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- 83rd Session (2025)
Assembly Bill No. 550–Committee on Ways and Means
CHAPTER..........
AN ACT relating to criminal procedure; revising provisions
governing the commitment and release of incompetent
criminal defendants; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law provides that if a court dismisses the proceedings against a
defendant who is charged with any category A felony or certain category B felonies
because the court finds that the defendant is incompetent with no substantial
probability of attaining comp etence in the foreseeable future, the prosecuting
attorney is authorized to file a motion with the court for a hearing to determine
whether to commit the person to the custody of the Administrator of the Division of
Public and Behavioral Health of the Depa rtment of Health and Human Services.
(NRS 178.461) Section 1.5 of this bill limits this authority by allowing the
prosecuting attorney to file such a motion only if the person was previously ordered
to receive treatment to competency in an attempt to cause the person to attain
competency to stand trial or receive pronouncement of judgment for a felony
charge that was dismissed. Section 1.5 also requires the prosecuting attorney to
serve the motion upon the Division.
Existing law requires a prosecuting attorney who files a motion for a hearing to
determine whether to commit a person to the custody of the Administrator to
request from the Division a comprehensive risk assessment which indicates
whether the person requir es the level of security provided by a forensic facility.
(NRS 178.461) Section 1.5 instead requires the prosecuting attorney to include a
request for an order directing the Division to complete a comprehensive risk
assessment in the motion for a hearing. Section 1.5 also requires the court to issue
an order directing the Division to complete a comprehensive risk assessment not
later than 5 judicial days after the date on which the motion is filed.
Existing law authorizes the Division or a person committed to the custody of
the Administrator of the Division to petition the committing court for conditional
release. If a person is granted conditional release, the court is required to: (1)
periodically review the eligibility of the person for discharge from co nditional
release; and (2) discharge the person from conditional release if, upon review, the
court finds by clear and convincing evidence that the person no longer poses a
danger to himself or herself or others. (NRS 178.463) Section 2 of this bill provides
that when a person is discharged from conditional release, the State and any of its
agents or employees are not liable for: (1) any debts, contractual obligations or
medical expenses incurred by the person; or (2) any damages caused by the actions
of the person.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
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Sec. 1.5. NRS 178.461 is hereby amended to read as follows:
178.461 1. If the proceedings against a defendant who is
charged with any category A felony or a category B felony listed in
subsection 6 are dismissed pursuant to subsection 5 of NRS
178.425, and the defendant was previously ordered , pursuant to
NRS 178.425, to receive treatment to competency in an attempt to
cause the defendant to attain competency to stand trial or receive
pronouncement of judgment for any such felony charge that was
dismissed, the prosecuting attorney may, within 10 judicial days
after the dismissal, file a motion with the court for a hearing to
determine whether to commit the person to the custody of the
Administrator . [pursuant to subsection 3.] A motion filed pursuant
to this subsection must:
(a) Include a request for an order directin g the Division to
complete a comprehensive risk assessment; and
(b) Be served upon the Division.
2. If the prosecuting attorney files a motion pursuant to
subsection 1, [the prosecuting attorney shall, not later than the date
on which the prosecuting a ttorney files the motion, request from ]
the court shall [the Division a comprehensive risk assessment
which indicates whether the person requires the level of security
provided by a forensic facility. The ] , not later than 5 judicial days
after the date on which the motion is filed, issue an order directing
the Division to complete a comprehensive risk assessment . The
Division shall, except as otherwise provided in this subsection,
complete the comprehensiv e risk assessment within 40 calendar
days after [receipt of ] the [request] court issues the order and
provide the comprehensive risk assessment to the court, the
prosecuting attorney and counsel for the person. The court may
grant the Division an extension to complete the comprehensive risk
assessment upon a showing of good cause. Within 10 judicial days
after receipt of the comprehensive risk assessment, the court shall
hold a hearing on the motion. If the person was charged with any
category A felony othe r than murder or sexual assault or a category
B felony listed in subsection 6 and the comprehensive risk
assessment indicates that the person does not require the level of
security provided by a forensic facility, the court shall dismiss the
motion.
3. At a hearing held pursuant to subsection 2, if the court finds
by clear and convincing evidence that the person has a mental
disorder, that the person is a danger to himself or herself or others
and that the person’s dangerousness is such that the person re quires
placement at a forensic facility, the court may order:
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- 83rd Session (2025)
(a) The sheriff to take the person into protective custody and
transport the person to a forensic facility; and
(b) That the person be committed to the custody of the
Administrator and kept under observation until the person is eligible
for conditional release pursuant to NRS 178.463 or until the
maximum length of commitment described in subsection 4 or 7 has
expired.
4. Except as otherwise provided in subsection 7, the length of
commitment of a person pursuant to subsection 3 must not exceed
10 years, including any time that the person has been on conditional
release pursuant to NRS 178.463.
5. At least once every 1 2 months, the court shall review the
eligibility of the defendant for conditional release.
6. The provisions of subsection 1 apply to any of the following
category B felonies:
(a) Voluntary manslaughter pursuant to NRS 200.050;
(b) Mayhem pursuant to NRS 200.280;
(c) Kidnapping in the second degree pursuant to NRS 200.330;
(d) Assault with a deadly weapon pursuant to NRS 200.471;
(e) Battery with a deadly weapon pursuant to NRS 200.481;
(f) Aggravated stalking pursuant to NRS 200.575;
(g) First degree arson pursuant to NRS 205.010;
(h) Residential burglary with a deadly weapon pursuant to
NRS 205.060;
(i) Invasion of the home with a deadly weapon pursuant to
NRS 205.067;
(j) Any category B felony involving the use of a firearm; and
(k) Any attempt to commit a category A felony.
7. If a person is within 6 months of the maximum length of
commitment set forth in this subsection or subsection 4, as
applicable, and:
(a) Was charged with murder or sexual assault; and
(b) Was committed to the custody of the Administrator pursuant
to this subsection or subsection 3,
the Administrator may file a motion to request an extension of
the length of commitment for not more than 5 additional years.
8. The court may grant a motion for an extension of the length
of commitment pursuant to subsection 7 if, at a hearing conducted
on the motion, the court finds by clear and convincing evidence that
the person is a danger to himself or herself or others and t hat the
person’s dangerousness is such that the person requires placement at
a forensic facility.
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- 83rd Session (2025)
9. At a hearing conducted pursuant to subsection 8, a person
who is committed has the right to be represented by counsel. If the
person does not have counse l, the court shall appoint an attorney to
represent the person.
Sec. 2. NRS 178.463 is hereby amended to read as follows:
178.463 1. The Division or a person who is committed to the
custody of the Administrator pursuant to NRS 178.461 may petition
the court which committed the person for conditional release.
2. A person who is committed to the custody of the
Administrator pursuant to NRS 178.461 is eligible for conditional
release only after:
(a) The Division has compl eted a comprehensive risk
assessment concerning the person;
(b) A decision to release the person from commitment with
conditions imposed by the court in consultation with the Division
has been made based on input from the person’s treatment team, the
prosecuting attorney, the counsel for the person and the team that
will supervise the person in the community; and
(c) The court which committed the person has approved the
conditional release.
3. If a person is serving a period of conditional release pursuant
to this section, the court must, at least once every 12 months, review
the eligibility of the defendant for discharge from conditional
release. If, at the conclusion of the review required by this
subsection, the court finds by clear and convincing evidence that the
person is not a danger to himself or herself or others, the court must
discharge the person from conditional release. When a person is
discharged from conditional release pursuant to this subsection,
the State and any of its agents or employees are not liable for any
debts or contractual obligations, medical or otherwise, incurred or
damages caused by the actions of the person.
4. The length of the period of conditional release must not
exceed 10 years, including any time that the person ha s been
committed to the custody of the Administrator pursuant to NRS
178.461 and 178.464, except that the length of the period of
conditional release may be extended for not more than 5 additional
years if the length of the period of commitment has been ex tended
pursuant to subsection 7 of NRS 178.461.
Sec. 3. The amendatory provisions of section 1.5 of this act
apply to offenses committed on or after July 1, 2025.
Sec. 4. This act becomes effective on July 1, 2025.
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