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- 83rd Session (2025)
Senate Bill No. 465–Committee on Finance
CHAPTER..........
AN ACT relating to criminal procedure; revising the procedure for
evaluating certain criminal defendants whom the court finds
to be incompetent; revising provisions relating to the
involuntary administration of psychiatric med ication to
certain criminal defendants; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a defendant must be competent to stand trial or
receive a pronouncement of judgment. (NRS 178.400) Unde r existing law, if the
court finds a defendant incompetent and certain other requirements are met: (1) the
judge is required to commit the defendant to the custody of the Administrator of
the Division of Public and Behavioral Health of the Department of He alth and
Human Services or the Administrator’s designee for detention and treatment at a
secure facility of the Division; and (2) the defendant must be held in such custody
until the court orders the defendant’s release or until the defendant is returned f or
trial or judgment. (NRS 178.425) Existing law requires the Administrator of the
Division or the Administrator’s designee to periodically evaluate each such
defendant and report certain information relating to the competence of the
defendant to the court that ordered the defendant committed. (NRS 178.450)
Existing law prescribes the procedure governing these evaluations. (NRS 178.455)
In general, section 4 of this bill revises this procedure by reducing the number of
evaluators the Administrator or design ee is required to appoint to evaluate the
competence of the defendant from three evaluators to two evaluators. However, if
those two evaluators disagree concerning the competence of the defendant, section
4 requires the Administrator or designee to appoint a third evaluator to evaluate the
defendant.
Under existing law, a court is authorized to include the involuntary
administration of medication in an order committing a defendant to the custody of
the Division. (NRS 178.425) Section 3 of this bill removes this authorization and
instead requires the prosecuting attorney to seek a separate court order for the
involuntary administration of psychiatric medication.
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:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant incompetent, and
dangerous to himself or herself or to society and that commitment is
required for a determination of the defendant’s ability to receive
treatment to competency and to attain competence, the judge shall
order the sheriff to convey the defendant forthwith, together with a
copy of the complaint, the commitment and the physicians’
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certificate, if any, into the custody of the Administrator or the
Administrator’s designee for detention and treatment at a division
facility that is secure. [The] If the treating psychiatrist of the
defendant determines that psychiatric medication is necessary to
restore the defendant to competency and the defendant refuses to
take such medication voluntarily, the prosecuting attorney may
seek an order [may include ] for the involuntary administration of
psychiatric medication [if appropriate for treatment ] to
[competency.] the defendant.
2. [The] A defendant committed into the custody of the
Administrator or the Administrator’s designee must be held in such
custody until a court orders the defendant’s release or until the
defendant is returned for trial or judgment as provided in NRS
178.450, 178.455 and 178.460.
3. If the court finds the defendant incompetent but not
dangerous to h imself or herself or to society, and finds that
commitment is not required for a determination of the defendant’s
ability to receive treatment to competency and to attain competence,
the judge shall order the defendant to report to the Administrator or
the Administrator’s designee as an outpatient for treatment, if it
might be beneficial, and for a determination of the defendant’s
ability to receive treatment to competency and to attain competence.
The court may require the defendant to give bail for any pe riodic
appearances before the Administrator or the Administrator’s
designee.
4. Except as otherwise provided in subsection 5, proceedings
against the defendant must be suspended until the Administrator or
the Administrator’s designee or, if the defendant is charged with a
misdemeanor, the judge finds the defendant capable of standing trial
or opposing pronouncement of judgment as provided in
NRS 178.400.
5. Whenever the defendant has been found incompetent, with
no substantial probability of attaining competency in the foreseeable
future, and released from custody or from obligations as an
outpatient pursuant to paragraph (d) of subsection 4 of NRS
178.460, the proceedings against the defendant which were
suspended must be dismissed. No new charge arisi ng out of the
same circumstances may be brought except upon application by the
prosecuting attorney to the chief judge of the district court, or his or
her designee, and with leave of the court where:
(a) The State has a good faith belief, based on articu lable facts,
that the defendant has attained competency;
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(b) The State has a compelling interest in bringing charges
again; and
(c) The period, equal to the maximum time allowed by law for
commencing a criminal action for the crime with which the
defendant was charged, has not lapsed since the date of the alleged
offense.
The prosecuting attorney must give notice of an application made
pursuant to this subsection to the attorney for the defendant not less
than 24 hours before the hearing on the application.
6. If a defendant is found incompetent pursuant to this section,
the court shall cause, within 5 business days after the finding, on a
form prescribed by the Department of Public Safety, a record of that
finding to be transmitted to the Central Repository for Nevada
Records of Criminal History, along with a statement indicating that
the record is being transmitted for inclusion in each appropriate
database of the National Instant Criminal Background Check
System.
7. As used in this section, “Na tional Instant Criminal
Background Check System” has the meaning ascribed to it in
NRS 179A.062.
Sec. 4. NRS 178.455 is hereby amended to read as follows:
178.455 1. Except as otherwise provided for persons charged
with or convicted of a misdemeanor, the Administrator or the
Administrator’s designee shall appoint a licensed psychiatrist and a
licensed psychologist [from the treatment team ] who is certified
pursuant to NRS 178.417 to separately evaluate the defendant.
[The] One such appointee must be a member of the treatment
team.
2. If the appointees who conduct the evaluations required by
subsection 1 disagree concerning whether the defendant has the
present ability to understand the nature of the offense charged and
the nature and purpose of the court proceedings or to aid and
assist his or her counsel during the court proceedings, the
Administrator or the Administrator’s designee shall [also] appoint a
third evaluator [who] to evaluate the defendant. The third
evaluator must be a licensed psychiatrist or psychologist [, must be]
who is certified pursuant to NRS 178.417 . [and must not be a
member of the treatment team.]
3. Upon the completion of the [evaluation and treatment of the
defendant,] evaluations required by subsection 1 and, if applicable,
subsection 2, the Administrator or the Administrator’s designee
shall report to the court in writing [his or her ] the specific findings
and opinion [upon] of each appointee.
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4. The specific findings and opinion of an appointee must
include, without limitation:
(a) The opinion of the appointee as to whether the [person]
defendant has the present ability to:
[(a)] (1) Understand the nature of the offense charged;
[(b)] (2) Understand the nature and purpose of the court
proceedings; and
[(c)] (3) Aid and assist [the person’s] his or her counsel in the
defense at any time during the proceedings with a reasonable degree
of rational understanding [.
2.] ; and
(b) If , in the opinion of the appointee, the [Administrator or the
Administrator’s designee finds that the person ] defendant does not
have the present ability [pursuant to paragraph (a), (b) or (c) of
subsection 1] to understand or to aid and assist his or her counsel
during the court proceedings, [the Administrator or the
Administrator’s designee shall include in the written report ] a
statement of the reason or reasons for the finding and whether there
is a substantial probability that the [person] defendant can receive
treatment to competency and will attain competency in the
foreseeable future.
[3.] 5. A copy of the report must be:
(a) Maintained by the Administrator or the Administrator’s
designee and incorporated in the medical record of the [person;]
defendant; and
(b) Sent to the office of the district attorney and to the counsel
for the [outpatient or person committed.] defendant.
[4.] 6. In the case of a person charged with or convicted of a
misdemeanor, the judge shall, upon receipt of the report set forth in
NRS 178.450 from the Administrator or the Administrator’s
designee:
(a) Send a copy of the report by the Administrator or the
Administrator’s designee to the prosecuting attorney and to the
defendant’s counsel;
(b) Hold a hearing, if one is requested within 10 days after the
report is sent pursuant to paragraph (a), at which the attorneys may
examine the Administrator or the Administrator’s designee or the
members of the defendant’s treatment team on the determination of
the report; and
(c) Within 10 days after the hearing, if any, or 10 days after the
report is sent if no hearing is requested, enter a finding of
competence or incompetence in the manner set forth in subsection 4
of NRS 178.460.
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Sec. 5. This act becomes effective on July 1, 2025.
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