NRS 178.455 Procedure for evaluating certain defendants following finding of incompetence; report to court; procedure concerning misdemeanants.

515 words·~2 min read·/nv/chapter-178-general-provisions/178-455

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 who is certified pursuant to NRS 178.417 to separately evaluate the defendant. 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 appoint a third evaluator to evaluate the defendant. The third evaluator must be a licensed psychiatrist or psychologist who is certified pursuant to NRS 178.417 .

3. Upon the completion of the evaluations required by subsection 1 and, if applicable, subsection 2, the Administrator or the Administrator’s designee shall report to the court in writing the specific findings and opinion of each appointee.

4. The specific findings and opinion of an appointee must include, without limitation:

(a)The opinion of the appointee as to whether the defendant has the present ability to:

(1)Understand the nature of the offense charged;

(2)Understand the nature and purpose of the court proceedings; and

(3)Aid and assist his or her counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding; and

(b)If, in the opinion of the appointee, the defendant does not have the present ability to understand or to aid and assist his or her counsel during the court proceedings, a statement of the reason or reasons for the finding and whether there is a substantial probability that the defendant can receive treatment to competency and will attain competency in the foreseeable future.

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 defendant; and

(b)Sent to the office of the district attorney and to the counsel for the defendant.

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 .