NRS 178.461 Motion for hearing to determine whether to commit certain incompetent defendants to custody of Administrator; comprehensive risk assessment; dismissal of motion in certain circumstances; length of commitment; review of eligibility for conditional release; procedure for requesting extension of commitment.

837 words·~4 min read·/nv/chapter-178-general-provisions/178-461

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

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 6 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. A motion filed pursuant to this subsection must:

(a)Include a request for an order directing 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 court shall, 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 comprehensive risk assessment within 40 calendar days after the 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 other 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 requires placement at a forensic facility, the court may order:

(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 12 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,

Ê 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 that the person’s dangerousness is such that the person requires placement at a forensic facility.

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 counsel, the court shall appoint an attorney to represent the person.