NRS 178.464 Procedure when defendant violates condition of release; hearing to determine whether to continue, modify or terminate conditional release.

491 words·~2 min read·/nv/chapter-178-general-provisions/178-464

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

1. The Division shall notify the court which ordered the commitment of the person pursuant to NRS 178.461 if the person violates a condition of the release from commitment.

2. If a forensic facility supervising a person on conditional release has probable cause to believe the person violated a condition of the release from commitment and is an imminent danger to himself or herself or others, the forensic facility may take the person into protective custody and transport the person to the forensic facility or may request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility. If the forensic facility makes such a request, the law enforcement agency, as soon as practicable after receiving the request, may take the person into protective custody and transport the person to the forensic facility.

Except as otherwise provided in this subsection, within 3 days after a person has been taken into protective custody and transported to the forensic facility pursuant to this subsection, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the person. The hearing may be continued not more than 10 days upon agreement by the counsel for the person and the prosecuting attorney.

3. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.

4. If the person on conditional release has not been transported to a forensic facility pursuant to subsection 2, after consulting with the persons required by subsection 3 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection 5. If the court issues such an order, the court must:

(a)Order the sheriff to take the person:

(1)Into protective custody and transport the person to a forensic facility; or

(2)To a jail where the person must remain in protective custody; and

(b)Provide a copy of the order to the counsel for the person and the prosecuting attorney.

5. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 4, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.

6. As used in this section:

(a)“Forensic facility” has the meaning ascribed to it in NRS 175.539 .

(b)“Law enforcement agency” means:

(1)The sheriff’s office of a county;

(2)A metropolitan police department; or

(3)A police department of an incorporated city.