NRS 412.4485 Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.

423 words·~2 min read·/nv/chapter-412-state-militia/412-4485

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

1. Unless otherwise stated in this section, in the case of a person determined pursuant to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715 , inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715 , inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715 , inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715 , inclusive, as if it were the court that ordered the commitment of the person.

2. When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person.

The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.

3. Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.