NevadaLaw sets court rules for committing some incompetent defendants
Nevada law lets prosecutors seek commitment after certain serious felony cases are dismissed if the person was ordered to receive treatment to become competent.
What it does
For certain serious felony cases, prosecutors may ask a court to consider commitment after dismissal if the person was ordered to receive treatment to become competent in that case.
A court may order state custody at a forensic facility only after finding clear evidence of a mental disorder, danger to the person or others, and need for that level of security.
Conditional release requires a risk assessment, input from treatment and supervision teams and others involved, and court approval; the court must review possible discharge at least yearly.
Argument forRisk assessments and a high proof standard could help courts avoid placing people in secure facilities when they do not need that level of security.
Argument againstLong commitment periods and possible extensions in murder or sexual assault cases could keep a person in a secure facility for years.
More detail
A prosecutor may ask a court to consider committing a person to state custody after a felony case is dismissed. This applies to dismissed category A felonies and listed category B felonies, including some violent crimes, firearm felonies, and attempts to commit category A felonies. The person must have been ordered to receive treatment to become competent in the dismissed felony case. The prosecutor must serve the motion on the state health division and include a request for a risk assessment. The court must order the assessment within 5 judicial days. For covered charges other than murder or sexual assault, the court must dismiss the motion if the assessment says the person does not need a forensic facility. The prosecutor must file within 10 judicial days after dismissal. The court must hold a hearing within 10 judicial days after receiving the assessment.
After a hearing, a court may order a person into state custody at a forensic facility. These provisions cover people considered for commitment after a prosecutor's motion on a listed felony charge. The court must find by clear and convincing evidence that the person has a mental disorder, is a danger to themselves or others, and needs a forensic facility. A commitment generally cannot exceed 10 years, including time on conditional release. For a person charged with murder or sexual assault, the state health administrator may seek up to 5 more years near the end of the commitment. The court may grant an extension only after finding the person is dangerous and needs a forensic facility. The person has a right to a lawyer at that hearing. The court must review eligibility for conditional release at least once every 12 months. A commitment generally cannot exceed 10 years, with a possible extension of up to 5 years in murder or sexual assault cases.
A committed person or the state health division may ask the committing court for conditional release. After discharge, the State and its workers are not liable for certain debts or damages. These provisions cover people committed to the state health administrator under the specified criminal procedure laws. Conditional release requires a completed risk assessment, input from the treatment team, prosecutor, person's lawyer, and community supervision team, and court approval. The court must review possible discharge at least once every 12 months and discharge the person if clear and convincing evidence shows they are no longer a danger to themselves or others. After discharge, the State and its workers are not liable for the person's debts, contractual obligations, medical expenses, or damages caused by the person's actions. The combined time in commitment and on conditional release generally cannot exceed 10 years. It may extend by up to 5 years if the commitment period was extended.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 9Approved by the Governor Joe Lombardo. Chapter 433.Became Law
- Jun 5Enrolled and delivered to Governor.To Governor
- Jun 2Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. Senate Amendment No. 921 concurred in. To enrollment.Passed Senate
- Vote recorded Senate (2nd Reprint). Result: pass.Upper
- Jun 1From committee: Do pass. Placed on General File.Minor
- May 30From printer. To re-engrossment. Re-engrossed. Second reprint. To committee.
- May 29From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 921.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.Minor
- May 26From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: 1, Excused: 1.) To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.Passed Assembly
- Vote recorded Assembly (1st Reprint). Result: pass.Lower
- May 23From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 750.) To printer.Minor
- May 6From printer. To committee.
- May 5Read first time. Referred to Committee on Judiciary. To printer.Introduced
Criminal Justice