NevadaNevada law sets competency reviews and medication court orders
Since July 1, 2025, Nevada law calls for two professionals to assess most defendants’ competency and lets prosecutors seek a separate medication order in certain cases.
What it does
For most defendants, a licensed psychiatrist and psychologist evaluate competency separately; one must be part of the treatment team.
If the first two evaluators disagree about a defendant’s ability to understand the case or help their lawyer, a third certified professional evaluates the defendant.
For a defendant committed to a secure facility, a prosecutor may seek a court order for psychiatric medication if the treating psychiatrist says it is needed to restore competency and the defendant refuses it.
Argument forStarting with two evaluators could make competency reviews more direct, while a disagreement still requires a third professional’s review.
Argument againstA court could authorize psychiatric medication a defendant refuses if the treating psychiatrist says it is needed to restore competency.
More detail
The Division administrator or designee appoints two professionals to evaluate competency. This applies except to people charged with or convicted of a misdemeanor. The appointees are a licensed psychiatrist and a licensed psychologist certified under state law. One appointee must be part of the treatment team.
The administrator or designee appoints a third professional to evaluate competency if the first two disagree. The disagreement is about whether the defendant can understand the charge and court proceedings or help their lawyer. The third evaluator must be a licensed psychiatrist or psychologist certified under state law.
A prosecutor may seek a separate court order for involuntary psychiatric medication. This applies to an incompetent defendant committed to a secure Division facility for treatment. The treating psychiatrist must find the medication necessary to restore competency, and the defendant must refuse to take it voluntarily. The law took effect July 1, 2025.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 11Chapter 511.Latest
- Jun 10Approved by the Governor Joe Lombardo.Became Law
- Jun 5Enrolled and delivered to Governor.To Governor
- Jun 4To enrollment.Major
- Jun 3In Senate. To enrollment.Major
- Jun 2Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.Passed House
- Vote recorded Assembly (1st Reprint). Result: pass.Lower
- Jun 1Taken from General File. Placed on General File for next legislative day.
- May 31From committee: Do pass. Placed on Second Reading File. Read second time.Minor
- May 30From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.Passed Senate
- Vote recorded Senate (1st Reprint). Result: pass.Upper
- May 29From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 901.) To printer.Minor
- May 6From printer. To committee.
- May 5Read first time. Referred to Committee on Judiciary. To printer.Introduced
Criminal JusticeMental Health