Existing law prohibits a defendant from being tried or judgment pronounced for a public offense while the defendant is incompetent. (NRS 178.400) Existing law also requires a court to suspend criminal proceedings against a defendant if doubt arises as to the competence of the defendant until the question of competence is determined. (NRS 178.405) After a court determines that a defendant is incompetent, existing law requires a judge to order the defendant into the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrator's designee for treatment at a secure mental health facility of the Division. (NRS 178.425) Under certain circumstances, section 3 of this bill authorizes the Administrator to enter into a contract with an organization that provides mental health services to the community to operate a facility for the treatment of defendants to competency in a county jail or detention facility in a county whose population is 100,000 or more (currently Clark and Washoe Counties). Section 3 additionally authorizes the Administrator to establish a program to provide services for the treatment of defendants to competency and the reintegration of such defendants into society at a location other than a forensic facility. Sections 3 and 5 of this bill authorize a court to commit an incompetent defendant to such a facility or program under the same circumstances where the court is authorized to commit an incompetent defendant to a division facility after a clinical review. Section 9 of this bill requires a defendant who has attained competence after being committed to a facility for the treatment of defendants to competency established in a county jail or detention facility or through a program to provide services for the treatment of defendants to competency and the reintegration of such defendants into society at a location other than a forensic facility to be discharged from the treatment facility within the jail or detention facility or to have his or her services through the program terminated, as applicable. Section 13 of this bill applies the provisions of section 3 to persons who have been court-martialed for violations of the Nevada Code of Military Justice. (NRS 412.196-412.584) Section 4 of this bill applies certain definitions to section 3. Section 7 of this bill revises certain terminology to more accurately reflect the required contents of certain periodic reports of the Administrator or the Administrator's designee concerning an incompetent defendant. Section 9.5 of this bill updates a reference in conformance with section 5. Existing law authorizes a juvenile court that determines that a child in a case before the court is incompetent to require a treatment facility of the Division of Child and Family Services of the Department to accept and provide services to the child. (NRS 62D.180, 62D.185) If the administrative officer of the facility or the administrative officer's designee has determined that the treatment available at the facility is not appropriate or necessary for the child, existing law requires the administrative officer or the administrative officer's designee to assist the court with identifying a facility that has the appropriate or necessary treatment. (NRS 433B.320) If a court orders a treatment facility to accept and provide services to a child, section 20 of this bill requires the administrative officer of the facility or the administrative officer's designee to: (1) accept placement of the child in the facility; and (2) if the facility is not best situated to treat the child, to ensure that the child receives treatment at the facility, within the capabilities of the facility, while a more suitable facility is found.

Statutes affected:
As Introduced: 178.3981, 178.425, 178.435, 178.450, 178.453, 178.460, 178.461, 160.160, 209.3515, 412.4485, 433.4295, 433A.200, 433A.360, 433A.370, 433A.580, 433A.610, 433B.320, 449A.636
Reprint 1: 178.3981, 178.425, 178.450, 178.460, 412.4485, 433B.320
Reprint 2: 178.3981, 178.425, 178.450, 178.460, 178.461, 412.4485, 433B.320
As Enrolled: 178.3981, 178.425, 178.450, 178.460, 178.461, 412.4485, 433B.320
BDR: 178.3981, 178.425, 178.435, 178.450, 178.453, 178.460, 178.461, 160.160, 209.3515, 412.4485, 433.4295, 433A.200, 433A.360, 433A.370, 433A.580, 433A.610, 433B.320, 449A.636