Existing law provides that a defendant must be competent to stand trial or receive a pronouncement of judgment. (NRS 178.400) Under existing law, if the court finds a defendant incompetent and certain other requirements are met: (1) the judge is required to commit the defendant to 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 detention and treatment at a secure facility of the Division; and (2) the defendant must be held in such custody until the court orders the defendant's release or until the defendant is returned for trial or judgment. (NRS 178.425) Existing law requires the Administrator of the Division or the Administrator's designee to periodically evaluate each such defendant and report certain information relating to the competence of the defendant to the court that ordered the defendant committed. (NRS 178.450) Existing law prescribes the procedure governing these evaluations. (NRS 178.455) In general, section 4 of this bill revises this procedure by reducing the number of evaluators the Administrator or designee is required to appoint to evaluate the competence of the defendant from three evaluators to two evaluators. However, if those two evaluators disagree concerning the competence of the defendant, section 4 requires the Administrator or designee to appoint a third evaluator to evaluate the defendant. Under existing law, a court is authorized to include the involuntary administration of medication in an order committing a defendant to the custody of the Division. (NRS 178.425) Section 3 of this bill removes this authorization and instead requires the prosecuting attorney to seek a separate court order for the involuntary administration of psychiatric medication.

Statutes affected:
As Introduced: 178.3981, 178.425, 178.455
Reprint 1: 178.425, 178.455
As Enrolled: 178.425, 178.455
BDR: 178.3981, 178.425, 178.455