Existing law authorizes a district court to establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign an eligible defendant. Under existing law, a justice court or municipal court is authorized, upon approval of a district court, to transfer original jurisdiction of a case involving such an eligible defendant to the district court. (NRS 4.370, 5.050, 176A.250, 176A.255) Sections 1-6 of this bill additionally authorize a justice court or municipal court to establish such a program and to transfer original jurisdiction of a case involving an eligible defendant to the district court if the justice court or municipal court: (1) has not established such a program; or (2) determines that the transfer is appropriate and necessary. Existing law limits the definition of an “eligible defendant” to mean a person who: (1) has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor; (2) appears to suffer from mental illness or to be intellectually disabled; and (3) would benefit from assignment to a program. (NRS 176A.255) Section 2 of this bill expands the definition of an “eligible defendant” to include any person who, regardless of whether the person has tendered a plea to or been found guilty of an offense that is a misdemeanor: (1) appears to suffer from a mental illness or to be intellectually disabled; and (2) would benefit from assignment to a program. Existing law provides that upon a violation of a term or condition of such a program, the court may: (1) enter a judgement of conviction and proceed as provided in the section pursuant to which the defendant was charged; and (2) order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison. (NRS 176A.260) Section 3 authorizes the imposition of certain sanctions against a defendant for such a violation.

Statutes affected:
As Introduced: 176A.250, 176A.255, 176A.260, 176A.265, 4.370, 5.050
Reprint 1: 176A.250, 176A.255, 176A.260, 176A.265, 4.370, 5.050
Reprint 2: 176A.250, 176A.255, 176A.260, 176A.265, 4.370, 5.050
As Enrolled: 176A.250, 176A.255, 176A.260, 176A.265, 4.370, 5.050
BDR: 176A.250, 176A.255, 176A.260, 176A.265, 4.370, 5.050