AB467 - Revises provisions relating to forensic mental health. (BDR 14-842)

- 83rd Session (2025) Assembly Bill No. 467–Assemblymembers Roth and Yeager Joint Sponsor: Senator Nguyen CHAPTER.......... AN ACT relating to mental health; authorizing the creation of a facility for the treatment of incompetent defendants within certain county jails or detention facilities; authorizing the establishment of a program to provide certain services to an incompetent defendant outside of a forensic facility; requiring a clinical review to determine the appropriate placement of an incompetent defendant; requiring the Division of Child and Family Services of the Department of Health and Human Services to immediately accept placement of a child in a division facility when a juvenile court orders such acceptance of the child; and providing other matters properly relating thereto. Legislative Counsel’s Digest: 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 – 2 – - 83rd Session (2025) 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. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. (Deleted by amendment.) Sec. 3. 1. The Administrator may enter into a contract with an organization that provides mental health services to the community to establish and operate a facility for the treatment of defendants to competency within the county jail or detention facility in a county whose population is 100,000 or more if: (a) Money is available to support the facility for the treatment of defendants; (b) There is a qualified organization that is willing and able to operate the facility for the treatment of defendants; and (c) The sheriff who is responsible for the county jail or detention facility consents to the establishment of the facility for the treatment of defendants within the county jail or detention facility. 2. Except as otherwise provided in subsection 2 of NRS 178.425, an organization that enters into a contract pursuant to subsection 1 may serve as an Administrator’s designee for the purpose of this section and NRS 178.3981 to 178.4715, inclusive. The Administrator retains oversight over the facility for the treatment of defendants to competency and services provided at the facility. – 3 – - 83rd Session (2025) 3. The Administrator may 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. The services provided through such a program must be developed based on considerations of public safety, the needs of the defendant and the resources available to the defendant. 4. As used in this section, “forensic facility” has the meaning ascribed to it in NRS 175.539. Sec. 4. NRS 178.3981 is hereby amended to read as follows: 178.3981 As used in NRS 178.3981 to 178.4715, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 178.3982 to 178.399, inclusive, have the meanings ascribed to them in those sections. Sec. 5. NRS 178.425 is hereby amended to read as follows: 178.425 1. If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the Administrator or the Administrator’s designee for detention and treatment at a division facility that is secure [.] , a facility for the treatment of defendants to competency established within a county jail or detention facility pursuant to subsection 1 of section 3 of this act or another location to receive services through a program established pursuant to subsection 3 of section 3 of this act, as determined after a clinical review conducted pursuant to subsection 2. The order may include the involuntary administration of medication if appropriate for treatment to competency. 2. After the court orders a defendant into the custody of the Administrator or the Administrator’s designee pursuant to subsection 1, the Administrator or the Administrator’s designee shall perform a clinical review of the defendant to determine whether the defendant would most appropriately be placed in a division facility that is secure, a facility for the treatment of defendants to competency established within a county jail or detention facility pursuant to subsection 1 of section 3 of this act or another location to receive services through a program established pursuant to subsection 3 of section 3 of this act. An organization that enters into a contract with the Administrator – 4 – - 83rd Session (2025) pursuant to subsection 1 of section 3 of this act may not perform such a review. 3. The defendant must be held in such custody until a court orders the defendant’s release or until the defendant is returned for trial or judgment as provided in NRS 178.450, 178.455 and 178.460. [3.] 4. If the court finds the defendant incompetent but not dangerous to himself or herself or to society, and finds that commitment is not required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the defendant to report to the Administrator or the Administrator’s designee as an outpatient for treatment, if it might be beneficial, and for a determination of the defendant’s ability to receive treatment to competency and to attain competence. The court may require the defendant to give bail for any periodic appearances before the Administrator or the Administrator’s designee. [4.] 5. Except as otherwise provided in subsection [5,] 6, proceedings against the defendant must be suspended until the Administrator or the Administrator’s designee or, if the defendant is charged with a misdemeanor, the judge finds the defendant capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400. [5.] 6. Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court where: (a) The State has a good faith belief, based on articulable facts, that the defendant has attained competency; (b) The State has a compelling interest in bringing charges again; and (c) The period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has not lapsed since the date of the alleged offense.  The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application. – 5 – - 83rd Session (2025) [6.] 7. If a defendant is found incompetent pursuant to this section, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of that finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System. [7.] 8. As used in this section, “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062. Sec. 6. (Deleted by amendment.) Sec. 7. NRS 178.450 is hereby amended to read as follows: 178.450 1. The Administrator or the Administrator’s designee shall keep each defendant committed to custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to the Administrator as an outpatient under those sections evaluated periodically. 2. The Administrator or the Administrator’s designee shall report in writing to a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether, in his or her opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against the defendant and, by reason thereof, is able to aid and assist counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The Administrator or the Administrator’s designee shall submit such a report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial report must be submitted within 6 months after the order and at 6-month intervals thereafter. If the opinion of the Administrator or the Administrator’s designee is that the defendant is not of sufficient mentality to understand the nature of the charge against the defendant and assist in the defendant’s own defense, the Administrator or the Administrator’s designee shall also include in the report his or her opinion whether: (a) There is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand – 6 – - 83rd Session (2025) trial or receive pronouncement of judgment in the foreseeable future; and (b) The defendant is at that time a danger to himself or herself or to society. 3. The report must contain: (a) The name of the defendant and the county or city to which the defendant may be returned for further court action. (b) The circumstances under which the defendant was committed to the custody of the Administrator or the Administrator’s designee and the duration of the defendant’s [hospitalization,] treatment to competency or the circumstances under which the defendant was ordered to report to the Administrator or the Administrator’s designee as an outpatient. Sec. 8. (Deleted by amendment.) Sec. 9. NRS 178.460 is hereby amended to read as follows: 178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the report by the [Text truncated for display. Full text available on LegiScan.]