AB550 - Revises provisions governing incompetent criminal defendants. (BDR 14-1120)

- 83rd Session (2025) Assembly Bill No. 550–Committee on Ways and Means CHAPTER.......... AN ACT relating to criminal procedure; revising provisions governing the commitment and release of incompetent criminal defendants; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain category B felonies because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 178.461) Section 1.5 of this bill limits this authority by allowing the prosecuting attorney to file such a motion only if the person was previously ordered to receive treatment to competency in an attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment for a felony charge that was dismissed. Section 1.5 also requires the prosecuting attorney to serve the motion upon the Division. Existing law requires a prosecuting attorney who files a motion for a hearing to determine whether to commit a person to the custody of the Administrator to request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. (NRS 178.461) Section 1.5 instead requires the prosecuting attorney to include a request for an order directing the Division to complete a comprehensive risk assessment in the motion for a hearing. Section 1.5 also requires the court to issue an order directing the Division to complete a comprehensive risk assessment not later than 5 judicial days after the date on which the motion is filed. Existing law authorizes the Division or a person committed to the custody of the Administrator of the Division to petition the committing court for conditional release. If a person is granted conditional release, the court is required to: (1) periodically review the eligibility of the person for discharge from conditional release; and (2) discharge the person from conditional release if, upon review, the court finds by clear and convincing evidence that the person no longer poses a danger to himself or herself or others. (NRS 178.463) Section 2 of this bill provides that when a person is discharged from conditional release, the State and any of its agents or employees are not liable for: (1) any debts, contractual obligations or medical expenses incurred by the person; or (2) any damages caused by the actions of the person. 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. (Deleted by amendment.) – 2 – - 83rd Session (2025) Sec. 1.5. NRS 178.461 is hereby amended to read as follows: 178.461 1. If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, and the defendant was previously ordered, pursuant to NRS 178.425, to receive treatment to competency in an attempt to cause the defendant to attain competency to stand trial or receive pronouncement of judgment for any such felony charge that was dismissed, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator . [pursuant to subsection 3.] A motion filed pursuant to this subsection must: (a) Include a request for an order directing the Division to complete a comprehensive risk assessment; and (b) Be served upon the Division. 2. If the prosecuting attorney files a motion pursuant to subsection 1, [the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from] the court shall [the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The] , not later than 5 judicial days after the date on which the motion is filed, issue an order directing the Division to complete a comprehensive risk assessment. The Division shall, except as otherwise provided in this subsection, complete the comprehensive risk assessment within 40 calendar days after [receipt of] the [request] court issues the order and provide the comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person. The court may grant the Division an extension to complete the comprehensive risk assessment upon a showing of good cause. Within 10 judicial days after receipt of the comprehensive risk assessment, the court shall hold a hearing on the motion. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion. 3. At a hearing held pursuant to subsection 2, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility, the court may order: – 3 – - 83rd Session (2025) (a) The sheriff to take the person into protective custody and transport the person to a forensic facility; and (b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired. 4. Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463. 5. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release. 6. The provisions of subsection 1 apply to any of the following category B felonies: (a) Voluntary manslaughter pursuant to NRS 200.050; (b) Mayhem pursuant to NRS 200.280; (c) Kidnapping in the second degree pursuant to NRS 200.330; (d) Assault with a deadly weapon pursuant to NRS 200.471; (e) Battery with a deadly weapon pursuant to NRS 200.481; (f) Aggravated stalking pursuant to NRS 200.575; (g) First degree arson pursuant to NRS 205.010; (h) Residential burglary with a deadly weapon pursuant to NRS 205.060; (i) Invasion of the home with a deadly weapon pursuant to NRS 205.067; (j) Any category B felony involving the use of a firearm; and (k) Any attempt to commit a category A felony. 7. If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and: (a) Was charged with murder or sexual assault; and (b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,  the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years. 8. The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility. – 4 – - 83rd Session (2025) 9. At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person. Sec. 2. NRS 178.463 is hereby amended to read as follows: 178.463 1. The Division or a person who is committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which committed the person for conditional release. 2. A person who is committed to the custody of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after: (a) The Division has completed a comprehensive risk assessment concerning the person; (b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and (c) The court which committed the person has approved the conditional release. 3. If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person is not a danger to himself or herself or others, the court must discharge the person from conditional release. When a person is discharged from conditional release pursuant to this subsection, the State and any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person. 4. The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464, except that the length of the period of conditional release may be extended for not more than 5 additional years if the length of the period of commitment has been extended pursuant to subsection 7 of NRS 178.461. Sec. 3. The amendatory provisions of section 1.5 of this act apply to offenses committed on or after July 1, 2025. Sec. 4. This act becomes effective on July 1, 2025. 20 ~~~~~ 25