AB 253 — Revises provisions relating to adjudications of mental health. (BDR 39-688)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2017) SECOND REPRINT A.B.

253253–Committee ASSEMBLYon BJudiciary ILLNCHAPTER.......... O.

253–C OMMITTEE ON JUDICIARY M ARCH 3, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to adjudications of mental health.

(BDR 39-688) FISCAL NOTE:

EfEffect on the State:

Yes.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law defines a person with mental illness to include a person whose capacity is diminished as a result of mental illness to the extent that the person presents a clear and present danger of harm to himself or herself.herself if there exists a reasonable probability that the person will harm himself or herself unless the person is admitted to a mental health facility.

A person presents a clear and present danger of harm to himself or herself if there exists a reasonable probability that the person will harm himself or herself unless the person is - *AB253_R2* – 2 – admitted to a mental health facility.

person alleged to be a person with mental illness to a mental health facility ordmitoradmit a certain other services, the court shall cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person.

A physician or psychologist who examines the person must submit to the court a written summary of his or her findings and evaluation not later than 24 or 48 hours before the hearing on the petition, depending on the circumstances of the requireadmission. the physician or psychologist to submit the written summary of findings and evaluation not later than 24 hours before the hearing on the petition.

Existing(NRS law433A.240) requiresSection that1.7 ifof thethis courtbill issuesrevises anthese orderprovisions involuntarily admitting a person with mental illness to aevaluation mentalnot healthlater facilitythan or24 certainhours otherbefore programs of services, the courthearing ison required to transmit a record of the orderpetition. to the Central Repository for Nevada Records of Criminal History.

(NRSfindings 433A.310)and SectionExisting 2law ofrequires agencythat ofif thisthe Statecourt issues an order involuntarily admitting a person with whichmental illness to a mental health facility or certain other programs of services, the court hasis enteredrequired intoto antransmit agreementa forrecord suchcementof transmissionthe order to the Central Repository for inclusionNevada inRecords certainof databases.Criminal History.

(NRS 433A.310) Section 2 of - 79th Session (2017) – 2 – this bill requires the court to transmit a record of the order to each law enforcement transmission for inclusion in certain databases.tered into an agreement for such Existing law requires a court to seal all court records relating to the admission and mental health treatment of certain persons and establishes procedures by which certain entities may be granted an opportunity to inspect the records.

(NRS 433A.715) Section 3 of this bill establishes a procedure by which a public or privateorder hospitalof orinvoluntary aadmission mentalwhich healthrelates facilityto maya requestperson andalleged obtainto abe copy of a courtperson witht mental illness who has been admitted to the hospital or facility.tofacility. be a person with THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

As used in NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, unless the context otherwise requires, “person with mental illness” means any person whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his - *AB253_R2* – 3 – or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.

(a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, - 79th Session (2017) – 3 – the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the person’s death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility or required to participate in a program of community-community-lth based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to the person;

A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm andanderious committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the - *AB253_R2* – 4 – person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to him or her.

After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or licensed psychologists, one of - 79th Session (2017) – 4 – whom must always be a physician, to examine the person alleged to be a person with mental illness, or request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

2.detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition.

To conduct the examination of a person who is not being detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition.

[Except as otherwise provided in this subsection, each] Each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than [48] 24 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person with mental illness.illness is admitted under anperson emergency admission pursuant to an application made pursuant to NRS 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.] Sec.

[If the person alleged to be a person with mental illness is admitted under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.] - *AB253_R2* – 5 – Sec.

(a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness or exhibits observable behavior such that the person is likely to harm himself or herself or others if allowed his or her liberty or if - 79th Session (2017) – 5 – not required to participate in a program of community-based or outpatient services, the court shall enter its finding to that effect and the person must not be involuntarily admitted to a public or private mental health facility or to a program of community-based or out(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, the court may order the involuntary admission of the person for the most appropriate course of treatment, including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services.

(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, the court may order the involuntary admission of the person for the most appropriate course of treatment, including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services.

(e) The court determines that, based on the person’s history of treatment for mental illness, the person needs to be admitted to a program of community-based or outpatient services to preventpreventd to a further disability or deterioration of the person which is likely to result in harm to himself or herself or others;

- *AB253_R2* – 6 – (g) The program of community-based or outpatient services is the least restrictive treatment which is in the best interest of the person;

Except as otherwise provided in NRS 432B.608, an involuntary admission pursuant to paragraph (b) of subsection 1 - 79th Session (2017) – 6 – automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390 or by the professional responsible for providing or coordinating the program of community-based or outpatient services as provided for in subsection 3 of NRS 433A.390.

Except as otherwise provided ininr NRS 432B.608, at the end of the court-ordered period of treatment, the Division, any mental health facility that is not operated by the Division or a program of community-based or outpatient services may petition to renew the involuntary admission of the person for additional periods not to exceed 6 months each.

If the court issues an order involuntarily admitting a person to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, within 5 business days after the order becomes final pursuant to this section,record onof athe formorder prescribedto bybe thetransmitted Departmentto of[the] :of Public Safety, a record(a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the orderrecord tois bebeing transmitted tofor [the]inclusion :in each appropriate database of the National Instant Criminal Background Check System [.] ;

(a)and The(b) CentralEach Repositorylaw forenforcement Nevadaagency Records of Criminalthis History,State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of thethis NationalState’s Instantappropriate Criminaldatabases Backgroundof Checkinformation Systemrelating [.]to ;crimes.

and (b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for - *AB253_R2* – 7 – inclusion in each of this State’s appropriate databases of information relating to crimes.

- 79th Session (2017) – 7 – Sec.

A court shall seal all court records relating to the admission and treatment of any person who was admitted, voluntarily or as the result of a noncriminal proceeding, to a public or private hospital, a mental health facility or a program of community-based or outpatient services in this State for the purpose of obtaining mental health treatment.

(b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect(c) The person who is the records;subject of the records petitions the court to permit the inspection of the records by a person named in the petition.