AB 440 — Revises provisions governing involuntary commitment proceedings. (BDR 39-997)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

440440–Assemblyman ASSEMBLYYeager BCHAPTER.......... ILLN O.

440–A SSEMBLYMAN Y EAGER M ARCH 27, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing involuntary commitment proceedings.

(BDR 39-997) FISCAL NOTE:

EfEffect on the State:

Yes.

May have Fiscal Impact.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law provides that a proceeding for an involuntary court-ordered admission of a person may be commenced by the filing of a petition for thedthe involuntary admission to a mental health facility or to a program of community- based or outpatient services with the clerk of the district court of the county where the person resides.

(NRS 433A.200) Section 1 of this bill additionally authorizes a defendant in a criminal proceeding forin the involuntarydistrict court-orderedcourt admissionto of a personprogram whoof iscommunity- the based or outpatient services to be commenced by the district court, on its ownnity-own motion, or by motion of the defendant or the district attorney if certain conditions are met.

Under section 4.3, if the - *AB440_R1* – 2 – defendant successfully completes a program of community-based or outpatient services, the district court shall dismiss the criminal charges against the defendant with prejudice.

Section 2 provides that, if the Chief Judge of a district court has designated a district court judge or hearing master to preside over involuntary commitment hearings, thatctthat court district court judge or hearing master must preside over such hearings.

Existing law requires district judges assigned to the family court for a period of 90 or more days to attend instruction at the National Council of Juvenile and Family Court Judges in Reno, Nevada.

(NRS 3.0105) Section 4.5 of this billbilland exempts a district judge or hearing master specifically assigned to hear certain involuntary commitment proceedings from the requirement to attend sucharsuch certain instruction.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

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

The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, physician assistant, psychologist, social worker or registered nurse, by an accredited agent of the Department orThe bypetition anymust officerbe authorizedaccompanied:ake to make arrests in the State of Nevada.

The petition must be accompanied:

(1) The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person with mental illness, - *AB440_R1* – 3 – probable cause to believe that the person 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;

- 79th Session (2017) – 3 – 2.

Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, [the] a petition submitted pursuant to subsection 1 must, in addition to the certificate or statement required by [subsection 1,] that subsection, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

The date must be within 5 judicial days after the date on which the petition is received by the clerk [.] or the motion is made, as applicable.assigned a district court judge or hearing master to preside over such hearings, that judge or hearing master must preside over the hearing.

If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over such hearings, that judge or hearing master must preside over the hearing.

The court shall give notice of the petition or motion and of the time, date and place of any proceedings thereon to the subject of the petition [,] or motion, his or her attorney, if known, the person’s legal guardian, the petitioner, if applicable, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal - *AB440_R1* – 4 – Government pursuant to 42 U.S.C.

- 79th Session (2017) – 4 – 3.

If the person has a legal guardian, the facility shall notify the guardian prior to dischargingdiscretion to determine where the person fromwill be released, taking into consideration any discharge plan proposed by the facility.facility assessment team.

The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team.

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 [.] or motion, as applicable.

Each physician and licensed psychologist who examines a person pursuant to subsection 1 or 2 shall, in conducting - *AB440_R1* – 5 – such an examination, consider the least restrictive treatment appropriate for the person.

- 79th Session (2017) – 5 – [5.] 6.

Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 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.

Except as otherwise provided in subsection 2 and NRS 432B.6076 and 432B.6077, if the district court finds, after proceedings for the involuntary court-ordered admission of a person:per(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 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 outpatient services.

(a)(b) That there is not clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness orand, exhibitsbecause observableof behavior such that theillness, person 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 shallmay enter- its79th findingSession to(2017) that– effect6 and– order the involuntary admission of the person mustfor notthe bemost involuntarilyappropriate admittedcourse of treatment, including, without limitation, admission to a public or private mental health facility or toparticipation in a program of community-based or outpatient services.become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

(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 - *AB440_R1* – 6 – 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.

The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

(b) That there is clear and convincing evidence that the defendant 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, except as otherwise provided in this paragraph, the court shall order the involuntary admission of the defendant for participation in a program of community-based or outpatient services and suspend further proceedings in the criminal proceeding against the defendant until the defendant completes or by the defendant is removeda fromcategory A or B felony or involved the program.use or threatened use of force or violence, the court may not order the involuntary admission of the defendant for participation in a program pursuant to this paragraph unless the prosecuting attorney stipulates to the assignment.

If the offense allegedly committed by the defendant is a category A or B felony or involved the use or threatened use of force or violence, the court may not order the involuntary admission of the defendant for participation in a program pursuant to this paragraph unless the prosecuting attorney stipulates to the assignment.

If, pursuant to NRS 176A.400, the district court issues an order granting probation to a defendant in a criminal proceeding with a condition that the defendant submit to mental health - 79th Session (2017) – 7 – treatment and comply with instructions, admission to a program of community-based or outpatient services may be used to satisfy - *AB440_R1* – 7 – such a condition if the Division makes a clinical determination that placement in a program of community-based or outpatient servicesser4.cesA iscourt appropriate.shall not admit a person to a program of community- based or outpatient services unless:

4.