Nevada 2021 Regular Session Status: Enacted

AB 25 — Revises provisions relating to the conditional release of certain persons found to be incompetent. (BDR 14-295)

Last action — Chapter 74.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

60 added · 53 removed

60 line(s) added, 53 removed.

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(Reprinted with amendments adopted on April 12, 2021) FIRST REPRINT A.B.
Assembly Bill No.
25 ASSEMBLY B ILLN O.
25–Committee on Judiciary CHAPTER..........
25–COMMITTEE ON JUDICIARY (ON BEHALF OF THE DIVISION OF PUBLIC AND B EHAVIORAL H EALTH OF THE D EPARTMENT OF H EALTH AND HUMAN SERVICES ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the conditional release of certain persons found to be incompetent.
(BDR 14-295) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides a procedure for a court to modify or terminate the sentenced after such a person violates a condition of the release from commitment.e (NRS 178.464) This bill authorizes a forensic facility supervising a person on conditional release to, without obtaining a court order, take the person into protective custody and transport the person to the forensic facility or request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility supervising the person if the forensic facility has commitment and is a danger to himself or herself or others.
Existing law provides a procedure for a court to modify or terminate the conditional release of certain persons found to be incompetent to stand trial or be sentenced after such a person violates a condition of the release from commitment.
This bill also requires that, not later than 3 days after the person is taken into protective custody and transported to the forensic facility, the court must hold a hearing to determine whether to continue, modify or terminate the conditional release of the person, unless the hearing is continued upon agreement by the counsel for the person and the prosecuting attorney.
(NRS 178.464) This bill authorizes a forensic facility supervising a person on protective custody and transport the person to the forensic facility or request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility supervising the person if the forensic facility has probable cause to believe that the person violated a condition of the release from commitment and is a danger to himself or herself or others.
- *AB25_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
This bill also requires transported to the forensic facility, the court must hold a hearing to determined whether to continue, modify or terminate the conditional release of the person, unless the hearing is continued upon agreement by the counsel for the person and the prosecuting attorney.
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:
Except as otherwise provided in this subsection, within 3 days after a person has been taken into protective custody and transported to the forensic facility pursuant to this subsection, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the person.
Except as otherwise provided in this subsection, within 3 days after a person - 81st Session (2021) – 2 – has been taken into protective custody and transported to the forensic facility pursuant to this subsection, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the person.
[3.
4..
After] transported to a forensic facility pursuant to subsection 2, after consulting with the persons required by subsection [2] 3 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection [4.] 5.
If the person on conditional release has not been transported to a forensic facility pursuant to subsection 2, after consulting with the persons required by subsection [2] 3 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection [4.] 5.
- *AB25_R1* – 3 – [4.] 5.
[4.] 5.
or Sec.
or (3) A police department of an incorporated city.
Sec.
H - *AB25_R1*
~~~~~ 21 - 81st Session (2021)
View plain text versions (3)

Amendments

1 amendment

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Action History

  1. Chapter 74.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.

  9. Read second time. Amended. (Amend. No. 73.) To printer.

  10. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  11. From committee: Amend, and do pass as amended.

  12. To committee.

  13. Read first time.

  14. From printer.

  15. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 25?
AB 25 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 25?
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
Where can I track AB 25?
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