AB 23 — Revises provisions regarding the procedure to commit an incompetent criminal defendant. (BDR 14-291)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

2323–Committee ASSEMBLYon BJudiciary ILLNCHAPTER.......... O.

23–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 regarding the procedure to commit an incompetent criminal defendant.

(BDR 14-291) 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 that if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain category B substantialfelonies probabilitybecause ofthe attainingcourt competencefinds inthat the foreseeabledefendant future,is theincompetent prosecutingwith attorneyno issubstantial authorizedprobability toof fileattaining acompetence motionin with the courtforeseeable forfuture, athe hearing to determine whether to commit the person to the custody of the Administrator of thetheto Division of Public and Behavioral Health of the Department of Health and Human Services.

After the motion is filed, the Division is required to perform a comprehensive risk assessment and provide the assessment to the court, prosecuting attorney and attorney for the hearing.defendant at least 3 judicial days before complete the comprehensive risk assessment within 40 calendar days after the) request for the assessment is received, unless the court grants an extension for good cause shown;

(NRS 178.425, 178.461) This bill requires that the Division:

(1)before complete the comprehensive risk assessment within 40 calendar days after the request for the assessment is received, unless the court grants an extension for good cause shown;

This bill requires the court to hold a - *AB23_R1* – 2 – hearing on the motion within 10 judicial days after receipt of the comprehensive risk assessment by the court.

EXPLANATION – Matter in bolded italics is new;

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

If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on- which81st theSession prosecuting(2021) attorney– files2 the– motion, request from the Division a comprehensive risk assessment which indicates whether the the person requires the level of security provided by a forensic facility.

3.finds by clear and convincing evidence that the person has a mentalrt 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:

At a hearing held pursuant to subsection [1,] 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:

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 - *AB23_R1* – 3 – maximum length of commitment described in subsection 4 or 7 has expired.

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.eligibility of the defendant for conditional release.l review the 6.

At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.

6.

- 81st Session (2021) – 3 – (g) First degree arson pursuant to NRS 205.010;

(i) Invasion of the home with a deadly weapon pursuant to NRSNRS(j) 205.067;Any category B felony involving the use of a firearm;

(j) Any category B felony involving the use of a firearm;

H~~~~~ 21 - *AB23_R1*81st Session (2021)