Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB23 72 Amendment No.
23–Committee72 onAssembly JudiciaryAmendment CHAPTER..........to Assembly Bill No.
23 (BDR 14-291) Proposed by:
Assembly Committee on Judiciary Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
DAN/BAW - Date:
4/5/2021 A.B.
No.
23—Revises provisions regarding the procedure to commit an incompetent criminal defendant.
(BDR 14-291) Page 1 of 5 *A_AB23_72* Assembly Amendment No.
72 to Assembly Bill No.
23 Page 3 ASSEMBLY B ILLNO.
23–COMMITTEE ON JUDICIARY (ON B EHALF OF THD IVISION OPUBLIC AND BEHAVIORAL H EALTH OF THED EPARTMENT OF HEALTH AND H UMAN SERVICES) P REFILEDNOVEMBER 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 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 thetothe 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 defendant at least 3 judicial days before complete the comprehensivehearing. 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) complete the comprehensive risk assessment [in a reasonable time] within 40 calendar days after the request for the assessment is [made;] received, unless the court grants an extension for good cause shown;
EXPLANATIONAssembly –Amendment MatterNo. in bolded italics is new;
matter72 between brackets [omitted material] is material to beAssembly omitted.Bill No.
23 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date -on 81stwhich Sessionthe (2021)prosecuting –attorney 2files –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.
The Division shall [provide the requested] , except as otherwise provided in this subsection, complete the comprehensive risk assessment [in a reasonable period] within 40 calendar days after receipt of the request and provide the comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person .
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 a3.orAt a forensichearing facility,held pursuant to subsection [1,] 2, if the court shallfinds dismissby clear and convincing evidence that the motion.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:
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:
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.
eligibility5. 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;
(h)Assembly ResidentialAmendment burglaryNo. with a deadly weapon pursuant to NRS 205.060;
(i)72 Invasion of the home with a deadly weapon pursuant to NRS(j)Assembly AnyBill categoryNo. B felony involving the use of a firearm;
23 Page 5 (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;
~~~~~ 21 - 81st Session (2021)