Amendment vs bill Amendment 862 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Assembly Bill No.
Session (83rd) A AB467 R1 862 Amendment No.
467–Assemblymembers Roth and Yeager Joint Sponsor:
862 Assembly Amendment to Assembly Bill No.
Senator Nguyen CHAPTER..........
467 First Reprint (BDR 14-842) Proposed by:
Assembly Committee on Ways and Means Amends:
Summary:
No Title:
Yes 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/EWR - Date:
5/28/2025 A.B.
No.
467—Revises provisions relating to forensic mental health.
(BDR 14-842) Page 1 of 10 *A_AB467_R1_862* Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 3 A SSEMBLY BILL NO.
467–A SSEMBLYMEMBERS R OTH AND Y EAGER M ARCH 17,2025 _______________ JOINTS PONSOR :
ENATOR NGUYEN _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to forensic mental health.
(BDR 14-842) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegiExisting law prohibits a defendant from being tried or judgment pronounced for a public offense while the defendant is incompetent.
Legislative Counsel’s Digest:
Existing law prohibits a defendant from being tried or judgment pronounced for a public offense while the defendant is incompetent.
(NRS 178.405) After a court determines that a defendant is incompetent, existing law requires a judge to order the defendant into the custody Department of Health and Human Services or the Administrator’s designee for treatment at a secure mental health facility of the Division.
(NRS 178.405) After a court determines that a defendant is incompetent, existing law requires a judge to order the defendant into the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrator’s designee for treatment at a secure mental health facility of the Division.
Section 3 additionally authorizes the defendants to competency and the reintegration of such defendants into society at a location other than a forensic facility.
Section 3 additionally authorizes the Administrator to establish a program to provide services for the treatment of defendants to competency and the reintegration of such authorize a court to commit an incompetent defendant to such a facility or program under theis bill same circumstances where the court is authorized to commit an incompetent defendant to a division facility [.] after a clinical review.
Sections 3 and 5 of this bill authorize a court to commit an incompetent defendant to such a facility or program under the same circumstances where the court is authorized to commit an incompetent defendant to a division facility after a clinical review.
Section 9 of this bill requires a defendant who has attained competence after being committed to a facility for the treatment of defendants to Assembly Amendment No.
Section 9 of this bill requires a defendant who has attained competence after being committed to a facility for the treatment of defendants to competency established in a county jail or detention facility or competency and the reintegration of such defendants into society at a location other than a forensic facility to be discharged from the treatment facility within the jail or detention facility or to have his or her services through the program terminated, as applicable.
862 to Assembly Bill No.
467 First Reprint Page 4 competency established in a county jail or detention facility or through a program to provide defendants into society at a location other than a forensic facility to be discharged from the treatment facility within the jail or detention facility or to have his or her services through the program terminated, as applicable.
(NRS 412.196-412.584) Section 4 of this bill applies certain definitions to section required contents of certain periodic reports of the Administrator or thereflect the - 83rd Session (2025) – 2 – Administrator’s designee concerning an incompetent defendant.
(NRS 412.196-412.584) Section 4 of this bill applies certain definitions to section 3.
Section 7 of this bill revises certain terminology to more accurately reflect the required contents of certain periodic reports of the Administrator or the Administrator’s designee concerning an incompetent defendant.
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Existing law authorizes a juvenile court that determines that a child in a case Child and Family Services of the Department to accept and provide services to thef child.
Existing law authorizes a juvenile court that determines that a child in a case before the Services of the Department to accept and provide services to the child.
(NRS 62D.180, 62D.185) If the administrative officer of the facility or the administrative officer’s designee has determined that the treatment available at the facility is not appropriate or necessary for the child, existing law requires the administrative officer or the administrative officer’s designee to assist the court 433B.320) If a court orders a treatment facility to accept and provide services to a child, section 20 of this bill requires the administrative officer of the facility or the administrative officer’s designee to:
(NRS 62D.180,ily 62D.185) If the administrative officer of the facility or the administrative officer’s designee has determined that the treatment available at the facility is not appropriate or necessary for the child, existing law requires the administrative officer or the administrative officer’s designee to assist the court with identifying a facility that has the appropriate or necessary treatment.
(NRS 433B.320) If a court orders a treatment facility to accept and provide services to a child, section 20 of this bill requires the administrative officer of the facility or the administrative officer’s designee to:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in subsection 2 of NRS 178.425, an organization that enters into a contract pursuant to subsection 1 may serve as an Administrator’s designee for the purpose of this section and NRS 178.3981 to 178.4715, inclusive.
[An] Except as otherwise provided in subsection 2 of NRS 178.425, an organization that enters into a contract pursuant to subsection 1 may serve as an Administrator’s designee for the purpose of this section and NRS 178.3981 to 178.4715, inclusive.
- 83rd Session (2025) – 3 – 3.
3.
The services provided through such a safety, the needs of the defendant and the resources available to the defendant.
The services provided through such a program must be developed based on considerations of public safety, the needs of the defendant and the resources available to the defendant.
Sec.
Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 5 Sec.
If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the Administrator or the Administrator’s designee for detention and treatment at a division facility that is secure [.] , a facility for the treatment of defendants to competency established within a county jail or detention facility pursuant to subsection 1 of section 3 of this act or another location to receive services through a program established after a clinical review conducted pursuant to subsection 2.
If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the Administrator or the Administrator’s designee for detention and treatment at a division facility that is secure [.] , a facility for the treatment of defendants to competency established within a county jail or detention facility pursuant to subsection 1 of section 3 of this act or another location to receive services through a program established pursuant to subsection 3 of section 3 of this act [.] , as determined after a clinical review conducted pursuant to subsection 2.
Thed order may include the involuntary administration of medication if appropriate for treatment to competency.
The order may include the involuntary administration of medication if appropriate for treatment to competency.
An organization that enters into a contract with the Administrator - 83rd Session (2025) – 4 – such a review.bsection 1 of section 3 of this act may not perform 3.
An organization that enters into a contract with the Administrator pursuant to subsection 1 of section 3 of this act may not perform such a review.
3.
proceedings against the defendant must be suspended until the, Administrator or the Administrator’s designee or, if the defendant is charged with a misdemeanor, the judge finds the defendant capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.
[4.] 5.
Except as otherwise provided in subsection [5,] 6, proceedings against the defendant must be suspended until the Administrator or the Administrator’s designee or, if the defendant is charged with a misdemeanor, the judge finds the defendant capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.
No new charge arising out of the same circumstances may be brought except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court where:
No new charge arising out of the same circumstances may be brought except upon application by the prosecuting attorney Assembly Amendment No.
(a) The State has a good faith belief, based on articulable facts, tha(b) The State has a compelling interest in bringing charges again;
862 to Assembly Bill No.
467 First Reprint Page 6 to the chief judge of the district court, or his or her designee, and with leave of the court where:
(a) The State has a good faith belief, based on articulable facts, that the defendant has attained competency;
(b) The State has a compelling interest in bringing charges again;
- 83rd Session (2025) – 5 – [6.] 7.
[6.] 7.
If a defendant is found incompetent pursuant to this section, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of that finding to be transmitted to the Central Repository for indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
If a defendant is found incompetent pursuant to this section, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of that finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
The report, in the case of a person charged or convicted of at such a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervals thereafter.
The Administrator or the Administrator’s designee shall submit such a report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervals thereafter.
(a) There is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand - 83rd Session (2025) – 6 – trial or receive pronouncement of judgment in the foreseeable future;
(a) There is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future;
3.
The report must contain:
(b) The circumstances under which the defendant was committed to the custody of the Administrator or the Administrator’s designee and the duration of the defendant’s [hospitalization,] treatment to competency or the circumstances under which the defendant was ordered to report to the Administrator or the Administrator’s designee as an outpatient.
(b) The circumstances under which the defendant was committed to the custody of the Administrator or the Administrator’s designee and the duration of the defendant’s [hospitalization,] treatment to competency or the circumstances Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 7 under which the defendant was ordered to report to the Administrator or the Administrator’s designee as an outpatient.
Within 10 days after the hearing or 10 days after the report is finding of competence or incompetence, and if the judge finds thea defendant to be incompetent:
Within 10 days after the hearing or 10 days after the report is sent, if no hearing is requested, the judge shall make and enter a finding of competence or incompetence, and if the judge finds the defendant to be incompetent:
Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility , if applicable, for the return of the defendant to that county or city for - 83rd Session (2025) – 7 – judgment, as the case may be.
Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility , if applicable, for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.
If the defendant is receivingf treatment to competency through a facility located within the county jail or detention facility pursuant to subsection 1 of NRS 178.425, the judge shall order the defendant discharged from the facility for treatment to competency within the jail or detention facility.
If the defendant is receiving treatment to competency through a facility located within the county jail or detention facility pursuant to subsection 1 of NRS 178.425, the judge shall order the defendant discharged from the facility for treatment to competency within the jail or detention facility.
(b) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is dangerous to himself or herself or to society, the judge shall recommit the medication for the purpose of treatment to competency.
(b) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is dangerous to himself or herself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.
of (c) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is not dangerous to himself or herself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(c) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is not dangerous to himself or herself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or, if the defendant is an outpatient, released from any obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to NRS 178.461 or if, within 10 judicial days, a petition is not filed for the involuntary court-ordered admission of the person to a mental judicial days, the person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the person is committed to the custody of the Administrator pursuant to NRS 178.461 or involuntarily admitted to a mental health facility pursuant to chapter 433A of NRS.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or, if the defendant is an outpatient, released from any obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 8 NRS 178.461 or if, within 10 judicial days, a petition is not filed for the involuntary court-ordered admission of the person to a mental health facility pursuant to NRS 433A.200.
After the initial 10 judicial days, the person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the person is committed to the custody of the Administrator pursuant to NRS 178.461 or involuntarily admitted to a mental health facility pursuant to chapter 433A of NRS.
Except as otherwise provided in subsections 4 and 7 of NRS 178.461, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator or the - 83rd Session (2025) – 8 – incarceration provided for the crime or crimes with which the person is charged or 10 years, whichever period is shorter.
Except as otherwise provided in subsections 4 and 7 of NRS 178.461, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator or the Administrator’s designee longer than the longest period of incarceration provided for the crime or crimes with which the person is charged or 10 years, whichever period is shorter.
If the prosecuting attorney files a motion pursuant to on which the prosecuting attorney files the motion, request from thee Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility.
If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility.
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 a for3.sicAt a hearing held pursuant to subsection 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:
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 a forensic facility, the court shall dismiss the motion.
3.
At a hearing held pursuant to subsection 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 - 83rd Session (2025) – 9 – for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.
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 maximum length of commitment described in subsection 4 or 7 has expired.
Except as otherwise provided in subsection 7, the length of years, including any time that the person has been on conditional release pursuant to NRS 178.463.
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.
6.
Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 9 6.
(b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3, the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.
(a) Was charged with murder or sexual assault;
and (b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,  the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.
Secs.
Sec.
10-12.
10.
(Deleted by amendment.) - 83rd Session (2025) – 10 – 412.4485 1.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
13.
NRS 412.4485 is hereby amended to read as follows:
412.4485 1.
References to the court in NRS 178.3981 to 178.4715, inclusive, and section 3 of this act, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court- martial for that person.
References to the court in NRS 178.3981 to 178.4715, inclusive, and section 3 of this act, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person.
When the director of a facility in which a person is having authority to convene a general court-martial for that personty determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person.
When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person.
The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.
The authority having custody of the person may retain custody of the person for not more than 30 days after receiving Assembly Amendment No.
862 to Assembly Bill No.
467 First Reprint Page 10 notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.
Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court- unless the person to which the notification applies is no longer subject to this Code.
Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code.
Secs.
Sec.
14-19.
14.
(Deleted by amendment.) - 83rd Session (2025) – 11 – Sec.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
16.
(Deleted by amendment.) Sec.
17.
(Deleted by amendment.) Sec.
18.
(Deleted by amendment.) Sec.
19.
(Deleted by amendment.) Sec.
In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, designee shall immediately accept placement of the child at the treatment facility.
In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, [if] the administrative officer or the administrative officer’s designee shall immediately accept placement of the child at the treatment facility.
~~~~~ 25 - 83rd Session (2025)