AB 550 — Revises provisions governing incompetent criminal defendants. (BDR 14-1120)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 23, 2025) FIRST REPRINT A.B.

550550–Committee Aon SSEMBLYWays Band ILLNMeans O.CHAPTER..........

550–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M AY 5, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing incompetent criminal defendants.

(BDR 14-1120) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ 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 Publicwhether andto Behavioralcommit Health of the Departmentperson ofto Healththe andcustody Human Services.sion of (NRSthe 178.461)Administrator Section 1.5 of this bill limits this authority by allowing the prosecutingDivision attorneyof toPublic fileand suchBehavioral aHealth motionof only if the personDepartment was previously ordered to receive treatment to competency in an attempt to cause the person to attain competency to stand trial or receive pronouncement of judgmentHealth forand aHuman felonyServices. charge that was dismissed.

prosecuting attorney to file such a motion only if the person was previously ordered to receive treatment to competency in an attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment for a felony charge that was dismissed.

Existing law requires a prosecuting attorney who files a motion for a hearing to determine whether to commit a person to the custody of the Administrator toaring to request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility.

(NRS 178.461) Section 1.5 instead requires the prosecuting attorney to include a request for an order directing the Division to complete a comprehensive riskriskde a assessment in the motion for a hearing.

Section 1.5 also:also requires the court to issue an order directing the Division to complete a comprehensive risk assessment not later than 5 judicial days after the date on which the motion is filed.

(1)Existing requireslaw theauthorizes court to the courtDivision determinesor sucha anperson ordercommitted shouldto be issued, the courtcustody mustof file the orderifAdministrator -of *AB550_R1*the –Division 2to –petition not later than 5 judicial days after the datecommitting ofcourt thefor hearing.conditional release.

Section 1 of this bill makes a conforming change to refer to provisions that have been renumbered by section 1.5.

the Administrator of the Division to petition the committing court for conditional release.

and (2) discharge the person from conditional release if, upon review, the courtdanger findsto byhimself clearor andherself convincing evidence that the person no longer poses a that when a person is discharged from conditional release, the State and any of itses agents or employeesothers. are not liable for:

(NRS 178.463) Section 2 of this bill provides that when a person is discharged from conditional release, the State and any of its agents or employees are not liable for:

EXPLANATION – Matter in bolded italics is new;

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

NRS(Deleted 178.460by amendment.) - 83rd Session (2025) – 2 – 178.461 1.NRS 1If the proceedings against a defendant who is herebycharged amendedwith any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to readsubsection as5 follows:of NRS 178.425, and the defendant was previously ordered, pursuant to NRS 178.425, to receive treatment to competency in an attempt to cause the defendant to attain competency to stand trial or receive pronouncement of judgment for any such felony charge that was dismissed, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator .

178.460 1.

If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or the Administrator’s designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

2.

If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

3.

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:

(a) Whether there is 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 (b) Whether the defendant is at that time a danger to himself or herself or to society.

4.

If the judge finds the defendant:

(a) Competent, the judge shall, within 10 days, forward the finding to the prosecuting attorney and counsel for the defendant.

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 for the return of the defendant to that county or city for trial upon the - *AB550_R1* – 3 – offense there charged or the pronouncement of judgment, as the case may be.

(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.

(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 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.

5.