SB 465 — Revises provisions relating to certain criminal defendants. (BDR 14-1119)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 29, 2025) FIRST REPRINT S.B.

465465–Committee SENATEon BILLNFinance OCHAPTER.......... .

465–COMMITTEE ON F INANCE (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 relating to certain criminal defendants.

(BDR 14-1119) 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.

(NRS 178.400) Under existing law, if the courtjudge findsis arequired to commit the defendant incompetentto the custody of the Administrator ofthe the Division of Public and certainBehavioral otherHealth requirementsof arethe met:Department of Health and Human Services or the Administrator’s designee for detention and treatment at a secure facility of the Division;

(1)and the(2) judge is required to commit the defendant tomust thebe custodyheld ofin thesuch Administratorcustody ofuntil the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrator’s designee for detention and treatment at a secure court orders the defendant’s release or until the defendant is returned for trial orheor judgment.

(NRS 178.425) Existing law requires the Administrator of the Division or the Administrator’s designee to periodically evaluate each such defendant and report certain information relating to the competence of the defendant to the court that ordered the defendant committed.

(NRS 178.455) In general, section 4 of this bill revises this procedure by reducing the number of evaluators the Administrator or designee is required to appoint to evaluate the competence of the defendant from three evaluators to two evaluators.

However, if those two evaluators disagreetdisagree from concerning the competence of the defendant, section 4 requires the Administrator or designee to appoint a third evaluator to evaluate the defendant.defeUnder existing law, a court is authorized to include the involuntary administration of medication in an order committing a defendant to the custody of the Division.

-(NRS *SB465_R1*178.425) –Section 23 – Under existing law, a court is authorized to include the involuntary administration of medicationthis inbill anremoves orderthis committingauthorization aand defendant to the custody of instead requires the prosecuting attorney to seek a separate court order for thedthe involuntary administration of psychiatric medication.

EXPLANATION – Matter in bolded italics is new;

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

SectionSections 1.1 and 2.

2.

(Deleted by amendment.) 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’ - 83rd Session (2025) – 2 – 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.

[The] If the treating psychiatrist of the defendant determines that psychiatric medication is necessary to restore the defendant to competency and the defendant refuses to take such medication voluntarily, the prosecuting attorney maymayto seek an order [may include] for the involuntary administration of psychiatric medication [if appropriate for treatment] to [competency.] the defendant.

Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the Administrator or - *SB465_R1* – 3 – 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.

- 83rd Session (2025) – 3 – (b) The State has a compelling interest in bringing charges again;

and (c) The period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendantoffense.t was charged, has not lapsed since the date of the alleged offense. The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.

 The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.

[The] One such appointee must be a member of the treatment team.tea2.

2.If the appointees who conduct the evaluations required by subsection 1 disagree concerning whether the defendant has the present ability to understand the nature of the offense charged and the nature and purpose of the court proceedings or to aid and assist his or her counsel during the court proceedings, the Administrator or the Administrator’s designee shall [also] appoint a third evaluator [who] to evaluate the defendant.

If the appointees who conduct the evaluations required by subsection 1 disagree concerning whether the defendant has the - *SB465_R1* – 4 – present ability to understand the nature of the offense charged and the nature and purpose of the court proceedings or to aid and assist his or her counsel during the court proceedings, the Administrator or the Administrator’s designee shall [also] appoint a third evaluator [who] to evaluate the defendant.

- 83rd Session (2025) – 4 – 4.

[(a)] (1) Understand the nature of the offense charged;

[4.]misdemeanor, 6.the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator or the Administrator’s designee:

In(a) theSend case of a personcopy charged with or convicted of a misdemeanor, the judgereport shall,by uponthe receiptAdministrator ofor the reportAdministrator’s setdesignee forthto inthe NRSprosecuting 178.450attorney fromand theto Administrator or the Administrator’sdefendant’s designee:counsel;

- *SB465_R1* – 5 – (a) Send a copy of the report by the Administrator or the Administrator’s designee to the prosecuting attorney and to the defendant’s counsel;

and (c) Within 10 days after the hearing, if any, or 10 days after the report is sent if no hearing is requested, enter a finding of competence or incompetence in the manner set forth in subsection 4 of Sec.NRS 178.460.

- 83rd Session (2025) – 5 – Sec.

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