178.450 - Duties of Administrator or Administrator’s designee following finding of incompetence; observation and evaluation of defendant; report to court.
178.450 Duties of Administrator or Administrator’s designee following finding of incompetence; observation and evaluation of defendant; report to court.
1. The Administrator or the Administrator’s designee shall keep each defendant committed to custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to the Administrator as an outpatient under those sections evaluated periodically.
2. The Administrator or the Administrator’s designee shall report in writing to a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether, in his or her opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against the defendant and, by reason thereof, is able to aid and assist counsel in the defense interposed upon the trial or against the pronouncement of the judgment 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. In all other cases, the initial report must be submitted within 6 months after the order and at 6-month intervals thereafter. If the opinion of the Administrator or the Administrator’s designee is that the defendant is not of sufficient mentality to understand the nature of the charge against the defendant and assist in the defendant’s own defense, the Administrator or the Administrator’s designee shall also include in the report his or her opinion whether:
(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; and
(b) The defendant is at that time a danger to himself or herself or to society.
3. The report must contain:
(a) The name of the defendant and the county or city to which the defendant may be returned for further court action.
(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, or the circumstances under which the defendant was ordered to report to the Administrator or the Administrator’s designee as an outpatient.
[2:292:1955]—(NRS A 1961, 476; 1968, 53; 1973, 93, 252; 1981, 1657; 1991, 1004; 1999, 105; 2001, 1085; 2003, 1948)