178.464 - Procedure when defendant violates conditions of release; hearing to determine whether to continue, modify or terminate conditional release.
178.464 Procedure when defendant violates conditions of release; hearing to determine whether to continue, modify or terminate conditional release.
1. The Division shall notify the court which ordered the commitment of the person pursuant to NRS 178.461 if the person violates a condition of the release from commitment.
2. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.
3. After consulting with the persons required by subsection 2 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection 4. If the court issues such an order, the court must:
(a) Order the sheriff to take the person:
(1) Into protective custody and transport the person to a forensic facility; or
(2) To a jail where the person must remain in protective custody; and
(b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.
4. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 3, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.
(Added to NRS by 2007, 1778; A 2009, 117)