Duties of Division of Mental Health and Developmental Services following finding of incompetence; observation and evaluation of defendant; report to court.
1. The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.
2. The Administrator or his 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 opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The Administrator or his 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 his designee about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the Administrator or his designee shall also include in the report his 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 to society.
3. The report must contain:
(a) The name of the defendant and the county or city to which he may be returned for further court action.
(b) The circumstances under which he was committed to the custody of the Administrator or his designee and the duration of his hospitalization, or the circumstances under which he was ordered to report to the Administrator or his designee as an outpatient.
Last modified: February 25, 2006