Key Information

Relevant Statutes and Rules

Nev. Rev. Stat. §§ 178.3981 et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

2

Nev. Rev. Stat. Ann. § 178.415(1) (West)

Qualifications of examiners

Psychiatrist or psychologist EXCEPT if misdemeanor court can appoint "a psychiatric social worker, advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or other person who is especially qualified by the Division"

Nev. Rev. Stat. Ann. § 178.415(1) (West)

Examiner must be certified by the Division of Mental Health and Behavioral Services.

Nev. Rev. Stat. Ann. § 178.415(6) (West)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient or outpatient if court finds the defendant is dangerous to him/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,

Outpatient if court finds that the defendant is not dangerous to him/herself or to society and finds that commitment is not required for a determination of the defendant's ability to receive treatment to competency and to attain competence

Nev. Rev. Stat. § 178.425(1), (4)

What is the test for restorability

"no substantial probability of attaining competency in the foreseeable future"

Nev. Rev. Stat. Ann. § 178.425 (West)

What is the procedure after restoration

Administrator must send reports on defendant's competence/incompetence at regular intervals. Upon receiving the report. 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

If defendant is found 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 offense there charged or the pronouncement of judgment, as the case may be."

Nev. Rev. Stat. Ann. §§ 178.450, 178.460 (West)

What is the procedure if there is a finding of unrestorability

If defendant was "released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court where:
(a) The State has a good faith belief, based on articulable facts, that the defendant has attained competency;
(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 defendant was charged, has not lapsed since the date of the alleged offense."

Nev. Rev. Stat. Ann. § 178.425(5) (West)

Upon a finding of unrestorability, "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, [no petition for civil commitment has been filed]. 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."

Nev. Rev. Stat. Ann. § 178.460 (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"the person must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required."

Nev. Rev. Stat. Ann. § 178.460(5) (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Lesser of 10 years or maximum period of incarceration.

Nev. Rev. Stat. Ann. § 178.460(5) (West)