requires two-thirds majority vote (§ 1)                                                                                                                 

                                                                                                  

 

Senate Bill No. 403–Committee on Judiciary

 

(On Behalf of the Department of Administration)

 

March 24, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Requires certification of persons who provide reports or evaluations to courts regarding competency of defendants. (BDR 14‑1245)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 178 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  No person shall provide a report or an evaluation

1-4  concerning the competency of a defendant to stand trial or receive

1-5  pronouncement of judgment pursuant to NRS 178.400 to 178.465,

1-6  inclusive, unless the person is certified by the Division of Mental

1-7  Health and Developmental Services of the Department of Human

1-8  Resources for that purpose.

1-9  2.  The Division of Mental Health and Developmental

1-10  Services shall adopt regulations to establish:

2-1  (a) Requirements for certification of a person who provides

2-2  reports and evaluations concerning the competency of a defendant

2-3  pursuant to NRS 178.400 to 178.465, inclusive;

2-4  (b) Reasonable fees for issuing and renewing such certificates;

2-5  and

2-6  (c) Requirements for continuing education for the renewal of

2-7  a certificate.

2-8  3.  The fees so collected must be used only to:

2-9  (a) Defray the cost of issuing and renewing certificates; and

2-10      (b) Pay any other expenses incurred by the Division of Mental

2-11  Health and Developmental Services in carrying out its duties

2-12  pursuant to this section.

2-13      4.  The Division of Mental Health and Developmental

2-14  Services shall establish and administer examinations to determine

2-15  the eligibility of any person who applies for certification. An

2-16  applicant is entitled to certification upon satisfaction of the

2-17  requirements of the Division of Mental Health and Developmental

2-18  Services. The Division of Mental Health and Developmental

2-19  Services may enter into a contract with another person,

2-20  organization or agency to carry out or assist in carrying out the

2-21  provisions of this subsection.

2-22      Sec. 2.  NRS 178.415 is hereby amended to read as follows:

2-23      178.415  1.  Except as otherwise provided in this subsection,

2-24  the court shall appoint two psychiatrists, two psychologists, or one

2-25  psychiatrist and one psychologist, to examine the defendant. If the

2-26  defendant is accused of a misdemeanor, the court of jurisdiction

2-27  shall appoint a psychiatric social worker, or other person who is

2-28  especially qualified by the Division of Mental Health and

2-29  Developmental Services of the Department of Human Resources, to

2-30  examine the defendant.

2-31      2.  At a hearing in open court, the judge shall receive the report

2-32  of the examination and shall permit counsel for both sides to

2-33  examine the person or persons appointed to examine the defendant.

2-34  The prosecuting attorney and the defendant may introduce other

2-35  evidence and cross-examine one another’s witnesses.

2-36      3.  The court shall then make and enter its finding of

2-37  competence or incompetence.

2-38      4.  The court shall not appoint a person to provide a report or

2-39  an evaluation pursuant to this section, unless the person is

2-40  certified by the Division of Mental Health and Developmental

2-41  Services pursuant to section 1 of this act.

2-42      Sec. 3.  NRS 178.455 is hereby amended to read as follows:

2-43      178.455  1.  Except as otherwise provided for persons charged

2-44  with or convicted of a misdemeanor, the Administrator of the

2-45  Division of Mental Health and Developmental Services of the

3-1  Department of Human Resources or his designee shall appoint a

3-2  licensed psychiatrist and a licensed psychologist from the treatment

3-3  team who is certified pursuant to section 1 of this act to evaluate

3-4  the defendant. The Administrator or his designee shall also appoint a

3-5  third evaluator who must be a licensed psychiatrist or psychologist ,

3-6  must be certified pursuant to section 1of this act and must not be a

3-7  member of the treatment team. Upon the completion of the

3-8  evaluation and treatment of the defendant, the Administrator or his

3-9  designee shall report to the court in writing his specific findings and

3-10  opinion upon:

3-11      (a) Whether the person is of sufficient mentality to understand

3-12  the nature of the offense charged;

3-13      (b) Whether the person is of sufficient mentality to aid and assist

3-14  counsel in the defense of the offense charged, or to show cause why

3-15  judgment should not be pronounced; and

3-16      (c) If the person is not of sufficient mentality pursuant to

3-17  paragraphs (a) and (b) to be placed upon trial or receive

3-18  pronouncement of judgment, whether there is a substantial

3-19  probability that he will attain competency in the foreseeable future.

3-20      2.  A copy of the report must be:

3-21      (a) Maintained by the Administrator of the Division of Mental

3-22  Health and Developmental Services or his designee and

3-23  incorporated in the medical record of the person; and

3-24      (b) Sent to the office of the district attorney and to the counsel

3-25  for the outpatient or person committed.

3-26      3.  In the case of a person charged with or convicted of a

3-27  misdemeanor, the judge shall, upon receipt of the report set forth in

3-28  NRS 178.450 from the Administrator of the Division of Mental

3-29  Health and Developmental Services or his designee:

3-30      (a) Send a copy of the report by the Administrator or his

3-31  designee to the prosecuting attorney and to the defendant’s counsel;

3-32      (b) Hold a hearing, if one is requested within 10 days after the

3-33  report is sent pursuant to paragraph (a), at which the attorneys may

3-34  examine the Administrator or his designee or the members of the

3-35  defendant’s treatment team on the determination of the report; and

3-36      (c) Within 10 days after the hearing, if any, or 20 days after the

3-37  report is sent if no hearing is requested, enter his finding of

3-38  competence or incompetence in the manner set forth in subsection 4

3-39  of NRS 178.460.

3-40      Sec. 4.  The Division of Mental Health and Developmental

3-41  Services of the Department of Human Resources shall adopt

3-42  regulations pursuant to section 1 of this act by not later than

3-43  December 31, 2003, and shall begin administering examinations to

3-44  determine eligibility for certification to provide reports and

3-45  evaluations concerning the competency of a defendant pursuant to

4-1  NRS 178.400 to 178.465, inclusive, but not later than March 1,

4-2  2004.

4-3  Sec. 5.  1.  This section and section 4 of this act become

4-4  effective on July 1, 2003.

4-5  2.  Section 1 of this act becomes effective on July 1, 2003, for

4-6  the purpose of adopting regulations and on July 1, 2004, for all other

4-7  purposes.

4-8  3.  Sections 2 and 3 of this act become effective on July 1,

4-9  2004.

 

4-10  H