Nevada Revised Statutes

Nev. Rev. Stat. § 176.057 (2026)

Effect of finding of guilty but mentally ill or acceptance of such plea

✓ current as of July 2026
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NRS 176.057  Effect of finding of guilty but mentally ill or acceptance of such plea.

      1.  If a defendant is found guilty but mentally ill pursuant to NRS 175.533 or the court accepts the defendant’s plea of guilty but mentally ill entered pursuant to NRS 174.035, and the court finds by a preponderance of the evidence that:

      (a) The defendant is not mentally ill at the time of sentencing, the court shall impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; or

      (b) The defendant is mentally ill at the time of sentencing, the court shall:

             (1) Impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; and

             (2) Include in that sentence an order that the defendant, during the period of confinement or probation, be given or obtain such treatment as is medically indicated for the defendant’s mental illness.

      2.  If the sentence of a defendant includes a period of confinement at a state correctional facility, the Department of Corrections shall separate such a person from the general population of the prison and shall not return the person to that population until a licensed psychiatrist or psychologist employed by the Department finds that the person no longer requires acute mental health care. If the person is returned to the general population, the person must continue to be given or obtain such treatment as is medically indicated for the person’s mental illness.

      (Added to NRS by 2007, 1413)

Administrative Assessments, Fines, Fees, Forfeitures and Community Service

     

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2026 · leading case: Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026).
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). · cites it 18× “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Briones v. Reubart, No. 3:22-cv-00087 (D. Nev. Sept. 13, 2023). · cites it 2× “057 with the 16 understanding that he would be provided acute and long-term mental health treatment for 17 his various mental health diagnoses while in prison, (2) because he has not received this 18 required mental health treatment, he is currently litigating an ancillary civil…”
Nev. Rev. Stat. § 176.057(1): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Nev. Rev. Stat. § 176.057(1)(b): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Nev. Rev. Stat. § 176.057(1)(b)(1): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Nev. Rev. Stat. § 176.057(1)(b)(2): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Nev. Rev. Stat. § 176.057(2): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026). “533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
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