NRS
178.450 Duties of Administrator or Administrator’s designee following
finding of incompetence; observation and evaluation of defendant; report to
court.
1. The Administrator or the
Administrator’s designee shall keep each defendant committed to custody under NRS 178.425 or 178.460 under observation and shall have
each defendant who has been ordered to report to the Administrator as an
outpatient under those sections evaluated periodically.
2. The Administrator or the
Administrator’s 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 or
her opinion, upon medical consultation, the defendant is of sufficient
mentality to be able to understand the nature of the criminal charge against
the defendant and, by reason thereof, is able to aid and assist counsel in the
defense interposed upon the trial or against the pronouncement of the judgment
thereafter. The Administrator or the Administrator’s 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 the Administrator’s designee is that the defendant is not
of sufficient mentality to understand the nature of the charge against the
defendant and assist in the defendant’s own defense, the Administrator or the
Administrator’s designee shall also include in the report his or her 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 herself or to society.
3. The report must contain:
(a) The name of the defendant and the county or
city to which the defendant may be returned for further court action.
(b) The circumstances under which the defendant
was committed to the custody of the Administrator or the Administrator’s
designee and the duration of the defendant’s treatment to competency or the
circumstances under which the defendant was ordered to report to the
Administrator or the Administrator’s designee as an outpatient.
[2:292:1955]—(NRS A 1961,
476; 1968,
53; 1973,
93, 252;
1981,
1657; 1991,
1004; 1999,
105; 2001,
1085; 2003,
1948; 2025,
3120)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2013–2023 · leading case:
State v. Gonzalez (Nev. 2023).
State v. Gonzalez (Nev. 2023).
· cites it 2× “Because of the delay, the Division of Mental Health and Developmental Services of the Department of Human Resources (the Division) notified the district court that its initial competency reports, mandated by NRS 178.450(2), would not be timely submitted.”
State v. Dist. Ct. Ashraf (Farid) (Nev. 2014).
· cites it 2× “SUPREME COURT OF NEVADA 2 (0) 1947A etn findings of the treatment team, NRS 178.450(2); NRS 178.460(1); Fergusen v.”
Ashraf (Farid) v. Dist. Ct. (State) (Nev. 2017).
“425(1); and conduct regular hearings regarding the findings of the treatment team, NRS 178.450(2); NRS 178.460(1); Fergusen v.”
State v. Gonzalez (Nev. 2023).
“Because of the delay, the Division of Mental Health and Developmental Services of the Department of Human Resources (the Division) notified the district court that its initial competency reports, mandated by NRS 178.450(2), would not be timely submitted.”
Hedger (Christopher) v. Dist. Ct. (State) (Nev. 2013).
“Upon referral to Lake's Crossing or outpatient treatment, NRS 178.450(2)(a) directs the administrator or his or her designee to submit a report to the district court including his or her opinion as to whether "[t]here is a substantial probability that the defendant can receive…”
— Nev. Rev. Stat. § 178.450(2) — 4 cases
State v. Gonzalez (Nev. 2023).
“Because of the delay, the Division of Mental Health and Developmental Services of the Department of Human Resources (the Division) notified the district court that its initial competency reports, mandated by NRS 178.450(2), would not be timely submitted.”
Ashraf (Farid) v. Dist. Ct. (State) (Nev. 2017).
“425(1); and conduct regular hearings regarding the findings of the treatment team, NRS 178.450(2); NRS 178.460(1); Fergusen v.”
State v. Gonzalez (Nev. 2023).
“Because of the delay, the Division of Mental Health and Developmental Services of the Department of Human Resources (the Division) notified the district court that its initial competency reports, mandated by NRS 178.450(2), would not be timely submitted.”
— Nev. Rev. Stat. § 178.450(2)(a) — 1 case
Hedger (Christopher) v. Dist. Ct. (State) (Nev. 2013).
“Upon referral to Lake's Crossing or outpatient treatment, NRS 178.450(2)(a) directs the administrator or his or her designee to submit a report to the district court including his or her opinion as to whether "[t]here is a substantial probability that the defendant can receive…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.