reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 176A - Probation and Suspension of Sentence › NRS 176A.840 - Early discharge.

1. The Division shall petition the court to recommend the early discharge of a person from probation if the person:
(a) Has not violated any condition of probation during the immediately preceding 12 months;
(b) Is current with any fee to defray the costs of his or her supervision charged by the Division pursuant to NRS 213.1076;
(c) Has paid restitution ordered by the court in full or, because of economic hardship that is verified by the Division, has been unable to make restitution as ordered by the court;
(d) Has completed any program of substance use treatment or mental health treatment or a specialty court program as mandated by the court or the Division; and
(e) Has not been convicted of a violent or sexual offense as defined in NRS 202.876, a violation of NRS 200.508 or 205.067 or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section.
2. This section must not be construed to prohibit the court from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.
(Added to NRS by 2019, 4387; A 2023, 712, 2003)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.025 - Appeal to court of appeals or Supreme Court taken on questions of law alone.

The appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the district court can be taken on questions of law alone.
(Added to NRS by 1967, 1444; A 2013, 1759)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.055 - Automatic appeal in certain cases; mandatory review of death sentence by court of appeals or Supreme Court.

1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendant’s counsel, unless the defendant or the defendant’s counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or the defendant’s counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall consider, in a single proceeding, if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) If a court determined that the defendant is not intellectually disabled during a hearing held pursuant to NRS 174.098, whether that determination was correct;
(c) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(d) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(e) Whether the sentence of death is excessive, considering both the crime and the defendant.
3. The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
(Added to NRS by 1967, 1444; A 1977, 1545; 1985, 1597; 1995, 2456; 2003, 770, 1468, 2084; 2013, 688, 1759)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.075 - Appeal to court of appeals or Supreme Court: Notice.

1. Except where appeal is automatic, an appeal from a district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution is taken by filing a notice of appeal with the clerk of the district court. Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty or guilty but mentally ill and who is without counsel, the court shall advise the defendant of the right to appeal, and if the defendant so requests, the clerk shall prepare and file forthwith a notice of appeal on the defendant’s behalf.
3. A notice of appeal must be signed:
(a) By the appellant or appellant’s attorney; or
(b) By the clerk if prepared by the clerk.
(Added to NRS by 1967, 1444; A 1971, 149; 1985, 62; 1995, 2457; 2003, 1469; 2007, 1423; 2013, 1760)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.085 - Effect of appeal by State.

1. An appeal taken by the State shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the State is from an order granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the State until such appeal is heard and a ruling made thereon.
2. If the appeal by the State is from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal the order is reversed, the trial court shall enter judgment against the defendant.
(Added to NRS by 1967, 1444; A 1969, 106)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.115 - Stay of execution upon fine.

A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a Justice Court, district court, the Court of Appeals or by the Supreme Court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the court appealed from, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating the defendant’s assets.
(Added to NRS by 1967, 1445; A 2013, 1760)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.145 - Application for relief pending review.

If application is made to a district court, the Court of Appeals or a justice of the Supreme Court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application shall be upon notice and shall show that:
1. Application to the court below or a judge thereof is not practicable;
2. Application has been made and denied, with the reasons given for the denial; or
3. The action on the application did not afford the relief to which the applicant considers himself or herself to be entitled.
(Added to NRS by 1967, 1445; A 2013, 1760)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.155 - Supervision of appeal.

The supervision and control of the proceedings on appeal shall be in the appellate court from the time the notice of appeal is filed with its clerk, except as otherwise provided in this title. The appellate court may at any time entertain a motion to dismiss the appeal, or for directions to the trial court, or to modify or vacate any order made by the trial court or by any judge or justice of the peace in relation to the prosecution of the appeal, including any order fixing or denying bail.
(Added to NRS by 1967, 1445)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.165 - Preparation of record and papers on appeal.

All appeals from a district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution shall be heard on the original papers and the reporter’s transcript of evidence or proceedings. The form and manner of preparation of the record and of other papers filed may be prescribed by the appellate court of competent jurisdiction, and to the extent not otherwise so prescribed shall conform to the practice in civil cases.
(Added to NRS by 1967, 1445; A 2013, 1760)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.205 - Dismissal by court of appeals or Supreme Court.

The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may, on its own motion or on motion of the respondent, dismiss an appeal:
1. If the appeal is irregular in any substantial particular.
2. If the appellant has failed to comply with the requirements for docketing of the record on appeal or filing briefs, unless for good cause shown an extension is granted.
(Added to NRS by 1967, 1446; A 1985, 63; 2013, 1761)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.215 - Date for argument.

Unless good cause is shown for an earlier hearing, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution shall set the appeal for argument on a date not less than 30 days after the expiration of the time limited for filing briefs and as soon thereafter as the state of the calendar will permit. Preference shall be given to appeals in criminal cases over appeals in civil cases.
(Added to NRS by 1967, 1446; A 2013, 1761)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.225 - Judgment may be affirmed but cannot be reversed without argument.

Judgment of affirmance may be granted without argument, if the appellant fail to appear. But judgment of reversal can only be given upon argument, orally or upon written brief, though the respondent fail to appear.
(Added to NRS by 1967, 1446)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.235 - Number of counsel in argument on appeal.

Upon the argument of the appeal, if the offense is punishable with death, two counsel shall be heard on each side, if they require it. In any other case the Court may, in its discretion, restrict the argument to one counsel on each side.
(Added to NRS by 1967, 1446)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.265 - Determination of appeal.

The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm, or modify the judgment appealed from, and may, if necessary or proper, order a new trial.
(Added to NRS by 1967, 1447; A 2013, 1761)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.275 - Defendant to be discharged on reversal without ordering new trial.

If a judgment against the defendant is reversed, without ordering a new trial, the appellate court of competent jurisdiction shall direct, if the defendant is in custody, that the defendant be discharged therefrom, or if admitted to bail, that the defendant’s bail be exonerated, or if money be deposited instead of bail, that it be refunded to the defendant.
(Added to NRS by 1967, 1447; A 2013, 1761)
2023 Nevada Revised Statutes › Chapter 177 - Appeals and Remedies After Conviction › NRS 177.305 - Jurisdiction of court of appeals or Supreme Court to cease after certificate of judgment remitted.

After the certificate of judgment has been remitted, the appellate court of competent jurisdiction shall have no further jurisdiction of the appeal or of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted.
(Added to NRS by 1967, 1447; A 2013, 1761)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.388 - Presence of defendant.

1. Except as otherwise provided in this title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death:
(a) The defendant’s voluntary absence after the trial has been commenced in the defendant’s presence must not prevent continuing the trial to and including the return of the verdict.
(b) If the defendant was present at the trial through the time the defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill but at the time of sentencing is incarcerated in another jurisdiction, the defendant may waive the right to be present at the sentencing proceedings and agree to be sentenced in this State in his or her absence. The defendant’s waiver is valid only if it is:
(1) Made knowingly, intelligently and voluntarily after consulting with an attorney licensed to practice in this State;
(2) Signed and dated by the defendant and notarized by a notary public or judicial officer;
(3) Signed and dated by the defendant’s attorney after it has been signed by the defendant and notarized; and
(4) Accompanied by a waiver of the issuance and service of a warrant of arrest and all other procedures incidental to extradition proceedings.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year, or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant’s absence, if the court determines that the defendant was fully aware of the applicable constitutional rights when the defendant gave consent.
4. The presence of the defendant is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant during the proceeding. If closed-circuit television is provided for, members of the news media may observe and record the proceeding from both locations unless the court specifically provides otherwise.
5. The defendant’s presence is not required at the settling of jury instructions.
(Added to NRS by 1967, 1450; A 1969, 9; 1987, 2025; 1993, 933; 1995, 2457; 2003, 1470; 2007, 1426; 2015, 307)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.394 - No person to be compelled to be witness against himself or herself in criminal action, or to be unnecessarily restrained.

No person can be compelled, in a criminal action, to be a witness against himself or herself, nor shall a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for the person’s detention to answer the charge.
(Added to NRS by 1967, 1451)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.397 - Assignment of counsel.

Every defendant accused of a misdemeanor for which jail time may be imposed, a gross misdemeanor or a felony and who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment.
(Added to NRS by 1967, 1451; A 2019, 2880)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.3971 - Appointment of defense team for defendant accused of murder of first degree.

If a magistrate or district court appoints an attorney, other than a public defender, to represent a defendant accused of murder of the first degree in a case in which the death penalty is sought, the magistrate or court must appoint a team to defend the accused person that includes:
1. Two attorneys; and
2. Any other person as deemed necessary by the court, upon motion of an attorney representing the defendant.
(Added to NRS by 2003, 443)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.3975 - Order for payment by defendant; remission of payment; disposition of amounts recovered; community service.

1. The court may order a defendant to pay all or any part of the expenses incurred by the county, city or state in providing the defendant with an attorney which are not recovered pursuant to NRS 178.398. The order may be made at the time of or after the appointment of an attorney and may direct the defendant to pay the expenses in installments.
2. The court shall not order a defendant to make such a payment unless the defendant is or will be able to do so. In determining the amount and method of payment, the court shall take account of the financial resources of the defendant and the nature of the burden that payment will impose.
3. A defendant who has been ordered to pay expenses of the defendant’s defense and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which ordered the payment for remission of the payment or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the court may remit all or part of the amount due or modify the method of payment.
4. The money recovered must in each case be paid over to the city, county or public defender’s office which bore the expense and was not reimbursed by another governmental agency.
5. Upon the request of a defendant, if the court finds that the defendant is suitable to perform supervised community service, the court may allow the defendant to pay all or part of any expenses incurred by the county, city or state in providing the defendant with an attorney by performing supervised community service for a reasonable number of hours, the value of which would be commensurate with such expenses incurred. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require a defendant who requests to perform community service to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the defendant performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the defendant performs the community service.
(Added to NRS by 1975, 217; A 1977, 377; 1985, 49; 1995, 500; 2001 Special Session, 135)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.398 - Execution against defendant’s property.

If a defendant for whom an attorney is appointed at public expense on account of indigency has property subject to execution or acquires such property within 6 years after the termination of the attorney’s representation, the court shall determine the value of the legal services provided and shall render judgment for that amount in favor of the state, county or city which furnished the public defender or otherwise paid for the defense.
(Added to NRS by 1977, 338)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.39801 - Collection of fee by certain entities.

1. If a district court orders a defendant to pay for expenses incurred by the county or State in providing the defendant with an attorney pursuant to NRS 178.3975 or makes an execution on the property of the defendant pursuant to NRS 178.398, the district court entering the judgment shall forward to the county treasurer or other office assigned by the county to make collections the information necessary to collect the fee. The county treasurer or other office assigned by the county to make collections is responsible for such collection efforts and has the authority to collect the fee.
2. If the county treasurer or other office assigned by the county to make collections is unable to collect the fee after 60 days, the county treasurer may assign to the Office of the State Controller the responsibility for collection of the fee through a cooperative agreement pursuant to NRS 353.650, so long as the Office of the State Controller is willing and able to make such collection efforts.
3. If the county treasurer and the Office of the State Controller enter into a cooperative agreement pursuant to NRS 353.650, the county treasurer or other county office assigned by the county to make collections shall forward to the Office of the State Controller the necessary information. For purposes of this section, the information necessary to collect the fee shall be considered and limited to:
(a) The name of the defendant;
(b) The date of birth of the defendant;
(c) The social security number of the defendant;
(d) The last known address of the defendant; and
(e) The nature and the amount of money owed by the defendant.
4. If the Office of the State Controller is successful in collecting the fee, the money collected must be returned to the originating county, minus the costs and fees actually incurred in collecting the fee.
5. Any money collected must be paid to the county or state public defender’s office which bore the expense and which was not reimbursed by another governmental agency, pursuant to NRS 178.3975.
6. Any record created pursuant to subsection 3 that contains personal identifying information shall not be considered a public record pursuant to NRS 239.010 and must be treated pursuant to NRS 239.0105.
7. Unless otherwise prohibited by law, the entity responsible for collecting the fee pursuant to this section, has the authority to compromise the amount to be collected for the purpose of satisfying the judgment.
(Added to NRS by 2011, 910)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.39802 - Additional costs and fees for collection.

1. A defendant who owes a fee pursuant to NRS 178.39801, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections, the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fee:
(a) The costs and fees actually incurred in collecting the fee; and
(b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fee assigned to the county treasurer or other office assigned by the county to make collections.
2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fee or $50,000, whichever is less.
(Added to NRS by 2011, 911)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.3981 - Definitions.

As used in NRS 178.3981 to 178.4715, inclusive, unless the context otherwise requires, the words and terms defined in NRS 178.3982 to 178.399, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 1424, 1777; A 2009, 72, 115)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.3985 - "Mental disorder" defined.

"Mental disorder" means a mental illness that results from a psychiatric or neurological disorder that so substantially impairs the mental or emotional functioning of the person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another and includes, without limitation, intellectual disabilities and developmental disabilities.
(Added to NRS by 2007, 1424, 1777; A 2013, 689)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.400 - Incompetent person cannot be tried or adjudged to punishment for public offense.

1. A person may not be tried or adjudged to punishment for a public offense while incompetent.
2. For the purposes of this section, "incompetent" means that the person does not have the present ability to:
(a) Understand the nature of the criminal charges against the person;
(b) Understand the nature and purpose of the court proceedings; or
(c) Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.
[1911 Cr. Prac. § 535; RL § 7385; NCL § 11183]—(NRS A 1981, 1656; 1995, 2458; 2007, 185)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.405 - Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant; notice of suspension to be provided to other departments.

1. Any time after the arrest of a defendant, including, without limitation, proceedings before trial, during trial, when upon conviction the defendant is brought up for judgment or when a defendant who has been placed on probation or whose sentence has been suspended is brought before the court, if doubt arises as to the competence of the defendant, the court shall suspend the proceedings, the trial or the pronouncing of the judgment, as the case may be, until the question of competence is determined.
2. If the proceedings, the trial or the pronouncing of the judgment are suspended, the court must notify any other departments of the court of the suspension in writing. Upon receiving such notice, the other departments of the court shall suspend any other proceedings relating to the defendant until the defendant is determined to be competent.
[1911 Cr. Prac. § 536; A 1919, 416; 1919 RL § 7386; NCL § 11184]—(NRS A 1967, 1449; 1981, 1656; 1991, 1003; 2003, 1018; 2007, 186)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.415 - Appointment of person or persons to examine defendant; hearing; no indictment while court considers competence of defendant; finding.

1. Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall 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, to examine the defendant.
2. Except as otherwise provided in this subsection, at a hearing in open court, the court that orders the examination must receive the report of the examination. If a justice court orders the examination of a defendant who is charged with a gross misdemeanor or felony, the district court must receive the report of the examination.
3. The court that receives the report of the examination shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may:
(a) Introduce other evidence including, without limitation, evidence related to treatment to competency and the possibility of ordering the involuntary administration of medication; and
(b) Cross-examine one another’s witnesses.
4. A prosecuting attorney may not seek an indictment of the defendant for any offense during the period in which the court is considering whether the defendant is competent or incompetent 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. The prosecuting attorney must demonstrate that adequate cause exists for the court to grant leave to seek an indictment on the grounds that the availability or unavailability of a witness, or any other objective factor, significantly impacts the ability of the State to prosecute the matter in the absence of such leave. The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.
5. The court that receives the report of the examination shall then make and enter its finding of competence or incompetence.
6. The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division pursuant to NRS 178.417.
[1911 Cr. Prac. § 538; A 1919, 416; 1919 RL § 7388; NCL § 11186]—(NRS A 1967, 1449; 1968, 52; 1981, 1656; 1991, 1003; 1999, 104; 2003, 1018, 1470, 1947; 2017, 1741, 2996)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.417 - Certification of person who evaluates competency of defendant required.

1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division for that purpose.
2. The Division shall adopt regulations to establish:
(a) Requirements for certification of a person who provides reports and evaluations concerning the competency of a defendant pursuant to this section and NRS 178.400 to 178.460, inclusive;
(b) Reasonable fees for issuing and renewing such certificates; and
(c) Requirements for continuing education for the renewal of a certificate.
3. The fees so collected must be used only to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any other expenses incurred by the Division in carrying out its duties pursuant to this section.
4. The Division shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Division. The Division may enter into a contract with another person, organization or agency to carry out or assist in carrying out the provisions of this subsection.
(Added to NRS by 2003, 1469)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.420 - Procedure on finding defendant competent.

If the court finds that the defendant is competent, the trial must proceed, or judgment may be pronounced, as the case may be.
[1911 Cr. Prac. § 539; A 1919, 416; 1919 RL § 7389; NCL § 11187]—(NRS A 1967, 1450; 1981, 1656; 1991, 1003)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.430 - Commitment of defendant exonerates bail.

The commitment of the defendant, as mentioned in NRS 178.425, shall exonerate any bail the defendant may have given, or shall entitle any person authorized to receive the property of the defendant to a return of any money the defendant may have deposited instead of bail.
[1911 Cr. Prac. § 541; RL § 7391; NCL § 11189]
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.435 - Expenses of examination and transportation are charge against county or city; recovery from estate or relative.

The expenses of the examination and of the transportation of the defendant to and from the custody of the Administrator or the Administrator’s designee are in the first instance chargeable to the county or city from which the defendant has been sent. But the county or city may recover the money from the estate of the defendant, from a relative legally bound to care for the defendant or from the county or city of which the defendant is a resident.
[1911 Cr. Prac. § 543; RL § 7393; NCL § 11191]—(NRS A 1963, 1111; 1968, 52; 1973, 93, 252; 1981, 1657; 1991, 1004; 1999, 105; 2001, 1085)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.440 - Clerk to certify costs to county or city.

The clerk of the court before which an examination has been conducted shall certify the costs to the board of county commissioners or governing body of the city, as appropriate.
[1911 Cr. Prac. § 544; RL § 7394; NCL § 11192]—(NRS A 1969, 10; 1991, 1004)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › 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 hospitalization, 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.453 - Access by Administrator to certain records of defendant within possession of Department of Corrections authorized for purpose of evaluating and treating defendant.

1. The Administrator or the Administrator’s designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or the Administrator’s designee pursuant to NRS 178.425, 178.460, 178.461 or 178.464.
2. Unless otherwise ordered by a court, upon request of the Administrator or the Administrator’s designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the Medical Director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.
3. No oral or written consent of the defendant is required for the Administrator or the Administrator’s designee to obtain access to records from the Department of Corrections pursuant to this section.
4. As used in this section, "Medical Director" has the meaning ascribed to it in NRS 209.077.
(Added to NRS by 2003, 1255; A 2007, 1778; 2017, 358)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.455 - Procedure for evaluating certain defendants following finding of incompetence; report to court; procedure concerning misdemeanants.

1. Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator or the Administrator’s designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to NRS 178.417 to evaluate the defendant. The Administrator or the Administrator’s designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist, must be certified pursuant to NRS 178.417 and must not be a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or the Administrator’s designee shall report to the court in writing his or her specific findings and opinion upon whether the person has the present ability to:
(a) Understand the nature of the offense charged;
(b) Understand the nature and purpose of the court proceedings; and
(c) Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.
2. If the Administrator or the Administrator’s designee finds that the person does not have the present ability pursuant to paragraph (a), (b) or (c) of subsection 1 to understand or to aid and assist counsel during the court proceedings, the Administrator or the Administrator’s designee shall include in the written report the reasons for the finding and whether there is a substantial probability that the person can receive treatment to competency and will attain competency in the foreseeable future.
3. A copy of the report must be:
(a) Maintained by the Administrator or the Administrator’s designee and incorporated in the medical record of the person; and
(b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.
4. In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator or the Administrator’s designee:
(a) Send a copy of the report by the Administrator or the Administrator’s designee to the prosecuting attorney and to the defendant’s counsel;
(b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or the Administrator’s designee or the members of the defendant’s treatment team on the determination of the report; and
(c) Within 10 days after the hearing, if any, or 10 days after the report is sent if no hearing is requested, enter a finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.
[Part 3:292:1955]—(NRS A 1961, 476; 1968, 53; 1971, 252; 1973, 93, 252; 1981, 1658; 1991, 1005; 1993, 554, 2773; 1999, 106; 2001, 1086; 2003, 1471, 1949; 2007, 186)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.463 - Conditional release of incompetent defendant committed to custody of Administrator: When eligible; annual review of eligibility for discharge from conditional release; maximum duration.

1. The Division or a person who is committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which committed the person for conditional release.
2. A person who is committed to the custody of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after:
(a) The Division has completed a comprehensive risk assessment concerning the person;
(b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and
(c) The court which committed the person has approved the conditional release.
3. If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person is not a danger to himself or herself or others, the court must discharge the person from conditional release.
4. The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464, except that the length of the period of conditional release may be extended for not more than 5 additional years if the length of the period of commitment has been extended pursuant to subsection 7 of NRS 178.461.
(Added to NRS by 2007, 1777; A 2009, 117; 2015, 1353; 2017, 3000)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.464 - Procedure when defendant violates condition of release; hearing to determine whether to continue, modify or terminate conditional release.

1. The Division shall notify the court which ordered the commitment of the person pursuant to NRS 178.461 if the person violates a condition of the release from commitment.
2. If a forensic facility supervising a person on conditional release has probable cause to believe the person violated a condition of the release from commitment and is an imminent danger to himself or herself or others, the forensic facility may take the person into protective custody and transport the person to the forensic facility or may request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility. If the forensic facility makes such a request, the law enforcement agency, as soon as practicable after receiving the request, may take the person into protective custody and transport the person to the forensic facility. Except as otherwise provided in this subsection, within 3 days after a person has been taken into protective custody and transported to the forensic facility pursuant to this subsection, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the person. The hearing may be continued not more than 10 days upon agreement by the counsel for the person and the prosecuting attorney.
3. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.
4. If the person on conditional release has not been transported to a forensic facility pursuant to subsection 2, after consulting with the persons required by subsection 3 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection 5. If the court issues such an order, the court must:
(a) Order the sheriff to take the person:
(1) Into protective custody and transport the person to a forensic facility; or
(2) To a jail where the person must remain in protective custody; and
(b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.
5. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 4, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.
6. As used in this section:
(a) "Forensic facility" has the meaning ascribed to it in NRS 175.539.
(b) "Law enforcement agency" means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
(Added to NRS by 2007, 1778; A 2009, 117; 2021, 296)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.467 - Person committed to custody of Administrator: Eligibility for discharge or conditional release; recommitment for failure to comply with conditions.

1. The Administrator or the Administrator’s designee shall keep each person with mental illness committed to his or her custody pursuant to NRS 175.539 under observation.
2. A person committed to the custody of the Administrator pursuant to NRS 175.539 is eligible for:
(a) Discharge from commitment if the person establishes by a preponderance of the evidence that the person would not be a danger, as a result of any mental disorder, to himself or herself or to the person or property of another if discharged; or
(b) Conditional release from commitment if the person establishes by a preponderance of the evidence that the person would not be a danger, as a result of any mental disorder, to himself or herself or to the person or property of another if released from commitment with conditions imposed by the court in consultation with the Division.
3. If a person who is conditionally released from the custody of the Administrator fails to comply with any condition imposed by the court, the court shall issue an order to have the person recommitted to the custody of the Administrator.
(Added to NRS by 2007, 1424)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.469 - Petition for discharge or conditional release by person committed to custody of Administrator.

1. A person committed to the custody of the Administrator pursuant to NRS 175.539 may petition the court for discharge or conditional release not sooner than 1 year after the person is committed to the custody of the Administrator and not more than once each year thereafter.
2. The Division may file a petition for the discharge or conditional release of a person committed to the custody of the Administrator pursuant to NRS 175.539 at any time if the petition is accompanied by an affidavit of a physician or licensed psychologist which states that the mental disorder of the person has improved since the date of the most recent hearing concerning the discharge or conditional release of the person such that the physician or licensed psychologist recommends the discharge or conditional release of the person.
3. A person who is committed to the custody of the Administrator pursuant to NRS 175.539 may apply for discharge or conditional release pursuant to subsection 1 by:
(a) Filing a petition for discharge or conditional release with the court that ordered the person committed pursuant to NRS 175.539; and
(b) Providing a copy of the petition to the Division and the prosecuting attorney.
4. The Division may file a petition for discharge or conditional release pursuant to subsection 2 by:
(a) Filing the petition with the court that ordered the person committed to the custody of the Administrator pursuant to NRS 175.539;
(b) Including with the petition an affidavit of a physician or licensed psychologist pursuant to subsection 2; and
(c) Providing a copy of the petition to the person committed to the custody of the Administrator, the person’s attorney and the prosecuting attorney.
(Added to NRS by 2007, 1425)