All Roll Calls
Yes: 61 • No: 1
NevadaAB55083rd Regular Session (2025)House
AN ACT relating to criminal procedure; revising provisions governing the commitment and release of incompetent criminal defendants; and providing other matters properly relating thereto.
Sponsored By: Assembly Committee on Ways and Means
Signed by Governor
BDR 14-1120
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
Commitment process after serious case dismissal
Beginning July 1, 2025, if a serious felony case is dismissed after a defendant was ordered to competency treatment, the prosecutor can move within 10 judicial days to seek commitment and a risk assessment. The court must order the Division to do a comprehensive risk assessment within 5 judicial days, and the Division must finish in 40 calendar days and share it with the court, prosecutor, and defense. The court must hold a hearing within 10 judicial days after it gets the assessment. For most category A felonies (not murder or sexual assault) and the listed category B felonies, the court must dismiss the motion if the assessment shows the person does not need forensic-level security. If clear and convincing evidence shows a mental disorder, danger to self or others, and need for a forensic facility, the court may order the sheriff to take custody, transport the person, and commit the person to the Administrator until release eligibility or the maximum period ends.
Changes take effect July 1, 2025
The law takes effect on July 1, 2025. It applies to offenses committed on or after that date.
Conditional release rules and reviews
Beginning July 1, 2025, either the Division or the committed person may ask the court for conditional release. Eligibility requires a comprehensive risk assessment, input from the treatment team, the prosecutor, the person’s lawyer, and the community team, and court approval. While a person is committed, the court reviews at least every 12 months whether the person is eligible for conditional release. Time on conditional release plus prior commitment cannot exceed 10 years, unless the underlying commitment was lawfully extended; then up to 5 more years is allowed. If a person is on conditional release, the court reviews discharge at least every 12 months and must discharge if clear and convincing evidence shows the person is not dangerous. After discharge, the State and its employees are not liable for the person’s debts, medical bills, contracts, or damages.
Time limits and extensions on commitment
Beginning July 1, 2025, total commitment time, including any time on conditional release, is capped at 10 years. If the person was charged with murder or sexual assault and is within 6 months of the cap, the Administrator may ask to extend up to 5 more years. The court may extend only after a hearing and clear and convincing proof of ongoing danger and need for a forensic facility. At any extension hearing, the person has a right to a lawyer, and the court must appoint one if they have none.
Sponsors & Cosponsors
Sponsor
Assembly Committee on Ways and Means
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 6/2/2025
Final Passage - Senate (2nd Reprint)
Yes: 21 • No: 0
House vote • 5/26/2025
Final Passage - Assembly (1st Reprint)
Yes: 40 • No: 1
Actions Timeline
Chapter 433.
6/9/2025legislatureApproved by the Governor.
6/9/2025legislatureEnrolled and delivered to Governor.
6/5/2025legislatureSenate Amendment No. 921 concurred in. To enrollment.
6/2/2025HouseIn Assembly.
6/2/2025HouseRead third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.
6/2/2025SenateTaken from General File. Placed on General File for next legislative day.
6/1/2025SenatePlaced on General File.
6/1/2025SenateFrom committee: Do pass.
6/1/2025SenateFrom printer. To re-engrossment. Re-engrossed. Second reprint. To committee.
5/30/2025SenateTaken from General File. Re-refer to Committee on Finance. To printer.
5/29/2025SenateRead second time. Amended. (Amend. No. 921.)
5/29/2025SenatePlaced on Second Reading File.
5/29/2025SenateFrom committee: Amend, and do pass as amended.
5/29/2025SenateRead first time. Referred to Committee on Judiciary. To committee.
5/26/2025SenateIn Senate.
5/26/2025SenateRead third time. Passed, as amended. Title approved. (Yeas: 40, Nays: 1, Excused: 1.) To Senate.
5/26/2025HouseFrom printer. To engrossment. Engrossed. First reprint.
5/26/2025HouseRead second time. Amended. (Amend. No. 750.) To printer.
5/23/2025HousePlaced on Second Reading File.
5/23/2025HouseFrom committee: Amend, and do pass as amended.
5/23/2025HouseFrom printer. To committee.
5/6/2025HouseRead first time. Referred to Committee on Judiciary. To printer.
5/5/2025House
Bill Text
As Enrolled
As Introduced
Reprint 1
Reprint 2
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