Title 14

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 s…

NRS 178.3972 Prohibition against requiring indigent defendant to pay costs of appointed attorney. A court shall not order a defendant for whom an attorney is appointed at public expense on account of indigency to pay any part of the expenses incurred by the county, city or State …

NRS 178.3975 Order for payment by defendant; remission of payment; disposition of amounts recovered; community service. Repealed. (See chapter 163, Statutes of Nevada 2025, at page 1021.)

NRS 178.398 Execution against defendant’s property. Repealed. (See chapter 163, Statutes of Nevada 2025, at page 1021.)

NRS 178.39801 Collection of fee by certain entities. Repealed. (See chapter 163, Statutes of Nevada 2025, at page 1021.)

NRS 178.39802 Additional costs and fees for collection. Repealed. (See chapter 163, Statutes of Nevada 2025, at page 1021.) INQUIRY INTO COMPETENCE OF DEFENDANT AND PROCEDURE FOLLOWING FINDING OF INCOMPETENCE

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,…

NRS 178.3982 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 2007, 1424)

NRS 178.3983 “Division” defined. “Division” means the Division of Public and Behavioral Health of the Department of Human Services. (Added to NRS by 2007, 1424, 1777; A 2013, 2995)

NRS 178.3984 “Division facility” defined. “Division facility” means a division facility as defined in NRS 433.094 and 435.007. (Added to NRS by 2007, 1424; A 2013, 2995)

NRS 178.39845 “Forensic facility” defined. “Forensic facility” has the meaning ascribed to it in NRS 175.539. (Added to NRS by 2009, 114)

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 we…

NRS 178.3986 “Person with mental illness” defined. “Person with mental illness” means a person who has a mental disorder. (Added to NRS by 2007, 1424)

NRS 178.399 “Treatment to competency” defined. “Treatment to competency” means treatment provided to a defendant to attempt to cause the defendant to attain competency to stand trial or receive pronouncement of judgment. (Added to NRS by 2003, 1947; A 2007, 1427, 1778)

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 p…

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 tri…

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 …

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 178.4…

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; 199…

NRS 178.425 Procedure on finding defendant incompetent; order for involuntary administration of psychiatric medication. 1. If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the de…

NRS 178.426 Establishment and operation of facility for treatment to competency within certain jails or detention facilities; establishment of program for treatment to competency and reintegration at location other than forensic facility. 1. The Administrator may enter into a con…

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 d…

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 …

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 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 17…

NRS 178.453 Access by Administrator to certain records of defendant in possession of Department of Corrections or local detention facility authorized for purpose of evaluating and treating defendant. 1. The Administrator or the Administrator’s designee may request from the Depart…

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 designe…

NRS 178.460 Powers and duties of court following finding of incompetence; limitation on length of commitment. 1. If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or the Administrator’s designee is sent to them…

NRS 178.461 Motion for hearing to determine whether to commit certain incompetent defendants to custody of Administrator; comprehensive risk assessment; dismissal of motion in certain circumstances; length of commitment; review of eligibility for conditional release; procedure fo…

NRS 178.463 Conditional release of incompetent defendant committed to custody of Administrator: When eligible; annual review of eligibility for discharge from conditional release; immunity from liability; maximum duration. 1. The Division or a person who is committed to the custo…

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 …

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 …

NRS 178.468 Hearing to determine eligibility of person committed to custody of Administrator for discharge or conditional release; report by Administrator. 1. Except as otherwise provided in this section, a court must hold a hearing not later than 60 days after: (a) A person is c…

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 th…

NRS 178.471 Effect of conditional release of person committed to custody of Administrator; authority of court over person conditionally released. 1. When a person is conditionally released pursuant to NRS 178.467 to 178.471, inclusive: (a) The State and any of its agents or emplo…

NRS 178.4715 Notification of victims upon discharge, conditional release or escape. 1. If a person is committed to the custody of the Administrator and is subject to the provisions of NRS 178.463 to 178.471, inclusive, a victim of the person may request the Administrator or the A…

NRS 178.472 Computation. In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in…

NRS 178.476 Enlargement. When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion: 1. With or without motion or notice, order the period enlarged if request therefor is made before the expiration of t…

NRS 178.478 Motions; affidavits. 1. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof must be served not later than 5 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For…

NRS 178.482 Additional time after service by mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon the party and the notice or other paper is served by mail, 3 days shall be added to the presc…

NRS 178.483 “Electronic transmission,” “electronically transmit” and “electronically transmitted” defined. As used in NRS 178.483 to 178.548, inclusive, unless the context otherwise requires, “electronic transmission,” “electronically transmit” or “electronically transmitted” mea…

NRS 178.484 Right to bail before conviction; exceptions; specific requirements for certain offenses. 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail. 2. A person arrested for a felony…

NRS 178.4845 Court order prohibiting contact with victim: Request by victim; court required to consider request; notification regarding consequences of violating order; expiration; renewal of order; transmittal of copy of order to Central Repository for Nevada Records of Criminal…

NRS 178.4847 Adoption of administrative order relating to circumstances under which person may be released from custody without pretrial release hearing. A court of competent jurisdiction may adopt an administrative order relating to the circumstances under which a person may be …

NRS 178.4849 Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance; appearance by means of remote communication. 1. Except as otherwise provided in subsection 2 and NRS 178.484 and 178.484…

NRS 178.4851 Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition. 1. Except as otherwise provided in subsection 4, the court shall only impose bail or a condition of release, or both, on a person as it deems to be the lea…