Nevada § 412.4485 - Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions

§ 412.4485. Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions

1. Unless otherwise stated in this section, in the case of a person determined pursuant

to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715 , inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715 , inclusive, and to the judge of such court, shall be deemed to refer to the convening

authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the

application to the person of the relevant provisions of NRS 178.3981 to 178.4715 , inclusive, the state trial court with felony jurisdiction in the county where the

person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715 , inclusive, as if it were the court that ordered the commitment of the person. 2. When the director of a facility in which a person is hospitalized pursuant to the

actions taken by the convening authority having authority to convene a general court-martial

for that person determines that the person is able to understand the nature of the

proceedings against the person and to conduct or cooperate intelligently in the defense

of the case, the director shall promptly transmit a notification of that determination

to the convening authority having authority to convene a general court-martial for

the person, the person's counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for

not more than 30 days after receiving notification that the person has recovered to

such an extent that the person is able to understand the nature of the proceedings

against the person and to conduct or cooperate intelligently in the defense of the

case. 3. Upon receipt of a notification pursuant to subsection 2, the convening authority

having authority to convene a general court-martial for the person shall promptly

take custody of the person unless the person to which the notification applies is

no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony

jurisdiction in the county where the person is committed or otherwise may be found

may take any action within the authority of that court that the court considers appropriate

regarding the person.