Nevada § 433A.220 - Hearing on petition; notice; discharge of person before hearing; notification of court of transfer of subject of petition; additional procedure where subject on conditional release

§ 433A.220. Hearing on petition; notice; discharge of person before hearing; notification of court of transfer of subject of petition; additional procedure where subject on conditional release

1. Immediately after the clerk of the district court receives any petition filed pursuant

to NRS 433A.200 and 433A.210 , the clerk shall transmit the petition to the appropriate district judge, who shall

set a time, date and place for its hearing. The date must be within 6 judicial days after the date on which the petition is

received by the clerk unless otherwise stipulated by an attorney representing the

person alleged to be a person in a mental health crisis and the district attorney. If the Chief Judge, if any, of the district court has assigned a district court

judge or hearing master to preside over such hearings, that judge or hearing master

must preside over the hearing. 2. The court shall give notice of the petition and of the time, date and place of

any proceedings thereon to the subject of the petition, his or her attorney, if known,

the person's legal guardian, the petitioner, the district attorney of the county in

which the court has its principal office, the local office of an agency or organization

that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons in a mental health crisis and the administrative

office of any public or private mental health facility or hospital in which the subject

of the petition is detained. 3. The provisions of this section do not preclude a facility or hospital from discharging

a person before the time set pursuant to this section for the hearing concerning the

person, if appropriate. If the person has a legal guardian, the facility or hospital shall notify the guardian

prior to discharging the person from the facility or hospital. The legal guardian has discretion to determine where the person will be released,

taking into consideration any discharge plan proposed by the facility or hospital

assessment team. If the legal guardian does not inform the facility or hospital as to where the person

will be released within 3 days after the date of notification, the facility or hospital

shall discharge the person according to its proposed discharge plan. Notification of a guardian pursuant to this subsection must be provided: (a) In person or by telephone; or (b) If the mental health facility is not able to contact the guardian in person or

by telephone, by facsimile, electronic mail or certified mail. 4. If the person who is the subject of the petition is currently admitted to a mental

health facility or hospital and is transferred to another mental health facility or

hospital, the petitioner must notify the court before the next scheduled hearing related

to the petition and not more than 24 hours after the transfer. 5. If the person who is the subject of the petition is currently on conditional release

pursuant to NRS 433A.380 : (a) The court may provide information on the conditional release to any public or

private mental health facility or hospital in which the person is receiving treatment;

and (b) The court may, with the consent of the parties, set a hearing before or concurrent

with the hearing scheduled pursuant to subsection 1 to determine whether conditional

release remains appropriate. If the court sets a hearing to resolve the conditional release, the parties may

stipulate to continue the matter of the petition for involuntary court-ordered admission

pending resolution of the conditional release. If the court determines by clear and convincing evidence that conditional release

is no longer appropriate, the court may order the admission of the person to a mental

health facility or hospital pending the resolution of the petition for involuntary

court-ordered admission.