Nevada § 175.539 - Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Public and Behavioral Health

§ 175.539. Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Public and Behavioral Health

1. Where on a trial a defense of insanity is interposed by the defendant and the defendant

is acquitted by reason of that defense, the finding of the jury pending the judicial

determination pursuant to subsection 2 has the same effect as if the defendant were

regularly adjudged insane, and the judge must: (a) Order a peace officer to take the person into protective custody and transport

the person to a forensic facility for detention pending a hearing to determine the

person's mental health; (b) Order the examination of the person by two psychiatrists, two psychologists, or

one psychiatrist and one psychologist who are employed by a division facility; and (c) At a hearing in open court, receive the report of the examining advisers and allow

counsel for the State and for the person to examine the advisers, introduce other

evidence and cross-examine witnesses. 2. If the court finds, after the hearing: (a) That there is not clear and convincing evidence that the person is a person with

mental illness, the court must order the person's discharge; or (b) That there is clear and convincing evidence that the person is a person with mental

illness, the court must order that the person be committed to the custody of the Administrator

of the Division of Public and Behavioral Health of the Department of Health and Human

Services until the person is discharged or conditionally released therefrom in accordance

with NRS 178.467 to 178.471 , inclusive. The court shall issue its finding within 90 days after the defendant is acquitted. 3. The Administrator shall make the reports and the court shall proceed in the manner

provided in NRS 178.467 to 178.471 , inclusive. 4. If the court accepts a verdict acquitting a defendant by reason of insanity pursuant

to this section, the court shall cause, within 5 business days after accepting the

verdict, on a form prescribed by the Department of Public Safety, a record of that

verdict to be transmitted to the Central Repository for Nevada Records of Criminal

History, along with a statement indicating that the record is being transmitted for

inclusion in each appropriate database of the National Instant Criminal Background

Check System. 5. As used in this section, unless the context otherwise requires: (a) “ Division facility ” has the meaning ascribed to it in NRS 433.094 . (b) “ Forensic facility ” means a secure facility of the Division of Public and Behavioral Health of the Department

of Health and Human Services or unit thereof, designated by the Division as appropriate

for the evaluation and treatment of offenders and defendants with mental disorders

as defined in NRS 178.3985 . The term includes, without limitation, Lakes Crossing Center. (c) “ National Instant Criminal Background Check System ” has the meaning ascribed to it in NRS 179A.062 . (d) “ Person with mental illness ” has the meaning ascribed to it in NRS 178.3986 .