Nevada § 433A.343 - Findings and order; conditions for order to receive assisted outpatient treatment; alternative courses of treatment; transmittal of record to Central Repository for Nevada Records of Criminal History and law enforcement agencies

§ 433A.343. Findings and order; conditions for order to receive assisted outpatient treatment; alternative courses of treatment; transmittal of record to Central Repository for Nevada Records of Criminal History and law enforcement agencies

1. If the district court finds, after proceedings for the assisted outpatient treatment

of a person: (a) That the person professionally qualified in the field of psychiatric mental health

who made the sworn statement or declaration pursuant to paragraph (b) of subsection

4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is not able to provide treatment to the person who is the subject

of the proceedings in the county where he or she resides or that there is not clear

and convincing evidence that the person who is the subject of the proceedings meets

the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court must enter its finding to that effect and the person must

not be ordered to receive assisted outpatient treatment. (b) That the person professionally qualified in the field of psychiatric mental health

who made the sworn statement or declaration pursuant to paragraph (b) of subsection

4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is able to provide treatment to the person who is the subject of

the proceedings in the county where he or she resides and that there is clear and

convincing evidence that the person who is the subject of the proceedings meets the

criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court may order the person to receive assisted outpatient treatment. The order of the court must be interlocutory and must not become final if, within

30 days after the issuance of the order, the person is unconditionally released pursuant

to NRS 433A.390 . 2. If the district court finds, after proceedings for the assisted outpatient treatment

of a defendant in a criminal proceeding pursuant to subsection 2 of NRS 433A.335 : (a) That the person professionally qualified in the field of psychiatric mental health

who made the sworn statement or declaration pursuant to paragraph (b) of subsection

4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is not able to provide treatment to the defendant in the county where

he or she resides or that there is not clear and convincing evidence that the defendant

meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court must enter its finding to that effect and the defendant

must not be ordered to receive assisted outpatient treatment. (b) That the person professionally qualified in the field of psychiatric mental health

who made the sworn statement or declaration pursuant to paragraph (b) of subsection

4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is able to provide treatment to the defendant in the county where

he or she resides and that there is clear and convincing evidence that the defendant

meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, except as otherwise provided in this paragraph, the court must order

the defendant to receive assisted outpatient treatment and suspend further proceedings

in the criminal proceeding against the defendant until the defendant completes the

treatment or the treatment is terminated. If the offense allegedly committed by the defendant is a category A or B felony

or involved the use or threatened use of force or violence, the court must not order

the defendant to receive assisted outpatient treatment pursuant to this paragraph

unless the prosecuting attorney stipulates to the assignment. The order of the court must be interlocutory and must not become final if, within

30 days after the issuance of the order, the person is unconditionally released pursuant

to NRS 433A.390 . If the defendant successfully completes the assisted outpatient treatment to the

satisfaction of the court, the court must dismiss the criminal charges against the

defendant with prejudice. 3. An order for a person to receive assisted outpatient treatment must: (a) Provide for a period of assisted outpatient treatment that does not exceed 6 months

unless the order is renewed or extended pursuant to NRS 433A.345 ; (b) Specify the services that the person who is to be treated must receive; and (c) Direct the person professionally qualified in the field of psychiatric mental

health who made the sworn statement or declaration pursuant to paragraph (b) of subsection

4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, to provide the services pursuant to paragraph (b) for the duration

of the order. 4. If an order for a person to receive assisted outpatient treatment requires the

administration of medication, the order must state the classes of medication and the

reasons for ordering the medication, which must be based on the proposed written treatment

plan submitted pursuant to NRS 433A.337 . The order may require the person who is to be treated to self-administer the medication

or accept the administration of the medication by a specified person. The court shall not order the use of physical force or restraints to administer

medication. 5. An order for a person to receive assisted outpatient treatment must not prescribe

treatment that is not recommended by the person professionally qualified in the field

of psychiatric mental health who made the sworn statement or declaration pursuant

to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable. 6. If the court issues an order requiring a person to receive assisted outpatient

treatment, the court must, notwithstanding the provisions of NRS 433A.715 , cause, within 5 business days after the order becomes final pursuant to this section,

on a form prescribed by the Department of Public Safety, a record of the order to

be transmitted to: (a) 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; and (b) Each law enforcement agency of this State with which the court has entered into

an agreement for such transmission, along with a statement indicating that the record

is being transmitted for inclusion in each of this State's appropriate databases of

information relating to crimes. 7. A court may periodically review an order for a person to receive assisted outpatient

treatment to determine whether there is an available alternative treatment that is

the least restrictive treatment that is appropriate for the person, is in the best

interest of the person and will not be detrimental to the public welfare. If the court determines that such a treatment is available, the court must amend

the order to require such treatment. 8. As used in this section, “National Instant Criminal Background Check System” has

the meaning ascribed to it in NRS 179A.062 .