NRS178.468. 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 committed to the custody of the Administrator pursuant to NRS 175.539; or

      (b) The Division or the person committed to the custody of the Administrator files a petition for discharge or conditional release pursuant to NRS 178.469.

      2.  During the hearing held pursuant to subsection 1, the court shall consider any relevant information that will enable the court to determine whether the person is eligible for discharge or conditional release pursuant to NRS 178.467. The court may postpone the hearing described in this subsection for good cause or upon agreement by the person committed to the custody of the Administrator, the court and the Division.

      3.  Not later than 21 days before the date of the hearing held pursuant to paragraph (a) of subsection 1 and annually thereafter, the Administrator or the Administrator’s designee shall prepare a written report stating whether, in his or her opinion, upon medical consultation, the person who was committed to the custody of the Administrator has recovered from the mental disorder or has improved to such an extent that the person is no longer a person with mental illness and whether or not, in his or her opinion, the person should be discharged or conditionally released. If the Administrator or the Administrator’s designee determines that the person has not recovered from the mental disorder or has not improved to such an extent that the person is no longer a person with mental illness, the Administrator or the Administrator’s designee shall include in the report his or her opinion concerning whether:

      (a) There is a substantial probability that the person may receive treatment and recover from the mental disorder or improve to such an extent that the person is no longer a person with mental illness in the foreseeable future; and

      (b) The person is at that time a danger to himself or herself or to society.

      4.  If the opinion of the Administrator included in the report prepared pursuant to subsection 3 provides that:

      (a) The person committed to custody should not be discharged or conditionally released, the person who is committed may overcome the opinion of the Administrator by proving the elements necessary for discharge or conditional release pursuant to subsection 2 of NRS 178.467 by a preponderance of the evidence.

      (b) The person committed to custody should be discharged or conditionally released, the district attorney may overcome the opinion of the Administrator by proving by a preponderance of the evidence that the person continues to be a person with mental illness.

      5.  Within the period prescribed in subsection 3, the Administrator or the Administrator’s designee shall provide a copy of the report to:

      (a) The person committed to the custody of the Administrator and the person’s attorney;

      (b) The prosecuting attorney; and

      (c) The court.

      (Added to NRS by 2007, 1424)