NRS433A.323. Failure to participate in program or carry out plan of treatment: Petition and order to take person into custody; evaluation.

      1.  When a person who is involuntarily admitted to a program of community-based or outpatient services fails to participate in the program or otherwise fails to carry out the plan of treatment developed pursuant to NRS 433A.315, despite efforts by the professional responsible for providing or coordinating the program of community-based or outpatient services for the person to solicit the person’s compliance, the professional may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to the appropriate location for an evaluation by an evaluation team from the Division pursuant to NRS 433A.240. The petition must be accompanied by:

      (a) A copy of the order for involuntary admission;

      (b) A copy of the plan of treatment submitted to the court pursuant to NRS 433A.315;

      (c) A list that sets forth the specific provisions of the plan of treatment which the person has failed to carry out; and

      (d) A statement by the petitioner which explains how the person’s failure to participate in the program of community-based or outpatient services or failure to carry out the plan of treatment will likely cause the person to harm himself or herself or others.

      2.  If the court determines that there is probable cause to believe that the person is likely to harm himself or herself or others if the person does not comply with the plan of treatment, the court may issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for an evaluation by an evaluation team from the Division pursuant to NRS 433A.240.

      3.  As used in this section, “appropriate location” does not include a jail or prison.

      (Added to NRS by 2013, 3486)