Nevada Code § 178.463

Conditional release of incompetent defendant committed to custody of Administrator: When eligible; annual review of eligibility for discharge from conditional release; immunity from liability; maximum duration
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1. The Division or a person who is
committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which
committed the person for conditional release.
2. A person who is committed to the custody
of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after:
(a) The Division has completed a comprehensive
risk assessment concerning the person;
(b) A decision to release the person from
commitment with conditions imposed by the court in consultation with the
Division has been made based on input from the persons treatment team, the
prosecuting attorney, the counsel for the person and the team that will
supervise the person in the community; and
(c) The court which committed the person has
approved the conditional release.
3. If a person is serving a period of
conditional release pursuant to this section, the court must, at least once
every 12 months, review the eligibility of the defendant for discharge from
conditional release. If, at the conclusion of the review required by this
subsection, the court finds by clear and convincing evidence that the person is
not a danger to himself or herself or others, the court must discharge the
person from conditional release. When a person is discharged from conditional
release pursuant to this subsection, the State and any of its agents or
employees are not liable for any debts or contractual obligations, medical or
otherwise, incurred or damages caused by the actions of the person.
4. The length of the period of conditional
release must not exceed 10 years, including any time that the person has been
committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464 , except that the length of the
period of conditional release may be extended for not more than 5 additional
years if the length of the period of commitment has been extended pursuant to
subsection 7 of NRS 178.461 .

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