Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.

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1. If a person is found by a court-martial not guilty by reason of lack of mental responsibility or not guilty only by reason of lack of mental responsibility, the person must be committed to a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.

2. The court-martial must conduct a hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of the hearing must be made to the convening authority having authority to convene a general court-martial for the person.

3. If the court-martial finds by clear and convincing evidence that the person is a person with mental illness, the convening authority having authority to convene a general court-martial for the person shall commit the person to the custody of a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.

4. Except as otherwise provided by law, the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a person committed to the custody of a suitable facility pursuant to this section, except that the convening authority having authority to convene a general court-martial for the person shall be considered the court that ordered the person’s commitment.

(Added to NRS by 2013, 1103)


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