WeVote
Log In

Bill

Bill

AB 550

Relating to: the disclosure of certain ingredients in food and providing a penalty. (FE)

2025-2026 Regular Session Introduced by Elijah Behnke and 5 co-sponsors

AB 550 limits prosecutorial power to seek commitment to cases with prior treatment orders, requires court-ordered risk assessments and strict timelines before hearings.

Fiscal estimate received
0
WeVote Research Nonpartisan
Bill Summary · AB 550

AB 550 (BDR 14-1120) — Summary (Chapter 433, 2025)

Status and chronology
- Introduced: February 11, 2025.
- Approved by Governor: June 9, 2025. Enacted as Chapter 433.
- Primary subject: revisions to Nevada statutes governing commitment and conditional release of criminal defendants found incompetent to stand trial.

Purpose and intent
- To refine procedures and timing for seeking commitment of defendants found incompetent with no substantial probability of attaining competency, to ensure risk assessments are completed before placement decisions, and to limit prosecutorial motions to commit to cases where treatment to competency was previously ordered. The bill also clarifies liability when a person is discharged from conditional release.

Key provisions and changes
1. When prosecution may seek commitment
- The prosecuting attorney may file a motion seeking commitment to the custody of the Administrator of the Division of Public and Behavioral Health only if the defendant was previously ordered to receive treatment to competency for the dismissed felony charges.
- The motion must be served on the Division and must include a request for an order directing the Division to complete a comprehensive risk assessment.

  1. Risk assessment — court-directed and timelines

    • Upon filing the motion, the court must, within 5 judicial days, issue an order directing the Division to complete a comprehensive risk assessment.
    • The Division must (absent good cause) complete the assessment within 40 calendar days of the court’s order and provide it to the court, the prosecuting attorney, and defense counsel.
    • The court must hold a hearing on the motion within 10 judicial days after receiving the assessment.

  2. Standard for dismissal and commitment

    • If the defendant was charged with a category A felony (other than murder or sexual assault) or a listed category B felony and the risk assessment indicates forensic-level security is not required, the court must dismiss the motion.
    • At the hearing, the court may commit the person to a forensic facility only if it finds, by clear and convincing evidence, that the person has a mental disorder, is a danger to self or others, and requires the level of security provided by a forensic facility.

  3. Length of commitment and review

    • Commitment generally must not exceed 10 years (including time on conditional release).
    • The court must review eligibility for conditional release at least annually.
    • For persons charged with murder or sexual assault, the Administrator may seek an extension of commitment for up to 5 additional years; extension requires the same clear-and-convincing finding.

  4. Liability on discharge from conditional release

    • When a person is discharged from conditional release, the State and its agents or employees are not liable for: (a) any debts, contractual obligations, or medical expenses incurred by that person; or (b) damages caused by actions of that person.

Who is affected
- Defendants in Nevada charged with category A felonies (and specified category B felonies) who are found incompetent and whose proceedings are dismissed.
- Prosecuting attorneys (limits on when they may file motions to commit).
- Division of Public and Behavioral Health (new, time-sensitive duty to complete court-ordered comprehensive risk assessments).
- Courts (new required timelines and hearing deadlines).
- Forensic facilities and the State (liability protections related to discharged persons).

Procedural/timeline highlights
- Motion must be filed within 10 judicial days after dismissal (per existing provisions).
- Court must issue order for assessment within 5 judicial days of motion filing.
- Division completes assessment within 40 calendar days (unless extended for cause).
- Hearing held within 10 judicial days after court receives assessment.
- Commitment requires clear-and-convincing evidence; maximum ordinary commitment length is 10 years.

Fiscal/administrative notes
- Fiscal note indicates state impact (yes); no effect on local government reported.
- The bill went through several committee amendments (including Assembly Amend. No. 750 and Senate Amend. No. 921) refining the court-order and assessment processes before final enrollment.

Bottom line
AB 550 narrows prosecutorial authority to seek forensic commitment (tying it to prior treatment-to-competency orders), establishes court-directed timing and process for comprehensive risk assessments before commitment hearings, codifies standards for dismissal/commitment, and limits State liability for persons discharged from conditional release.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.