Revises provisions relating to records of defendants who have been found incompetent. (BDR 14-293)

2025 Regular Session

Allows the Division of Public and Behavioral Health to obtain medical and mental health records from local jails to evaluate and treat defendants found incompetent, without their c

Chapter 12.

AB 30 (BDR 14-293) — Summary

Status: Chapter 12 (became law upon passage and approval)
Introduced: December 2, 2024
Sponsor: Assembly Committee on Judiciary (on behalf of the Division of Public and Behavioral Health, Department of Health and Human Services)
Affected code: Amends NRS 178.453
Effective: Upon passage and approval (Governor’s signature: May 26, 2025; chaptered May 27, 2025)

Purpose / Intent

The bill is intended to improve the Division of Public and Behavioral Health’s ability to evaluate and treat defendants who have been found incompetent by permitting the Division (through its Administrator or designee) to access relevant records held by local detention facilities. It extends an existing access authority that previously applied to the Department of Corrections to also cover county/city/town jails and similar local facilities.

Key provisions

Amends NRS 178.453 to add authority for the Administrator (or the Administrator’s designee) to request from a local detention facility any records in its possession that may assist in evaluating and treating a defendant who:

previously was detained in or ordered to serve a term at that local detention facility, and
is committed to the Administrator’s custody or ordered to report to the Administrator based on a finding of incompetence (under the statutory provisions referenced: NRS 178.425, 178.460, 178.461, or 178.464).

Requires a local detention facility, unless a court orders otherwise, to provide access to such records for the limited purpose of evaluation and treatment. The scope expressly includes, without limitation, relevant medical and mental health records.

Confirms that no oral or written consent of the defendant is required for the Administrator or designee to obtain records from either the Department of Corrections or a local detention facility under this section.

Defines “local detention facility” as a county, city, or town jail or detention facility; references the existing statutory definition of “Medical Director” (NRS 209.077).

Who is affected

Division of Public and Behavioral Health (Administrator and designees) — gains explicit authority to request local detention records.

Local detention facilities (county/city/town jails) — required to provide access to relevant records upon request, subject to court orders.

Defendants previously detained or incarcerated in local facilities who are later committed to or placed under the Division’s care for incompetency evaluation/treatment — their institutional records (including medical/mental health records) may be accessed without their consent for treatment/evaluation purposes.

Department of Corrections — retains existing obligations to provide records when requested.

Procedural / fiscal notes

Committee reports indicated no fiscal impact on state or local government.

The access is limited in purpose (evaluation and treatment) and is subject to judicial limitation (court may order otherwise).

The bill became law immediately upon the Governor’s approval and is part of the 2025 legislative session enactments (Chapter 12).