Nevada Revised Statutes 178.417 – Certification of person who evaluates competency of defendant required
1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division for that purpose.
Terms Used In Nevada Revised Statutes 178.417
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. The Division shall adopt regulations to establish:
(a) Requirements for certification of a person who provides reports and evaluations concerning the competency of a defendant pursuant to this section and NRS 178.400 to 178.460, inclusive;
(b) Reasonable fees for issuing and renewing such certificates; and
(c) Requirements for continuing education for the renewal of a certificate.
3. The fees so collected must be used only to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any other expenses incurred by the Division in carrying out its duties pursuant to this section.
4. The Division shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Division. The Division may enter into a contract with another person, organization or agency to carry out or assist in carrying out the provisions of this subsection.