Competency/ Insanity


A person may not be tried or adjudged to punishment for a public offense while incompetent. “Incompetent” means that the person does not have the present ability to: (a) Understand the nature of the criminal charges against the person; (b) Understand the nature and purpose of the court proceedings; or (c) Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding. N.R.S. 178.400

Procedure for competency evaluation and determination; restoration.  N.R.S. 178.400 – 178.4715.   



Special Rules

Juveniles: Juveniles with I/DD in the family court  system must have a report created and an evaluation to determine correct placement.  N.R.S. 62E.160



Death Penalty 

A defendant who is charged with first degree murder and is facing the death penalty may raise the issue of developmental disability – there is then a hearing and examination; if the court finds that the defendant is developmentally disabled, the notice to pursue the death penalty is stricken. N.R.S. 174.098

If a jury imposes the death penalty and no hearing as to I/DD has occurred, the defendant may file a motion to set aside the decision on the grounds of I/DD; there is a hearing as prescribed in N.R.S. 174.098 above.  N.R.S. 175.552.