Rule 1.44 - [Effective 6/25/2024] Civil commitments and hearing masters; duties of the Division of Public and Behavioral Health; duties of counsel(a) The provisions of this rule apply to all court-ordered admissions of any person alleged to be in a mental health crisis.(b) Unless otherwise ordered by the chief judge, or the district judge assigned by the chief judge, civil commitment hearings must be conducted by the civil commitment hearing master. The compensation of the master must not be taxed against the parties, but when fixed by the chief judge, must be paid out of appropriations made for the expenses of the court. Every master must be in good standing as a member of the State Bar of Nevada.(c) The civil commitment hearing master may conduct formal court hearings at the hospital or wherever is most convenient to the master and the person alleged to be in a mental health crisis. The master has the authority to swear witnesses, take evidence, appoint independent medical evaluators, evaluate competency, recommend guardians, and conduct all other matters relating to the involuntary commitment proceeding. All proceedings must be recorded or transcribed by a duly appointed court recorder or reporter as provided by law.(d) Not less than 24 hours before the time set for a commitment hearing, the Administrator of the Public and Behavioral Health Division, or the administrator's designee, must examine each person alleged to be in a mental health crisis and prepare, for presentation at the hearing, a report designating which facilities are available together with a recommendation of the least restrictive environment suitable to the patient's needs. At the time of the hearing, the person alleged to be in a mental health crisis must not be so under the influence of or so suffer the effects of drugs, medication, or other treatment as to be hampered in preparing for or participating in the hearing, and a record of all drugs, medication, or other treatment that the person has received during the 72 hours immediately prior to the hearing must be presented to the master.(e) The Clark County Public Defender's Office must furnish counsel for all persons alleged to be in a mental health crisis not otherwise represented by an attorney.(1) Prior to the hearing, the public defender or the attorney for the person alleged to be in a mental health crisis must interview the person, explain to the person their rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, and the alternative of becoming a voluntary patient. The public defender must also explain that the person can obtain counsel at the person's own expense.(2) Prior to the hearing, the person's attorney must review the commitment petition, evaluation reports, the patient's medical records, and the list of alternatives to court-ordered treatment.(f) At the conclusion of each hearing, a copy of the written recommendation of the hearing master must be given to the person, the person's counsel, and the district attorney. Not later than 5:00 p.m. on the day the hearing concludes, the hearing master's recommendation must be submitted to the chief judge or the district judge assigned by the judge.(g) Objections to the master's recommendation must be made to the chief judge or the district judge assigned by the chief judge at the time the report is submitted or at such other time as the chief judge or the district judge assigned by the chief judge may prescribe. The chief judge or the district judge assigned by the chief judge may require oral objections to be reduced to writing.(h) After reviewing the master's recommendation and any objection thereto, the chief judge or the district judge assigned by the chief judge must:(1) Approve the same and order the recommended disposition;(2) Reject the recommendation and order such relief as may be appropriate; or(i) All rehearings of matters heard before the master must be before the chief judge or the district judge assigned by the chief judge and must be conducted de novo.(j) No recommendation of a master will become effective until expressly approved by the chief judge or the district judge assigned by the chief judge.Nev. R. Prac. Eight Jud. Dist. Ct. 1.44
Amended effective 3/1/2016; amended effective 1/1/2020; amended April 26, 2024, effective 6/25/2024.