Nev. Rev. Stat. § 433A.344

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 433A.344 - Petition for evaluation of recipient of assisted outpatient treatment; conditions for granting of petition
1. A person professionally qualified in the field of psychiatric mental health who is responsible for providing assisted outpatient treatment to a person ordered by a court to receive assisted outpatient treatment pursuant to NRS 433A.343 may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for a prompt evaluation by the professional to determine whether the person is a person in a mental health crisis if:
(a) The person who is the subject of the petition has failed to comply with the plan of assisted outpatient treatment ordered pursuant to NRS 433A.343;
(b) The petitioner has made reasonable efforts to solicit such compliance; and
(c) The failure to comply with the plan of assisted outpatient treatment may cause the person who is the subject of the petition to harm himself or herself or others.
2. A petition pursuant to subsection 1 must set forth:
(a) The specific provisions of the plan of assisted outpatient treatment which the subject of the petition has failed to carry out;
(b) The efforts made by the petitioner to solicit compliance; and
(c) The basis for the petitioner's belief that the failure to comply with the plan of assisted outpatient treatment may cause the subject of the petition to harm himself or herself or others.
3. If the court determines that there is probable cause to believe that the conditions described in paragraphs (a), (b) and (c) of subsection 1 have been satisfied, the court may issue an order requiring a peace officer to take into custody and deliver the person who is the subject of the petition to an appropriate location for a prompt evaluation by the petitioner to determine whether the person is a person in a mental health crisis.
4. As used in this section, "appropriate location" means any location identified by a petitioner but does not include a jail or prison.

NRS 433A.344

Added to NRS by 2021, 3076
Added by 2021, Ch. 481,§20.5, eff. 10/1/2021.