176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea. - Nevada Statutes

176.057  Effect of finding of guilty but mentally ill or acceptance of such plea.

      1.  If a defendant is found guilty but mentally ill pursuant to NRS 175.533 or the court accepts the defendant’s plea of guilty but mentally ill entered pursuant to NRS 174.035, and the court finds by a preponderance of the evidence that:

      (a) The defendant is not mentally ill at the time of sentencing, the court shall impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; or

      (b) The defendant is mentally ill at the time of sentencing, the court shall:

             (1) Impose any sentence that the court is authorized to impose upon a defendant who pleads or is found guilty of the same offense; and

             (2) Include in that sentence an order that the defendant, during the period of confinement or probation, be given or obtain such treatment as is medically indicated for the defendant’s mental illness.

      2.  If the sentence of a defendant includes a period of confinement at a state correctional facility, the Department of Corrections shall separate such a person from the general population of the prison and shall not return the person to that population until a licensed psychiatrist or psychologist employed by the Department finds that the person no longer requires acute mental health care. If the person is returned to the general population, the person must continue to be given or obtain such treatment as is medically indicated for the person’s mental illness.

      (Added to NRS by 2007, 1413)