[Rev. 11/21/2013 9:16:05 AM--2013]

CHAPTER 62F - JUVENILE SEX OFFENDERS

GENERAL PROVISIONS

NRS 62F.010          District attorney may request hearing after adjudication of delinquency in certain circumstances to determine whether unlawful act was sexually motivated; evidence; juvenile court to enter finding.

NRS 62F.020          Supervision of juvenile sex offender sent from another state.

RESTRICTIONS CONCERNING ATTENDANCE IN SCHOOL

NRS 62F.100          “Sexual offense” defined.

NRS 62F.110          Powers and duties of juvenile court: Supervision of child; restrictions on attendance; parental responsibility; schools may be authorized to inform educational personnel; termination of jurisdiction.

NRS 62F.120          Notification to school concerning adjudication; notification to include name of victim in certain circumstances.

NRS 62F.130          Alternative plan of supervision: Required for attendance at same school as victim; conditions; modification or rescission; victim and parent or guardian of victim to be informed of rights.

NRS 62F.140          Alternative plan of attendance: May be requested when alternative plan of supervision is not approved; requirements; modification or rescission.

NRS 62F.150          Termination of restrictions: Power to request; conditions; notification to school.

COMMUNITY NOTIFICATION

NRS 62F.200          “Sexual offense” defined.

NRS 62F.220          Certain duties of juvenile court with respect to juvenile sex offenders; jurisdiction of juvenile court not terminated until child no longer subject to registration and community notification.

NRS 62F.260          Records not sealed during period of registration and community notification.

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GENERAL PROVISIONS

      NRS 62F.010  District attorney may request hearing after adjudication of delinquency in certain circumstances to determine whether unlawful act was sexually motivated; evidence; juvenile court to enter finding.

      1.  If a child is adjudicated delinquent for an unlawful act that, if committed by an adult, would have constituted kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the juvenile court shall, at the request of the district attorney, conduct a separate hearing to determine whether the act was sexually motivated.

      2.  At the hearing, only evidence concerning the question of whether the unlawful act was sexually motivated may be presented.

      3.  After hearing the evidence, the juvenile court shall determine whether the unlawful act was sexually motivated and shall enter its finding in the record.

      4.  For the purposes of this section, an unlawful act is “sexually motivated” if one of the purposes for which the child committed the unlawful act was the sexual gratification of the child.

      (Added to NRS by 2003, 1077)

      NRS 62F.020  Supervision of juvenile sex offender sent from another state.  If a child is adjudicated delinquent in another state for an act that, if committed by an adult, would be a sexual offense pursuant to the laws of the other state, the other state may send the child to this State to receive care, treatment or rehabilitation in any residential, group or institutional program only if the program in this State ensures that the other state has requested through the Interstate Compact for Juveniles pursuant to chapter 62I of NRS or the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, that courtesy supervision be provided for the child during the period that the child is in this State for care, treatment or rehabilitation.

      (Added to NRS by 2003, 429; A 2005, 413)

RESTRICTIONS CONCERNING ATTENDANCE IN SCHOOL

      NRS 62F.100  “Sexual offense” defined.  As used in NRS 62F.100 to 62F.150, inclusive, unless the context otherwise requires, “sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      4.  Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony;

      5.  Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony;

      6.  Lewdness with a child pursuant to NRS 201.230;

      7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      8.  Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony; or

      9.  An attempt to commit an offense listed in this section, if punishable as a felony.

      (Added to NRS by 2003, 1077; A 2003, 1380)

      NRS 62F.110  Powers and duties of juvenile court: Supervision of child; restrictions on attendance; parental responsibility; schools may be authorized to inform educational personnel; termination of jurisdiction.

      1.  In addition to any other action authorized or required pursuant to the provisions of this title and except as otherwise provided in NRS 62F.150, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult or is adjudicated delinquent for a sexually motivated act, the juvenile court shall:

      (a) Place the child under the supervision of a probation officer or parole officer, as appropriate, for a period of not less than 3 years.

      (b) Except as otherwise provided in NRS 62F.130 and 62F.140, prohibit the child from attending a public school or private school that a victim of the sexual offense or the sexually motivated act is attending for the period ordered by the juvenile court pursuant to paragraph (a).

      (c) Order the parent or guardian of the child to inform the probation officer or parole officer, as appropriate, assigned to the child each time the child expects to change the public school or private school that the child is attending, not later than 20 days before the expected date of the change.

      (d) Order the parent or guardian of the child, to the extent of the financial ability of the parent or guardian, to reimburse all or part of the additional costs of transporting the child, if the costs are incurred by a county school district pursuant to NRS 392.251 to 392.271, inclusive.

      (e) Inform the parent or guardian of the child of the requirements of NRS 62F.100 to 62F.150, inclusive, 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.

      2.  The juvenile court may authorize a superintendent of a county school district or the executive head of a private school who receives notification from a probation officer or parole officer, as appropriate, pursuant to NRS 62F.120 to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act.

      3.  Except as otherwise provided in NRS 62F.150, the juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62F.100 to 62F.150, inclusive, for the period ordered by the juvenile court pursuant to paragraph (a) of subsection 1.

      (Added to NRS by 2003, 1077)

      NRS 62F.120  Notification to school concerning adjudication; notification to include name of victim in certain circumstances.

      1.  If a child has been adjudicated delinquent for a sexual offense or a sexually motivated act, the probation officer or parole officer, as appropriate, assigned to the child shall provide notice that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child resides; or

      (b) If the child is attending a private school within this State, the executive head of the private school.

      2.  If the probation officer or parole officer, as appropriate, assigned to the child is informed by the parent or guardian of the child that the child expects to change the public school or private school that the child is attending or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child is or will be residing; or

      (b) If the child is or will be attending a private school within this State, the executive head of the private school.

      3.  Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if:

      (a) The victim is attending a public school or private school within this State; and

      (b) The parent or guardian of the victim consents, in writing, to the inclusion of the name of the victim in the notification.

      (Added to NRS by 2003, 1078; A 2007, 110)

      NRS 62F.130  Alternative plan of supervision: Required for attendance at same school as victim; conditions; modification or rescission; victim and parent or guardian of victim to be informed of rights.

      1.  The juvenile court may permit a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act to attend a public school or private school that a victim of the sexual offense or the sexually motivated act is attending if, upon the request of the child, the superintendent of the county school district or the executive head of the private school:

      (a) The juvenile court develops and approves an alternative plan of supervision for the child that protects the safety and the interests of the victim;

      (b) The victim and the parent or guardian of the victim consent, in writing, to the plan;

      (c) The superintendent of the county school district or the executive head of the private school consents, in writing, to the plan; and

      (d) The child and the parent or guardian of the child agree, in writing, to comply with the conditions of the plan.

      2.  As part of an alternative plan of supervision, the juvenile court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parent or guardian of the child. The conditions must be designed to protect the safety and the interests of the victim and to ensure that the child complies with the plan.

      3.  Upon its own motion or upon a request from the district attorney, the victim, the parent or guardian of the victim or the probation officer or parole officer, as appropriate, assigned to the child, the juvenile court may modify or rescind the alternative plan of supervision or a condition of the alternative plan after providing notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney and the parties who consented to the alternative plan. If a proposed modification is reasonably likely to increase contact between the victim and the child, the juvenile court may not make the modification without the written consent of the victim and the parent or guardian of the victim. If the juvenile court rescinds the alternative plan of supervision, the child is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, as if the alternative plan had not existed.

      4.  Before the juvenile court accepts the written consent of the victim and the parent or guardian of the victim pursuant to this section, the juvenile court shall inform them of their right to withhold consent and, except as otherwise provided in NRS 62F.140, their right to have the child not attend the public school or private school the victim is attending.

      (Added to NRS by 2003, 1079)

      NRS 62F.140  Alternative plan of attendance: May be requested when alternative plan of supervision is not approved; requirements; modification or rescission.

      1.  If the juvenile court does not approve an alternative plan of supervision pursuant to NRS 62F.130 for a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act, the superintendent of the county school district or the executive head of the private school may request that the juvenile court approve an alternative plan of attendance for the child.

      2.  An alternative plan of attendance:

      (a) Must be designed to prevent contact between the victim and the child during school hours and during extracurricular activities conducted on school grounds; and

      (b) Must not interfere with or alter the schedule of classes or the extracurricular activities of the victim.

      3.  Before approving an alternative plan of attendance, the juvenile court shall provide notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney, the victim and the parent or guardian of the victim.

      4.  If the juvenile court approves an alternative plan of attendance, the district attorney, the victim or the parent or guardian of the victim may petition the juvenile court to modify or rescind the alternative plan on the basis that:

      (a) The alternative plan is not protecting the safety or the interests of the victim; or

      (b) The child or the public school or private school is not complying with the alternative plan.

      5.  Upon receiving a petition to modify or rescind an alternative plan of attendance, the juvenile court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parent or guardian of the child, the district attorney, the victim, the parent or guardian of the victim and the superintendent of the county school district or the executive head of the private school.

      6.  If the juvenile court rescinds the alternative plan of attendance, the child is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, as if the alternative plan had not existed.

      (Added to NRS by 2003, 1079)

      NRS 62F.150  Termination of restrictions: Power to request; conditions; notification to school.

      1.  A probation officer or parole officer, as appropriate, assigned to a child who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, may submit a petition to the juvenile court requesting that the court terminate the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child if:

      (a) At the time the child committed the sexual offense or the sexually motivated act for which the child was adjudicated delinquent, the child and the victim of the sexual offense or sexually motivated act were members of the same family or household;

      (b) The child has complied with the terms and conditions of the child’s probation or parole, including, but not limited to, the completion of any counseling in which the child was ordered to participate;

      (c) The child’s counselor recommends, in writing, that the juvenile court terminate the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child to allow the reunification of the family or household; and

      (d) The victim and the parent or guardian of the victim consent, in writing, to the termination of the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child to allow the reunification of the family or household.

      2.  If the juvenile court grants a petition requested pursuant to this section, the juvenile court shall provide written notice to the public school or private school which the child is attending that the juvenile court has terminated the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to the child.

      (Added to NRS by 2003, 1080)

COMMUNITY NOTIFICATION

      NRS 62F.200  “Sexual offense” defined.

      1.  As used in this section and NRS 62F.220 and 62F.260, unless the context otherwise requires, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (c) Lewdness with a child pursuant to NRS 201.230; or

      (d) An attempt or conspiracy to commit an offense listed in this section.

      2.  The term does not include an offense involving consensual sexual conduct if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      (Added to NRS by 2003, 1080; A 2007, 2773)

      NRS 62F.220  Certain duties of juvenile court with respect to juvenile sex offenders; jurisdiction of juvenile court not terminated until child no longer subject to registration and community notification.

      1.  If a child who is 14 years of age or older is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the juvenile court shall:

      (a) Notify the Central Repository of the adjudication of the child, so the Central Repository may carry out any provisions for registration of the child pursuant to NRS 179D.010 to 179D.550, inclusive; and

      (b) Inform the child and the parent or guardian of the child that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      2.  The juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of this section and NRS 62F.200 and 62F.260 until the child is no longer subject to registration and community notification as a juvenile sex offender pursuant to this section and NRS 62F.200 and 62F.260.

      (Added to NRS by 2003, 1081; A 2007, 2774)

      NRS 62F.260  Records not sealed during period of registration and community notification.  The records relating to a child must not be sealed pursuant to the provisions of NRS 62H.100 to 62H.170, inclusive, while the child is subject to registration and community notification as a juvenile sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

      (Added to NRS by 2003, 1082; A 2007, 2774)