Juvenile Justice
Research Division | April 1, 2016
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Research Division, Nevada Legislative Counsel BureauPOLICY AND PROGRAM REPORTJuvenile JusticeApril2016The juvenile justice systemapplies to children who are not old enough to be held responsibleas adultsfor criminal acts. In Nevada, “child” generally means a person who is under 18 years of age, withcertain qualifications and exceptions discussedbelow.In 2003, the Legislature declared that children subject to juvenile court jurisdiction must receive care and guidance, preferably in their own home, conducive to the children’s welfare and the State’s interestsand,when a child is removed from parental control, the court must secure an equivalent or nearly equivalent level of care. The Legislature also statedthat one of the purposes of juvenilejusticelaws is to promote programs designed to prevent children from becoming subject to juvenile court jurisdiction.The Nevada Supreme Court has ruled that constitutional and statutory provisions related to criminal procedure are not applicable to proceedings in juvenile court, which are not criminal in nature, and that jury trials are not required in juvenile court.Nevada has entered intothe Interstate Compact for Juveniles, which promotes cooperative efforts and mutual assistance among states related to juvenile offenders who have run away from home and have left their state of residence.JUVENILE COURTSNevada’s district courts have jurisdiction over juvenile justice and, when exercising that jurisdiction, are known as “juvenile courts.” Juvenile court expenses are charged to the county, except for expenses related to State juvenile detention facilities.The county is entitled to reimbursement from the parent or guardian of a child who becomes subject to juvenile court jurisdiction and receives ancillary medical, psychiatric, psychological, or transportation services. TABLE OF CONTENTSJuvenile Courts.......................................1Juvenile Procedure..................................4Initial Custody and Detention...................4Complaint and Petition...........................5Informal Supervision.............................5Supervision and Consent Decree...............5Rights of Children.................................5Juvenile Competency.............................5Rights of Parents and Guardians...............6Disposition of Cases..............................6Confidentiality.....................................8Youth Parole.......................................8Juvenile Probation...................................9Juvenile Sex Offenders.............................9Facilities for Juvenile Detention...................9Activities During the 2015-2016Interim........9Sources of Additional Information...............10State Contact Information.........................11Research Staff Contacts............................11
Justice SystemResearch Division, Legislative Counsel BureauPolicy and Program Report, April20162In general, the juvenile court has jurisdiction over a child who is alleged or adjudicated to be in need of supervision, to have committed a delinquent act, or to be in need of commitment to an institution for the intellectually disabled. For the purposes of juvenile justice, a “child” is a person who is between 10 and18 years of age,is less than 21 years of age and is subject to juvenile court jurisdiction for an unlawful act committed before the age of 18,oris subject to the jurisdiction of the juvenile court as a juvenile sex offender.Additionally, a child aged 8 and oldermay be charged with the crimes of murder or a sexual offense under certain circumstances. A “child in need of supervision” is one whois habitually truant from school; habitually disobeys the reasonable demands of a parent or guardian; runs away from home and is in need of care or rehabilitation; or violates a county or municipal ordinance related to curfews, loitering, or tobacco products. A child in need of supervision is not considered a delinquent child.A “delinquent”child is one who violates a county or municipal ordinance other than those specified above, violates a regulation or rule having the force of law, or commits a criminal offense pursuant to State law. There are several situations in which youthoffenders either may or must be handled in the adult rather than the juvenile justice system.•For such serious crimes as murder and attempted murder, the juvenile court has no jurisdiction over a child who was 16 years of age or older when the crime was committed, thusthe district court handles these cases.•Achild who is accused of committing murder or attempted murder at the age of 13 or older may be certified and tried as an adult upon a motion by the district attorney and after a full investigation and hearing by the court.•Again upon the motion of the district attorney and after an investigation and hearing, the juvenile court may transfer certain cases involving children who were 14 years of age or older at the time of their crimes, usually felonies, to adult court. This process is known as “presumptive certification.” •Upon the motion of the district attorney and after an investigation and hearing, the juvenile court may transfer other types of cases.•If a child is charged with a minor traffic offense, the juvenile court may transfer the case to justice or municipal court, with some restrictions. The following table provides additional details on situations in which adult courts handle youthoffenders.
Juvenile JusticeResearch Division, Legislative Counsel BureauPolicy and Program Report, April20163CrimeAge of ChildWho Has Jurisdiction?ProcessMurder, attempted murder16 years or older13-16years8-12 yearsAdult courtAdult court, if certified as an adult by the juvenile court Juvenile court Nevada Revised Statutes(NRS)62B.330,62B.390, 194.010Sexual assault or attempted sexual assault involving use or threat of force or violence16 years or older at time of offense Adult court, if the child was previously adjudicated delinquent for an act that would have been a felony if committed by an adultAutomaticNRS 62B.330Otherwise, adult court, after certification for proceedings as an adult by the juvenile courtNondiscretionaryNRS 62B.3901Offense or attempted offense involving use or threat of use of firearm16 years or older at time of offense Adult court, if the child was previously adjudicated delinquent for an act that would have been a felony if committed by an adultAutomaticNRS 62B.330Otherwise, adult court, after certification for proceedings as an adult by the juvenile courtNondiscretionaryNRS 62B.3902Felony resulting in death or substantial bodily harm committed on school property when pupils or employees present, at an activity sponsored by a school, or on a school bus, with intent to create a great risk of death or severe bodily harm to more than onepersonAnyAdult courtAutomaticNRS 62B.330Category A or B felonyAt least 16 years but less than 18 years when offense committed, but not identified by law enforcement and charged before age of 20years and 3months but less than 21 years, or not identified by law enforcement until reaching 21yearsAdult courtAutomaticNRS 62B.330
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