SUMMARY--Authorizes release of confidential data or information concerning abuse or neglect of child for inclusion in presentence report to district court. (BDR 38-1279)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the protection of children; authorizing the release of confidential data or information concerning the abuse or neglect of a child to the division of parole and probation of the department of motor vehicles and public safety under certain circumstances; requiring that the data or information be included in a presentence report to the district court; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including , without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the [child's welfare;] welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;
(g) The [child's] guardian ad litem [;] of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to NRS 432B.350;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; [or]
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect [.] ; or
(o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court.
2. Any person, except for [the] :
(a) The subject of a report [or a] ;
(b) A district attorney or other law enforcement officer initiating legal proceedings [,] ; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
3. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 2 NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of the presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of the information to be included in the report is solely at the discretion of the division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;
[(f)] (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
[(g)] (h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and
[(h)] (i) Such other information as may be required by the court.
2. The division may include in the report such additional information as it believes will be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 3 This act becomes effective upon passage and approval.