SUMMARY--Requires juvenile court to notify certain school officials before juvenile sex offender returns to school and prohibits such juvenile from attending same school as victim. (BDR 5-289)
FISCAL NOTE: Effect on Local Government: Yes.
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 juvenile offenders; requiring the juvenile court to notify certain school officials before a juvenile adjudicated delinquent for certain sexual offenses returns to school; prohibiting such a juvenile from attending the same school as a victim; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for committing a sexual offense, the court:
(a) Shall enter an order prohibiting the child from attending a school that a victim of the sexual offense is attending.
(b) Shall provide notification to the board of trustees of the county school district in which the child will reside that the child is a juvenile sex offender and, if the child will be attending a private school within this state, shall provide notification to the executive head of the private school that the child is a juvenile sex offender. Notification provided pursuant to this paragraph must include the name of a victim if the victim is attending a public or private school within this state.
(c) May authorize a board of trustees or the executive head of a private school to notify other appropriate educational personnel that the child is a juvenile sex offender.
(d) Shall order the parents or guardians of the child, to the extent of their financial ability, to reimburse all or part of the additional costs of transporting the child, if such costs are incurred by a board of trustees pursuant to section 5 of this act.
(e) Shall inform the parents or guardians of the child of the requirements of this section and sections 3 to 7, inclusive, and 11 to 14, inclusive, of this act.
2. If the child is ordered to serve a term of confinement in a public or private correctional or institutional facility for the sexual offense, the court may order the facility in which the child is confined to notify a board of trustees or the executive head of a private school of the date the child is to be released from confinement.
3. As used in this section:
(a) "Private school" has the meaning ascribed to it in NRS 394.103, unless the school or educational program is conducted exclusively for children who have been adjudicated delinquent.
(b) "Public school" has the meaning ascribed to it in NRS 385.007, unless the school or educational program is conducted exclusively for children who have been adjudicated delinquent.
(c) "Sexual offense" means an act that, if committed by an adult, would constitute one or more of the following offenses:
(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;
(5) Indecent or obscene exposure pursuant to NRS 201.220;
(6) Lewdness with a child pursuant to NRS 201.230;
(7) Sexual penetration of a dead human body pursuant to NRS 201.450;
(8) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(9) An attempt to commit an offense listed in this paragraph.
Sec. 2 Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.
Sec. 3 As used in sections 3 to 7, inclusive, of this act, unless the context otherwise requires:
1. "Notification" means notification which indicates that a child is a juvenile sex offender, includes the name of a victim of the sexual offense if the victim is attending a public or private school within this state and is received from:
(a) The court pursuant to section 1 of this act;
(b) A board of trustees pursuant to sections 3 to 7, inclusive, of this act; or
(c) The executive head of a private school pursuant to sections 11 to 14, inclusive, of this act.
2. "Offender" means a child identified in a notification as a juvenile sex offender.
3. "Private school" has the meaning ascribed to it in NRS 394.103.
4. "Victim" means a child identified in a notification as a victim of the sexual offense committed by the offender.
Sec. 4 1. If a board of trustees of a school district receives notification and a victim identified in the notification is a pupil in the school district, the board shall not permit the offender to attend the school that the victim is attending.
2. Except as otherwise provided in subsection 3, if the school district in which the offender resides does not have another school in the district for the offender to attend, the board of trustees of that school district shall enter into an agreement with the board of trustees of an adjoining school district within this state for the offender to attend a school in that adjoining school district. The board of trustees of the adjoining school district shall admit the offender. The agreement must comply with the provisions of subsections 2 and 3 of NRS 392.010 and must be approved by the superintendent of public instruction.
3. If the school district in which the offender resides does not have another school in the district for the offender to attend, the board of trustees may enter into an agreement with the board of trustees of an adjoining school district in an adjoining state for the offender to attend a school in that adjoining school district. The agreement must comply with the provisions of subsections 2 and 3 of NRS 392.010 and must be approved by the superintendent of public instruction.
4. Before entering into an agreement pursuant to this section, the board of trustees of the school district in which the offender resides shall provide notification to the board of trustees of the adjoining school district.
5. A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a school in the school district in which he resides without violating subsection 1.
Sec. 5 If a board of trustees incurs additional costs for transporting the offender because he is prohibited from attending a school that a victim is attending, the board is entitled to reimbursement of all or part of those costs from the offender's parents or guardians to the extent ordered by the court pursuant to section 1 of this act. The board or the offender's parents or guardians may petition the court to reconsider the amount of reimbursement ordered by the court.
Sec. 6 1. If the offender leaves the public school he is attending to attend a public school in another school district within this state, the board of trustees of the school district the offender is leaving shall provide notification to the board of trustees of the school district in which the offender will be attending school.
2. If the offender leaves the public school he is attending to attend a private school within this state, the board of trustees of the school district shall provide notification to the executive head of the private school the offender will be attending.
Sec. 7 1. A board of trustees that receives notification shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.
2. A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.
3. A board of trustees or a person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court and who, in good faith, releases or fails to release the name of the offender or the name of a victim is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the board or person acted with gross negligence.
Sec. 8 NRS 392.010 is hereby amended to read as follows:
392.010 Except as to the attendance of a pupil pursuant to NRS 392.015 or a pupil who is ineligible for attendance pursuant to NRS 392.4675 [:] and except as otherwise provided in sections 4 and 5 of this act:
1. The board of trustees of any school district may, with the approval of the superintendent of public instruction:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.
2. With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
(a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 9 NRS 392.350 is hereby amended to read as follows:
392.350 1. [When] Except as otherwise provided in section 5 of this act, if the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $10 per day of attendance at school to assist the parents or guardian in defraying the cost of board, lodging and other subsistence expenses of the pupil to attend a public school in a city or town in this state or in an adjoining state. If the public school is in an adjoining county or state, costs for tuition and subsistence must be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.
2. Payment of money in lieu of furnishing transportation may be made only if:
(a) The guardian or parents have been residents in the area for a period set by the board of trustees; and
(b) The superintendent of public instruction determines that the arrangements comply with regulations of the state board . [of education.]
Sec. 10 Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 14, inclusive, of this act.
Sec. 11 As used in sections 11 to 14, inclusive, of this act, unless the context otherwise requires:
1. "Notification" means notification which indicates that a child is a juvenile sex offender, includes the name of a victim of the sexual offense if the victim is attending a public or private school within this state and is received from:
(a) The court pursuant to section 1 of this act;
(b) A board of trustees pursuant to sections 3 to 7, inclusive, of this act; or
(c) The executive head of a private school pursuant to sections 11 to 14, inclusive, of this act.
2. "Offender" means a child identified in a notification as a juvenile sex offender.
3. "Victim" means a child identified in a notification as the victim of a sexual offense committed by the offender.
Sec. 12 If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, he shall not permit the offender to attend the school that the victim is attending.
Sec. 13 1. If the offender leaves the private school he is attending to attend a public school within this state, the executive head of the private school the offender is leaving shall provide notification to the board of trustees of the school district in which the public school is located.
2. If the offender leaves the private school he is attending to attend another private school within this state, the executive head of the private school the offender is leaving shall provide notification to the executive head of the private school the offender will be attending.
Sec. 14 1. If the executive head of a private school receives notification, he shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.
2. A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.
3. The executive head of a private school or a person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court and who, in good faith, releases or fails to release the name of the offender or the name of a victim is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the board or person acted with gross negligence.
Sec. 15 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.