SUMMARY--Requires certain school officials to be notified concerning juveniles who have committed certain sexual offenses and prohibits such juveniles from attending same school as victim under certain circumstances. (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 juveniles; requiring certain school officials to be notified concerning juveniles who have committed certain sexual offenses; prohibiting such juveniles from attending the same school as a victim under certain circumstances; 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 the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2 As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "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.
Sec. 4 "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.
Sec. 5 "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;
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 section.
Sec. 6 "Superintendent" means the superintendent of schools of a county school district.
Sec. 7 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:
(a) Place the child under the supervision of a probation officer until the child is no longer attending a public school or private school within this state.
(b) Except as otherwise provided in sections 9 and 10 of this act, prohibit the child from attending a public school or private school that a victim of the sexual offense is attending.
(c) Order the parents or guardians of the child to inform the probation officer assigned to the child each time the child expects to change the public school or private school that he is attending, not later than 20 days before the expected date of the change.
(d) 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 county school district pursuant to sections 13 to 19, inclusive, of this act.
(e) Inform the parents or guardians of the child of the requirements of sections 2 to 10, inclusive, 13 to 19, inclusive, and 23 to 28, inclusive, of this act.
2. The court may authorize a superintendent or the executive head of a private school who receives notification from a probation officer pursuant to section 8 of this act to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense.
3. The court may not terminate its jurisdiction concerning the child until the child is no longer attending a public school or private school within this state.
Sec. 8 1. If a child has been adjudicated delinquent for a sexual offense, the probation officer assigned to the child shall provide notification that the child has been adjudicated delinquent for a sexual offense 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 assigned to the child is informed by the parents or guardians of the child that the child expects to change the public school or private school he is attending or if the probation officer otherwise becomes aware of such a change, the probation officer shall provide notification that the child has been adjudicated delinquent for a sexual offense 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 committed by the child if the victim is attending a public school or private school within this state.
Sec. 9 1. The court may permit a child who has been adjudicated delinquent for a sexual offense to attend a public school or private school that a victim of the sexual offense is attending if, upon the request of the child, the superintendent or the executive head of the private school:
(a) The 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 parents or guardians of the victim consent, in writing, to the plan;
(c) The superintendent or the executive head of the private school consents, in writing, to the plan; and
(d) The child and the parents or guardians of the child agree, in writing, to comply with the conditions of the plan.
2. As part of an alternative plan of supervision, the court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parents or guardians 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 prosecuting attorney, the victim, the parents or guardians of the victim or the probation officer assigned to the child, the 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 parents or guardians of the child, the prosecuting 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 court may not make the modification without the written consent of the victim and the parents or guardians of the victim. If the court rescinds the alternative plan of supervision, the child is subject to the provisions of sections 2 to 10, inclusive, of this act as if the alternative plan had not existed.
4. Before the court accepts the written consent of the victim and the parents or guardians of the victim pursuant to this section, the court shall inform them of their right to withhold consent and, except as otherwise provided in section 10 of this act, their right to have the child not attend the public school or private school the victim is attending.
Sec. 10 1. If the court does not approve an alternative plan of supervision pursuant to section 9 of this act, for a child who has been adjudicated delinquent for a sexual offense, the superintendent or the executive head of the private school may request that the 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 court shall provide notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim and the parents or guardians of the victim.
4. If the court approves an alternative plan of attendance, the prosecuting attorney, the victim or the parents or guardians of the victim may petition the court to modify or rescind the alternative plan on the basis that the alternative plan:
(a) 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 court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim, the parents or guardians of the victim and the superintendent or the executive head of the private school. If the court rescinds the alternative plan of attendance, the child is subject to the provisions of sections 2 to 10, inclusive, of this act as if the alternative plan had not existed.
Sec. 11 NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. [At] Except as otherwise provided in section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 12 Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 19, inclusive, of this act.
Sec. 13 As used in sections 13 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 14, 15 and 16 of this act have the meanings ascribed to them in those sections.
Sec. 14 "Notification" means a notification which indicates that a child has been adjudicated delinquent for a sexual offense and which is provided by a probation officer pursuant to section 8 of this act.
Sec. 15 "Offender" means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense.
Sec. 16 "Victim" means a child identified in a notification as a victim of a sexual offense committed by the offender.
Sec. 17 1. If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit the offender to attend a public school that a victim is attending unless:
(a) An alternative plan of supervision is approved by the court pursuant to section 9 of this act; or
(b) An alternative plan of attendance is approved by the court pursuant to section 10 of this act.
2. If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:
(a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or
(b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.
3. The superintendent of the school district in which the offender resides shall inform the person with whom he is negotiating that the offender has been adjudicated delinquent for a sexual offense, but the superintendent shall not disclose the name of a victim.
4. An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and
(c) Must be approved by the superintendent of public instruction.
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 public school in the school district in which he resides without violating subsection 1.
Sec. 18 If a school district incurs additional costs for transporting an offender because he is prohibited from attending a public school that a victim is attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to section 7 of this act. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.
Sec. 19 1. A superintendent of a school district who 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 superintendent of a school district or a person who:
(a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and
(b) 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 superintendent or the person acted with gross negligence.
Sec. 20 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 17 and 18 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. 21 NRS 392.350 is hereby amended to read as follows:
392.350 1. [When] Except as otherwise provided in section 18 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. 22 Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 28, inclusive, of this act.
Sec. 23 As used in sections 23 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 24, 25 and 26 of this act have the meanings ascribed to them in those sections.
Sec. 24 "Notification" means a notification which indicates that a child has been adjudicated delinquent for a sexual offense and which is provided by a probation officer pursuant to section 8 of this act.
Sec. 25 "Offender" means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense.
Sec. 26 "Victim" means a child identified in a notification as a victim of a sexual offense committed by the offender.
Sec. 27 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 private school that a victim is attending unless:
1. An alternative plan of supervision is approved by the court pursuant to section 9 of this act; or
2. An alternative plan of attendance is approved by the court pursuant to section 10 of this act.
Sec. 28 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:
(a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and
(b) 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 executive head of the private school or the person acted with gross negligence.
Sec. 29 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.
Sec. 30 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.