Senate Bill No. 197–Senator Wiener
CHAPTER..........
AN ACT relating to juvenile justice; repealing, reenacting, reorganizing and revising certain provisions relating to juvenile justice; reenacting certain penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 5 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 39, inclusive, of this act.
1-4 Sec. 2. As used in this title, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 36,
1-6 inclusive, of this act have the meanings ascribed to them in those
1-7 sections.
1-8 Sec. 3. “Central Repository” means the Central Repository
1-9 for Nevada Records of Criminal History.
1-10 Sec. 4. 1. “Child” means:
1-11 (a) A person who is less than 18 years of age;
1-12 (b) A person who is less than 21 years of age and subject to the
1-13 jurisdiction of the juvenile court for an unlawful act that was
1-14 committed before the person reached 18 years of age; or
1-15 (c) A person who is otherwise subject to the jurisdiction of the
1-16 juvenile court as a juvenile sex offender pursuant to the provisions
1-17 of sections 186 to 192, inclusive, of this act.
1-18 2. The term does not include a person who is excluded from
1-19 the jurisdiction of the juvenile court pursuant to section 47 of this
1-20 act or a person who is certified for criminal proceedings as an
1-21 adult pursuant to section 53 or 54 of this act.
1-22 Sec. 5. “Child in need of supervision” means a child who is
1-23 adjudicated to be in need of supervision pursuant to the provisions
1-24 of this title.
1-25 Sec. 6. “Community notification” means notification of a
1-26 community pursuant to the guidelines and procedures established
1-27 by the Attorney General for juvenile sex offenders pursuant to
1-28 NRS 179D.800.
1-29 Sec. 7. 1. “Community service” means community service
1-30 performed in accordance with section 93 of this act.
1-31 2. The term includes, but is not limited to, public service,
1-32 work on public projects, supervised work for the benefit of the
1-33 community or any other work required by the juvenile court.
1-34 Sec. 8. “Delinquent child” means a child who is adjudicated
1-35 delinquent pursuant to the provisions of this title.
2-1 Sec. 9. “Director of juvenile services” means:
2-2 1. In a judicial district that does not include a county whose
2-3 population is 100,000 or more, the chief probation officer who is
2-4 appointed pursuant to section 63 of this act;
2-5 2. In a judicial district that includes a county whose
2-6 population is 100,000 or more but less than 400,000, the director
2-7 of juvenile services who is appointed pursuant to section 69 of this
2-8 act; or
2-9 3. In a judicial district that includes a county whose
2-10 population is 400,000 or more, the director of the department of
2-11 juvenile justice services who is appointed pursuant to section 77 of
2-12 this act or who is appointed pursuant to sections 82 to 87,
2-13 inclusive, of this act.
2-14 Sec. 10. “Division of Child and Family Services” means the
2-15 Division of Child and Family Services of the Department of
2-16 Human Resources.
2-17 Sec. 11. “Division of Parole and Probation” means the
2-18 Division of Parole and Probation of the Department of Public
2-19 Safety.
2-20 Sec. 12. “Evaluation center” means a facility which is
2-21 approved by the Health Division of the Department of Human
2-22 Resources to provide an evaluation of an offender to a court to
2-23 determine if the offender is an abuser of alcohol or another drug.
2-24 The term includes a facility operated by a court or other
2-25 governmental agency.
2-26 Sec. 13. “Family division” means the family division of the
2-27 district court.
2-28 Sec. 14. “Firearm” means any device designed to be used as
2-29 a weapon from which a projectile may be expelled through the
2-30 barrel by the force of any explosion or other form of combustion.
2-31 Sec. 15. “Guardian” means a person, other than a parent or
2-32 a state or local agency, who is legally responsible for the care,
2-33 custody or support of a child.
2-34 Sec. 16. “Highway” means a street, road, alley or
2-35 thoroughfare of any kind used by the public.
2-36 Sec. 17. “Indian child” has the meaning ascribed to it in 25
2-37 U.S.C. § 1903.
2-38 Sec. 18. “Indian Child Welfare Act” means the Indian Child
2-39 Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.
2-40 Sec. 19. 1. “Juvenile court” means each district judge who
2-41 is assigned to serve as a judge of the juvenile court pursuant to
2-42 section 42 of this act or court rule.
2-43 2. The term includes a master who is performing an act on
2-44 behalf of the juvenile court if:
3-1 (a) The juvenile court delegates authority to the master to
3-2 perform the act in accordance with the Constitution of the State of
3-3 Nevada; and
3-4 (b) The master performs the act within the limits of the
3-5 authority delegated to the master.
3-6 Sec. 20. “Local facility for the detention of children” means
3-7 a local facility for the detention or commitment of children which
3-8 is administered by a county.
3-9 Sec. 21. “Local law enforcement agency” means:
3-10 1. The sheriff’s office of a county;
3-11 2. A metropolitan police department; or
3-12 3. A police department of an incorporated city.
3-13 Sec. 22. “Master of the juvenile court” means a person who
3-14 is appointed to act as a master of the juvenile court pursuant to
3-15 section 43 of this act.
3-16 Sec. 23. “Minor traffic offense” means a violation of any
3-17 state or local law or ordinance governing the operation of a motor
3-18 vehicle upon any highway within this state other than:
3-19 1. A violation of chapter 484 or 706 of NRS that causes the
3-20 death of a person;
3-21 2. A violation of NRS 484.379; or
3-22 3. A violation declared to be a felony.
3-23 Sec. 24. “Parent” means a natural parent, adoptive parent or
3-24 stepparent.
3-25 Sec. 25. “Private school” includes private elementary and
3-26 secondary educational institutions. The term does not include a
3-27 home in which instruction is provided to a child who is excused
3-28 from compulsory attendance pursuant to subsection 1 of NRS
3-29 392.070 or a school or educational program that is conducted
3-30 exclusively for children who have been adjudicated delinquent.
3-31 Sec. 26. “Property” includes real or personal property.
3-32 Sec. 27. “Public school” includes all kindergartens and
3-33 elementary schools, junior high schools and middle schools, high
3-34 schools, charter schools and any other schools, classes and
3-35 educational programs which receive their support through public
3-36 taxation and, except for charter schools, whose textbooks and
3-37 courses of study are under the control of the State Board of
3-38 Education. The term does not include a school or educational
3-39 program that is conducted exclusively for children who have been
3-40 adjudicated delinquent.
3-41 Sec. 28. “Qualified professional” means:
3-42 1. A psychiatrist licensed to practice medicine in this state
3-43 and certified by the American Board of Psychiatry and Neurology,
3-44 Inc.;
3-45 2. A psychologist licensed to practice in this state;
4-1 3. A social worker holding a master’s degree in social work
4-2 and licensed in this state as a clinical social worker;
4-3 4. A registered nurse holding a master’s degree in the field of
4-4 psychiatric nursing and licensed to practice professional nursing
4-5 in this state; or
4-6 5. A marriage and family therapist licensed in this state
4-7 pursuant to chapter 641A of NRS.
4-8 Sec. 29. 1. “Regional facility for the detention of children”
4-9 means a regional facility for the detention or commitment of
4-10 children which is administered by or for the benefit of more than
4-11 one governmental entity.
4-12 2. The term includes, but is not limited to:
4-13 (a) The institution in Clark County known as Spring
4-14 Mountain Youth Camp;
4-15 (b) The institution in Douglas County known as China Spring
4-16 Youth Camp; and
4-17 (c) The institution in Lyon County known as Western Nevada
4-18 Regional Youth Facility.
4-19 3. The term does not include:
4-20 (a) Any local facility for the detention of children; or
4-21 (b) The Nevada Youth Training Center, the Caliente Youth
4-22 Center or any state facility for the detention of children.
4-23 Sec. 30. “Restitution” means restitution ordered by the
4-24 juvenile court pursuant to sections 165 to 169, inclusive, of this
4-25 act.
4-26 Sec. 31. “School bus” includes every motor vehicle owned by
4-27 or under the control of a public or governmental agency or a
4-28 private school and regularly operated for the transportation of
4-29 children to or from school or a school activity or privately owned
4-30 and regularly operated for compensation for the transportation of
4-31 children to or from school or a school activity. The term does not
4-32 include a passenger car operated under a contract to transport
4-33 children to and from school, a common carrier or commercial
4-34 vehicle under the jurisdiction of the Surface Transportation Board
4-35 or the Transportation Services Authority when such a vehicle is
4-36 operated in the regular conduct of its business in interstate or
4-37 intrastate commerce within the State of Nevada.
4-38 Sec. 32. “Seal” means to place the records in a separate file
4-39 or other repository not accessible to the public.
4-40 Sec. 33. “Sexually motivated act” means an unlawful act
4-41 that is determined to be sexually motivated pursuant to section 179
4-42 of this act.
4-43 Sec. 34. 1. “State facility for the detention of children”
4-44 means a state facility for the detention or commitment of children
4-45 which is administered by the State of Nevada.
5-1 2. The term includes, but is not limited to, the Nevada Youth
5-2 Training Center and the Caliente Youth Center.
5-3 Sec. 35. “Treatment facility” means a facility for the
5-4 treatment of abuse of alcohol or drugs that is certified by the
5-5 Health Division of the Department of Human Resources.
5-6 Sec. 36. “Youth Parole Bureau” means the Youth Parole
5-7 Bureau of the Division of Child and Family Services.
5-8 Sec. 37. The Legislature hereby declares that:
5-9 1. This title must be liberally construed to the end that:
5-10 (a) Each child who is subject to the jurisdiction of the juvenile
5-11 court must receive such care, guidance and control, preferably in
5-12 the child’s own home, as will be conducive to the child’s welfare
5-13 and the best interests of this state; and
5-14 (b) When a child is removed from the control of the parent or
5-15 guardian of the child, the juvenile court shall secure for the child
5-16 a level of care which is equivalent as nearly as possible to the care
5-17 that should have been given to the child by the parent or guardian.
5-18 2. One of the purposes of this title is to promote the
5-19 establishment, supervision and implementation of preventive
5-20 programs that are designed to prevent a child from becoming
5-21 subject to the jurisdiction of the juvenile court.
5-22 Sec. 38. Each public officer and agency shall, to the extent
5-23 of the jurisdictional power of the public officer or agency, render
5-24 all assistance and cooperation that may further the objects of this
5-25 title.
5-26 Sec. 39. 1. In carrying out the objects and purposes of this
5-27 title, the juvenile court may use the services and facilities of the
5-28 agency which provides child welfare services.
5-29 2. The agency which provides child welfare services shall
5-30 determine the plans, placements and services to be provided to any
5-31 child pursuant to the provisions of this title, chapter 432 of NRS
5-32 and NRS 432B.010 to 432B.400, inclusive.
5-33 3. As used in this section, “agency which provides child
5-34 welfare services” means:
5-35 (a) In a county whose population is less than 100,000, the
5-36 local office of the Division of Child and Family Services; or
5-37 (b) In a county whose population is 100,000 or more, the
5-38 agency of the county,
5-39 which provides or arranges for necessary child welfare services.
5-40 Sec. 40. Title 5 of NRS is hereby amended by adding thereto a
5-41 new chapter to consist of the provisions set forth as sections 41 to
5-42 56, inclusive, of this act.
5-43 Sec. 41. The district courts:
5-44 1. To the extent specified in this title, shall have and exercise
5-45 jurisdiction in all proceedings conducted pursuant to this title; and
6-1 2. When exercising jurisdiction pursuant to the provisions of
6-2 this title, shall be termed juvenile courts.
6-3 Sec. 42. 1. In any judicial district in which there are two or
6-4 three district judges, the district judges, by mutual consent, shall:
6-5 (a) Assign one district judge to serve as the judge of the
6-6 juvenile court for a period set by the district judges; or
6-7 (b) Divide the powers and duties set forth in this title among
6-8 the district judges as they see fit.
6-9 2. In a judicial district which does not include a county whose
6-10 population is 100,000 or more and in which there are four or more
6-11 district judges:
6-12 (a) The district judges, by mutual consent, shall assign one
6-13 district judge to serve as the judge of the juvenile court for a
6-14 period of 2 years; or
6-15 (b) If the district judges cannot agree, the Chief Justice of the
6-16 Supreme Court shall assign one district judge to serve as the judge
6-17 of the juvenile court for a period of 2 years.
6-18 3. If, for any reason, a district judge who is assigned to serve
6-19 as a judge of the juvenile court pursuant to this section is unable
6-20 to act, any other district judge of the judicial district may act
6-21 temporarily as a judge of the juvenile court during the period that
6-22 the district judge who is regularly assigned is unable to act.
6-23 4. Each district judge who is assigned to serve as a judge
6-24 of the juvenile court has all the powers and duties set forth in this
6-25 title, and the primary duty of the district judge is to administer
6-26 the provisions of this title.
6-27 Sec. 43. 1. Except as otherwise provided in this section, the
6-28 juvenile court or the chief judge of the judicial district may
6-29 appoint any person to act as a master of the juvenile court if the
6-30 person is qualified by previous experience, training and
6-31 demonstrated interest in the welfare of children to act as a master
6-32 of the juvenile court.
6-33 2. A probation officer shall not act as a master of the juvenile
6-34 court unless the proceeding concerns:
6-35 (a) A minor traffic offense; or
6-36 (b) A child who is alleged to be a habitual truant.
6-37 3. If a person is appointed to act as a master of the juvenile
6-38 court, the person shall attend instruction at the National College
6-39 of Juvenile and Family Law in Reno, Nevada, in a course
6-40 designed for the training of new judges of the juvenile court on the
6-41 first occasion when such instruction is offered after the person is
6-42 appointed.
6-43 4. If, for any reason, a master of the juvenile court is unable
6-44 to act, the juvenile court or the chief judge of the judicial district
6-45 may appoint another qualified person to act temporarily as a
7-1 master of the juvenile court during the period that the master who
7-2 is regularly appointed is unable to act.
7-3 5. The compensation of a master of the juvenile court:
7-4 (a) May not be taxed against the parties.
7-5 (b) Must be paid out of appropriations made for the expenses
7-6 of the district court, if the compensation is fixed by the juvenile
7-7 court.
7-8 Sec. 44. 1. The juvenile court may order a master of the
7-9 juvenile court to:
7-10 (a) Swear witnesses.
7-11 (b) Take evidence.
7-12 (c) Make findings of fact and recommendations.
7-13 (d) Conduct all proceedings before the master of the juvenile
7-14 court in the same manner as a district judge conducts proceedings
7-15 in a district court.
7-16 2. Not later than 10 days after the evidence before a master of
7-17 the juvenile court is closed, the master shall file with the juvenile
7-18 court:
7-19 (a) All papers relating to the case;
7-20 (b) Written findings of fact; and
7-21 (c) Written recommendations.
7-22 3. A master of the juvenile court shall provide to the parent or
7-23 guardian of the child, the attorney for the child, the district
7-24 attorney, and any other person concerned, written notice of:
7-25 (a) The master’s findings of fact;
7-26 (b) The master’s recommendations;
7-27 (c) The right to object to the master’s recommendations; and
7-28 (d) The right to request a hearing de novo before the juvenile
7-29 court as provided in subsection 4.
7-30 4. After reviewing the recommendations of a master of the
7-31 juvenile court and any objection to the master’s recommendations,
7-32 the juvenile court shall:
7-33 (a) Approve the master’s recommendations, in whole or in
7-34 part, and order the recommended disposition;
7-35 (b) Reject the master’s recommendations, in whole or in part,
7-36 and order such relief as may be appropriate; or
7-37 (c) Direct a hearing de novo before the juvenile court if, not
7-38 later than 5 days after the master provides notice of the master’s
7-39 recommendations, a person who is entitled to such notice files
7-40 with the juvenile court a request for a hearing de novo before the
7-41 juvenile court.
7-42 5. A recommendation of a master of the juvenile court is not
7-43 effective until expressly approved by the juvenile court as
7-44 evidenced by the signature of a judge of the juvenile court.
7-45 Sec. 45. The juvenile court does not have jurisdiction over a
7-46 child who is subject to the exclusive jurisdiction of an Indian tribe.
8-1 Sec. 46. 1. Except as otherwise provided in this title, the
8-2 juvenile court has exclusive original jurisdiction in proceedings
8-3 concerning any child living or found within the county who is
8-4 alleged or adjudicated to be in need of supervision because the
8-5 child:
8-6 (a) Is subject to compulsory school attendance and is a
8-7 habitual truant from school;
8-8 (b) Habitually disobeys the reasonable and lawful demands of
8-9 the parent or guardian of the child and is unmanageable; or
8-10 (c) Deserts, abandons or runs away from the home or usual
8-11 place of abode of the child and is in need of care or rehabilitation.
8-12 2. A child who is subject to the jurisdiction of the juvenile
8-13 court pursuant to this section must not be considered a delinquent
8-14 child.
8-15 Sec. 47. 1. Except as otherwise provided in this title, the
8-16 juvenile court has exclusive original jurisdiction over a child
8-17 living or found within the county who is alleged or adjudicated to
8-18 have committed a delinquent act.
8-19 2. For the purposes of this section, a child commits a
8-20 delinquent act if the child:
8-21 (a) Violates a county or municipal ordinance;
8-22 (b) Violates any rule or regulation having the force of law; or
8-23 (c) Commits an act designated a criminal offense pursuant to
8-24 the laws of the State of Nevada.
8-25 3. For the purposes of this section, each of the following acts
8-26 shall be deemed not to be a delinquent act, and the juvenile court
8-27 does not have jurisdiction over a person who is charged with
8-28 committing such an act:
8-29 (a) Murder or attempted murder and any other related offense
8-30 arising out of the same facts as the murder or attempted murder,
8-31 regardless of the nature of the related offense.
8-32 (b) Sexual assault or attempted sexual assault involving the
8-33 use or threatened use of force or violence against the victim
8-34 and any other related offense arising out of the same facts as
8-35 the sexual assault or attempted sexual assault, regardless of the
8-36 nature of the related offense, if:
8-37 (1) The person was 16 years of age or older when the
8-38 sexual assault or attempted sexual assault was committed; and
8-39 (2) Before the sexual assault or attempted sexual assault
8-40 was committed, the person previously had been adjudicated
8-41 delinquent for an act that would have been a felony if committed
8-42 by an adult.
8-43 (c) An offense or attempted offense involving the use or
8-44 threatened use of a firearm and any other related offense arising
8-45 out of the same facts as the offense or attempted offense involving
9-1 the use or threatened use of a firearm, regardless of the nature of
9-2 the related offense, if:
9-3 (1) The person was 16 years of age or older when the
9-4 offense or attempted offense involving the use or threatened use of
9-5 a firearm was committed; and
9-6 (2) Before the offense or attempted offense involving the
9-7 use or threatened use of a firearm was committed, the person
9-8 previously had been adjudicated delinquent for an act that would
9-9 have been a felony if committed by an adult.
9-10 (d) A felony resulting in death or substantial bodily harm to
9-11 the victim and any other related offense arising out of the same
9-12 facts as the felony, regardless of the nature of the related offense,
9-13 if:
9-14 (1) The felony was committed on the property of a public or
9-15 private school when pupils or employees of the school were
9-16 present or may have been present, at an activity sponsored by a
9-17 public or private school or on a school bus while the bus was
9-18 engaged in its official duties; and
9-19 (2) The person intended to create a great risk of death or
9-20 substantial bodily harm to more than one person by means of a
9-21 weapon, device or course of action that would normally be
9-22 hazardous to the lives of more than one person.
9-23 (e) Any other offense if, before the offense was committed, the
9-24 person previously had been convicted of a criminal offense.
9-25 Sec. 48. The juvenile court has exclusive original
9-26 jurisdiction over any child who is:
9-27 1. On probation; or
9-28 2. Released on parole from a state facility for the detention of
9-29 children and who violates any condition of the child’s parole.
9-30 Sec. 49. 1. If the juvenile court exercises jurisdiction over a
9-31 child regarding any matter within the purview of this title, another
9-32 court may not exercise jurisdiction over the child regarding that
9-33 matter, unless the juvenile court:
9-34 (a) Certifies the child for proper criminal proceedings as an
9-35 adult pursuant to the provisions of this title; or
9-36 (b) Transfers the case to another court pursuant to the
9-37 provisions of this title.
9-38 2. The provisions of this title do not deprive another court of
9-39 the right to determine:
9-40 (a) The custody of the child upon a writ of habeas corpus; or
9-41 (b) The custody or guardianship of the child in a case
9-42 involving divorce or problems of domestic relations.
10-1 Sec. 50. Except as otherwise provided in sections 181 and
10-2 188 of this act, if a child is subject to the jurisdiction of the
10-3 juvenile court, the juvenile court:
10-4 1. May terminate its jurisdiction concerning the child at any
10-5 time, either on its own volition or for good cause shown; or
10-6 2. May retain jurisdiction over the child until the child
10-7 reaches 21 years of age.
10-8 Sec. 51. 1. Except as otherwise provided in this title, a
10-9 court shall transfer a case and record to the juvenile court if,
10-10 during the pendency of a proceeding involving a criminal offense,
10-11 it is ascertained that the person who is charged with the offense
10-12 was less than 18 years of age when the person allegedly committed
10-13 the offense.
10-14 2. A court shall not transfer a case and record to the juvenile
10-15 court if the proceeding involves a criminal offense excluded from
10-16 the original jurisdiction of the juvenile court pursuant to section
10-17 47 of this act.
10-18 3. A court making a transfer pursuant to this section shall:
10-19 (a) Order the child to be taken immediately to the place of
10-20 detention designated by the juvenile court;
10-21 (b) Order the child to be taken immediately to appear before
10-22 the juvenile court; or
10-23 (c) Release the child to the custody of a suitable person and
10-24 order the child to be brought before the juvenile court at a time
10-25 designated by the juvenile court.
10-26 Sec. 52. 1. If a child is charged with a minor traffic
10-27 offense, the juvenile court may transfer the case and record to a
10-28 justice’s court or municipal court if the juvenile court determines
10-29 that the transfer is in the best interests of the child.
10-30 2. If a case is transferred pursuant to this section:
10-31 (a) The restrictions set forth in section 113 of this act are
10-32 applicable in those proceedings; and
10-33 (b) A parent or guardian must accompany the child at all
10-34 proceedings.
10-35 3. If the juvenile court transfers a case and record to a
10-36 justice’s court or municipal court pursuant to this section, the
10-37 justice’s court or municipal court may transfer the case and
10-38 record back to the juvenile court with the consent of the juvenile
10-39 court.
11-1 Sec. 53. 1. Except as otherwise provided in subsection 2
11-2 and section 54 of this act, upon a motion by the district attorney
11-3 and after a full investigation, the juvenile court may certify a child
11-4 for proper criminal proceedings as an adult to any court that
11-5 would have jurisdiction to try the offense if committed by an adult,
11-6 if the child:
11-7 (a) Is charged with an offense that would have been a felony if
11-8 committed by an adult; and
11-9 (b) Was 14 years of age or older at the time the child allegedly
11-10 committed the offense.
11-11 2. Except as otherwise provided in subsection 3, upon a
11-12 motion by the district attorney and after a full investigation, the
11-13 juvenile court shall certify a child for proper criminal proceedings
11-14 as an adult to any court that would have jurisdiction to try the
11-15 offense if committed by an adult, if the child:
11-16 (a) Is charged with:
11-17 (1) A sexual assault involving the use or threatened use of
11-18 force or violence against the victim; or
11-19 (2) An offense or attempted offense involving the use or
11-20 threatened use of a firearm; and
11-21 (b) Was 14 years of age or older at the time the child allegedly
11-22 committed the offense.
11-23 3. The juvenile court shall not certify a child for criminal
11-24 proceedings as an adult pursuant to subsection 2 if the juvenile
11-25 court specifically finds by clear and convincing evidence that:
11-26 (a) The actions of the child were substantially the result of the
11-27 substance abuse or emotional or behavioral problems of the child;
11-28 and
11-29 (b) The substance abuse or emotional or behavioral problems
11-30 may be appropriately treated through the jurisdiction of the
11-31 juvenile court.
11-32 4. If a child is certified for criminal proceedings as an adult
11-33 pursuant to subsection 1 or 2, the juvenile court shall also certify
11-34 the child for criminal proceedings as an adult for any other
11-35 related offense arising out of the same facts as the offense for
11-36 which the child was certified, regardless of the nature of the
11-37 related offense.
11-38 5. If a child has been certified for criminal proceedings as an
11-39 adult pursuant to subsection 1 or 2 and the child’s case has been
11-40 transferred out of the juvenile court:
11-41 (a) The court to which the case has been transferred has
11-42 original jurisdiction over the child;
11-43 (b) The child may petition for transfer of the case back to the
11-44 juvenile court only upon a showing of exceptional circumstances;
11-45 and
12-1 (c) If the child’s case is transferred back to the juvenile court,
12-2 the juvenile court shall determine whether the exceptional
12-3 circumstances warrant accepting jurisdiction.
12-4 Sec. 54. 1. A child shall be deemed to be a prisoner who
12-5 has escaped or attempted to escape from lawful custody in
12-6 violation of NRS 212.090, and proceedings may be brought
12-7 against the child pursuant to the provisions of this section, if the
12-8 child:
12-9 (a) Is committed to or otherwise is placed in a public or private
12-10 facility for the detention or correctional care of children,
12-11 including, but not limited to, all state, regional and local facilities
12-12 for the detention of children; and
12-13 (b) Escapes or attempts to escape from such a facility.
12-14 2. Upon a motion by the district attorney and after a full
12-15 investigation, the juvenile court may certify the child for criminal
12-16 proceedings as an adult pursuant to subsection 1 of section 53 of
12-17 this act if the child was 14 years of age or older at the time of the
12-18 escape or attempted escape and:
12-19 (a) The child was committed to or placed in the facility from
12-20 which the child escaped or attempted to escape because the child
12-21 had been charged with or had been adjudicated delinquent for an
12-22 unlawful act that would have been a felony if committed by an
12-23 adult; or
12-24 (b) The child or another person aiding the child used a
12-25 dangerous weapon to facilitate the escape or attempted escape.
12-26 3. If the child is certified for criminal proceedings as an adult
12-27 pursuant to subsection 2, the juvenile court shall also certify the
12-28 child for criminal proceedings as an adult for any other related
12-29 offense arising out of the same facts as the escape or attempted
12-30 escape, regardless of the nature of the related offense.
12-31 4. If the child is not certified for criminal proceedings as an
12-32 adult pursuant to subsection 2 or otherwise is not subject to the
12-33 provisions of subsection 2, the escape or attempted escape shall be
12-34 deemed to be a delinquent act, and proceedings may be brought
12-35 against the child pursuant to the provisions of this title.
12-36 Sec. 55. 1. The juvenile court has jurisdiction over adults
12-37 to the extent that such jurisdiction is incidental and necessary to
12-38 its jurisdiction over children.
12-39 2. A stepparent of a child is subject to the same court orders
12-40 as a natural parent or adoptive parent of the child.
12-41 3. An adult who is subject to the jurisdiction of the juvenile
12-42 court:
12-43 (a) Is subject to the provisions of section 56 of this act; and
12-44 (b) Has available to him all the rights, remedies and writs
12-45 guaranteed by the Constitution of the United States and the
13-1 Constitution and the laws of this state to a defendant who is
13-2 charged with having committed a criminal offense in this state.
13-3 Sec. 56. 1. Any person, except a child, who willfully
13-4 violates, neglects or refuses to obey the terms of any order of
13-5 disposition made by the juvenile court under the provisions of this
13-6 title is guilty of a misdemeanor and may be punished for contempt.
13-7 2. Except as otherwise provided in this section, if the juvenile
13-8 court determines that a person is guilty of contempt, the person
13-9 may be punished by:
13-10 (a) A fine, not to exceed $500; or
13-11 (b) Imprisonment, not to exceed 25 days,
13-12 or both.
13-13 3. The juvenile court may punish a person who is guilty of
13-14 contempt by imprisonment for more than 25 days if:
13-15 (a) The person is guilty of contempt for refusing to perform an
13-16 act and the person has the power to perform the act; and
13-17 (b) The juvenile court specifies the act the person must
13-18 perform in the warrant of commitment.
13-19 4. A person punished pursuant to subsection 3 may be
13-20 imprisoned until the person performs the act specified in the
13-21 warrant of commitment.
13-22 Sec. 57. Title 5 of NRS is hereby amended by adding thereto a
13-23 new chapter to consist of the provisions set forth as sections 58 to
13-24 94, inclusive, of this act.
13-25 Sec. 58. 1. In any county where it is deemed advisable, the
13-26 juvenile court may establish a youth services commission.
13-27 2. Each youth services commission must consist of five
13-28 persons appointed by the juvenile court.
13-29 3. In conjunction with the Division of Child and Family
13-30 Services, the youth services commission shall advise the juvenile
13-31 court, the Legislature, the Governor and the governing bodies of
13-32 each city and the county to:
13-33 (a) Determine the extent to which various departments,
13-34 agencies and organizations may wish to cooperate in a common
13-35 effort to coordinate their existing programs and develop new
13-36 programs to reduce the incidence of juvenile delinquency;
13-37 (b) Develop necessary formal agreements among those
13-38 departments, agencies and organizations, including agreements
13-39 involving the joint exercise of power;
13-40 (c) Initiate, where feasible, other special projects for the
13-41 prevention of delinquency through the use and coordination of
13-42 existing resources within the community; and
13-43 (d) Seek and secure money and resources to carry out the
13-44 purposes of the youth services commission.
14-1 Sec. 59. The provisions of sections 59 to 65, inclusive, of this
14-2 act apply to a judicial district which does not include a county
14-3 whose population is 100,000 or more.
14-4 Sec. 60. 1. By an order entered in the minutes, the juvenile
14-5 court shall:
14-6 (a) Appoint five representative citizens of good moral
14-7 character to be known as the probation committee; and
14-8 (b) If any member of the probation committee vacates or is
14-9 removed from his position before the end of his term, appoint a
14-10 person to fill the vacancy not later than 30 days after the date on
14-11 which the vacancy occurs.
14-12 2. The clerk of the court shall notify each person who is
14-13 appointed to the probation committee. The notice of appointment
14-14 must instruct the person to appear before the juvenile court not
14-15 later than 10 days after the date the notice is sent.
14-16 3. Each person who is appointed to the probation committee
14-17 shall:
14-18 (a) Appear before the juvenile court not later than the time
14-19 specified by the notice of appointment; and
14-20 (b) Qualify by taking an oath to perform faithfully the duties
14-21 of a member of the probation committee. The taking of the oath
14-22 must be entered in the records of the juvenile court.
14-23 4. Except as otherwise provided in this section, the juvenile
14-24 court shall appoint persons to the probation committee for the
14-25 following terms:
14-26 (a) For the initial terms of the members:
14-27 (1) One member must be appointed for a term of 1 year;
14-28 (2) Two members must be appointed for terms of 2 years;
14-29 and
14-30 (3) Two members must be appointed for terms of 3 years.
14-31 (b) For the terms following the initial terms, each member
14-32 must be appointed for a term of 3 years.
14-33 5. If a person is appointed to fill a vacancy before the end of
14-34 a term, the juvenile court shall appoint the person for the
14-35 remainder of the unexpired term.
14-36 6. The juvenile court may at any time remove for cause any
14-37 member of the probation committee.
14-38 7. Members of the probation committee shall:
14-39 (a) Serve without compensation; and
14-40 (b) Choose from among their members a chairman and a
14-41 secretary.
14-42 Sec. 61. 1. The probation committee shall:
14-43 (a) Advise the juvenile court upon its request.
14-44 (b) In conjunction with the juvenile court and the chief
14-45 probation officer, advise on any matter concerning the control and
14-46 management of any local facility for the detention of children.
15-1 (c) Upon the request of the juvenile court, investigate the
15-2 facilities, resources and management of any person or entity,
15-3 other than a state agency, that applies to receive or receives
15-4 children under this title and report its findings, conclusions and
15-5 recommendations to the juvenile court.
15-6 (d) Prepare an annual report of its activities, investigations,
15-7 findings and recommendations and file the annual report with the
15-8 juvenile court and with the clerk of the court as a public
15-9 document.
15-10 (e) Advise the juvenile court and make recommendations
15-11 concerning:
15-12 (1) The appointment of employees that the probation
15-13 committee deems necessary for the operation and management of
15-14 the probation department and each local facility for the detention
15-15 of children.
15-16 (2) The establishment of policies, procedures and standards
15-17 for the proper performance of the duties and responsibilities of
15-18 probation officers, the employees of the probation department and
15-19 the employees of each local facility for the detention of children.
15-20 2. The probation committee may:
15-21 (a) If it deems necessary or proper, investigate any local
15-22 facility for the detention of children and report its findings,
15-23 conclusions and recommendations to the juvenile court.
15-24 (b) Upon a majority vote of its members, recommend the
15-25 removal or discharge of any probation officer.
15-26 Sec. 62. 1. The juvenile court shall appoint:
15-27 (a) One or more probation officers.
15-28 (b) Other employees as may be required to carry on the work
15-29 of the probation department and each local facility for the
15-30 detention of children.
15-31 2. The appointment of the probation officers, the employees
15-32 of the probation department and the employees of each local
15-33 facility for the detention of children must be made from lists of
15-34 eligible persons established through competitive examinations.
15-35 3. With the advice of the probation committee, the juvenile
15-36 court shall establish policies, procedures and standards for the
15-37 proper performance of the duties and responsibilities of the
15-38 probation officers, the employees of the probation department and
15-39 the employees of each local facility for the detention of children.
15-40 4. With the advice of the probation committee and consent of
15-41 the board or boards of county commissioners, the juvenile court
15-42 shall determine the salaries of the probation officers, the
15-43 employees of the probation department and the employees of each
15-44 local facility for the detention of children.
15-45 5. If the juvenile court serves two or more counties, the
15-46 juvenile court:
16-1 (a) May appoint the probation officers to serve the counties
16-2 jointly; and
16-3 (b) Shall allocate the salaries and expenses of the probation
16-4 officers between the counties.
16-5 6. The board or boards of county commissioners shall make
16-6 every reasonable effort to provide sufficient personnel and support
16-7 for the probation department to uphold the concept of separation
16-8 of powers in the court process.
16-9 Sec. 63. 1. The juvenile court shall appoint one probation
16-10 officer as the chief probation officer.
16-11 2. Under the general supervision of the juvenile court and
16-12 with the advice of the probation committee, the chief probation
16-13 officer shall:
16-14 (a) Organize, direct and develop the administrative work,
16-15 including, but not limited to, the social, financial and clerical
16-16 work, of the probation department and each local facility for the
16-17 detention of children; and
16-18 (b) Perform such other duties as the juvenile court directs.
16-19 Sec. 64. 1. Pursuant to the provisions of this section, the
16-20 juvenile court may demote or discharge any probation officer,
16-21 employee of the probation department or employee of a local
16-22 facility for the detention of children.
16-23 2. Before the juvenile court may demote or discharge a
16-24 probation officer or employee, the juvenile court shall provide to
16-25 the probation officer or employee:
16-26 (a) A written statement of the reasons for the demotion or
16-27 discharge; and
16-28 (b) An opportunity to be heard before the juvenile court
16-29 regarding the demotion or discharge.
16-30 Sec. 65. All information obtained in the discharge of an
16-31 official duty by an officer or employee of the juvenile court is
16-32 privileged and must not be disclosed other than to the juvenile
16-33 court or any person who is authorized to receive that information
16-34 pursuant to the provisions of this title, unless otherwise ordered by
16-35 the juvenile court.
16-36 Sec. 66. The provisions of sections 66 to 73, inclusive, of this
16-37 act apply to a judicial district which includes a county whose
16-38 population is 100,000 or more but less than 400,000.
16-39 Sec. 67. 1. By an order entered in the minutes, the juvenile
16-40 court shall:
16-41 (a) Appoint not less than five nor more than seven
16-42 representative citizens of good moral character to be known as the
16-43 committee for juvenile services; and
16-44 (b) If any member of the committee for juvenile services
16-45 vacates or is removed from his position before the end of his term,
17-1 appoint a person to fill the vacancy not later than 30 days after the
17-2 date on which the vacancy occurs.
17-3 2. The clerk of the court shall notify each person who is
17-4 appointed to the committee for juvenile services. The notice of
17-5 appointment must instruct the person to appear before the juvenile
17-6 court not later than 10 days after the date the notice is sent.
17-7 3. Each person who is appointed to the committee for juvenile
17-8 services shall:
17-9 (a) Appear before the juvenile court not later than the time
17-10 specified by the notice of appointment; and
17-11 (b) Qualify by taking an oath to perform faithfully the duties
17-12 of a member of the committee for juvenile services. The taking of
17-13 the oath must be entered in the records of the juvenile court.
17-14 4. Except as otherwise provided in this section, the juvenile
17-15 court shall appoint persons to the committee for juvenile services
17-16 for a term of 3 years.
17-17 5. If a person is appointed to fill a vacancy before the end of
17-18 a term, the juvenile court shall appoint the person for the
17-19 remainder of the unexpired term.
17-20 6. The juvenile court may at any time remove for cause any
17-21 member of the committee for juvenile services.
17-22 7. Any member who is absent from three consecutive
17-23 meetings of the committee for juvenile services without permission
17-24 of the chairman:
17-25 (a) Forfeits his office; and
17-26 (b) Must be replaced as provided in this section for the filling
17-27 of a vacancy before the end of a term.
17-28 8. Members of the committee for juvenile services shall:
17-29 (a) Serve without compensation; and
17-30 (b) Choose from among their members a chairman and a
17-31 secretary.
17-32 Sec. 68. 1. The committee for juvenile services shall:
17-33 (a) Advise the juvenile court upon its request.
17-34 (b) In conjunction with the director of juvenile services and
17-35 the chief probation officer, advise on any matter concerning the
17-36 control and management of any local facility for the detention of
17-37 children.
17-38 (c) Upon the request of the director of juvenile services,
17-39 investigate the facilities, resources and management of any person
17-40 or entity, other than a state agency, that applies to receive or
17-41 receives children under this title and report its findings,
17-42 conclusions and recommendations to the director of juvenile
17-43 services.
17-44 (d) Prepare an annual report of its activities, investigations,
17-45 findings and recommendations and file the annual report with the
18-1 juvenile court and with the clerk of the court as a public
18-2 document.
18-3 (e) Advise the director of juvenile services and make
18-4 recommendations concerning:
18-5 (1) The appointment of employees that the committee for
18-6 juvenile services deems necessary for the operation and
18-7 management of the department of juvenile services and each local
18-8 facility for the detention of children.
18-9 (2) The establishment of policies, procedures and standards
18-10 for the proper performance of the duties and responsibilities of
18-11 probation officers, the employees of the department of juvenile
18-12 services and the employees of each local facility for the detention
18-13 of children.
18-14 (f) Act as a hearing board pursuant to the provisions of section
18-15 72 of this act.
18-16 2. The committee for juvenile services may, if it deems
18-17 necessary or proper, investigate any local facility for the detention
18-18 of children and report its findings, conclusions and
18-19 recommendations to the director of juvenile services.
18-20 Sec. 69. 1. From a list of candidates recommended by the
18-21 committee for juvenile services, the juvenile court shall appoint a
18-22 director of juvenile services.
18-23 2. The director of juvenile services:
18-24 (a) Is directly responsible to the juvenile court and shall
18-25 administer the functions of the juvenile court.
18-26 (b) Shall coordinate the services of and serve as liaison
18-27 between the juvenile court and all agencies in the judicial district
18-28 dealing with children, including, but not limited to:
18-29 (1) The Division of Child and Family Services;
18-30 (2) The public schools of the judicial district;
18-31 (3) All law enforcement agencies of the judicial district;
18-32 (4) The committee for juvenile services of the judicial
18-33 district;
18-34 (5) The department of juvenile services of the judicial
18-35 district; and
18-36 (6) All local facilities for the detention of children within
18-37 the judicial district.
18-38 (c) May carry out preventive programs relating to juvenile
18-39 delinquency.
18-40 3. The director of juvenile services serves at the pleasure of
18-41 the juvenile court and is subject to removal or discharge by the
18-42 juvenile court. Before the juvenile court may remove or discharge
18-43 the director of juvenile services, the juvenile court shall provide to
18-44 the director:
18-45 (a) A written statement of the reasons for the removal or
18-46 discharge; and
19-1 (b) An opportunity to be heard before the juvenile court
19-2 regarding the removal or discharge.
19-3 4. The director of juvenile services is entitled to such staff or
19-4 employees to assist in the performance of the duties of the director
19-5 as is advised by the committee for juvenile services, approved by
19-6 the juvenile court, and consented to by the board or boards of
19-7 county commissioners.
19-8 5. With the advice of the committee for juvenile services and
19-9 the consent of the board or boards of county commissioners, the
19-10 juvenile court shall determine the salary of the director of juvenile
19-11 services.
19-12 Sec. 70. 1. With the advice of the committee for juvenile
19-13 services, the director of juvenile services shall appoint:
19-14 (a) One or more probation officers.
19-15 (b) Other employees as may be required to carry on the work
19-16 of the department of juvenile services and each local facility for
19-17 the detention of children.
19-18 2. The appointment of the probation officers, the employees
19-19 of the department of juvenile services and the employees of each
19-20 local facility for the detention of children must be made from lists
19-21 of eligible persons established through competitive examinations.
19-22 3. With the advice of the committee for juvenile services, the
19-23 director of juvenile services shall establish policies, procedures
19-24 and standards for the proper performance of the duties and
19-25 responsibilities of the probation officers, the employees of the
19-26 department of juvenile services and the employees of each local
19-27 facility for the detention of children.
19-28 4. With the advice of the committee for juvenile services,
19-29 approval of the juvenile court and consent of the board or boards
19-30 of county commissioners, the director of juvenile services shall
19-31 determine the salaries of the probation officers, the employees of
19-32 the department of juvenile services and the employees of each
19-33 local facility for the detention of children.
19-34 5. If the director of juvenile services serves two or more
19-35 counties, the director:
19-36 (a) May appoint the probation officers to serve the counties
19-37 jointly; and
19-38 (b) Shall allocate the salaries and expenses of the probation
19-39 officers between the counties.
19-40 Sec. 71. 1. The director of juvenile services shall appoint
19-41 one probation officer as the chief probation officer.
19-42 2. Under the general supervision of the director of juvenile
19-43 services and with the advice of the committee for juvenile services,
19-44 the chief probation officer shall:
19-45 (a) Organize, direct and develop the administrative work,
19-46 including, but not limited to, the social, financial and clerical
20-1 work, of the department of juvenile services and each local facility
20-2 for the detention of children; and
20-3 (b) Perform such other duties as the director of juvenile
20-4 services directs.
20-5 Sec. 72. 1. Pursuant to the provisions of this section, the
20-6 director of juvenile services may demote or dismiss, only for cause,
20-7 any probation officer, employee of the department of juvenile
20-8 services or employee of a local facility for the detention of
20-9 children.
20-10 2. Before the director of juvenile services may demote a
20-11 probation officer or employee, the director shall provide to the
20-12 probation officer or employee:
20-13 (a) A written statement of the reasons for the demotion; and
20-14 (b) An opportunity to be heard before the director regarding
20-15 the demotion.
20-16 3. Before the director of juvenile services may dismiss a
20-17 probation officer or employee with less than 12 months of service,
20-18 the director shall provide to the probation officer or employee:
20-19 (a) A written statement of the reasons for the dismissal; and
20-20 (b) An opportunity to be heard before the director regarding
20-21 the dismissal.
20-22 4. If a probation officer or employee with 12 months or more
20-23 of service is dismissed pursuant to this section:
20-24 (a) Not later than 15 days after his dismissal, the probation
20-25 officer or employee may request a written statement from the
20-26 director of juvenile services specifically setting forth the reasons
20-27 for the dismissal. The director shall provide the written statement
20-28 to the probation officer or employee not later than 15 days after
20-29 the date of the request.
20-30 (b) Not later than 30 days after receipt of the written statement
20-31 from the director, the probation officer or employee may make a
20-32 written request for a public hearing before the committee for
20-33 juvenile services. The committee for juvenile services shall adopt
20-34 rules for the conduct of such public hearings.
20-35 (c) The probation officer or employee may appeal the decision
20-36 of the committee for juvenile services to the board or boards of
20-37 county commissioners.
20-38 Sec. 73. All information obtained in the discharge of an
20-39 official duty by an officer or employee of the juvenile court is
20-40 privileged and must not be disclosed other than to the juvenile
20-41 court, the director of juvenile services or any person who is
20-42 authorized to receive that information pursuant to the provisions
20-43 of this title, unless otherwise ordered by the juvenile court or
20-44 permitted by the director.
20-45 Sec. 74. The provisions of sections 74 to 81, inclusive, of this
20-46 act apply to a judicial district which includes a county whose
21-1 population is 400,000 or more, if a department of juvenile justice
21-2 services has not been established by ordinance pursuant to
21-3 sections 82 to 87, inclusive, of this act.
21-4 Sec. 75. 1. By an order entered in the minutes, the juvenile
21-5 court shall:
21-6 (a) Appoint not less than five nor more than seven
21-7 representative citizens of good moral character to be known as the
21-8 probation committee; and
21-9 (b) If any member of the probation committee vacates or is
21-10 removed from his position before the end of his term, appoint a
21-11 person to fill the vacancy not later than 30 days after the date on
21-12 which the vacancy occurs.
21-13 2. The clerk of the court shall notify each person who is
21-14 appointed to the probation committee. The notice of appointment
21-15 must instruct the person to appear before the juvenile court not
21-16 later than 10 days after the date the notice is sent.
21-17 3. Each person who is appointed to the probation committee
21-18 shall:
21-19 (a) Appear before the juvenile court not later than the time
21-20 specified by the notice of appointment; and
21-21 (b) Qualify by taking an oath to perform faithfully the duties
21-22 of a member of the probation committee. The taking of the oath
21-23 must be entered in the records of the juvenile court.
21-24 4. Except as otherwise provided in this section, the juvenile
21-25 court shall appoint persons to the probation committee for the
21-26 following terms:
21-27 (a) For the initial terms of the members:
21-28 (1) One member must be appointed for a term of 1 year;
21-29 (2) Two members must be appointed for terms of 2 years;
21-30 and
21-31 (3) Two members must be appointed for terms of 3 years.
21-32 (b) For the terms following the initial terms, each member
21-33 must be appointed for a term of 3 years.
21-34 5. If a person is appointed to fill a vacancy before the end of
21-35 a term, the juvenile court shall appoint the person for the
21-36 remainder of the unexpired term.
21-37 6. The juvenile court may at any time remove for cause any
21-38 member of the probation committee.
21-39 7. Any member who is absent from three consecutive
21-40 meetings of the probation committee without permission of the
21-41 chairman:
21-42 (a) Forfeits his office; and
21-43 (b) Must be replaced as provided in this section for the filling
21-44 of a vacancy before the end of a term.
21-45 8. Members of the probation committee shall:
21-46 (a) Serve without compensation; and
22-1 (b) Choose from among their members a chairman and a
22-2 secretary.
22-3 Sec. 76. 1. The probation committee shall:
22-4 (a) Advise the juvenile court upon its request.
22-5 (b) In conjunction with the director of the department of
22-6 juvenile justice services and the chief probation officer, advise on
22-7 any matter concerning the control and management of any local
22-8 facility for the detention of children.
22-9 (c) Upon the request of the director of the department of
22-10 juvenile justice services, investigate the facilities, resources and
22-11 management of any person or entity, other than a state agency,
22-12 that applies to receive or receives children under this title and
22-13 report its findings, conclusions and recommendations to the
22-14 juvenile court.
22-15 (d) Prepare an annual report of its activities, investigations,
22-16 findings and recommendations and file the annual report with the
22-17 juvenile court and with the clerk of the court as a public
22-18 document.
22-19 (e) Advise the director of the department of juvenile justice
22-20 services and make recommendations concerning:
22-21 (1) The appointment of employees that the probation
22-22 committee deems necessary for the operation and management of
22-23 the probation department and each local facility for the detention
22-24 of children.
22-25 (2) The establishment of policies, procedures and standards
22-26 for the proper performance of the duties and responsibilities of
22-27 probation officers, the employees of the probation department and
22-28 the employees of each local facility for the detention of children.
22-29 (f) Act as a hearing board pursuant to the provisions of section
22-30 80 of this act.
22-31 2. The probation committee may, if it deems as proper or
22-32 necessary, investigate any local facility for the detention of
22-33 children and report its findings, conclusions and
22-34 recommendations to the juvenile court.
22-35 Sec. 77. 1. From a list of candidates recommended by the
22-36 probation committee, the juvenile court shall appoint a director of
22-37 the department of juvenile justice services.
22-38 2. The director of the department of juvenile justice services:
22-39 (a) Is directly responsible to the juvenile court and shall
22-40 administer the functions of the juvenile court.
22-41 (b) Shall coordinate the services of and serve as liaison
22-42 between the juvenile court and all agencies in the judicial district
22-43 dealing with children, including, but not limited to:
22-44 (1) The Division of Child and Family Services;
22-45 (2) The public schools of the judicial district;
22-46 (3) All law enforcement agencies of the judicial district;
23-1 (4) The probation committee; and
23-2 (5) All local facilities for the detention of children within
23-3 the judicial district.
23-4 (c) May carry out preventive programs relating to juvenile
23-5 delinquency.
23-6 3. The director of the department of juvenile justice services
23-7 serves at the pleasure of the juvenile court and is subject to
23-8 removal or discharge by the juvenile court. Before the juvenile
23-9 court may remove or discharge the director of the department of
23-10 juvenile justice services, the juvenile court shall provide to the
23-11 director:
23-12 (1) A written statement of the reasons for the removal or
23-13 discharge; and
23-14 (2) An opportunity to be heard before the juvenile court
23-15 regarding the removal or discharge.
23-16 4. The director of the department of juvenile justice services
23-17 is entitled to such staff or employees to assist in the performance
23-18 of the duties of the director as is advised by the probation
23-19 committee, approved by the juvenile court, and consented to by
23-20 the board or boards of county commissioners.
23-21 5. With the advice of the probation committee and the
23-22 consent of the board or boards of county commissioners of the
23-23 county or counties, the juvenile court shall determine the salary of
23-24 the director of the department of juvenile justice services.
23-25 Sec. 78. 1. With the advice of the probation committee, the
23-26 director of the department of juvenile justice services shall
23-27 appoint:
23-28 (a) One or more probation officers.
23-29 (b) Other employees as may be required to carry on the work
23-30 of the probation department and each local facility for the
23-31 detention of children.
23-32 2. The appointment of the probation officers, the employees
23-33 of the department of juvenile justice services and the employees of
23-34 each local facility for the detention of children must be made from
23-35 lists of eligible persons established through competitive
23-36 examinations.
23-37 3. With the advice of the probation committee, the director of
23-38 the department of juvenile justice services shall establish policies,
23-39 procedures and standards for the proper performance of the duties
23-40 and responsibilities of the probation officers, the employees of the
23-41 department of juvenile justice services and the employees of each
23-42 local facility for the detention of children.
23-43 4. With the advice of the probation committee, approval of the
23-44 juvenile court and consent of the board or boards of county
23-45 commissioners, the director of the department of juvenile justice
23-46 services shall determine the salaries of the probation officers, the
24-1 employees of the department of juvenile justice services and the
24-2 employees of each local facility for the detention of children.
24-3 5. If the director of the department of juvenile justice services
24-4 serves two or more counties, the director:
24-5 (a) May appoint the probation officers to serve the counties
24-6 jointly; and
24-7 (b) Shall allocate the salaries and expenses of the probation
24-8 officers between the counties.
24-9 Sec. 79. 1. The director of the department of juvenile
24-10 justice services shall appoint one probation officer as the chief
24-11 probation officer.
24-12 2. Under the general supervision of the director of the
24-13 department of juvenile justice services and with the advice of the
24-14 probation committee, the chief probation officer shall:
24-15 (a) Organize, direct and develop the administrative work,
24-16 including, but not limited to, the social, financial and clerical
24-17 work, of the department of juvenile justice services and each local
24-18 facility for the detention of children; and
24-19 (b) Perform such other duties as the director of the department
24-20 of juvenile justice services directs.
24-21 Sec. 80. 1. Pursuant to the provisions of this section, the
24-22 director of the department of juvenile justice services may demote
24-23 or dismiss, only for cause, any probation officer, employee of the
24-24 department of juvenile justice services or employee of a local
24-25 facility for the detention of children.
24-26 2. Before the director of the department of juvenile justice
24-27 services may demote a probation officer or employee, the director
24-28 shall provide to the probation officer or employee:
24-29 (a) A written statement of the reasons for the demotion; and
24-30 (b) An opportunity to be heard before the director regarding
24-31 the demotion.
24-32 3. Before the director of the department of juvenile justice
24-33 services may dismiss a probation officer or employee with less
24-34 than 12 months of service, the director shall provide to the
24-35 probation officer or employee:
24-36 (a) A written statement of the reasons for the dismissal; and
24-37 (b) An opportunity to be heard before the director regarding
24-38 the dismissal.
24-39 4. If a probation officer or employee with 12 months or more
24-40 of service is dismissed pursuant to this section:
24-41 (a) Not later than 15 days after his dismissal, the probation
24-42 officer or employee may request a written statement from the
24-43 director of the department of juvenile justice services specifically
24-44 setting forth the reasons for the dismissal. The director shall
24-45 provide the written statement to the probation officer or employee
24-46 not later than 15 days after the date of the request.
25-1 (b) Not later than 30 days after receipt of the written statement
25-2 from the director, the probation officer or employee may make a
25-3 written request for a public hearing before the probation
25-4 committee. The probation committee shall adopt rules for the
25-5 conduct of such public hearings.
25-6 (c) The probation officer or employee may appeal the decision
25-7 of the probation committee to the board or boards of county
25-8 commissioners.
25-9 Sec. 81. All information obtained in the discharge of an
25-10 official duty by an officer or employee of the juvenile court is
25-11 privileged and must not be disclosed other than to the juvenile
25-12 court, the director of the department of juvenile justice services or
25-13 any person who is authorized to receive that information pursuant
25-14 to the provisions of this title, unless otherwise ordered by the
25-15 juvenile court or permitted by the director.
25-16 Sec. 82. 1. The provisions of sections 82 to 87, inclusive, of
25-17 this act apply only to a county:
25-18 (a) Whose population is 400,000 or more; and
25-19 (b) Which constitutes a judicial district.
25-20 2. If a department of juvenile justice services has been
25-21 established by ordinance in a judicial district pursuant to sections
25-22 82 to 87, inclusive, of this act, the provisions of sections 74 to 81,
25-23 inclusive, of this act do not apply to that judicial district for the
25-24 period the ordinance is in effect.
25-25 Sec. 83. 1. The board of county commissioners may
25-26 establish by ordinance a department of juvenile justice services.
25-27 2. The department of juvenile justice services:
25-28 (a) Shall administer the provisions of services relating to the
25-29 delinquency and the abuse and neglect of children with respect to
25-30 matters arising pursuant to the provisions of this title; and
25-31 (b) May carry out programs relating to the prevention of
25-32 juvenile delinquency.
25-33 3. The board of county commissioners may appoint a director
25-34 of the department of juvenile justice services. The director serves
25-35 at the pleasure of the board.
25-36 Sec. 84. 1. The board of county commissioners may provide
25-37 for the appointment of:
25-38 (a) One or more probation officers;
25-39 (b) One or more assistant probation officers; and
25-40 (c) Other employees as may be necessary to carry out the
25-41 duties of the department of juvenile justice services.
25-42 2. Probation officers, assistant probation officers and other
25-43 employees authorized pursuant to this section are:
25-44 (a) Employees of the county who are subject to the
25-45 provisions of the merit personnel system unless exempt pursuant
25-46 to NRS 245.216; and
26-1 (b) Local government employees for the purposes of chapter
26-2 288 of NRS.
26-3 3. Probation officers, assistant probation officers and other
26-4 employees hired before the effective date of the ordinance
26-5 establishing the department of juvenile justice services may be
26-6 dismissed only for cause.
26-7 4. All information obtained in the discharge of an official
26-8 duty by a probation officer, assistant probation officer or other
26-9 employee of the department of juvenile justice services is
26-10 privileged and must not be disclosed other than to the juvenile
26-11 court, the director of the department of juvenile justice services or
26-12 any person who is authorized to receive that information pursuant
26-13 to the provisions of this title, unless otherwise ordered by the
26-14 juvenile court or permitted by the director.
26-15 Sec. 85. 1. The board of county commissioners of a county
26-16 which establishes a department of juvenile justice services shall
26-17 establish by ordinance a joint board consisting of five members.
26-18 2. The joint board consists of:
26-19 (a) Three representatives of the district judges designated by
26-20 the judges of the judicial district from among their members; and
26-21 (b) Two representatives of the board of county commissioners
26-22 designated by the board from among its members.
26-23 3. The duties of the joint board must include, but are not
26-24 limited to:
26-25 (a) Acting as a liaison between the board of county
26-26 commissioners and the district court; and
26-27 (b) Making recommendations to the board of county
26-28 commissioners concerning the facilities, resources, operation and
26-29 management of the department of juvenile justice services.
26-30 4. The district judges serving as members of the joint board
26-31 may withdraw from participating in the board by giving written
26-32 notice of their intent to withdraw to the board of county
26-33 commissioners.
26-34 Sec. 86. 1. The board of county commissioners of a county
26-35 which establishes a department of juvenile justice services shall
26-36 establish by ordinance a citizen’s advisory committee to advise the
26-37 joint board established pursuant to section 85 of this act.
26-38 2. The ordinance establishing the citizen’s advisory
26-39 committee must include:
26-40 (a) The name of the committee;
26-41 (b) The number of members of the committee;
26-42 (c) The terms of the members; and
26-43 (d) The duties of the committee.
26-44 3. The citizen’s advisory committee may offer the opinions
26-45 and recommendations of the residents of the county and give
26-46 advice and make recommendations to the joint board concerning
27-1 the facilities, services and resources provided by the department of
27-2 juvenile justice services.
27-3 Sec. 87. The ordinances establishing the department of
27-4 juvenile justice services, the joint board and the citizen’s advisory
27-5 committee shall be deemed repealed 6 months after the effective
27-6 date of the notice, unless an earlier date is prescribed by the board
27-7 of county commissioners.
27-8 Sec. 88. 1. A program of sports or physical fitness and a
27-9 program for the arts:
27-10 (a) May be publicly or privately operated; and
27-11 (b) Must be adequately supervised.
27-12 2. A program for the arts may include, but is not limited to:
27-13 (a) Drawing, painting, photography or other visual arts;
27-14 (b) Writing;
27-15 (c) Musical, dance or theatrical performance; and
27-16 (d) Any other structured activity that involves creative or
27-17 artistic expression.
27-18 Sec. 89. 1. A program of cognitive training and human
27-19 development must include, but is not limited to, education,
27-20 instruction or guidance in one or more of the following subjects,
27-21 as deemed appropriate by the juvenile court:
27-22 (a) Motivation.
27-23 (b) Habits, attitudes and conditioning.
27-24 (c) Self-conditioning processes.
27-25 (d) Developing a successful way of life.
27-26 (e) The process of solving problems.
27-27 (f) Emotions and emotional blocks.
27-28 (g) Assurances and demonstrative maturity.
27-29 (h) Family success.
27-30 (i) Family relationships.
27-31 (j) Interfamilial understanding and communications.
27-32 (k) Financial stability.
27-33 (l) Effective communications.
27-34 (m) Conflict resolution.
27-35 (n) Anger management.
27-36 (o) Obtaining and retaining employment.
27-37 2. A director of juvenile services may contract with persons
27-38 and public or private entities that are qualified to operate or to
27-39 participate in a program of cognitive training and human
27-40 development.
27-41 3. A director of juvenile services may designate a person to
27-42 carry out the provisions of this section.
27-43 Sec. 90. 1. To finance a program of cognitive training and
27-44 human development established pursuant to section 89 of this act,
27-45 a director of juvenile services may establish, with the county
28-1 treasurer as custodian, a special fund to be known as the cognitive
28-2 training and human development fund.
28-3 2. A director of juvenile services may apply for and accept
28-4 grants, gifts, donations, bequests or devises which the director
28-5 shall deposit with the county treasurer for credit to the fund.
28-6 3. The fund must be a separate and continuing fund, and no
28-7 money in the fund reverts to the general fund of the county at any
28-8 time. The interest earned on the money in the fund, after
28-9 deducting any applicable charges, must be credited to the fund.
28-10 4. A director of juvenile services shall:
28-11 (a) Expend money from the fund only to finance a program of
28-12 cognitive training and human development; and
28-13 (b) If the source of the money is a grant, gift, donation,
28-14 bequest or devise, expend the money, to the extent permitted by
28-15 law, in accordance with the terms of the grant, gift, donation,
28-16 bequest or devise.
28-17 5. A director of juvenile services must authorize any
28-18 expenditure from the fund before it is made.
28-19 Sec. 91. 1. A director of juvenile services may establish a
28-20 program of restitution through work. A program of restitution
28-21 through work must:
28-22 (a) Include, but is not limited to, instruction in skills for
28-23 employment and work ethics; and
28-24 (b) Require a child who participates in the program to:
28-25 (1) With the assistance of the program and if practicable,
28-26 seek and obtain a position of employment with a public or private
28-27 employer; and
28-28 (2) Sign an authorization form that permits money to be
28-29 deducted from the wages of the child to pay restitution. The
28-30 director of juvenile services may prescribe the contents of
28-31 the authorization form and may determine the amount of money to
28-32 be deducted from the wages of the child to pay restitution, but the
28-33 director shall not require that more than 50 percent of the wages
28-34 of the child be deducted to pay restitution.
28-35 2. A program of restitution through work may include, but is
28-36 not limited to, cooperative agreements with public or private
28-37 employers to make available positions of employment for a child
28-38 who participates in the program.
28-39 3. A director of juvenile services may terminate participation
28-40 by a child in a program of restitution through work for any lawful
28-41 reason or purpose.
28-42 4. A director of juvenile services may contract with persons
28-43 and public or private entities that are qualified to operate or to
28-44 participate in a program of restitution through work.
28-45 5. A director of juvenile services may designate a person to
28-46 carry out the provisions of this section.
29-1 6. The provisions of this section do not:
29-2 (a) Create a right on behalf of a child to participate in a
29-3 program of restitution through work or to hold a position of
29-4 employment; or
29-5 (b) Establish a basis for any cause of action against the State
29-6 of Nevada or its officers or employees for denial of the ability to
29-7 participate in or for removal from a program of restitution
29-8 through work or for denial of or removal from a position of
29-9 employment.
29-10 Sec. 92. 1. To finance a program of restitution through
29-11 work, a director of juvenile services may establish, with the county
29-12 treasurer as custodian, a special fund to be known as the
29-13 restitution through work fund.
29-14 2. A director of juvenile services may apply for and accept
29-15 grants, gifts, donations, bequests or devises which the director
29-16 shall deposit with the county treasurer for credit to the fund.
29-17 3. The fund must be a separate and continuing fund, and no
29-18 money in the fund reverts to the general fund of the county at any
29-19 time. The interest earned on the money in the fund, after
29-20 deducting any applicable charges, must be credited to the fund.
29-21 4. A director of juvenile services shall:
29-22 (a) Expend money from the fund only to finance a program of
29-23 restitution through work; and
29-24 (b) If the source of the money is a grant, gift, donation,
29-25 bequest or devise, expend the money, to the extent permitted by
29-26 law, in accordance with the terms of the grant, gift, donation,
29-27 bequest or devise.
29-28 5. A director of juvenile services must authorize any
29-29 expenditure from the fund before it is made.
29-30 Sec. 93. 1. If the juvenile court orders a child or the parent
29-31 or guardian of the child, or both, to perform community service
29-32 pursuant to the provisions of this title, the child or parent or
29-33 guardian of the child, or both, must perform the community
29-34 service for and under the supervising authority of a county, city,
29-35 town or other political subdivision or agency of the State of
29-36 Nevada or a charitable organization that renders service to the
29-37 community or its residents, including, but not limited to:
29-38 (a) A public organization that works on public projects;
29-39 (b) A public agency that works on projects to eradicate graffiti;
29-40 or
29-41 (c) A private nonprofit organization that performs other
29-42 community service.
29-43 2. The person or entity who supervises the community service
29-44 shall make such reports to the juvenile court as the juvenile court
29-45 may require.
30-1 Sec. 94. 1. Except as otherwise provided in this section, if a
30-2 child is required to perform any work or community service
30-3 pursuant to the provisions of this title, the supervising entity shall
30-4 not allow the child to perform the work or community service on
30-5 or near a highway or in any other dangerous situation.
30-6 2. A supervising entity may allow a child to perform work or
30-7 community service on or near a controlled-access highway if:
30-8 (a) The child is not required to perform any work or service in
30-9 the median of the highway;
30-10 (b) The work or service is performed behind a guardrail or
30-11 other safety barrier;
30-12 (c) Appropriate warning signs are placed on the highway at
30-13 least 100 yards in front of the location where the child is working
30-14 from both directions, as appropriate based on the speed of the
30-15 vehicles traveling on the highway;
30-16 (d) A vehicle with an amber light placed on top of the vehicle
30-17 is placed at the site in a manner which shields the child from
30-18 traffic;
30-19 (e) The child is required to wear a reflective vest and an
30-20 orange hat;
30-21 (f) The supervising entity obtains written permission from the
30-22 parent or guardian of the child; and
30-23 (g) The supervising entity obtains written permission from and
30-24 complies with all safety rules of the governmental entity with
30-25 authority over the controlled-access highway.
30-26 3. A supervising entity may allow a child to perform work or
30-27 community service on or near a highway that does not have
30-28 controlled access if:
30-29 (a) The child is not required to perform any work or service in
30-30 the median of the highway;
30-31 (b) Appropriate warning signs are placed at least 100 yards in
30-32 front of the location where the child is working from both
30-33 directions, as appropriate based on the speed of the vehicles
30-34 traveling on the highway;
30-35 (c) A vehicle with an amber light placed on top of the vehicle is
30-36 placed at the site in a manner which shields the child from traffic;
30-37 (d) The child is required to wear a reflective vest and an
30-38 orange hat;
30-39 (e) The supervising entity obtains written permission from the
30-40 parent or guardian of the child; and
30-41 (f) The supervising entity obtains written permission from and
30-42 complies with all safety rules of the governmental entity with
30-43 authority over the highway.
30-44 4. Upon the request of the parent or guardian of the child
30-45 who is assigned to perform work or community service on or near
30-46 a highway pursuant to subsection 2 or 3, the supervising entity
31-1 shall make available to the parent or guardian information
31-2 regarding the nature of the work or community service to be
31-3 performed by the child and the specific location at which the work
31-4 or community service is to be performed.
31-5 5. As used in this section:
31-6 (a) “Controlled-access highway” means every highway to or
31-7 from which owners or occupants of abutting lands and other
31-8 persons have no legal right of access except at such points only
31-9 and in such manner as may be determined by a public authority.
31-10 (b) “Other dangerous situation” means any situation that
31-11 poses a reasonably foreseeable risk that serious bodily harm or
31-12 injury to a child could occur.
31-13 (c) “Supervising entity” means a person or entity that is
31-14 responsible for supervising children who are ordered to perform
31-15 work or community service pursuant to the provisions of this title.
31-16 Sec. 95. Title 5 of NRS is hereby amended by adding thereto a
31-17 new chapter to consist of the provisions set forth as sections 96 to
31-18 132, inclusive, of this act.
31-19 Sec. 96. 1. If a child is alleged to be delinquent or in need
31-20 of supervision, the juvenile court shall advise the child and the
31-21 parent or guardian of the child that the child is entitled to be
31-22 represented by an attorney at all stages of the proceedings.
31-23 2. If a parent or guardian of a child is indigent, the parent or
31-24 guardian may request the appointment of an attorney to represent
31-25 the child pursuant to the provisions in NRS 171.188.
31-26 3. Except as otherwise provided in this section, the juvenile
31-27 court shall appoint an attorney for a child if the parent or
31-28 guardian of the child does not retain an attorney for the child and
31-29 is not likely to retain an attorney for the child.
31-30 4. A child may waive the right to be represented by an
31-31 attorney if:
31-32 (a) A petition is not filed and the child is placed under
31-33 informal supervision pursuant to section 103 of this act; or
31-34 (b) A petition is filed and the record of the juvenile court
31-35 shows that the waiver of the right to be represented by an attorney
31-36 is made knowingly, intelligently, voluntarily and in accordance
31-37 with any applicable standards established by the juvenile court.
31-38 5. Except as otherwise provided in NRS 424.085, if the
31-39 juvenile court appoints an attorney to represent a child and:
31-40 (a) The parent or guardian of the child is not indigent, the
31-41 parent or guardian shall pay the reasonable fees and expenses of
31-42 the attorney.
31-43 (b) The parent or guardian of the child is indigent, the juvenile
31-44 court may order the parent or guardian to reimburse the county or
31-45 State in accordance with the ability of the parent or guardian to
31-46 pay.
32-1 6. A parent or guardian of a child who is alleged to be
32-2 delinquent or in need of supervision may be represented by an
32-3 attorney at all stages of the proceedings. The juvenile court may
32-4 not appoint an attorney for a parent or guardian, unless the
32-5 juvenile court:
32-6 (a) Finds that such an appointment is required in the interests
32-7 of justice; and
32-8 (b) Specifies in the record the reasons for the appointment.
32-9 7. Each attorney, other than a public defender, who is
32-10 appointed under the provisions of this section is entitled to the
32-11 same compensation and expenses from the county as is provided
32-12 in NRS 7.125 and 7.135 for attorneys appointed to represent
32-13 persons charged with criminal offenses.
32-14 Sec. 97. 1. A clerk of the court may allow any of the
32-15 following documents to be filed electronically:
32-16 (a) A petition prepared and signed by the district attorney
32-17 pursuant to section 99 or 100 of this act.
32-18 (b) A document relating to proceedings conducted pursuant to
32-19 sections 118 to 129, inclusive, of this act.
32-20 (c) A study and report prepared pursuant to section 141 of this
32-21 act.
32-22 2. Any document that is filed electronically pursuant to this
32-23 section must contain an image of the signature of the person who
32-24 is filing the document.
32-25 Sec. 98. In proceedings conducted pursuant to the provisions
32-26 of this title:
32-27 1. A party to a petition must not be charged any court fees or
32-28 witness fees.
32-29 2. A salaried officer of this state or of any political
32-30 subdivision of this state is not entitled to receive any fee for the
32-31 officer’s services or attendance in the juvenile court.
32-32 3. Any other person acting under orders of the juvenile court
32-33 may receive a fee for service of process, for serving as a witness or
32-34 for his services and attendance in juvenile court. The fee must be
32-35 paid:
32-36 (a) In an amount as provided by law for like services in cases
32-37 before the district court; and
32-38 (b) By the county, after the juvenile court has certified the
32-39 amount to be paid.
32-40 Sec. 99. 1. When a complaint is made alleging that a child
32-41 is delinquent or in need of supervision:
32-42 (a) The complaint must be referred to a probation officer of
32-43 the appropriate county; and
32-44 (b) The probation officer shall conduct a preliminary inquiry
32-45 to determine whether the best interests of the child or of the
32-46 public:
33-1 (1) Require that a petition be filed; or
33-2 (2) Would better be served by placing the child under
33-3 informal supervision pursuant to section 103 of this act.
33-4 2. If, after conducting the preliminary inquiry, the probation
33-5 officer recommends the filing of a petition, the district attorney
33-6 shall determine whether to file the petition.
33-7 3. If, after conducting the preliminary inquiry, the probation
33-8 officer does not recommend the filing of a petition or that the child
33-9 be placed under informal supervision, the probation officer must
33-10 notify the complainant regarding the complainant’s right to seek a
33-11 review of the complaint by the district attorney.
33-12 4. If the complainant seeks a review of the complaint by the
33-13 district attorney, the district attorney shall:
33-14 (a) Review the facts presented by the complainant;
33-15 (b) Consult with the probation officer; and
33-16 (c) File the petition with the juvenile court if the district
33-17 attorney believes that the filing of the petition is necessary to
33-18 protect the interests of the child or of the public.
33-19 5. The determination of the district attorney concerning
33-20 whether to file the petition is final.
33-21 6. Except as otherwise provided in section 116 of this act, if a
33-22 child is in detention or shelter care, the child must be released
33-23 immediately if a petition alleging that the child is delinquent or in
33-24 need of supervision is not:
33-25 (a) Approved by the district attorney; or
33-26 (b) Filed within 8 days after the date the complaint was
33-27 referred to the probation officer.
33-28 Sec. 100. 1. Before a petition alleging delinquency or need
33-29 of supervision or a petition for revocation may be filed with the
33-30 juvenile court, the district attorney must prepare and sign the
33-31 petition. The district attorney shall represent the petitioner in all
33-32 proceedings.
33-33 2. The petition must be:
33-34 (a) Entitled, “In the Matter of ................, a child”; and
33-35 (b) Verified by the person who signs it.
33-36 3. The petition must set forth specifically:
33-37 (a) The facts which bring the child within the jurisdiction of
33-38 the juvenile court and the date when delinquency occurred or need
33-39 of supervision arose.
33-40 (b) The name, date of birth and address of the residence of the
33-41 child.
33-42 (c) The name and address of the residence of the parent or
33-43 guardian of the child. If the parent or guardian of the child does
33-44 not reside or cannot be found within this state, or if the address of
33-45 the parent or guardian is unknown:
34-1 (1) The name of any known adult relative residing within
34-2 this state; or
34-3 (2) If no known adult relative resides within this state, the
34-4 known adult relative residing nearest to the juvenile court.
34-5 (d) The name and address of the spouse of the child, if any.
34-6 (e) Whether the child is in custody and, if so, the place of
34-7 detention and the time the child was taken into custody.
34-8 4. If any of the facts required by subsection 3 are not known,
34-9 the petition must so state.
34-10 Sec. 101. 1. In addition to the information required
34-11 pursuant to section 100 of this act, a petition alleging that a child
34-12 is in need of supervision must contain the following information
34-13 regarding efforts made to modify the behavior of the child:
34-14 (a) A list of the local programs to which the child was referred;
34-15 and
34-16 (b) Other efforts taken in the community.
34-17 2. If a petition is filed alleging that a child is in need of
34-18 supervision and the child previously has not been found to be
34-19 within the purview of this title, the juvenile court:
34-20 (a) Shall admonish the child to obey the law and to refrain
34-21 from repeating the acts for which the petition was filed;
34-22 (b) Shall maintain a record of the admonition;
34-23 (c) Shall refer the child to services available in the community
34-24 for counseling, behavioral modification and social adjustment;
34-25 and
34-26 (d) Shall not adjudicate the child to be in need of supervision,
34-27 unless a subsequent petition based upon additional facts is filed
34-28 with the juvenile court after admonition and referral pursuant to
34-29 this subsection.
34-30 3. If a child is not subject to the provisions of subsection 2,
34-31 the juvenile court may not adjudicate the child to be in need of
34-32 supervision unless the juvenile court expressly finds that
34-33 reasonable efforts were taken in the community to assist the child
34-34 in ceasing the behavior for which the child is alleged to be in need
34-35 of supervision.
34-36 4. The provisions of this section do not apply to a child who is
34-37 alleged to be in need of supervision because the child is a habitual
34-38 truant.
34-39 Sec. 102. 1. If a petition filed pursuant to the provisions of
34-40 this title contains allegations that a child committed an unlawful
34-41 act which would have been a sexual offense if committed by an
34-42 adult or which involved the use or threatened use of force or
34-43 violence against the victim, the district attorney shall provide to
34-44 the victim and, if the victim is less than 18 years of age, to the
34-45 parent or guardian of the victim, as soon as practicable after the
34-46 petition is filed, documentation that includes:
35-1 (a) A form advising the victim and the parent or guardian of
35-2 the victim of their rights pursuant to the provisions of this title;
35-3 and
35-4 (b) The form or procedure that must be used to request
35-5 disclosure pursuant to section 127 of this act.
35-6 2. As used in this section, “sexual offense” means:
35-7 (a) Sexual assault pursuant to NRS 200.366;
35-8 (b) Battery with intent to commit sexual assault pursuant to
35-9 NRS 200.400;
35-10 (c) An offense involving pornography and a minor pursuant to
35-11 NRS 200.710 to 200.730, inclusive;
35-12 (d) Open or gross lewdness pursuant to NRS 201.210;
35-13 (e) Indecent or obscene exposure pursuant to NRS 201.220;
35-14 (f) Lewdness with a child pursuant to NRS 201.230;
35-15 (g) Sexual penetration of a dead human body pursuant to
35-16 NRS 201.450;
35-17 (h) Annoyance or molestation of a minor pursuant to
35-18 NRS 207.260; or
35-19 (i) An attempt to commit an offense listed in this subsection.
35-20 Sec. 103. 1. When a complaint is made alleging that a child
35-21 is delinquent or in need of supervision, the child may be placed
35-22 under the informal supervision of a probation officer if:
35-23 (a) The child voluntarily admits participation in the acts
35-24 alleged in the complaint; and
35-25 (b) The district attorney gives written approval for placement
35-26 of the child under informal supervision, if any of the acts alleged
35-27 in the complaint are unlawful acts that would have constituted a
35-28 gross misdemeanor or felony if committed by an adult.
35-29 2. If the probation officer recommends placing the child
35-30 under informal supervision, the probation officer must advise the
35-31 child and the parent or guardian of the child that they may refuse
35-32 informal supervision.
35-33 3. The child must enter into an agreement for informal
35-34 supervision voluntarily and intelligently:
35-35 (a) With the advice of the attorney for the child; or
35-36 (b) If the child is not represented by an attorney, with the
35-37 consent of the parent or guardian of the child.
35-38 4. If the child is placed under informal supervision:
35-39 (a) The terms and conditions of the agreement for informal
35-40 supervision must be stated clearly in writing. The terms and
35-41 conditions of the agreement may include, but are not limited to,
35-42 the requirements set forth in section 104 of this act.
35-43 (b) The agreement must be signed by all parties.
35-44 (c) A copy of the agreement must be given to:
35-45 (1) The child;
35-46 (2) The parent or guardian of the child;
36-1 (3) The attorney for the child, if any; and
36-2 (4) The probation officer, who shall retain a copy in his file
36-3 for the case.
36-4 5. The period of informal supervision must not exceed 180
36-5 days. The child and the parent or guardian of the child may
36-6 terminate the agreement at any time by requesting the filing of a
36-7 petition for formal adjudication.
36-8 6. The district attorney may not file a petition against the
36-9 child based on any acts for which the child was placed under
36-10 informal supervision unless the district attorney files the petition
36-11 not later than 180 days after the date the child entered into the
36-12 agreement for informal supervision. If the district attorney files a
36-13 petition against the child within that period, the child may
36-14 withdraw the admission that the child made pursuant to
36-15 subsection 1.
36-16 7. If the child successfully completes the terms and conditions
36-17 of the agreement for informal supervision, the juvenile court may
36-18 dismiss any petition filed against the child that is based on any
36-19 acts for which the child was placed under informal supervision.
36-20 Sec. 104. 1. An agreement for informal supervision may
36-21 require the child to:
36-22 (a) Perform community service or provide restitution to any
36-23 victim of the acts for which the child was referred to the probation
36-24 officer;
36-25 (b) Participate in a program of restitution through work that is
36-26 established pursuant to section 91 of this act if the child:
36-27 (1) Is 14 years of age or older;
36-28 (2) Has never been found to be within the purview of this
36-29 title for an unlawful act that involved the use or threatened use of
36-30 force or violence against a victim and has never been found to
36-31 have committed such an unlawful act in any other jurisdiction;
36-32 (3) Is required to provide restitution to a victim; and
36-33 (4) Voluntarily agrees to participate in the program of
36-34 restitution through work.
36-35 (c) Complete a program of cognitive training and human
36-36 development pursuant to section 89 of this act if:
36-37 (1) The child has never been found to be within the purview
36-38 of this title; and
36-39 (2) The unlawful act for which the child is found to be
36-40 within the purview of this title did not involve the use or
36-41 threatened use of force or violence against a victim; or
36-42 (d) Engage in any combination of the activities set forth in this
36-43 subsection.
36-44 2. If the agreement for informal supervision requires the
36-45 child to participate in a program of restitution through work or
36-46 complete a program of cognitive training and human
37-1 development, the agreement may also require any or all of the
37-2 following, in the following order of priority if practicable:
37-3 (a) The child or the parent or guardian of the child, or both, to
37-4 the extent of their financial ability, to pay the costs associated with
37-5 the participation of the child in the program, including, but not
37-6 limited to:
37-7 (1) A reasonable sum of money to pay for the cost of
37-8 policies of insurance against liability for personal injury and
37-9 damage to property during those periods in which the child
37-10 participates in the program or performs work; and
37-11 (2) In the case of a program of restitution through work,
37-12 for industrial insurance, unless the industrial insurance is
37-13 provided by the employer for which the child performs the work;
37-14 or
37-15 (b) The child to work on projects or perform community
37-16 service for a period that reflects the costs associated with the
37-17 participation of the child in the program.
37-18 Sec. 105. Upon the request of the juvenile court, a probation
37-19 officer shall file with the juvenile court a report of:
37-20 1. The number of children placed under informal supervision
37-21 during the previous year;
37-22 2. The conditions imposed in each case; and
37-23 3. The number of cases that were successfully completed
37-24 without the filing of a petition.
37-25 Sec. 106. 1. If the district attorney files a petition with the
37-26 juvenile court, the juvenile court may:
37-27 (a) Dismiss the petition without prejudice and refer the child to
37-28 the probation officer for informal supervision pursuant to section
37-29 103 of this act; or
37-30 (b) Place the child under the supervision of the juvenile court
37-31 pursuant to a supervision and consent decree, without a formal
37-32 adjudication of delinquency, if the juvenile court receives:
37-33 (1) The recommendation of the probation officer;
37-34 (2) The written approval of the district attorney; and
37-35 (3) The written consent and approval of the child and the
37-36 parent or guardian of the child.
37-37 2. If a child is placed under the supervision of the juvenile
37-38 court pursuant to a supervision and consent decree, the juvenile
37-39 court may dismiss the petition if the child successfully completes
37-40 the terms and conditions of the supervision and consent decree.
37-41 3. If the petition is dismissed:
37-42 (a) The child may respond to any inquiry concerning the
37-43 proceedings and events which brought about the proceedings as if
37-44 they had not occurred; and
38-1 (b) The records concerning a supervision and consent decree
38-2 may be considered in a subsequent proceeding before the juvenile
38-3 court regarding that child.
38-4 Sec. 107. 1. After a petition has been filed and after such
38-5 further investigation as the juvenile court may direct, the juvenile
38-6 court shall direct the clerk of the court to issue a summons that:
38-7 (a) Requires the person who has care and custody of the child
38-8 to:
38-9 (1) Appear personally; and
38-10 (2) Bring the child before the juvenile court at the time and
38-11 place stated in the summons;
38-12 (b) Informs the person who has care and custody of the child
38-13 of the child’s right to be represented by an attorney at the initial
38-14 hearing, as provided in section 96 of this act; and
38-15 (c) Has a copy of the petition attached.
38-16 2. If the person summoned pursuant to subsection 1 is not the
38-17 parent or guardian of the child, the clerk of the court must notify
38-18 the parent or guardian by a similar summons of:
38-19 (a) The pendency of the case; and
38-20 (b) The time and place for the proceeding involving the child.
38-21 3. The juvenile court may direct the clerk of the court to issue
38-22 a summons requiring the appearance of any other person whose
38-23 presence at the proceeding is necessary, as determined by the
38-24 juvenile court.
38-25 4. The clerk of the court is not required to issue a summons if
38-26 the person to be summoned voluntarily appears.
38-27 5. If, based on the condition or surroundings of the child, the
38-28 juvenile court determines that it is in the best interests of the child
38-29 or the public to require the appropriate agency of the judicial
38-30 district or the Division of Child and Family Services to assume
38-31 care and custody of the child, the juvenile court may order, by
38-32 endorsement upon the summons, that the person serving the
38-33 summons deliver the child to a probation officer for placement
38-34 with a suitable person or in an appropriate facility where the child
38-35 must remain until further order of the juvenile court.
38-36 Sec. 108. 1. Except as otherwise provided in this section, a
38-37 summons must be served personally by the delivery of a true copy
38-38 to the person summoned.
38-39 2. If the juvenile court determines that it is impracticable to
38-40 serve a summons personally, the juvenile court may order the
38-41 summons to be served by:
38-42 (a) Registered mail or certified mail addressed to the last
38-43 known address; or
38-44 (b) Publication,
38-45 or both.
39-1 3. The service of a summons is sufficient to confer
39-2 jurisdiction if the summons is served at least 48 hours before the
39-3 time fixed in the summons for its return.
39-4 4. Any person over 18 years of age may serve any summons,
39-5 process or notice required by the provisions of this title.
39-6 5. The county shall pay all necessary expenses for the service
39-7 of any summons, process or notice required by the provisions of
39-8 this title.
39-9 Sec. 109. 1. The juvenile court may issue a writ for the
39-10 attachment of a child or the parent or guardian of the child, or
39-11 both, and command a probation officer or peace officer to bring
39-12 before the juvenile court, at the time and place stated, the person
39-13 or persons named in the writ if:
39-14 (a) A summons cannot be served;
39-15 (b) The person or persons served fail to obey the summons; or
39-16 (c) The juvenile court determines that:
39-17 (1) The service will be ineffectual; or
39-18 (2) The welfare of the child requires that the child be
39-19 brought immediately into the custody of the juvenile court.
39-20 2. A person who violates a writ or any order of the juvenile
39-21 court issued pursuant to this section may be punished for
39-22 contempt.
39-23 Sec. 110. 1. If a child commits a criminal offense in this
39-24 state and the child flees to another state, the Governor shall
39-25 request extradition of the child from the other state to this state
39-26 according to the other state’s procedure for the extradition of
39-27 adults.
39-28 2. If a child commits a criminal offense in another state and
39-29 the child flees to this state, the child may be extradited to the other
39-30 state in accordance with the provisions of NRS 179.177 to
39-31 179.235, inclusive, except that while the child is awaiting
39-32 extradition, the child must be detained in a facility for the
39-33 detention of children if space is available.
39-34 Sec. 111. Except as otherwise provided in this title and
39-35 NRS 484.383:
39-36 1. A peace officer or probation officer may take into custody
39-37 any child:
39-38 (a) Who the officer has probable cause to believe is violating
39-39 or has violated any state or local law, ordinance, or rule or
39-40 regulation having the force of law; or
39-41 (b) Whose conduct indicates that the child is in need of
39-42 supervision.
39-43 2. If a child is taken into custody:
39-44 (a) The officer shall, without undue delay, attempt to notify, if
39-45 known, the parent or guardian of the child;
40-1 (b) The facility in which the child is detained shall, without
40-2 undue delay:
40-3 (1) Notify a probation officer; and
40-4 (2) Attempt to notify, if known, the parent or guardian of
40-5 the child if such notification was not accomplished pursuant to
40-6 paragraph (a); and
40-7 (c) Unless it is impracticable or inadvisable or has been
40-8 otherwise ordered by the juvenile court, the child must be released
40-9 to the custody of a parent or guardian or another responsible adult
40-10 who has signed a written agreement to bring the child before the
40-11 juvenile court at a time stated in the agreement or as the juvenile
40-12 court may direct. The written agreement must be submitted to the
40-13 juvenile court as soon as possible. If the person fails to produce
40-14 the child at the time stated in the agreement or upon a summons
40-15 from the juvenile court, a writ may be issued for the attachment of
40-16 the person or of the child requiring that the person or child, or
40-17 both, be brought before the juvenile court at a time stated in the
40-18 writ.
40-19 3. If a child who is taken into custody is not released
40-20 pursuant to subsection 2:
40-21 (a) The child must be taken without unnecessary delay to:
40-22 (1) The juvenile court; or
40-23 (2) The place of detention designated by the juvenile court
40-24 and, as soon as possible thereafter, the fact of detention must be
40-25 reported to the juvenile court; and
40-26 (b) Pending further disposition of the case, the juvenile court
40-27 may order that the child be:
40-28 (1) Released to the custody of a parent or guardian or
40-29 another person appointed by the juvenile court;
40-30 (2) Detained in a place designated by the juvenile court,
40-31 subject to further order of the juvenile court; or
40-32 (3) Conditionally released for supervised detention at the
40-33 home of the child in lieu of detention at a facility for the detention
40-34 of children. The supervised detention at the home of the child may
40-35 include electronic surveillance of the child.
40-36 4. In determining whether to release a child pursuant to this
40-37 section to a person other than a parent or guardian, the juvenile
40-38 court shall give preference to any person who is related to the
40-39 child within the third degree of consanguinity if the juvenile court
40-40 finds that the person is suitable and able to provide proper care
40-41 and guidance for the child.
40-42 Sec. 112. 1. A child must not be released from custody
40-43 sooner than 12 hours after the child is taken into custody if the
40-44 child is taken into custody for committing a battery that constitutes
40-45 domestic violence pursuant to NRS 33.018.
41-1 2. A child must not be released from custody sooner than 12
41-2 hours after the child is taken into custody if:
41-3 (a) The child is taken into custody for violating a temporary or
41-4 extended order for protection against domestic violence issued
41-5 pursuant to NRS 33.017 to 33.100, inclusive, or for violating a
41-6 restraining order or injunction that is in the nature of a temporary
41-7 or extended order for protection against domestic violence issued
41-8 in an action or proceeding brought pursuant to title 11 of NRS;
41-9 and
41-10 (b) The peace officer or probation officer who has taken the
41-11 child into custody determines that such a violation is accompanied
41-12 by a direct or indirect threat of harm.
41-13 3. For the purposes of this section, an order or injunction is
41-14 in the nature of a temporary or extended order for protection
41-15 against domestic violence if it grants relief that might be given in a
41-16 temporary or extended order issued pursuant to NRS 33.017 to
41-17 33.100, inclusive.
41-18 Sec. 113. 1. If a child is not alleged to be delinquent or in
41-19 need of supervision, the child must not, at any time, be confined or
41-20 detained in:
41-21 (a) A facility for the secure detention of children; or
41-22 (b) Any police station, lockup, jail, prison or other facility in
41-23 which adults are detained or confined.
41-24 2. If a child is alleged to be delinquent or in need of
41-25 supervision, the child must not, before disposition of the case, be
41-26 detained in a facility for the secure detention of children unless
41-27 there is probable cause to believe that:
41-28 (a) If the child is not detained, the child is likely to commit an
41-29 offense dangerous to himself or to the community, or likely to
41-30 commit damage to property;
41-31 (b) The child will run away or be taken away so as to be
41-32 unavailable for proceedings of the juvenile court or to its officers;
41-33 (c) The child was taken into custody and brought before a
41-34 probation officer pursuant to a court order or warrant; or
41-35 (d) The child is a fugitive from another jurisdiction.
41-36 3. If a child is less than 18 years of age, the child must not, at
41-37 any time, be confined or detained in any police station, lockup,
41-38 jail, prison or other facility where the child has regular contact
41-39 with any adult who is confined or detained in the facility and who
41-40 has been convicted of a criminal offense or charged with a
41-41 criminal offense, unless:
41-42 (a) The child is alleged to be delinquent;
41-43 (b) An alternative facility is not available; and
41-44 (c) The child is separated by sight and sound from any adults
41-45 who are confined or detained in the facility.
42-1 4. During the pendency of a proceeding involving a criminal
42-2 offense excluded from the original jurisdiction of the juvenile
42-3 court pursuant to section 47 of this act, a child may petition the
42-4 juvenile court for temporary placement in a facility for the
42-5 detention of children.
42-6 Sec. 114. 1. If a child who is alleged to be delinquent is
42-7 taken into custody and detained, the child must be given a
42-8 detention hearing before the juvenile court:
42-9 (a) Not later than 24 hours after the child submits a written
42-10 application;
42-11 (b) In a county whose population is less than 100,000, not later
42-12 than 24 hours after the commencement of detention at a police
42-13 station, lockup, jail, prison or other facility in which adults are
42-14 detained or confined;
42-15 (c) In a county whose population is 100,000 or more, not later
42-16 than 6 hours after the commencement of detention at a police
42-17 station, lockup, jail, prison or other facility in which adults are
42-18 detained or confined; or
42-19 (d) Not later than 72 hours after the commencement of
42-20 detention at a facility in which adults are not detained or
42-21 confined,
42-22 whichever occurs first, excluding Saturdays, Sundays and
42-23 holidays.
42-24 2. A child must not be released after a detention hearing
42-25 without the written consent of the juvenile court.
42-26 Sec. 115. 1. Except as otherwise provided in this section, if
42-27 a child who is alleged to be in need of supervision is taken into
42-28 custody and detained, the child must be released not later than 24
42-29 hours, excluding Saturdays, Sundays and holidays, after the
42-30 child’s initial contact with a peace officer or probation officer to:
42-31 (a) A parent or guardian of the child;
42-32 (b) Any other person who is able to provide adequate care and
42-33 supervision for the child; or
42-34 (c) Shelter care.
42-35 2. A child does not have to be released pursuant to
42-36 subsection 1 if the juvenile court:
42-37 (a) Holds a detention hearing;
42-38 (b) Determines that the child:
42-39 (1) Has threatened to run away from home or from the
42-40 shelter;
42-41 (2) Is accused of violent behavior at home; or
42-42 (3) Is accused of violating the terms of a supervision and
42-43 consent decree; and
42-44 (c) Determines that the child needs to be detained to make an
42-45 alternative placement for the child.
43-1 The child may be detained for an additional 24 hours but not more
43-2 than 48 hours after the detention hearing, excluding Saturdays,
43-3 Sundays and holidays.
43-4 3. A child does not have to be released pursuant to this
43-5 section if the juvenile court:
43-6 (a) Holds a detention hearing; and
43-7 (b) Determines that the child:
43-8 (1) Is a ward of a federal court or held pursuant to a
43-9 federal statute;
43-10 (2) Has run away from another state and a jurisdiction
43-11 within that state has issued a want, warrant or request for the
43-12 child; or
43-13 (3) Is accused of violating a valid court order.
43-14 The child may be detained for an additional period as necessary
43-15 for the juvenile court to return the child to the jurisdiction from
43-16 which the child originated or to make an alternative placement for
43-17 the child.
43-18 4. For the purposes of this section, an alternative placement
43-19 must be in a facility in which there are no physical restraining
43-20 devices or barriers.
43-21 Sec. 116. 1. If a peace officer or probation officer has
43-22 probable cause to believe that a child is committing or has
43-23 committed an unlawful act that involves the possession, use or
43-24 threatened use of a firearm, the officer shall take the child into
43-25 custody.
43-26 2. If a child is taken into custody for an unlawful act
43-27 described in this section, the child must not be released before a
43-28 detention hearing is held pursuant to section 114 of this act.
43-29 3. At the detention hearing, the juvenile court shall determine
43-30 whether to order the child to be evaluated by a qualified
43-31 professional.
43-32 4. If the juvenile court orders the child to be evaluated by a
43-33 qualified professional, the evaluation must be completed not later
43-34 than 14 days after the detention hearing. Until the evaluation is
43-35 completed, the child must be:
43-36 (a) Detained at a facility for the detention of children; or
43-37 (b) Placed under a program of supervision in the home of the
43-38 child that may include electronic surveillance of the child.
43-39 5. If a child is evaluated by a qualified professional pursuant
43-40 to this section, the statements made by the child to the qualified
43-41 professional during the evaluation and any evidence directly or
43-42 indirectly derived from those statements may not be used for any
43-43 purpose in a proceeding which is conducted to prove that the child
43-44 committed a delinquent act or criminal offense. The provisions of
43-45 this subsection do not prohibit the district attorney from proving
43-46 that the child committed a delinquent act or criminal offense
44-1 based upon evidence obtained from sources or by means that are
44-2 independent of the statements made by the child to the qualified
44-3 professional during the evaluation.
44-4 Sec. 117. 1. If a child is stopped by a peace officer for a
44-5 violation of any traffic law or ordinance which is punishable as a
44-6 misdemeanor, the peace officer may prepare and issue a traffic
44-7 citation pursuant to the same criteria as would apply to an adult
44-8 violator.
44-9 2. If a child who is issued a traffic citation executes a written
44-10 promise to appear in court by signing the citation, the officer:
44-11 (a) Shall deliver a copy of the citation to the child; and
44-12 (b) Shall not take the child into physical custody for the
44-13 violation.
44-14 Sec. 118. 1. Each proceeding conducted pursuant to the
44-15 provisions of this title:
44-16 (a) Is not criminal in nature.
44-17 (b) Must be heard separately from the trial of cases against
44-18 adults.
44-19 (c) Must be heard without a jury.
44-20 (d) May be conducted in an informal manner.
44-21 (e) May be held at a facility for the detention of children or
44-22 elsewhere at the discretion of the juvenile court.
44-23 (f) Does not require stenographic notes or any other transcript
44-24 of the proceeding unless ordered by the juvenile court.
44-25 2. Except as otherwise provided in this subsection, each
44-26 proceeding conducted pursuant to the provisions of this title must
44-27 be open to the public. If the juvenile court determines that all or
44-28 part of the proceeding must be closed to the public because the
44-29 closure is in the best interests of the child or the public:
44-30 (a) The public must be excluded; and
44-31 (b) The juvenile court may order that only those persons who
44-32 have a direct interest in the case may be admitted. The juvenile
44-33 court may determine that a victim or any member of the victim’s
44-34 family is a person who has a direct interest in the case and may be
44-35 admitted.
44-36 Sec. 119. 1. At the child’s first appearance at intake and
44-37 before the juvenile court, the child must be:
44-38 (a) Advised of his rights;
44-39 (b) Informed of the specific allegations in the petition; and
44-40 (c) Given an opportunity to admit or deny those allegations.
44-41 2. If the child denies the allegations in the petition, the
44-42 juvenile court shall:
44-43 (a) Conduct an adjudicatory hearing concerning the
44-44 allegations; and
44-45 (b) Record its findings on whether the allegations have been
44-46 established.
45-1 3. If the child is alleged to be in need of supervision, the
45-2 allegations in the petition must be established by a preponderance
45-3 of the evidence based upon competent, material and relevant
45-4 evidence.
45-5 4. If the child is alleged to have committed a delinquent act,
45-6 the allegations in the petition must be established by proof beyond
45-7 a reasonable doubt based upon competent, material and relevant
45-8 evidence.
45-9 5. If the juvenile court finds that the allegations in the
45-10 petition have not been established, the juvenile court shall dismiss
45-11 the petition and order that the child be discharged from any
45-12 facility for the detention of children or temporary care, unless
45-13 otherwise ordered by the juvenile court.
45-14 6. If the juvenile court finds that the allegations in the
45-15 petition have been established, the juvenile court shall make a
45-16 proper disposition of the case.
45-17 Sec. 120. 1. If a proceeding conducted pursuant to the
45-18 provisions of this title involves the placement of an Indian child
45-19 into foster care, the juvenile court shall:
45-20 (a) Cause the Indian child’s tribe to be notified in writing in
45-21 the manner provided in the Indian Child Welfare Act. If the
45-22 Indian child is eligible for membership in more than one tribe,
45-23 each tribe must be notified.
45-24 (b) Transfer the proceedings to the Indian child’s tribe in
45-25 accordance with the Indian Child Welfare Act or, if a tribe
45-26 declines or is unable to exercise jurisdiction, exercise jurisdiction
45-27 as provided in the Indian Child Welfare Act.
45-28 2. If the juvenile court determines that the parent of an
45-29 Indian child for whom foster care is sought is indigent, the
45-30 juvenile court, as provided in the Indian Child Welfare Act:
45-31 (a) Shall appoint an attorney to represent the parent;
45-32 (b) May appoint an attorney to represent the Indian child; and
45-33 (c) May apply to the Secretary of the Interior for the payment
45-34 of the fees and expenses of such an attorney.
45-35 Sec. 121. In a proceeding involving an Indian child, the
45-36 juvenile court shall give full faith and credit to the judicial
45-37 proceedings of an Indian tribe to the same extent that the Indian
45-38 tribe gives full faith and credit to the judicial proceedings of the
45-39 courts of this state.
45-40 Sec. 122. 1. Upon the request of the district attorney, the
45-41 juvenile court may expedite any proceeding conducted pursuant to
45-42 the provisions of this title that involves an act committed against a
45-43 person who is less than 16 years of age or an act witnessed by a
45-44 person who is less than 16 years of age.
45-45 2. In determining whether to expedite a proceeding, the
45-46 juvenile court may consider the effect that a delay in the
46-1 proceeding may have on the mental or emotional health or
46-2 well-being of the person who is less than 16 years of age.
46-3 Sec. 123. 1. In each proceeding conducted pursuant to
46-4 the provisions of this title, the juvenile court may issue and, upon
46-5 the request of any party to the proceeding, the clerk of the court
46-6 shall issue subpoenas that require:
46-7 (a) The attendance and testimony of witnesses; and
46-8 (b) The production of records, documents or other tangible
46-9 objects.
46-10 2. In each proceeding conducted pursuant to the provisions
46-11 of this title that involves a child who is alleged to be delinquent or
46-12 in need of supervision, the district attorney or the attorney for the
46-13 child may issue subpoenas pursuant to NRS 174.315 and 174.335
46-14 that require:
46-15 (a) The attendance and testimony of witnesses; and
46-16 (b) The production of records, documents or other tangible
46-17 objects.
46-18 Sec. 124. 1. The juvenile court may continue any
46-19 proceeding conducted pursuant to the provisions of this title for a
46-20 reasonable period to receive oral and written reports or other
46-21 competent, material and relevant evidence that may be helpful in
46-22 determining the issues presented.
46-23 2. If a proceeding involves an act committed against a person
46-24 who is less than 16 years of age or an act witnessed by a person
46-25 who is less than 16 years of age, the juvenile court:
46-26 (a) May consider any adverse effects that a continuance of the
46-27 proceeding may have on the mental or emotional health or
46-28 well-being of the person who is less than 16 years of age; and
46-29 (b) May deny a continuance of the proceeding if the delay will
46-30 adversely affect the mental or emotional health or well-being of
46-31 the person who is less than 16 years of age.
46-32 3. If the juvenile court orders a continuance of a proceeding,
46-33 the juvenile court shall make an appropriate order for the
46-34 detention or temporary care of the child who is the subject of
46-35 the proceeding during the period of the continuance.
46-36 Sec. 125. 1. In each proceeding conducted pursuant to the
46-37 provisions of this title, the juvenile court may:
46-38 (a) Receive all competent, material and relevant evidence that
46-39 may be helpful in determining the issues presented, including, but
46-40 not limited to, oral and written reports; and
46-41 (b) Rely on such evidence to the extent of its probative value.
46-42 2. The juvenile court shall afford the parties and their
46-43 attorneys an opportunity to examine and controvert each written
46-44 report that is received into evidence and to cross-examine each
46-45 person who made the written report, when reasonably available.
47-1 Sec. 126. 1. Except as otherwise provided in this section,
47-2 the juvenile court shall make its final disposition of a case not
47-3 later than 60 days after the date on which the petition in the case
47-4 was filed.
47-5 2. The juvenile court may extend the time for final disposition
47-6 of a case if the juvenile court files an order setting forth specific
47-7 reasons for the extension:
47-8 (a) Not later than 60 days after the date on which the petition
47-9 in the case was filed; or
47-10 (b) Later than 60 days after the date on which the petition in
47-11 the case was filed, if the juvenile court finds that the extension
47-12 would serve the interests of justice. In determining whether an
47-13 extension would serve the interests of justice, the juvenile court
47-14 shall consider:
47-15 (1) The gravity of the act alleged in the case;
47-16 (2) The reasons for any delay in the disposition of the case;
47-17 and
47-18 (3) The potential consequences to the child, any victim and
47-19 the public of not extending the time for final disposition of the
47-20 case.
47-21 3. The juvenile court shall not extend the time for final
47-22 disposition of a case beyond 1 year from the date on which the
47-23 petition in the case was filed.
47-24 Sec. 127. 1. The prosecuting attorney shall disclose to the
47-25 victim of an act committed by a child the disposition of the child’s
47-26 case regarding that act if:
47-27 (a) The victim requests such a disclosure; or
47-28 (b) If the victim is less than 18 years of age, the parent or
47-29 guardian of the victim requests such a disclosure.
47-30 2. All personal information pertaining to the victim or the
47-31 parent or guardian of the victim, including, but not limited to, a
47-32 current or former address, which is obtained by the prosecuting
47-33 attorney pursuant to this section, is confidential and must not be
47-34 used for a purpose other than that provided for in this section.
47-35 Sec. 128. Appeals from the orders of the juvenile court may
47-36 be taken to the Supreme Court in the same manner as appeals in
47-37 civil cases are taken.
47-38 Sec. 129. 1. If a child is prosecuted for an offense in a
47-39 juvenile proceeding, the child may not be prosecuted again for the
47-40 same offense in another juvenile proceeding or in a criminal
47-41 proceeding as an adult.
47-42 2. For the purposes of this section:
47-43 (a) A child is prosecuted for an offense in a juvenile
47-44 proceeding if:
48-1 (1) The district attorney files a petition against the child
48-2 pursuant to the provisions of this title alleging that the child
48-3 committed a delinquent act; and
48-4 (2) The juvenile court accepts the child’s admission of the
48-5 facts alleged in the petition or, at an adjudicatory hearing to
48-6 determine culpability, the juvenile court begins to take evidence on
48-7 the facts alleged in the petition.
48-8 (b) An offense is the same offense if it is:
48-9 (1) The offense alleged in the petition; or
48-10 (2) An offense based upon the same conduct as that alleged
48-11 in the petition.
48-12 Sec. 130. 1. If a parent or guardian of a child appears with
48-13 or on behalf of the child at a detention hearing, the juvenile court
48-14 shall provide to the parent or guardian a certificate of attendance
48-15 which the parent or guardian may provide to his employer.
48-16 2. A certificate of attendance:
48-17 (a) Must set forth the date and time of appearance and the
48-18 provisions of section 132 of this act; and
48-19 (b) Must not set forth the name of the child or the offense
48-20 alleged.
48-21 Sec. 131. 1. For any proceeding after the initial detention
48-22 hearing, written notice of the proceeding and a copy of the notice
48-23 which the parents and guardians may provide to their employers
48-24 must be provided to all parents and guardians of the child.
48-25 2. The written notice of the proceeding and the copy of the
48-26 notice:
48-27 (a) Must set forth the date and time of the proceeding and the
48-28 provisions of section 132 of this act; and
48-29 (b) Must not set forth the name of the child or the offense
48-30 alleged.
48-31 3. If the address or location of any parent or guardian of a
48-32 child is not immediately known when the proceeding is scheduled,
48-33 notice must be served pursuant to this section immediately upon
48-34 discovery of the address and location of the parent or guardian.
48-35 Sec. 132. 1. If a parent or guardian of a child gives his
48-36 employer or an agent of the employer notice of an appearance
48-37 with or on behalf of the child in any court, it is unlawful for the
48-38 employer or the agent of the employer to:
48-39 (a) Terminate the employment of the parent or guardian, as a
48-40 consequence of his appearance or prospective appearance in
48-41 court; or
48-42 (b) Assert to the parent or guardian that his appearance or
48-43 prospective appearance in court will result in the termination of
48-44 his employment.
48-45 2. Any employer or agent of an employer who violates the
48-46 provisions of subsection 1 is guilty of a misdemeanor.
49-1 3. A parent or guardian who is discharged from employment
49-2 in violation of subsection 1 may commence a civil action against
49-3 his employer and obtain:
49-4 (a) Wages and benefits lost as a result of the violation;
49-5 (b) An order of reinstatement without loss of position, seniority
49-6 or benefits;
49-7 (c) Damages equal to the amount of the lost wages and
49-8 benefits; and
49-9 (d) Reasonable attorney’s fees fixed by the court.
49-10 4. For the purposes of this section, notice is given:
49-11 (a) In the case of a detention hearing, when the parent or
49-12 guardian:
49-13 (1) Gives the employer or an agent of the employer oral
49-14 notice in advance of the hearing; and
49-15 (2) Provides the employer with a certificate of attendance
49-16 immediately upon return to employment.
49-17 (b) In the case of any hearing after the initial detention
49-18 hearing, when the parent or guardian gives the employer or an
49-19 agent of the employer, in advance of the hearing, the employer’s
49-20 copy of the written notice of the hearing.
49-21 Sec. 133. Title 5 of NRS is hereby amended by adding thereto
49-22 a new chapter to consist of the provisions set forth as sections 134 to
49-23 177, inclusive, of this act.
49-24 Sec. 134. Except as otherwise provided in sections 134 to
49-25 152, inclusive, of this act:
49-26 1. The provisions of sections 134 to 152, inclusive, of this act
49-27 apply to the disposition of a case involving any child who is
49-28 adjudicated pursuant to the provisions of this title.
49-29 2. In addition to any other orders or actions authorized or
49-30 required by the provisions of this title, if a child is adjudicated
49-31 pursuant to the provisions of this title:
49-32 (a) The juvenile court may issue any orders or take any actions
49-33 set forth in sections 134 to 152, inclusive, of this act that the
49-34 juvenile court deems proper for the disposition of the case; and
49-35 (b) If required by a specific statute, the juvenile court shall
49-36 issue the appropriate orders or take the appropriate actions set
49-37 forth in the statute.
49-38 Sec. 135. 1. A child who is adjudicated pursuant to the
49-39 provisions of this title is not a criminal and any adjudication is not
49-40 a conviction, and a child may be charged with a crime or
49-41 convicted in a criminal proceeding only as provided in this title.
49-42 2. Except as otherwise provided by specific statute, an
49-43 adjudication pursuant to the provisions of this title upon the status
49-44 of a child does not impose any of the civil disabilities ordinarily
49-45 resulting from conviction, and the disposition of a child or any
49-46 evidence given in the juvenile court must not be used to disqualify
50-1 the child in any future application for or appointment to the civil
50-2 service.
50-3 Sec. 136. In determining whether to place a child in the
50-4 custody of a person other than a parent or guardian, the juvenile
50-5 court shall give preference to any person who is related to the
50-6 child within the third degree of consanguinity if the juvenile court
50-7 finds that the person is suitable and able to provide proper care
50-8 and guidance for the child.
50-9 Sec. 137. In placing a child in the custody of a person or a
50-10 public or private institution or agency, the juvenile court shall
50-11 select, when practicable, a person or an institution or agency
50-12 governed by persons of:
50-13 1. The same religious faith as that of the parents of the child;
50-14 2. If the religious faiths of the parents differ, the religious
50-15 faith of the child; or
50-16 3. If the religious faith of the child is not ascertainable, the
50-17 religious faith of either of the parents.
50-18 Sec. 138. 1. Except as otherwise provided in this chapter,
50-19 the juvenile court may:
50-20 (a) Place a child in the custody of a suitable person for
50-21 supervision in the child’s own home or in another home; or
50-22 (b) Commit the child to the custody of a public or private
50-23 institution or agency authorized to care for children.
50-24 2. If the juvenile court places the child under supervision in a
50-25 home:
50-26 (a) The juvenile court may impose such conditions as the
50-27 juvenile court deems proper; and
50-28 (b) The program of supervision in the home may include
50-29 electronic surveillance of the child.
50-30 3. If the juvenile court commits the child to the custody of a
50-31 public or private institution or agency, the juvenile court shall
50-32 select one that is required to be licensed by:
50-33 (a) The Department of Human Resources to care for such
50-34 children; or
50-35 (b) If the institution or agency is in another state, the
50-36 analogous department of that state.
50-37 Sec. 139. The juvenile court may permit a child to reside in a
50-38 residence without the immediate supervision of an adult, exempt
50-39 the child from mandatory attendance at school so that the child
50-40 may be employed full-time, or both, if the child:
50-41 1. Is at least 16 years of age;
50-42 2. Has demonstrated the capacity to benefit from this
50-43 placement or exemption; and
50-44 3. Is under the strict supervision of the juvenile court.
51-1 Sec. 140. 1. If the juvenile court commits a child to the
51-2 custody of a public or private institution or agency, the juvenile
51-3 court shall:
51-4 (a) Transmit a summary of its information concerning the
51-5 child to the institution or agency; and
51-6 (b) Order the administrator of the school that the child last
51-7 attended to transmit a copy of the child’s educational records to
51-8 the institution or agency.
51-9 2. The institution or agency to which the child is committed
51-10 shall provide the juvenile court with any information concerning
51-11 the child that the juvenile court may require.
51-12 Sec. 141. 1. If it has been admitted or determined that a
51-13 child is in need of supervision or in need of commitment to an
51-14 institution for the mentally retarded or the mentally ill and the
51-15 child has been or will be placed outside the home of the child by
51-16 court order:
51-17 (a) The juvenile court shall direct a probation officer or an
51-18 authorized agency to prepare for the juvenile court a study and a
51-19 written report concerning the child, the family of the child, the
51-20 environment of the child and other matters relevant to the need for
51-21 treatment or disposition of the case; and
51-22 (b) The agency which is charged with the care and custody of
51-23 the child or the agency which has the responsibility for
51-24 supervising the placement of the child shall file with the juvenile
51-25 court a plan which includes:
51-26 (1) The social history of the child and the family of the
51-27 child;
51-28 (2) The wishes of the child relating to the placement of the
51-29 child;
51-30 (3) A statement of the conditions which require
51-31 intervention by the juvenile court and whether the removal of the
51-32 child from the home of the child was a result of a judicial
51-33 determination that the child’s continuation in the home would be
51-34 contrary to the child’s welfare;
51-35 (4) A statement of the harm which the child is likely to
51-36 suffer as a result of the removal;
51-37 (5) A discussion of the efforts made by the agency to avoid
51-38 removing the child from the home of the child before the agency
51-39 placed the child in foster care;
51-40 (6) The special programs available to the parent or
51-41 guardian of the child which might prevent further harm to the
51-42 child and the reason that each program is likely to be useful, and
51-43 the overall plan of the agency to assure that the services are
51-44 available;
52-1 (7) A description of the type of home or institution in which
52-2 the child could be placed, a plan for assuring that the child would
52-3 receive proper care and a description of the needs of the child; and
52-4 (8) A description of the efforts made by the agency to
52-5 facilitate the return of the child to the home of the child or
52-6 permanent placement of the child.
52-7 2. If there are indications that a child may be mentally
52-8 retarded or mentally ill, the juvenile court may order the child to
52-9 be examined at a suitable place by a physician, psychiatrist or
52-10 psychologist before a hearing on the merits of the petition. The
52-11 examinations made before a hearing or as part of the study
52-12 provided for in subsection 1 must be conducted without admission
52-13 to a hospital unless the juvenile court finds that placement in a
52-14 hospital or other appropriate facility is necessary.
52-15 3. After a hearing, the juvenile court may order a parent or
52-16 guardian of the child to be examined by a physician, psychiatrist
52-17 or psychologist if:
52-18 (a) The ability of the parent or guardian to care for or
52-19 supervise the child is at issue before the juvenile court; and
52-20 (b) The parent or guardian consents to the examination.
52-21 Sec. 142. 1. Except as otherwise provided in this section, if
52-22 the juvenile court places a child in a foster home or other similar
52-23 institution, the juvenile court shall review the placement at least
52-24 semiannually for the purpose of determining whether:
52-25 (a) Continued placement or supervision is in the best interests
52-26 of the child and the public; and
52-27 (b) The child is being treated fairly.
52-28 2. In conducting the review, the juvenile court may:
52-29 (a) Require a written report from the child’s protective services
52-30 officer, welfare worker or other guardian of the child which
52-31 includes, but is not limited to, an evaluation of the progress of the
52-32 child and recommendations for further supervision, treatment or
52-33 rehabilitation.
52-34 (b) Request any information or statements that the juvenile
52-35 court deems necessary for the review.
52-36 3. The juvenile court shall hold dispositional hearings not
52-37 later than 18 months after the review required by subsection 1,
52-38 and at least annually thereafter.
52-39 4. The juvenile court shall hold each dispositional hearing to
52-40 determine whether:
52-41 (a) The child should be returned to his parent or guardian or
52-42 other relatives;
52-43 (b) The child’s placement in the foster home or other similar
52-44 institution should be continued;
52-45 (c) The child should be placed for adoption or under a legal
52-46 guardianship; or
53-1 (d) The child should remain in the foster home or other
53-2 similar institution on a long-term basis.
53-3 5. The provisions of this section do not apply to the placement
53-4 of a child in the home of the child’s parent or parents.
53-5 6. This section does not limit the power of the juvenile court
53-6 to order a review or similar proceeding under subsection 1 other
53-7 than semiannually.
53-8 7. In determining the placement of the child pursuant to this
53-9 section, the juvenile court shall give preference to any person who
53-10 is related to the child within the third degree of consanguinity if
53-11 the juvenile court finds that the person is suitable and able to
53-12 provide proper care and guidance for the child.
53-13 Sec. 143. 1. The juvenile court may:
53-14 (a) Order such medical, psychiatric, psychological or other
53-15 care and treatment for a child as the juvenile court deems to be in
53-16 the best interests of the child; and
53-17 (b) Cause the child to be examined by a physician, psychiatrist,
53-18 psychologist or other qualified person.
53-19 2. If the child appears to be in need of medical, psychiatric,
53-20 psychological or other care or treatment:
53-21 (a) The juvenile court may order the parent or guardian of the
53-22 child to provide such care or treatment; and
53-23 (b) If, after due notice, the parent or guardian fails to provide
53-24 such care or treatment, the juvenile court may order that the child
53-25 be provided with the care or treatment. When approved by the
53-26 juvenile court, the expense of such care or treatment is a charge
53-27 upon the county, but the juvenile court may order the person
53-28 having the duty under the law to support the child to pay part or
53-29 all of the expenses of such care or treatment.
53-30 Sec. 144. 1. The juvenile court may order the parent or
53-31 guardian of a child to refrain from engaging in or continuing any
53-32 conduct which the juvenile court believes has caused or tended to
53-33 cause the child to become subject to the jurisdiction of the juvenile
53-34 court.
53-35 2. If the child is less than 18 years of age, the juvenile court
53-36 may order:
53-37 (a) The parent or guardian of the child; and
53-38 (b) Any sibling or other person who is living in the same
53-39 household as the child over whom the juvenile court has
53-40 jurisdiction,
53-41 to attend or participate in counseling, with or without the child,
53-42 including, but not limited to, counseling regarding parenting
53-43 skills, alcohol or substance abuse, or techniques of dispute
53-44 resolution.
54-1 Sec. 145. 1. The juvenile court may order a child or the
54-2 parent or guardian of the child, or both, to perform community
54-3 service.
54-4 2. If the juvenile court orders a child or the parent or
54-5 guardian of the child, or both, to perform community service
54-6 pursuant to the provisions of this title, the juvenile court may
54-7 order the child or the parent or guardian of the child, or both, to
54-8 deposit with the juvenile court a reasonable sum of money to pay
54-9 for the cost of a policy for insurance against liability for personal
54-10 injury and damage to property or for industrial insurance, or both,
54-11 during those periods in which the work is performed, unless, in
54-12 the case of industrial insurance, it is provided by the authority for
54-13 which the work is performed.
54-14 Sec. 146. 1. The juvenile court may order that the driver’s
54-15 license of a child be suspended for at least 90 days but not more
54-16 than 2 years.
54-17 2. If the child does not possess a driver’s license, the juvenile
54-18 court may prohibit the child from receiving a driver’s license for
54-19 at least 90 days but not more than 2 years:
54-20 (a) Immediately following the date of the order, if the child is
54-21 eligible to receive a driver’s license.
54-22 (b) After the date the child becomes eligible to apply for a
54-23 driver’s license, if the child is not eligible to receive a license on
54-24 the date of the order.
54-25 Sec. 147. 1. If a child applies for a driver’s license, the
54-26 Department of Motor Vehicles shall:
54-27 (a) Notify the child of the provisions of this title that permit the
54-28 juvenile court to suspend or revoke the license of the child; and
54-29 (b) Require the child to sign an affidavit acknowledging that
54-30 the child is aware that his driver’s license may be suspended or
54-31 revoked pursuant to the provisions of this title.
54-32 2. If the juvenile court issues an order delaying the ability of
54-33 a child to receive a driver’s license, not later than 5 days after
54-34 issuing the order the juvenile court shall forward to the
54-35 Department of Motor Vehicles a copy of the order.
54-36 3. If the juvenile court issues an order suspending the
54-37 driver’s license of a child:
54-38 (a) The juvenile court shall order the child to surrender his
54-39 driver’s license to the juvenile court; and
54-40 (b) Not later than 5 days after issuing the order, the juvenile
54-41 court shall forward to the Department of Motor Vehicles a copy of
54-42 the order and the driver’s license of the child.
54-43 4. If the juvenile court issues an order suspending the
54-44 driver’s license of a child, the Department of Motor Vehicles:
54-45 (a) Shall report the suspension of the driver’s license of
54-46 the child to an insurance company or its agent inquiring about
55-1 the child’s driving record, but such a suspension must not be
55-2 considered for the purpose of rating or underwriting.
55-3 (b) Shall not treat the suspension in the manner statutorily
55-4 required for moving traffic violations, unless the suspension
55-5 resulted from the child’s poor performance as a driver.
55-6 (c) Shall not require the child to submit to the tests and other
55-7 requirements which are adopted by regulation pursuant to
55-8 subsection 1 of NRS 483.495 as a condition of reinstatement or
55-9 reissuance after the suspension of a driver’s license, unless the
55-10 suspension resulted from the child’s poor performance as a driver.
55-11 Sec. 148. 1. If a child has not previously been adjudicated
55-12 delinquent or in need of supervision and the unlawful act
55-13 committed by the delinquent child did not involve the use or
55-14 threatened use of force or violence against a victim, the juvenile
55-15 court may order a child to complete any or all of the following
55-16 programs:
55-17 (a) A program of cognitive training and human development
55-18 established pursuant to section 89 of this act.
55-19 (b) A program for the arts as described in section 88 of this
55-20 act.
55-21 (c) A program of sports or physical fitness as described in
55-22 section 88 of this act.
55-23 2. If the juvenile court orders the child to participate in a
55-24 program of cognitive training and human development, a program
55-25 for the arts or a program of sports or physical fitness, the juvenile
55-26 court may order any or all of the following, in the following order
55-27 of priority if practicable:
55-28 (a) The child or the parent or guardian of the child, or both, to
55-29 the extent of their financial ability, to pay the costs associated with
55-30 the participation of the child in the program, including, but not
55-31 limited to, a reasonable sum of money to pay for the cost of
55-32 policies of insurance against liability for personal injury and
55-33 damage to property during those periods in which the child
55-34 participates in the program;
55-35 (b) The child to work on projects or perform community
55-36 service for a period that reflects the costs associated with the
55-37 participation of the child in the program; or
55-38 (c) The county in which the petition alleging the child to be in
55-39 need of supervision is filed to pay the costs associated with the
55-40 participation of the child in the program.
55-41 Sec. 149. 1. If a court determines that a child who is
55-42 currently enrolled in school unlawfully caused or attempted to
55-43 cause serious bodily injury to another person, the court shall
55-44 provide the information specified in subsection 2 to the school
55-45 district in which the child is currently enrolled.
56-1 2. The information required to be provided pursuant to
56-2 subsection 1 must include:
56-3 (a) The name of the child;
56-4 (b) A description of any injury sustained by the other person;
56-5 (c) A description of any weapon used by the child; and
56-6 (d) A description of any threats made by the child against the
56-7 other person before, during or after the incident in which the child
56-8 injured or attempted to injure the person.
56-9 Sec. 150. 1. If the juvenile court imposes a fine against:
56-10 (a) A delinquent child pursuant to section 162 of this act;
56-11 (b) A child who has committed a minor traffic offense, except
56-12 an offense related to metered parking, pursuant to section 161 of
56-13 this act; or
56-14 (c) A child in need of supervision because the child is a
56-15 habitual truant pursuant to section 155 of this act,
56-16 the juvenile court shall order the child or the parent or guardian
56-17 of the child to pay an administrative assessment of $10 in addition
56-18 to the fine.
56-19 2. The juvenile court shall state separately on its docket the
56-20 amount of money that the juvenile court collects for the
56-21 administrative assessment.
56-22 3. If the child is found not to have committed the alleged act
56-23 or the charges are dropped, the juvenile court shall return to the
56-24 child or the parent or guardian of the child any money deposited
56-25 with the juvenile court for the administrative assessment.
56-26 4. On or before the fifth day of each month for the preceding
56-27 month, the clerk of the court shall pay to the county treasurer the
56-28 money the juvenile court collects for administrative assessments.
56-29 5. On or before the 15th day of each month, the county
56-30 treasurer shall deposit the money in the county general fund for
56-31 credit to a special account for the use of the county’s juvenile
56-32 court or for services to delinquent children.
56-33 Sec. 151. The juvenile court may order the parent or
56-34 guardian of a child to pay, in whole or in part, for the costs related
56-35 to the proceedings involving the disposition of the case, including,
56-36 but not limited to:
56-37 1. Reasonable attorney’s fees;
56-38 2. Any costs incurred by the juvenile court; and
56-39 3. Any costs incurred in investigating the acts committed by
56-40 the child and in taking the child into custody.
56-41 Sec. 152. 1. Except as otherwise provided in this section,
56-42 the juvenile court may at any time modify or terminate any decree
56-43 or order that it has made.
56-44 2. Except as otherwise provided in section 263 of this act,
56-45 before the juvenile court may modify or terminate an order
57-1 committing a child to the custody of the Division of Child and
57-2 Family Services, the juvenile court shall:
57-3 (a) Provide the Administrator of the Division of Child and
57-4 Family Services with written notice not later than 10 days before
57-5 modifying or terminating the order, unless the Administrator
57-6 waives the right to receive such notice; and
57-7 (b) Give due consideration to the effect that the modification
57-8 or termination of the order will have upon the child and the
57-9 programs of the Division of Child and Family Services.
57-10 Sec. 153. 1. The provisions of this section and sections 154
57-11 and 155 of this act apply to the disposition of a case involving a
57-12 child who is adjudicated to be in need of supervision.
57-13 2. If a child is adjudicated to be in need of supervision:
57-14 (a) The juvenile court may issue any orders or take any actions
57-15 set forth in this section and sections 154 and 155 of this act that
57-16 the juvenile court deems proper for the disposition of the case; and
57-17 (b) If required by a specific statute, the juvenile court shall
57-18 issue the appropriate orders or take the appropriate actions set
57-19 forth in the statute.
57-20 Sec. 154. A child in need of supervision must not be
57-21 committed to or otherwise placed in a state facility for the
57-22 detention of children or any other facility that provides
57-23 correctional care.
57-24 Sec. 155. 1. If a child is adjudicated to be in need of
57-25 supervision because the child is a habitual truant, the juvenile
57-26 court shall:
57-27 (a) The first time the child is adjudicated to be in need of
57-28 supervision because the child is a habitual truant:
57-29 (1) Order the child to:
57-30 (I) Pay a fine of not more than $100 and the
57-31 administrative assessment required by section 150 of this act; or
57-32 (II) Perform not less than 8 hours but not more than 16
57-33 hours of community service; and
57-34 (2) If the child is 14 years of age or older, order the
57-35 suspension of the driver’s license of the child for at least 30 days
57-36 but not more than 6 months. If the child does not possess a
57-37 driver’s license, the juvenile court shall prohibit the child from
57-38 applying for a driver’s license for 30 days:
57-39 (I) Immediately following the date of the order if the
57-40 child is eligible to apply for a driver’s license; or
57-41 (II) After the date the child becomes eligible to apply for
57-42 a driver’s license if the child is not eligible to apply for a driver’s
57-43 license.
57-44 (b) The second or any subsequent time the child is adjudicated
57-45 to be in need of supervision because the child is a habitual truant:
57-46 (1) Order the child to:
58-1 (I) Pay a fine of not more than $200 and the
58-2 administrative assessment required by section 150 of this act;
58-3 (II) Perform not more than 10 hours of community
58-4 service; or
58-5 (III) Comply with the requirements set forth in both
58-6 sub‑subparagraphs (I) and (II); and
58-7 (2) If the child is 14 years of age or older, order the
58-8 suspension of the driver’s license of the child for at least 60 days
58-9 but not more than 1 year. If the child does not possess a driver’s
58-10 license, the juvenile court shall prohibit the child from applying
58-11 for a driver’s license for 60 days:
58-12 (I) Immediately following the date of the order if the
58-13 child is eligible to apply for a driver’s license; or
58-14 (II) After the date the child becomes eligible to apply for
58-15 a driver’s license if the child is not eligible to apply for a driver’s
58-16 license.
58-17 2. The juvenile court may suspend the payment of a fine
58-18 ordered pursuant to paragraph (a) of subsection 1 if the child
58-19 attends school for 60 consecutive school days after the imposition
58-20 of the fine, or has a valid excuse acceptable to his teacher or the
58-21 principal for any absence from school within that period.
58-22 3. The community service ordered pursuant to this section
58-23 must be performed at the child’s school of attendance, if
58-24 practicable.
58-25 Sec. 156. 1. The provisions of sections 156 to 177,
58-26 inclusive, of this act:
58-27 (a) Apply to the disposition of a case involving a child who is
58-28 adjudicated delinquent.
58-29 (b) Except as otherwise provided in section 161 of this act, do
58-30 not apply to the disposition of a case involving a child who is
58-31 found to have committed a minor traffic offense.
58-32 2. If a child is adjudicated delinquent:
58-33 (a) The juvenile court may issue any orders or take any actions
58-34 set forth in sections 156 to 177, inclusive, of this act that the
58-35 juvenile court deems proper for the disposition of the case; and
58-36 (b) If required by a specific statute, the juvenile court shall
58-37 issue the appropriate orders or take the appropriate actions set
58-38 forth in the statute.
58-39 Sec. 157. 1. If a delinquent child is less than 12 years of
58-40 age, the juvenile court shall not commit the child to a state facility
58-41 for the detention of children.
58-42 2. If a delinquent child is 12 years of age or older, the
58-43 juvenile court shall not commit the child to a private institution
58-44 unless the commitment is approved by the superintendent of the
58-45 state facility for the detention of children to which the child would
58-46 otherwise have been committed.
59-1 Sec. 158. 1. The juvenile court may commit a delinquent
59-2 child to the custody of the Division of Child and Family Services
59-3 for suitable placement if:
59-4 (a) The child is at least 8 years of age but less than 12 years of
59-5 age, and the juvenile court finds that the child is in need of
59-6 placement in a correctional or institutional facility; or
59-7 (b) The child is at least 12 years of age but less than 18 years
59-8 of age, and the juvenile court finds that the child:
59-9 (1) Is in need of placement in a correctional or institutional
59-10 facility; and
59-11 (2) Is in need of residential psychiatric services or other
59-12 residential services for his mental health.
59-13 2. Before the juvenile court commits a delinquent child to the
59-14 custody of the Division of Child and Family Services, the juvenile
59-15 court shall:
59-16 (a) Notify the Division at least 3 working days before the
59-17 juvenile court holds a hearing to consider such a commitment;
59-18 and
59-19 (b) At the request of the Division, provide the Division with not
59-20 more than 10 working days within which to:
59-21 (1) Investigate the child and his circumstances; and
59-22 (2) Recommend a suitable placement to the juvenile court.
59-23 Sec. 159. 1. Before the juvenile court commits a delinquent
59-24 child to the custody of the Division of Child and Family Services,
59-25 the juvenile court shall order that a physician conduct a physical
59-26 examination of the child, which includes a blood test, test for
59-27 tuberculosis, urinalysis and an examination for venereal disease.
59-28 2. Not later than 5 days after the date on which the physical
59-29 examination is conducted, the physician shall make a written
59-30 report of the results of the physical examination to the clerk of the
59-31 court.
59-32 3. Upon receipt of the written report:
59-33 (a) The clerk of the court shall immediately forward a copy of
59-34 the written report to the Administrator of the Division of Child and
59-35 Family Services; and
59-36 (b) The county auditor shall allow a claim for payment to the
59-37 physician for the physical examination.
59-38 Sec. 160. 1. If the juvenile court commits a delinquent
59-39 child to the custody of the Division of Child and Family Services,
59-40 the juvenile court may order the parent or guardian of the child to
59-41 pay, in whole or in part, for the support of the child.
59-42 2. If the juvenile court orders the parent or guardian of
59-43 the child to pay for the support of the child:
59-44 (a) The payments must be paid to the Administrator of the
59-45 Division of Child and Family Services; and
60-1 (b) The Administrator shall deposit the payments with the
60-2 State Treasurer for credit to a separate account in the State
60-3 General Fund. The Administrator may expend the money in
60-4 the separate account to carry out the powers and duties of the
60-5 Administrator and the Division of Child and Family Services.
60-6 Sec. 161. 1. If a child is found to have committed a minor
60-7 traffic offense, the juvenile court may do any or all of the
60-8 following:
60-9 (a) Order the child to pay a fine. If the juvenile court orders
60-10 the child to pay a fine, the juvenile court shall order the child to
60-11 pay an administrative assessment pursuant to section 150 of this
60-12 act, unless the offense involved a violation of a law or ordinance
60-13 governing metered parking. If, because of financial hardship, the
60-14 child is unable to pay the fine, the juvenile court may order
60-15 the child to perform community service.
60-16 (b) Recommend to the Department of Motor Vehicles the
60-17 suspension of the driver’s license of the child.
60-18 (c) Order the child to attend and complete a traffic survival
60-19 course.
60-20 (d) Order the child or the parent or guardian of the child, or
60-21 both, to pay the reasonable cost for the child to attend the traffic
60-22 survival course.
60-23 (e) Order the child placed on probation and impose such
60-24 conditions as the juvenile court deems proper.
60-25 2. The juvenile court shall forward to the Department of
60-26 Motor Vehicles, in the form required by NRS 483.450, a record
60-27 of the minor traffic offense, unless the offense involved a violation
60-28 of a law or ordinance governing standing or parking.
60-29 3. As used in this section, “juvenile court” means:
60-30 (a) The juvenile court; or
60-31 (b) The justice’s court or municipal court if the juvenile court
60-32 has transferred the case and record to the justice’s court or
60-33 municipal court pursuant to section 52 of this act.
60-34 Sec. 162. 1. The juvenile court may order a delinquent
60-35 child to pay a fine.
60-36 2. If the juvenile court orders a delinquent child to pay a fine,
60-37 the juvenile court shall order the child to pay an administrative
60-38 assessment pursuant to section 150 of this act.
60-39 3. If a delinquent child is less than 17 years of age, the
60-40 juvenile court may order the parent or guardian of the child to pay
60-41 any fines and penalties that the juvenile court imposes for the
60-42 unlawful act committed by the child.
60-43 4. If, because of financial hardship, the parent or guardian is
60-44 unable to pay any fines and penalties that the juvenile court
60-45 imposes for the unlawful act committed by the child, the juvenile
61-1 court may order the parent or guardian to perform community
61-2 service.
61-3 Sec. 163. The juvenile court may order any child who is:
61-4 1. Less than 18 years of age and who has been adjudicated
61-5 delinquent and placed on probation by the juvenile court to be
61-6 placed in a facility for the detention of children for not more than
61-7 30 days for the violation of probation.
61-8 2. At least 18 years of age but less than 21 years of age and
61-9 who has been placed on probation by the juvenile court to be
61-10 placed in a county jail for the violation of probation.
61-11 Sec. 164. 1. The juvenile court may order a delinquent
61-12 child to participate in a program of visitation to the office of the
61-13 county coroner that is established pursuant to this section.
61-14 2. In determining whether to order the child to participate in
61-15 such a program, the juvenile court shall consider whether the
61-16 unlawful act committed by the child involved the use or threatened
61-17 use of force or violence against himself or others or demonstrated
61-18 a disregard for the safety or well-being of himself or others.
61-19 3. The juvenile court may establish a program of visitation to
61-20 the office of the county coroner in cooperation with the coroner of
61-21 the county pursuant to this section.
61-22 4. Before a delinquent child may participate in a program of
61-23 visitation, the parent or guardian of the child must provide to the
61-24 juvenile court on a form provided by the juvenile court:
61-25 (a) Written consent for the child to participate in the program
61-26 of visitation; and
61-27 (b) An executed release of liability for any act or omission, not
61-28 amounting to gross negligence or willful misconduct of the
61-29 juvenile court, the county coroner, or any other person
61-30 administering or conducting a program of visitation, that causes
61-31 personal injury or illness of the child during the period in which
61-32 the child participates in the program of visitation.
61-33 5. A program of visitation must include, but is not limited to:
61-34 (a) A visit to the office of the county coroner at times and
61-35 under circumstances determined by the county coroner.
61-36 (b) A course to instruct the child concerning:
61-37 (1) The consequences of his actions; and
61-38 (2) An awareness of his own mortality.
61-39 (c) An opportunity for each participant in a program of
61-40 visitation to evaluate each component of the program.
61-41 6. The juvenile court may order the child, or the parent or
61-42 guardian of the child, or both, to pay a fee of not more than $45
61-43 based on the ability of the child or the parent or guardian of the
61-44 child, or both, to pay for the costs associated with the participation
61-45 of the child in the program of visitation.
62-1 7. If the juvenile court establishes a program of visitation
62-2 pursuant to this section, the juvenile court shall, on or before
62-3 January 15 of each odd-numbered year, submit to the Director of
62-4 the Legislative Counsel Bureau for transmittal to the Legislature a
62-5 report regarding the effect of the program on the incidence of
62-6 juvenile crime and the rate of recidivism.
62-7 Sec. 165. 1. Except as otherwise provided in section 166 of
62-8 this act, the juvenile court may order a delinquent child or the
62-9 parent or guardian of the child, or both:
62-10 (a) To provide restitution to the victim of any unlawful act
62-11 committed by the child; or
62-12 (b) To participate in a program designed to provide restitution
62-13 to a victim of any unlawful act committed by the child.
62-14 2. The juvenile court may establish and administer programs
62-15 which are designed to provide restitution to victims of unlawful
62-16 acts committed by delinquent children.
62-17 Sec. 166. 1. If a delinquent child has committed an
62-18 unlawful act that causes physical injury to a victim of the act, the
62-19 juvenile court shall order the child to provide restitution to the
62-20 victim for medical expenses incurred as a result of the act.
62-21 2. If a delinquent child has committed an unlawful act that
62-22 damaged or destroyed property owned or possessed by another
62-23 person, the juvenile court shall order the child to provide
62-24 restitution to the person who owns or possesses the property.
62-25 3. If the child is not able to provide restitution pursuant to
62-26 this section, the juvenile court shall order the parent or guardian
62-27 of the child to provide restitution, unless the juvenile court
62-28 determines that extenuating circumstances exist.
62-29 4. If, because of financial hardship, a delinquent child or the
62-30 parent or guardian of the child, or both, are unable to provide
62-31 restitution pursuant to this section, the juvenile court shall order
62-32 the child or the parent or guardian of the child, or both, to
62-33 perform community service.
62-34 Sec. 167. If the juvenile court orders a delinquent child or
62-35 the parent or guardian of the child, or both, to pay restitution:
62-36 1. The juvenile court shall determine the amount of
62-37 restitution the child or parent or guardian of the child, or both,
62-38 must pay to the victim; and
62-39 2. The juvenile court may order that the child or parent or
62-40 guardian of the child, or both, pay restitution in an amount that
62-41 equals the full amount of the loss incurred by the victim,
62-42 regardless of the amount of insurance coverage that exists for the
62-43 loss.
63-1 Sec. 168. 1. The juvenile court may order a delinquent
63-2 child to participate in a program of restitution through work that
63-3 is established pursuant to section 91 of this act if the child:
63-4 (a) Is 14 years of age or older;
63-5 (b) Has never been adjudicated delinquent for an unlawful act
63-6 that involved the use or threatened use of force or violence against
63-7 a victim and has never been found to have committed such an
63-8 unlawful act in any other jurisdiction;
63-9 (c) Is ordered to provide restitution to a victim; and
63-10 (d) Voluntarily agrees to participate in the program of
63-11 restitution through work.
63-12 2. If the juvenile court orders a child to participate in a
63-13 program of restitution through work, the juvenile court may order
63-14 any or all of the following, in the following order of priority if
63-15 practicable:
63-16 (a) The child or the parent or guardian of the child, or both, to
63-17 the extent of their financial ability, to pay the costs associated with
63-18 the participation of the child in the program, including, but not
63-19 limited to, a reasonable sum of money to pay for the cost of
63-20 policies of insurance against liability for personal injury and
63-21 damage to property or for industrial insurance, or both, during
63-22 those periods in which the child participates in the program or
63-23 performs work, unless, in the case of industrial insurance, it is
63-24 provided by the employer for which the child performs the work;
63-25 or
63-26 (b) The child to work on projects or perform community
63-27 service for a period that reflects the costs associated with the
63-28 participation of the child in the program.
63-29 Sec. 169. If the juvenile court orders a delinquent child or
63-30 the parent or guardian of the child, or both, to pay restitution to a
63-31 victim of any unlawful act committed by the child, the victim is not
63-32 prohibited from bringing a civil action to recover damages
63-33 incurred as a result of the unlawful act.
63-34 Sec. 170. 1. The juvenile court shall order a delinquent
63-35 child to undergo an evaluation to determine whether the child is
63-36 an abuser of alcohol or other drugs if the child committed:
63-37 (a) An unlawful act in violation of NRS 484.379 or 484.3795;
63-38 (b) The unlawful act of using, possessing, selling or
63-39 distributing a controlled substance; or
63-40 (c) The unlawful act of purchasing, consuming or possessing
63-41 an alcoholic beverage in violation of NRS 202.020.
63-42 2. The evaluation of the child must be conducted by:
63-43 (a) An alcohol and drug abuse counselor who is licensed or
63-44 certified or an alcohol and drug abuse counselor intern who is
63-45 certified pursuant to chapter 641C of NRS to make that
63-46 classification; or
64-1 (b) A physician who is certified to make that classification by
64-2 the Board of Medical Examiners.
64-3 3. The evaluation of the child may be conducted at an
64-4 evaluation center.
64-5 4. The person who conducts the evaluation of the child shall
64-6 report to the juvenile court the results of the evaluation and make
64-7 a recommendation to the juvenile court concerning the length and
64-8 type of treatment required for the child.
64-9 5. The juvenile court shall:
64-10 (a) Order the child to undergo a program of treatment as
64-11 recommended by the person who conducts the evaluation of the
64-12 child.
64-13 (b) Require the treatment facility to submit monthly reports on
64-14 the treatment of the child pursuant to this section.
64-15 (c) Order the child or the parent or guardian of the child, or
64-16 both, to the extent of their financial ability, to pay any charges
64-17 relating to the evaluation and treatment of the child pursuant to
64-18 this section. If the child or the parent or guardian of the child, or
64-19 both, do not have the financial resources to pay all those charges:
64-20 (1) The juvenile court shall, to the extent possible, arrange
64-21 for the child to receive treatment from a treatment facility which
64-22 receives a sufficient amount of federal or state money to offset the
64-23 remainder of the costs; and
64-24 (2) The juvenile court may order the child, in lieu of paying
64-25 the charges relating to his evaluation and treatment, to perform
64-26 community service.
64-27 6. After a treatment facility has certified a child’s successful
64-28 completion of a program of treatment ordered pursuant to this
64-29 section, the treatment facility is not liable for any damages to
64-30 person or property caused by a child who:
64-31 (a) Drives, operates or is in actual physical control of a vehicle
64-32 or a vessel under power or sail while under the influence of
64-33 intoxicating liquor or a controlled substance; or
64-34 (b) Engages in any other conduct prohibited by NRS 484.379,
64-35 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420
64-36 or a law of any other jurisdiction that prohibits the same or similar
64-37 conduct.
64-38 7. The provisions of this section do not prohibit the juvenile
64-39 court from:
64-40 (a) Requiring an evaluation to be conducted by a person who
64-41 is employed by a private company if the company meets the
64-42 standards of the Health Division of the Department of Human
64-43 Resources. The evaluation may be conducted at an evaluation
64-44 center.
64-45 (b) Ordering the child to attend a program of treatment which
64-46 is administered by a private company.
65-1 8. All information relating to the evaluation or treatment of a
65-2 child pursuant to this section is confidential and, except as
65-3 otherwise authorized by the provisions of this title or the juvenile
65-4 court, must not be disclosed to any person other than:
65-5 (a) The juvenile court;
65-6 (b) The child;
65-7 (c) The attorney for the child, if any;
65-8 (d) The parents or guardian of the child;
65-9 (e) The district attorney; and
65-10 (f) Any other person for whom the communication of that
65-11 information is necessary to effectuate the evaluation or treatment
65-12 of the child.
65-13 9. A record of any finding that a child has violated the
65-14 provisions of NRS 484.379 or 484.3795 must be included in
65-15 the driver’s record of that child for 7 years after the date of the
65-16 offense.
65-17 Sec. 171. 1. Except as otherwise provided in this section, if
65-18 a child is adjudicated delinquent for the unlawful act of using,
65-19 possessing, selling or distributing a controlled substance, or
65-20 purchasing, consuming or possessing an alcoholic beverage in
65-21 violation of NRS 202.020, the juvenile court shall:
65-22 (a) If the child possesses a driver’s license, issue an order
65-23 suspending the driver’s license of the child for at least 90 days but
65-24 not more than 2 years; or
65-25 (b) If the child does not possess a driver’s license and the
65-26 child is or will be eligible to receive a driver’s license within the 2
65-27 years immediately following the date of the order, issue an order
65-28 prohibiting the child from receiving a driver’s license for a period
65-29 specified by the juvenile court which must be at least 90 days but
65-30 not more than 2 years:
65-31 (1) Immediately following the date of the order, if the child
65-32 is eligible to receive a driver’s license; or
65-33 (2) After the date the child will be eligible to receive a
65-34 driver’s license, if the child is not eligible to receive a license on
65-35 the date of the order.
65-36 2. If the child is already the subject of a court order
65-37 suspending or delaying the issuance of his driver’s license, the
65-38 juvenile court shall order the additional suspension or delay, as
65-39 appropriate, to apply consecutively with the previous order.
65-40 Sec. 172. 1. If a child is adjudicated delinquent for an
65-41 unlawful act in violation of NRS 484.379 or 484.3795, the juvenile
65-42 court shall, if the child possesses a driver’s license:
65-43 (a) Issue an order revoking the driver’s license of the child for
65-44 90 days and requiring the child to surrender his driver’s license to
65-45 the juvenile court; and
66-1 (b) Not later than 5 days after issuing the order, forward to the
66-2 Department of Motor Vehicles a copy of the order and the driver’s
66-3 license of the child.
66-4 2. The Department of Motor Vehicles shall order the child to
66-5 submit to the tests and other requirements which are adopted by
66-6 regulation pursuant to subsection 1 of NRS 483.495 as a condition
66-7 of reinstatement of the driver’s license of the child.
66-8 3. If the child is adjudicated delinquent for a subsequent
66-9 unlawful act in violation of NRS 484.379 or 484.3795, the juvenile
66-10 court shall order an additional period of revocation to apply
66-11 consecutively with the previous order.
66-12 4. The juvenile court may authorize the Department of Motor
66-13 Vehicles to issue a restricted driver’s license pursuant to NRS
66-14 483.490 to a child whose driver’s license is revoked pursuant to
66-15 this section.
66-16 Sec. 173. 1. If a child is adjudicated delinquent because the
66-17 child handled or possessed a firearm or had a firearm under his
66-18 control in violation of NRS 202.300, the juvenile court shall:
66-19 (a) For the first offense:
66-20 (1) Order the child to perform 200 hours of community
66-21 service; and
66-22 (2) Issue an order suspending the driver’s license of the
66-23 child for not more than 1 year or, if the child does not possess a
66-24 driver’s license, prohibit the child from receiving a driver’s license
66-25 for not more than 1 year:
66-26 (I) Immediately following the date of the order, if the
66-27 child is eligible to receive a driver’s license.
66-28 (II) After the date the child becomes eligible to receive a
66-29 driver’s license, if the child is not eligible to receive a license on
66-30 the date of the order.
66-31 (b) For the second offense:
66-32 (1) Order the child to perform at least 200 hours but not
66-33 more than 600 hours of community service; and
66-34 (2) Issue an order suspending the driver’s license of the
66-35 child for at least 90 days but not more than 2 years or, if the child
66-36 does not possess a driver’s license, prohibit the child from
66-37 receiving a driver’s license for at least 90 days but not more than
66-38 2 years:
66-39 (I) Immediately following the date of the order, if the
66-40 child is eligible to receive a driver’s license.
66-41 (II) After the date the child becomes eligible to receive a
66-42 driver’s license, if the child is not eligible to receive a license on
66-43 the date of the order.
66-44 2. If the child is already the subject of a court order
66-45 suspending or delaying the issuance of his driver’s license, the
67-1 juvenile court shall order an additional suspension or delay, as
67-2 appropriate, to apply consecutively with the previous order.
67-3 Sec. 174. If a child is adjudicated delinquent because the
67-4 child handled or possessed a firearm or had a firearm under his
67-5 control in violation of NRS 202.300, the juvenile court shall:
67-6 1. Order that any license to hunt issued to the child pursuant
67-7 to chapter 502 of NRS must be revoked by the Division of Wildlife
67-8 of the State Department of Conservation and Natural Resources;
67-9 2. Order that the child must not receive a license to hunt
67-10 within the 2 years immediately following the date of the order or
67-11 until the child is 18 years of age, whichever is later;
67-12 3. Order the child to surrender to the juvenile court any
67-13 license to hunt then held by the child; and
67-14 4. Not later than 5 days after issuing the order, forward to the
67-15 Division of Wildlife any license to hunt surrendered by the child
67-16 and a copy of the order.
67-17 Sec. 175. 1. In determining the appropriate disposition of a
67-18 case of a delinquent child, the juvenile court shall consider
67-19 whether the unlawful act committed by the child involved the use
67-20 of a firearm or the use or threatened use of force or violence
67-21 against the victim of the act.
67-22 2. If the juvenile court finds that the act committed by the
67-23 child involved the use of a firearm or the use or threatened use of
67-24 force or violence against the victim, the juvenile court shall
67-25 include the finding in its order and may:
67-26 (a) Commit the child for confinement in a secure facility for
67-27 the detention of children, including a facility which is secured by
67-28 its staff.
67-29 (b) Impose any other punitive measures that the juvenile court
67-30 determines to be in the best interests of the public or the child.
67-31 Sec. 176. 1. If a child is adjudicated delinquent for an
67-32 unlawful act that involves cruelty to or torture of an animal, the
67-33 juvenile court shall order the child to participate in counseling or
67-34 other psychological treatment.
67-35 2. The juvenile court shall order the child or the parent or
67-36 guardian of the child, or both, to the extent of their financial
67-37 ability, to pay the cost of the child to participate in the counseling
67-38 or other psychological treatment.
67-39 3. As used in this section:
67-40 (a) “Animal” does not include the human race, but includes
67-41 every other living creature.
67-42 (b) “Torture” or “cruelty” includes every act, omission or
67-43 neglect, whereby unjustifiable physical pain, suffering or death is
67-44 caused or permitted.
68-1 Sec. 177. 1. Except as otherwise provided in this section, if
68-2 a child is adjudicated delinquent for the unlawful act of placing
68-3 graffiti on or otherwise defacing public or private property owned
68-4 or possessed by another person in violation of NRS 206.125 or
68-5 206.330, the juvenile court may:
68-6 (a) If the child possesses a driver’s license, issue an order
68-7 suspending the driver’s license of the child for at least 90 days but
68-8 not more than 2 years; or
68-9 (b) If the child does not possess a driver’s license and the child
68-10 is or will be eligible to receive a driver’s license within the 2 years
68-11 immediately following the date of the order, issue an order
68-12 prohibiting the child from receiving a driver’s license for a period
68-13 specified by the juvenile court which must be at least 90 days but
68-14 not more than 2 years:
68-15 (1) Immediately following the date of the order, if the child
68-16 is eligible to receive a driver’s license; or
68-17 (2) After the date the child will be eligible to receive a
68-18 driver’s license, if the child is not eligible to receive a license on
68-19 the date of the order.
68-20 2. If the child is already the subject of a court order
68-21 suspending or delaying the issuance of his driver’s license, the
68-22 juvenile court shall order the additional suspension or delay, as
68-23 appropriate, to apply consecutively with the previous order.
68-24 Sec. 178. Title 5 of NRS is hereby amended by adding thereto
68-25 a new chapter to consist of the provisions set forth as sections 179 to
68-26 192, inclusive, of this act.
68-27 Sec. 179. 1. If a child is adjudicated delinquent for an
68-28 unlawful act that, if committed by an adult, would have constituted
68-29 kidnapping in the first or second degree, false imprisonment,
68-30 burglary or invasion of the home, the juvenile court shall, at the
68-31 request of the district attorney, conduct a separate hearing to
68-32 determine whether the act was sexually motivated.
68-33 2. At the hearing, only evidence concerning the question of
68-34 whether the unlawful act was sexually motivated may be
68-35 presented.
68-36 3. After hearing the evidence, the juvenile court shall
68-37 determine whether the unlawful act was sexually motivated and
68-38 shall enter its finding in the record.
68-39 4. For the purposes of this section, an unlawful act is
68-40 “sexually motivated” if one of the purposes for which the child
68-41 committed the unlawful act was his sexual gratification.
68-42 Sec. 180. As used in sections 180 to 185, inclusive, of this
68-43 act, unless the context otherwise requires, “sexual offense”
68-44 means:
68-45 1. Sexual assault pursuant to NRS 200.366;
69-1 2. Battery with intent to commit sexual assault pursuant to
69-2 NRS 200.400;
69-3 3. An offense involving pornography and a minor pursuant to
69-4 NRS 200.710 to 200.730, inclusive;
69-5 4. Open or gross lewdness pursuant to NRS 201.210, if
69-6 punishable as a felony;
69-7 5. Indecent or obscene exposure pursuant to NRS 201.220, if
69-8 punishable as a felony;
69-9 6. Lewdness with a child pursuant to NRS 201.230;
69-10 7. Sexual penetration of a dead human body pursuant to
69-11 NRS 201.450;
69-12 8. Annoyance or molestation of a minor pursuant to NRS
69-13 207.260, if punishable as a felony; or
69-14 9. An attempt to commit an offense listed in this section, if
69-15 punishable as a felony.
69-16 Sec. 181. 1. In addition to any other action authorized or
69-17 required pursuant to the provisions of this title and except as
69-18 otherwise provided in section 185 of this act, if a child is
69-19 adjudicated delinquent for an unlawful act that would have been a
69-20 sexual offense if committed by an adult or is adjudicated
69-21 delinquent for a sexually motivated act, the juvenile court shall:
69-22 (a) Place the child under the supervision of a probation officer
69-23 or parole officer, as appropriate, for a period of not less than 3
69-24 years.
69-25 (b) Except as otherwise provided in sections 183 and 184 of
69-26 this act, prohibit the child from attending a public school or
69-27 private school that a victim of the sexual offense or the sexually
69-28 motivated act is attending for the period ordered by the juvenile
69-29 court pursuant to paragraph (a).
69-30 (c) Order the parent or guardian of the child to inform the
69-31 probation officer or parole officer, as appropriate, assigned to the
69-32 child each time the child expects to change the public school or
69-33 private school that the child is attending, not later than 20 days
69-34 before the expected date of the change.
69-35 (d) Order the parent or guardian of the child, to the extent of
69-36 his financial ability, to reimburse all or part of the additional costs
69-37 of transporting the child, if the costs are incurred by a county
69-38 school district pursuant to NRS 392.251 to 392.271, inclusive.
69-39 (e) Inform the parent or guardian of the child of the
69-40 requirements of sections 180 to 185, inclusive, of this act and NRS
69-41 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.
69-42 2. The juvenile court may authorize a superintendent of a
69-43 county school district or the executive head of a private school
69-44 who receives notification from a probation officer or parole
69-45 officer, as appropriate, pursuant to section 182 of this act to
69-46 inform other appropriate educational personnel that the child has
70-1 been adjudicated delinquent for a sexual offense or a sexually
70-2 motivated act.
70-3 3. Except as otherwise provided in section 185 of this act,
70-4 the juvenile court may not terminate its jurisdiction concerning
70-5 the child for the purposes of carrying out the provisions of
70-6 sections 180 to 185, inclusive, of this act for the period ordered by
70-7 the juvenile court pursuant to paragraph (a) of subsection 1.
70-8 Sec. 182. 1. If a child has been adjudicated delinquent for
70-9 a sexual offense or a sexually motivated act, the probation officer
70-10 or parole officer, as appropriate, assigned to the child shall
70-11 provide notice that the child has been adjudicated delinquent for a
70-12 sexual offense or a sexually motivated act to:
70-13 (a) The superintendent of the county school district in which
70-14 the child resides; or
70-15 (b) If the child is attending a private school within this state,
70-16 the executive head of the private school.
70-17 2. If the probation officer or parole officer, as appropriate,
70-18 assigned to the child is informed by the parent or guardian of the
70-19 child that the child expects to change the public school or private
70-20 school that the child is attending or if the probation officer or
70-21 parole officer otherwise becomes aware of such a change, the
70-22 probation officer or parole officer shall provide notification that
70-23 the child has been adjudicated delinquent for a sexual offense or a
70-24 sexually motivated act to:
70-25 (a) The superintendent of the county school district in which
70-26 the child is or will be residing; or
70-27 (b) If the child is or will be attending a private school within
70-28 this state, the executive head of the private school.
70-29 3. Notification provided pursuant to this section must include
70-30 the name of each victim of a sexual offense or a sexually
70-31 motivated act committed by the child if the victim is attending a
70-32 public school or private school within this state.
70-33 Sec. 183. 1. The juvenile court may permit a child who has
70-34 been adjudicated delinquent for a sexual offense or a sexually
70-35 motivated act to attend a public school or private school that a
70-36 victim of the sexual offense or the sexually motivated act is
70-37 attending if, upon the request of the child, the superintendent of
70-38 the county school district or the executive head of the private
70-39 school:
70-40 (a) The juvenile court develops and approves an alternative
70-41 plan of supervision for the child that protects the safety and the
70-42 interests of the victim;
70-43 (b) The victim and the parent or guardian of the victim
70-44 consent, in writing, to the plan;
71-1 (c) The superintendent of the county school district or the
71-2 executive head of the private school consents, in writing, to
71-3 the plan; and
71-4 (d) The child and the parent or guardian of the child agree, in
71-5 writing, to comply with the conditions of the plan.
71-6 2. As part of an alternative plan of supervision, the juvenile
71-7 court shall impose reasonable conditions on the child and, if
71-8 necessary to facilitate the alternative plan, on the parent or
71-9 guardian of the child. The conditions must be designed to protect
71-10 the safety and the interests of the victim and to ensure that the
71-11 child complies with the plan.
71-12 3. Upon its own motion or upon a request from the district
71-13 attorney, the victim, the parent or guardian of the victim or the
71-14 probation officer or parole officer, as appropriate, assigned to
71-15 the child, the juvenile court may modify or rescind the alternative
71-16 plan of supervision or a condition of the alternative plan after
71-17 providing notice and an opportunity to be heard to the child, the
71-18 parent or guardian of the child, the district attorney and the
71-19 parties who consented to the alternative plan. If a proposed
71-20 modification is reasonably likely to increase contact between
71-21 the victim and the child, the juvenile court may not make the
71-22 modification without the written consent of the victim and the
71-23 parent or guardian of the victim. If the juvenile court rescinds
71-24 the alternative plan of supervision, the child is subject to the
71-25 provisions of sections 180 to 185, inclusive, of this act as if
71-26 the alternative plan had not existed.
71-27 4. Before the juvenile court accepts the written consent of the
71-28 victim and the parent or guardian of the victim pursuant to this
71-29 section, the juvenile court shall inform them of their right to
71-30 withhold consent and, except as otherwise provided in section 184
71-31 of this act, their right to have the child not attend the public school
71-32 or private school the victim is attending.
71-33 Sec. 184. 1. If the juvenile court does not approve an
71-34 alternative plan of supervision pursuant to section 183 of this act
71-35 for a child who has been adjudicated delinquent for a sexual
71-36 offense or a sexually motivated act, the superintendent of the
71-37 county school district or the executive head of the private school
71-38 may request that the juvenile court approve an alternative plan of
71-39 attendance for the child.
71-40 2. An alternative plan of attendance:
71-41 (a) Must be designed to prevent contact between the victim and
71-42 the child during school hours and during extracurricular activities
71-43 conducted on school grounds; and
71-44 (b) Must not interfere with or alter the schedule of classes or
71-45 the extracurricular activities of the victim.
72-1 3. Before approving an alternative plan of attendance, the
72-2 juvenile court shall provide notice and an opportunity to be heard
72-3 to the child, the parent or guardian of the child, the district
72-4 attorney, the victim and the parent or guardian of the victim.
72-5 4. If the juvenile court approves an alternative plan of
72-6 attendance, the district attorney, the victim or the parent or
72-7 guardian of the victim may petition the juvenile court to modify or
72-8 rescind the alternative plan on the basis that:
72-9 (a) The alternative plan is not protecting the safety or the
72-10 interests of the victim; or
72-11 (b) The child or the public school or private school is not
72-12 complying with the alternative plan.
72-13 5. Upon receiving a petition to modify or rescind an
72-14 alternative plan of attendance, the juvenile court may modify or
72-15 rescind the alternative plan after providing notice and an
72-16 opportunity to be heard to the child, the parent or guardian of the
72-17 child, the district attorney, the victim, the parent or guardian of
72-18 the victim and the superintendent of the county school district or
72-19 the executive head of the private school.
72-20 6. If the juvenile court rescinds the alternative plan of
72-21 attendance, the child is subject to the provisions of sections 180 to
72-22 185, inclusive, of this act as if the alternative plan had not existed.
72-23 Sec. 185. 1. A probation officer or parole officer, as
72-24 appropriate, assigned to a child who is subject to the provisions of
72-25 sections 180 to 185, inclusive, of this act may submit a petition to
72-26 the juvenile court requesting that the court terminate the
72-27 applicability of the provisions of sections 180 to 185, inclusive, of
72-28 this act with respect to the child if:
72-29 (a) At the time the child committed the sexual offense or the
72-30 sexually motivated act for which the child was adjudicated
72-31 delinquent, the child and the victim of the sexual offense or
72-32 sexually motivated act were members of the same family or
72-33 household;
72-34 (b) The child has complied with the terms and conditions of
72-35 his probation or parole, including, but not limited to, the
72-36 completion of any counseling in which the child was ordered to
72-37 participate;
72-38 (c) The child’s counselor recommends, in writing, that the
72-39 juvenile court terminate the applicability of the provisions of
72-40 sections 180 to 185, inclusive, of this act with respect to the child
72-41 to allow the reunification of the family or household; and
72-42 (d) The victim and the parent or guardian of the victim
72-43 consent, in writing, to the termination of the applicability of the
72-44 provisions of sections 180 to 185, inclusive, of this act with respect
72-45 to the child to allow the reunification of the family or household.
73-1 2. If the juvenile court grants a petition requested pursuant to
73-2 this section, the juvenile court shall provide written notice to the
73-3 public school or private school which the child is attending that
73-4 the juvenile court has terminated the applicability of the
73-5 provisions of sections 180 to 185, inclusive, of this act with respect
73-6 to the child.
73-7 Sec. 186. As used in sections 186 to 192, inclusive, of this act
73-8 unless the context otherwise requires, “sexual offense” means:
73-9 1. Sexual assault pursuant to NRS 200.366;
73-10 2. Battery with intent to commit sexual assault pursuant to
73-11 NRS 200.400;
73-12 3. An offense involving pornography and a minor pursuant to
73-13 NRS 200.710 or 200.720;
73-14 4. Lewdness with a child pursuant to NRS 201.230; or
73-15 5. An attempt to commit an offense listed in this section.
73-16 Sec. 187. Except as otherwise provided in subsection 2 of
73-17 section 192 of this act, the provisions of sections 186 to 192,
73-18 inclusive, of this act do not apply to a child who is subject to
73-19 registration and community notification pursuant to NRS
73-20 179D.350 to 179D.800, inclusive, before reaching 21 years of age.
73-21 Sec. 188. 1. In addition to any other action authorized or
73-22 required pursuant to the provisions of this title, if a child is
73-23 adjudicated delinquent for an unlawful act that would have been a
73-24 sexual offense if committed by an adult or is adjudicated
73-25 delinquent for a sexually motivated act, the juvenile court shall:
73-26 (a) Notify the Attorney General of the adjudication, so the
73-27 Attorney General may arrange for the assessment of the risk of
73-28 recidivism of the child pursuant to the guidelines and procedures
73-29 for community notification;
73-30 (b) Place the child under the supervision of a probation officer
73-31 or parole officer, as appropriate, for a period of not less than 3
73-32 years;
73-33 (c) Inform the child and the parent or guardian of the child
73-34 that the child is subject to community notification as a juvenile sex
73-35 offender and may be subject to registration and community
73-36 notification as an adult sex offender pursuant to section 191 of
73-37 this act; and
73-38 (d) Order the child, and the parent or guardian of the child
73-39 during the minority of the child, while the child is subject to
73-40 community notification as a juvenile sex offender, to inform the
73-41 probation officer or parole officer, as appropriate, assigned to the
73-42 child of a change of the address at which the child resides not
73-43 later than 48 hours after the change of address.
73-44 2. The juvenile court may not terminate its jurisdiction
73-45 concerning the child for the purposes of carrying out the
73-46 provisions of sections 186 to 192, inclusive, of this act until the
74-1 child is no longer subject to community notification as a juvenile
74-2 sex offender pursuant to sections 186 to 192, inclusive, of this act.
74-3 Sec. 189. 1. If a child has been adjudicated delinquent for
74-4 a sexual offense or a sexually motivated act, the probation officer
74-5 or parole officer, as appropriate, assigned to the child shall notify
74-6 the local law enforcement agency in whose jurisdiction the child
74-7 resides that the child:
74-8 (a) Has been adjudicated delinquent for a sexual offense or a
74-9 sexually motivated act; and
74-10 (b) Is subject to community notification as a juvenile sex
74-11 offender.
74-12 2. If the probation officer or parole officer, as appropriate,
74-13 assigned to the child is informed by the child or the parent or
74-14 guardian of the child that the child has changed the address at
74-15 which the child resides or if the probation officer or parole officer
74-16 otherwise becomes aware of such a change, the probation officer
74-17 or parole officer shall notify:
74-18 (a) The local law enforcement agency in whose jurisdiction the
74-19 child last resided that the child has moved; and
74-20 (b) The local law enforcement agency in whose jurisdiction the
74-21 child is now residing that the child:
74-22 (1) Has been adjudicated delinquent for a sexual offense or
74-23 a sexually motivated act; and
74-24 (2) Is subject to community notification as a juvenile sex
74-25 offender.
74-26 Sec. 190. 1. If a child who has been adjudicated delinquent
74-27 for a sexual offense or a sexually motivated act has not previously
74-28 been relieved of being subject to community notification as a
74-29 juvenile sex offender, the juvenile court may, at any appropriate
74-30 time, hold a hearing to determine whether the child should be
74-31 relieved of being subject to community notification as a juvenile
74-32 sex offender.
74-33 2. If the juvenile court determines at the hearing that the
74-34 child has been rehabilitated to the satisfaction of the juvenile court
74-35 and that the child is not likely to pose a threat to the safety of
74-36 others, the juvenile court may relieve the child of being subject to
74-37 community notification as a juvenile sex offender.
74-38 Sec. 191. Except as otherwise provided in sections 186 to
74-39 192, inclusive, of this act:
74-40 1. If a child who has been adjudicated delinquent for a sexual
74-41 offense or a sexually motivated act is not relieved of being subject
74-42 to community notification as a juvenile sex offender before the
74-43 child reaches 21 years of age, the juvenile court shall hold a
74-44 hearing when the child reaches 21 years of age to determine
74-45 whether the child should be deemed an adult sex offender for the
75-1 purposes of registration and community notification pursuant to
75-2 NRS 179D.350 to 179D.800, inclusive.
75-3 2. If the juvenile court determines at the hearing that the
75-4 child has been rehabilitated to the satisfaction of the juvenile court
75-5 and that the child is not likely to pose a threat to the safety of
75-6 others, the juvenile court shall relieve the child of being subject to
75-7 community notification.
75-8 3. If the juvenile court determines at the hearing that the
75-9 child has not been rehabilitated to the satisfaction of the juvenile
75-10 court or that the child is likely to pose a threat to the safety of
75-11 others, the juvenile court shall deem the child to be an adult sex
75-12 offender for the purposes of registration and community
75-13 notification pursuant to NRS 179D.350 to 179D.800, inclusive.
75-14 4. If a child is deemed to be an adult sex offender pursuant to
75-15 this section, the juvenile court shall notify the Central Repository
75-16 so the Central Repository may carry out the provisions for
75-17 registration of the child as an adult sex offender pursuant to
75-18 NRS 179D.450.
75-19 Sec. 192. 1. The records relating to a child must not be
75-20 sealed pursuant to the provisions of sections 218 to 225, inclusive,
75-21 of this act while the child is subject to community notification as a
75-22 juvenile sex offender.
75-23 2. If a child is deemed to be an adult sex offender pursuant to
75-24 section 191 of this act, is convicted of a sexual offense, as defined
75-25 in NRS 179D.410, before reaching 21 years of age or is otherwise
75-26 subject to registration and community notification pursuant to
75-27 NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of
75-28 age:
75-29 (a) The records relating to the child must not be sealed
75-30 pursuant to the provisions of sections 218 to 225, inclusive, of this
75-31 act; and
75-32 (b) Each delinquent act committed by the child that would
75-33 have been a sexual offense, as defined in NRS 179D.410 if
75-34 committed by an adult, shall be deemed to be a criminal conviction
75-35 for the purposes of:
75-36 (1) Registration and community notification pursuant to
75-37 NRS 179D.350 to 179D.800, inclusive; and
75-38 (2) The statewide registry established within the Central
75-39 Repository pursuant to chapter 179B of NRS.
75-40 Sec. 193. Title 5 of NRS is hereby amended by adding thereto
75-41 a new chapter to consist of the provisions set forth as sections 194 to
75-42 201, inclusive, of this act.
76-1 Sec. 194. As used in this chapter, “special supervision
76-2 program” means a probation program established in any county
76-3 which meets the standards prescribed by this chapter for the
76-4 rehabilitation of delinquent children and which includes:
76-5 1. A degree of supervision substantially above the usual; and
76-6 2. The use of new techniques rather than routine supervision
76-7 techniques.
76-8 Sec. 195. 1. It is the policy of this state to rehabilitate
76-9 delinquent children, to effect a more even administration of justice
76-10 and to increase the public welfare of the citizens of this state.
76-11 2. It is the purpose of this chapter to reduce the necessity for
76-12 commitment of delinquent children to a state facility for the
76-13 detention of children by strengthening and improving local
76-14 supervision of children placed on probation by the juvenile court.
76-15 Sec. 196. 1. The Department of Human Resources shall
76-16 adopt:
76-17 (a) Rules and regulations setting forth minimum standards for
76-18 the operation of special supervision programs; and
76-19 (b) Other rules as may be necessary for the administration of
76-20 the provisions of this chapter.
76-21 2. The standards must be sufficiently flexible to foster the
76-22 development of new and improved supervision practices and
76-23 techniques.
76-24 3. In developing the standards, the Department of Human
76-25 Resources shall seek advice from the appropriate officials in those
76-26 counties that participate in a special supervision program.
76-27 Sec. 197. From any legislative appropriation for such
76-28 purpose and in accordance with the provisions of this chapter, the
76-29 State of Nevada shall share the costs of supervising any delinquent
76-30 child:
76-31 1. Who is supervised pursuant to a special supervision
76-32 program; and
76-33 2. Who would otherwise be committed to a state facility for
76-34 the detention of children.
76-35 Sec. 198. 1. The juvenile court in each county may apply to
76-36 the Department of Human Resources to have the State of Nevada
76-37 share the costs of supervising any delinquent child in a special
76-38 supervision program.
76-39 2. The application must:
76-40 (a) Be in the form prescribed by the Department of Human
76-41 Resources;
76-42 (b) Include a plan or plans for providing special supervision
76-43 programs; and
76-44 (c) Include assurances that such funds will not be used to
76-45 replace local funds for existing programs for delinquent children.
77-1 3. The Department of Human Resources shall not distribute
77-2 any money to a juvenile court pursuant to the provisions of this
77-3 chapter until:
77-4 (a) The Department approves the application of the juvenile
77-5 court; and
77-6 (b) The juvenile court has complied with the provisions of this
77-7 chapter.
77-8 Sec. 199. 1. The Department of Human Resources shall
77-9 determine the applicable costs to the State of Nevada in
77-10 calculating the amount of money to be distributed to each juvenile
77-11 court.
77-12 2. The Department of Human Resources shall distribute
77-13 money to each juvenile court proportionately on the basis of:
77-14 (a) The population of the county within the jurisdiction of the
77-15 juvenile court; and
77-16 (b) Any other factors that the Department determines to be
77-17 relevant in accordance with the regulations adopted pursuant to
77-18 the provisions of this chapter.
77-19 3. If a juvenile court does not submit an application to the
77-20 Department of Human Resources pursuant to the provisions of
77-21 this chapter, the Department may distribute the proportionate
77-22 share that otherwise would have been distributed to that juvenile
77-23 court to other juvenile courts in accordance with the regulations
77-24 adopted pursuant to the provisions of this chapter.
77-25 Sec. 200. 1. Except as otherwise provided in this section,
77-26 each juvenile court shall use the money distributed by the
77-27 Department of Human Resources pursuant to the provisions of
77-28 this chapter to:
77-29 (a) Carry out the purposes of this chapter;
77-30 (b) Employ necessary probation officers who shall carry
77-31 caseloads substantially less than required for normal or routine
77-32 supervision; and
77-33 (c) Initiate new techniques and services of an innovative
77-34 nature for delinquent children.
77-35 2. Any money which is distributed to a juvenile court
77-36 pursuant to the provisions of this chapter for any fiscal year
77-37 beginning on or after July 1, 1991, and which represents an
77-38 increase over the amount distributed to the juvenile court
77-39 pursuant to the provisions of this chapter for the fiscal year
77-40 ending June 30, 1991:
77-41 (a) Must not be used to offset the salaries of governmental
77-42 employees.
77-43 (b) May be used only for the purchase of goods, property or
77-44 services necessary to carry out the purposes of this chapter.
77-45 Sec. 201. 1. Each juvenile court receiving funds pursuant
77-46 to the provisions of this chapter shall report to the Department of
78-1 Human Resources, on or before July 1 and December 31 of each
78-2 year, the experience and results of the juvenile court in complying
78-3 with the purposes of this chapter.
78-4 2. The Department of Human Resources shall compile such
78-5 reports and submit them to the Legislature upon its convening in
78-6 regular session.
78-7 Sec. 202. Title 5 of NRS is hereby amended by adding thereto
78-8 a new chapter to consist of the provisions set forth as sections 203 to
78-9 212, inclusive, of this act.
78-10 Sec. 203. 1. Any facility for the detention of children:
78-11 (a) Must be constructed and conducted as nearly like a home
78-12 as possible;
78-13 (b) Must not be deemed to be or treated as a penal institution;
78-14 and
78-15 (c) Except as otherwise provided in subsection 2, must not
78-16 adjoin, be located on the same grounds as, or share common
78-17 facilities or common grounds with a prison, an adult jail or an
78-18 adult lockup.
78-19 2. If a facility for the detention of children complies with the
78-20 provisions of 28 C.F.R. § 31.303 relating to collocated facilities,
78-21 the facility for the detention of children may adjoin, be located on
78-22 the same grounds as, or share common facilities or common
78-23 grounds with an adult jail or an adult lockup.
78-24 Sec. 204. 1. The board of county commissioners:
78-25 (a) In a county whose population is 50,000 or more, shall
78-26 provide a facility for the detention of children.
78-27 (b) In all other counties, may provide a facility for the
78-28 detention of children.
78-29 2. The boards of county commissioners of two or more
78-30 counties, without regard to the population of the counties, may
78-31 provide a combined facility for the detention of children under
78-32 terms agreed upon by the boards of county commissioners and the
78-33 juvenile courts of the affected judicial districts.
78-34 3. In addition to any facilities for the detention of children, a
78-35 board of county commissioners may establish or maintain
78-36 programs which provide alternatives to placing a child in a facility
78-37 for the detention of children.
78-38 Sec. 205. 1. Except as otherwise provided in subsection 6,
78-39 each county shall pay an assessment for the operation of each
78-40 regional facility for the detention of children that is partially
78-41 supported by the State of Nevada and is operated by a county
78-42 whose population is less than 400,000.
78-43 2. The assessment owed by each county equals the total
78-44 amount budgeted by the Legislature for the operation of the
78-45 regional facility, minus any money appropriated by the Legislature
78-46 for the support of the regional facility, divided by the total number
79-1 of pupils in this state in the preceding school year, excluding
79-2 pupils in counties whose population is 400,000 or more, and
79-3 multiplied by the number of pupils in the assessed county. The
79-4 Administrator of the Division of Child and Family Services shall
79-5 calculate the assessment owed by each county in June of each
79-6 year for the ensuing fiscal year.
79-7 3. Each county must pay the assessed amount to the Division
79-8 of Child and Family Services in quarterly installments that are
79-9 due the first day of the first month of each calendar quarter.
79-10 4. The Administrator of the Division of Child and Family
79-11 Services shall deposit the money received pursuant to subsection 3
79-12 in a separate account in the State General Fund. The money in
79-13 the account may be withdrawn only by the Administrator for the
79-14 operation of regional facilities for the detention of children.
79-15 5. Revenue raised by a county to pay the assessment required
79-16 pursuant to subsection 1 is not subject to the limitations on
79-17 revenue imposed pursuant to chapter 354 of NRS and must not be
79-18 included in the calculation of those limitations.
79-19 6. The provisions of this section do not apply to a county
79-20 whose population is 400,000 or more.
79-21 7. As used in this section, “regional facility for the detention
79-22 of children” or “regional facility” does not include the institution
79-23 in Lyon County known as Western Nevada Regional Youth
79-24 Center.
79-25 Sec. 206. 1. Except as otherwise provided in subsection 5,
79-26 each county shall pay an assessment for the operation of a
79-27 regional facility for the detention of children that serves the
79-28 county if the regional facility:
79-29 (a) Is operated by a county whose population is less than
79-30 400,000 or an administrative entity established pursuant to NRS
79-31 277.080 to 277.180, inclusive, by counties whose populations are
79-32 less than 400,000 each;
79-33 (b) Is established by two or more counties pursuant to an
79-34 interlocal agreement or by one county if the regional facility is
79-35 operated pursuant to an interlocal agreement to benefit other
79-36 counties; and
79-37 (c) Is not partially supported by the State of Nevada and does
79-38 not receive money from the State of Nevada other than any fees
79-39 paid to the regional facility for a child referred to the regional
79-40 facility by the State of Nevada.
79-41 2. The administrator of a regional facility for the detention of
79-42 children shall calculate the assessment owed by each county
79-43 pursuant to subsection 1 on or before March 1 of each year for the
79-44 ensuing fiscal year. The assessment owed by each county equals:
79-45 (a) For the first 2 years of operation of the regional facility,
79-46 the total amount budgeted for the operation of the regional facility
80-1 by the governing body of the county or other entity responsible for
80-2 the operation of the regional facility, minus any money received
80-3 from the State of Nevada to pay for fees for a child referred to the
80-4 regional facility by the State of Nevada, divided by the total
80-5 number of pupils in the preceding school year in all counties
80-6 served by the regional facility and multiplied by the number of
80-7 pupils in the preceding school year in the assessed county.
80-8 (b) For each year subsequent to the second year of operation
80-9 of the regional facility, unless the counties served by the regional
80-10 facility enter into an interlocal agreement to the contrary, the total
80-11 of:
80-12 (1) The total amount budgeted for the operation of the
80-13 regional facility by the governing body of the county or other
80-14 entity responsible for the operation of the regional facility, minus
80-15 any money received from the State of Nevada to pay for fees for a
80-16 child referred to the regional facility by the State of Nevada,
80-17 divided by the total number of pupils in the preceding school year
80-18 in all counties served by the regional facility, multiplied by the
80-19 number of pupils in the preceding school year in the assessed
80-20 county and multiplied by one-fourth; and
80-21 (2) The total amount budgeted for the operation of the
80-22 regional facility by the governing body of the county or other
80-23 entity responsible for the operation of the regional facility, minus
80-24 any money received from the State of Nevada to pay for fees for a
80-25 child referred to the regional facility by the State of Nevada,
80-26 divided by the total number of pupils who were served by the
80-27 regional facility in the preceding school year from all counties
80-28 served by the regional facility, multiplied by the number of pupils
80-29 who were served by the regional facility in the preceding school
80-30 year from the assessed county and multiplied by three-fourths.
80-31 3. Each county shall pay the assessment required pursuant to
80-32 subsection 1 to the treasurer of the county if the regional facility is
80-33 operated by a county or to the administrative entity responsible for
80-34 the operation of the regional facility in quarterly installments that
80-35 are due on the first day of the first month of each calendar
80-36 quarter. The money must be accounted for separately and may
80-37 only be withdrawn by the administrator of the regional facility.
80-38 4. The board of county commissioners of each county may
80-39 pay the assessment from revenue raised by a tax levied pursuant to
80-40 NRS 354.59818, any other available money, or a combination
80-41 thereof.
80-42 5. The provisions of this section do not apply to a county
80-43 whose population is 400,000 or more.
80-44 6. As used in this section, “regional facility for the detention
80-45 of children” or “regional facility” does not include the institution
80-46 in Douglas County known as China Spring Youth Camp.
81-1 Sec. 207. 1. All expenses incurred in complying with the
81-2 provisions of this title are a charge against the county, except for
81-3 expenses that must be paid by the State of Nevada pursuant to the
81-4 provisions of sections 231 to 282, inclusive, of this act or a specific
81-5 statute.
81-6 2. Except as otherwise provided in subsection 3, within the
81-7 limits provided by the board of county commissioners, the juvenile
81-8 court shall fix the salaries, expenses and other compensation of
81-9 masters of the juvenile court, probation officers and all employees
81-10 of the juvenile court.
81-11 3. If the board of county commissioners has established a
81-12 department of juvenile justice services by ordinance pursuant to
81-13 sections 82 to 87, inclusive, of this act, the board of county
81-14 commissioners shall fix the salaries, expenses and other
81-15 compensation of probation officers, assistant probation officers
81-16 and all employees of the department of juvenile justice services.
81-17 Sec. 208. 1. If a child is detained other than pursuant to a
81-18 court order in a local or regional facility for the detention of
81-19 children, the county that has detained the child is entitled to
81-20 reimbursement from the parent or guardian of the child for all
81-21 money expended by the county for the support of the child during
81-22 the period of the child’s detention.
81-23 2. If the parent or guardian of the child fails or refuses to
81-24 reimburse the county, the board of county commissioners may
81-25 recover from the parent or guardian, by appropriate legal action,
81-26 all money due plus interest thereon at the rate of 7 percent per
81-27 annum.
81-28 Sec. 209. 1. If a child becomes subject to the jurisdiction of
81-29 the juvenile court and the child receives ancillary services that are
81-30 administered or financed by a county, including, but not limited
81-31 to, transportation or psychiatric, psychological or medical services,
81-32 the county is entitled to reimbursement from the parent or
81-33 guardian of the child for all money expended by the county for
81-34 such services.
81-35 2. To determine the amount that the parent or guardian of
81-36 the child must reimburse the county for such services:
81-37 (a) The board of county commissioners may adopt a sliding
81-38 scale based on the ability of the parent or guardian to pay; and
81-39 (b) The juvenile court shall review each case and make a
81-40 finding as to the reasonableness of the charge in relation to the
81-41 ability of the parent or guardian to pay.
81-42 3. If the parent or guardian of the child fails or refuses to
81-43 reimburse the county, the board of county commissioners may
81-44 recover from the parent or guardian, by appropriate legal action,
81-45 all money due plus interest thereon at the rate of 7 percent per
82-1 annum commencing 30 days after an itemized statement of all
82-2 money due is submitted to the parent or guardian.
82-3 Sec. 210. Except as otherwise provided in this chapter, if the
82-4 juvenile court commits a child to the custody of a person who is
82-5 not the parent or guardian of the child or to the custody of a
82-6 public or private institution or agency, and no provision is
82-7 otherwise made by law for the support of the child, the expenses
82-8 incurred for the support of the child while in such custody, if
82-9 approved by an order of the juvenile court, are a charge upon the
82-10 county where the child has a legal residence.
82-11 Sec. 211. 1. Except as otherwise provided in this
82-12 subsection, if a child is committed to the custody of a regional
82-13 facility for the detention of children, the juvenile court may order
82-14 the county where the child has a legal residence to pay the
82-15 expenses incurred for the support of the child in an amount equal
82-16 to any money paid for that purpose by the Division of Child and
82-17 Family Services. Such an order may not be entered if the county
82-18 maintains the facility to which the child is committed.
82-19 2. The juvenile court may order the parent or guardian of the
82-20 child to reimburse the county, in whole or in part, for any money
82-21 expended by the county for the support of the child.
82-22 3. This section does not prohibit the juvenile court from
82-23 providing for the support of the child in any other manner
82-24 authorized by law.
82-25 Sec. 212. 1. Notwithstanding any other statute providing
82-26 for the support of a child, after the parent or guardian of a child
82-27 has been given notice and a reasonable opportunity to be heard,
82-28 the juvenile court may order the parent or guardian to pay, in
82-29 such a manner as the juvenile court may direct and within the
82-30 ability of the parent or guardian to pay, money to cover in whole
82-31 or in part the support of the child.
82-32 2. If the parent or guardian of the child willfully fails or
82-33 refuses to pay the money due, the juvenile court may proceed
82-34 against the parent or guardian for contempt.
82-35 3. If the juvenile court orders the parent or guardian of the
82-36 child to pay for the support of the child pursuant to this section,
82-37 the money must be paid to the superintendent of the county school
82-38 district or fiscal officer of the institution to which the child is
82-39 committed, or the chief administrative officer of the agency to
82-40 whom the child is committed.
82-41 Sec. 213. Title 5 of NRS is hereby amended by adding thereto
82-42 a new chapter to consist of the provisions set forth as sections 214 to
82-43 229, inclusive, of this act.
83-1 Sec. 214. 1. The fingerprints of a child must be taken if the
83-2 child is in custody for an unlawful act that, if committed by an
83-3 adult, would have been:
83-4 (a) A felony, gross misdemeanor or sexual offense; or
83-5 (b) A misdemeanor and the unlawful act involved:
83-6 (1) The use or threatened use of force or violence against
83-7 the victim; or
83-8 (2) The possession, use or threatened use of a firearm or a
83-9 deadly weapon.
83-10 2. The fingerprints of a child who is in custody but who is not
83-11 subject to the provisions of subsection 1 may be taken if a law
83-12 enforcement officer finds latent fingerprints during the
83-13 investigation of an offense and the officer has reason to believe
83-14 that the latent fingerprints are those of the child. The officer shall
83-15 use the fingerprints taken from the child to make an immediate
83-16 comparison with the latent fingerprints. If the comparison is:
83-17 (a) Negative, the fingerprint card and other copies of the
83-18 fingerprints taken may be immediately destroyed or may be
83-19 retained for future use.
83-20 (b) Positive, the fingerprint card and other copies of the
83-21 fingerprints:
83-22 (1) Must be delivered to the juvenile court for disposition if
83-23 the child is referred to the juvenile court.
83-24 (2) May be immediately destroyed or may be retained for
83-25 future use if the child is not referred to the juvenile court.
83-26 3. Fingerprints that are taken from a child pursuant to the
83-27 provisions of this section:
83-28 (a) May be retained in a local file or a local system for the
83-29 automatic retrieval of fingerprints if they are retained under
83-30 special security measures that limit inspection of the fingerprints
83-31 to law enforcement officers who are conducting criminal
83-32 investigations. If the child from whom the fingerprints are taken
83-33 subsequently is not adjudicated delinquent, the parent or guardian
83-34 of the child or, when the child becomes at least 18 years of age, the
83-35 child may petition the juvenile court for the removal of the
83-36 fingerprints from any local file or local system.
83-37 (b) Must be submitted to the Central Repository if the child is
83-38 adjudicated delinquent for an unlawful act that would be a felony
83-39 or a sexual offense if committed by an adult, and may be
83-40 submitted to the Central Repository for any other act. Any such
83-41 fingerprints submitted to the Central Repository must be submitted
83-42 with a description of the child and the unlawful act, if any, that
83-43 the child committed. The Central Repository shall retain the
83-44 fingerprints and information of the child under special security
83-45 measures that limit inspection of the fingerprints and the
83-46 information to:
84-1 (1) Law enforcement officers who are conducting criminal
84-2 investigations; and
84-3 (2) Officers and employees of the Central Repository who
84-4 are assisting law enforcement officers with criminal investigations
84-5 or who are conducting research or performing a statistical
84-6 analysis.
84-7 (c) Must not be submitted to the Federal Bureau of
84-8 Investigation unless the child is adjudicated delinquent for an
84-9 unlawful act that would have been a felony or a sexual offense if
84-10 committed by an adult.
84-11 4. A child who is in custody must be photographed for the
84-12 purpose of identification. Except as otherwise provided in this
84-13 subsection, the photographs of the child must be kept in the file
84-14 pertaining to the child under special security measures which
84-15 provide that the photographs may be inspected only to conduct
84-16 criminal investigations and photographic lineups. If the juvenile
84-17 court subsequently determines that the child is not delinquent, the
84-18 juvenile court shall order the photographs to be destroyed.
84-19 5. Any person who willfully violates any provision of this
84-20 section is guilty of a misdemeanor.
84-21 6. As used in this section, “sexual offense” means:
84-22 (a) Sexual assault pursuant to NRS 200.366;
84-23 (b) Statutory sexual seduction pursuant to NRS 200.368;
84-24 (c) Battery with intent to commit sexual assault pursuant to
84-25 NRS 200.400;
84-26 (d) An offense involving pornography and a minor pursuant to
84-27 NRS 200.710 to 200.730, inclusive;
84-28 (e) Incest pursuant to NRS 201.180;
84-29 (f) Solicitation of a minor to engage in acts constituting the
84-30 infamous crime against nature pursuant to NRS 201.195;
84-31 (g) Open or gross lewdness pursuant to NRS 201.210;
84-32 (h) Indecent or obscene exposure pursuant to NRS 201.220;
84-33 (i) Lewdness with a child pursuant to NRS 201.230;
84-34 (j) Sexual penetration of a dead human body pursuant to
84-35 NRS 201.450;
84-36 (k) Annoyance or molestation of a minor pursuant to
84-37 NRS 207.260;
84-38 (l) An attempt to commit an offense listed in paragraphs (a)
84-39 to (k), inclusive; or
84-40 (m) An offense that is determined to be sexually motivated
84-41 pursuant to NRS 175.547.
85-1 Sec. 215. 1. A news medium may not publish, broadcast or
85-2 air the name or race of any child connected with any proceeding
85-3 conducted pursuant to the provisions of this title without a written
85-4 order of the juvenile court unless:
85-5 (a) The proceeding has been opened to the public pursuant to
85-6 section 118 of this act; or
85-7 (b) The release of the information is authorized pursuant to
85-8 subsection 2.
85-9 2. An officer or employee of the juvenile court may release to
85-10 a news medium the name of a child and the nature of the charges
85-11 against the child, and any news medium may publish, broadcast or
85-12 air such information if:
85-13 (a) The child has been adjudicated delinquent on at least one
85-14 prior occasion for an unlawful act which would have been a
85-15 felony if committed by an adult and which resulted in death or
85-16 serious bodily injury, and the child is charged with committing
85-17 another unlawful act which would have been a felony if committed
85-18 by an adult; or
85-19 (b) The child has been adjudicated delinquent on at least two
85-20 prior occasions for unlawful acts which would have been felonies
85-21 if committed by an adult, and the child is charged with committing
85-22 another unlawful act which would have been a felony if committed
85-23 by an adult.
85-24 Sec. 216. 1. The juvenile court shall make and keep
85-25 records of all cases brought before the juvenile court.
85-26 2. Except as otherwise provided in this section, records of any
85-27 case brought before the juvenile court may be opened to inspection
85-28 only by court order to persons who have a legitimate interest in the
85-29 records.
85-30 3. The following records and information may be opened to
85-31 inspection without a court order:
85-32 (a) Records of traffic violations which are being forwarded to
85-33 the Department of Motor Vehicles;
85-34 (b) Records which have not been sealed and which are
85-35 required by the Division of Parole and Probation for preparation
85-36 of presentence investigations and reports pursuant to NRS
85-37 176.135 or general investigations and reports pursuant to
85-38 NRS 176.151;
85-39 (c) Records which have not been sealed and which are to be
85-40 used, pursuant to chapter 179D of NRS, by:
85-41 (1) The Central Repository;
85-42 (2) The Division of Parole and Probation; or
85-43 (3) A person who is conducting an assessment of the risk of
85-44 recidivism of an adult or juvenile sex offender;
85-45 (d) Information maintained in the standardized system
85-46 established pursuant to section 226 of this act; and
86-1 (e) Information that must be collected by the Division of Child
86-2 and Family Services pursuant to section 228 of this act.
86-3 4. The clerk of the court shall prepare and cause to be printed
86-4 forms for social and legal records and other papers as may be
86-5 required.
86-6 Sec. 217. 1. If a child has committed an act which subjects
86-7 the child to the jurisdiction of the juvenile court and which may
86-8 form the basis of a civil action, a person who, in good faith,
86-9 intends to bring or has brought the civil action or any other person
86-10 who is a party to the civil action may petition the juvenile court for
86-11 release of the child’s name.
86-12 2. If the person who petitions the juvenile court makes a
86-13 satisfactory showing that the person intends, in good faith, to use
86-14 the child’s name in the civil action, the juvenile court shall order
86-15 the release of the child’s name and authorize its use in the civil
86-16 action.
86-17 Sec. 218. 1. As used in sections 218 to 225, inclusive, of
86-18 this act, unless the context otherwise requires, “records” means
86-19 any records relating to a child who is within the purview of this
86-20 title and who:
86-21 (a) Is taken into custody by a peace officer or a probation
86-22 officer or is otherwise taken before a probation officer; or
86-23 (b) Appears before the juvenile court or any other court
86-24 pursuant to the provisions of this title.
86-25 2. The term includes records of arrest.
86-26 Sec. 219. The provisions of sections 218 to 225, inclusive, of
86-27 this act do not apply to:
86-28 1. Information maintained in the standardized system
86-29 established pursuant to section 226 of this act;
86-30 2. Information that must be collected by the Division of Child
86-31 and Family Services pursuant to section 228 of this act;
86-32 3. Records that are subject to the provisions of section 192 of
86-33 this act; or
86-34 4. Records relating to a traffic offense that would have been a
86-35 misdemeanor if committed by an adult.
86-36 Sec. 220. Any decree or order entered concerning a child
86-37 within the purview of this title must contain, for the benefit of the
86-38 child, an explanation of the contents of sections 218 to 225,
86-39 inclusive, of this act Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).and, if applicable, section 192 of this act.
86-40 Sec. 221. 1. If a child is less than 21 years of age, the child
86-41 or a probation officer on behalf of the child may petition the
86-42 juvenile court for an order sealing all records relating to the child.
86-43 The petition may be filed not earlier than 3 years after the child:
86-44 (a) Was last adjudicated in need of supervision or adjudicated
86-45 delinquent; or
86-46 (b) Was last referred to the juvenile court,
87-1 whichever is later.
87-2 2. If a petition is filed pursuant to this section, the juvenile
87-3 court shall notify the district attorney and, if a probation officer is
87-4 not the petitioner, the chief probation officer.
87-5 3. The district attorney and the chief probation officer, or any
87-6 of their deputies, or any other person who has evidence that is
87-7 relevant to consideration of the petition may testify at the hearing
87-8 on the petition.
87-9 4. After the hearing on the petition, the juvenile court shall
87-10 enter an order sealing all records relating to the child if the
87-11 juvenile court finds that:
87-12 (a) During the applicable 3‑year period, the child has not been
87-13 convicted of a felony or of any misdemeanor involving moral
87-14 turpitude; and
87-15 (b) The child has been rehabilitated to the satisfaction of the
87-16 juvenile court.
87-17 Sec. 222. Except as otherwise provided in section 223 of this
87-18 act, when a child reaches 21 years of age, all records relating to
87-19 the child must be sealed automatically.
87-20 Sec. 223. 1. If a child is adjudicated delinquent for an
87-21 unlawful act listed in subsection 6 and the records relating to that
87-22 unlawful act have not been sealed by the juvenile court pursuant
87-23 to section 221 of this act before the child reaches 21 years of age,
87-24 those records must not be sealed before the child reaches 30 years
87-25 of age.
87-26 2. After the child reaches 30 years of age, the child may
87-27 petition the juvenile court for an order sealing those records.
87-28 3. If a petition is filed pursuant to this section, the juvenile
87-29 court shall notify the district attorney and the chief probation
87-30 officer.
87-31 4. The district attorney and the chief probation officer, or any
87-32 of their deputies, or any other person who has evidence that is
87-33 relevant to consideration of the petition may testify at the hearing
87-34 on the petition.
87-35 5. After the hearing on the petition, the juvenile court may
87-36 enter an order sealing the records relating to the child if the
87-37 juvenile court finds that, during the period since the child reached
87-38 21 years of age, the child has not been convicted of any offense,
87-39 except for minor moving or standing traffic offenses.
87-40 6. The provisions of this section apply to any of the following
87-41 unlawful acts:
87-42 (a) An unlawful act which, if committed by an adult, would
87-43 have constituted:
87-44 (1) Sexual assault pursuant to NRS 200.366;
87-45 (2) Battery with intent to commit sexual assault pursuant to
87-46 NRS 200.400; or
88-1 (3) Lewdness with a child pursuant to NRS 201.230.
88-2 (b) An unlawful act which would have been a felony if
88-3 committed by an adult and which involved the use or threatened
88-4 use of force or violence.
88-5 Sec. 224. 1. If the juvenile court enters an order sealing the
88-6 records relating to a child or the records are sealed automatically,
88-7 all records relating to the child must be sealed that are in the
88-8 custody of:
88-9 (a) The juvenile court or any other court;
88-10 (b) A probation officer, probation department or law
88-11 enforcement agency; or
88-12 (c) Any other public officer or agency.
88-13 2. If the juvenile court enters an order sealing the records
88-14 relating to a child, the juvenile court shall send a copy of the order
88-15 to each public officer or agency named in the order. Not later than
88-16 5 days after receipt of the order, each public officer or agency
88-17 shall:
88-18 (a) Seal the records in the custody of the public officer or
88-19 agency, as directed by the order;
88-20 (b) Advise the juvenile court of compliance with the order; and
88-21 (c) Seal the copy of the order received by the public officer or
88-22 agency.
88-23 Sec. 225. 1. Except as otherwise provided in this section, if
88-24 the records of a person are sealed:
88-25 (a) All proceedings recounted in the records are deemed never
88-26 to have occurred; and
88-27 (b) The person may reply accordingly to any inquiry
88-28 concerning the proceedings and the acts which brought about the
88-29 proceedings.
88-30 2. The juvenile court may order the inspection of records that
88-31 are sealed if:
88-32 (a) The person who is the subject of the records petitions the
88-33 juvenile court to permit the inspection of the records by the
88-34 persons named in the petition;
88-35 (b) An agency charged with the medical or psychiatric care of
88-36 the person who is the subject of the records petitions the juvenile
88-37 court to permit the inspection of the records by the agency; or
88-38 (c) A district attorney or an attorney representing a defendant
88-39 in a criminal action petitions the juvenile court to permit the
88-40 inspection of the records to obtain information relating to the
88-41 persons who were involved in the acts detailed in the records.
88-42 3. Upon its own order, any court of this state may inspect
88-43 records that are sealed if the records relate to a person who is less
88-44 than 21 years of age and who is to be sentenced by the court in a
88-45 criminal proceeding.
89-1 Sec. 226. 1. The Division of Child and Family Services
89-2 shall:
89-3 (a) Establish a standardized system for the reporting,
89-4 collection, analysis, maintenance and retrieval of information
89-5 concerning juvenile justice in this state.
89-6 (b) Be responsible for the retrieval and analysis of the
89-7 categories of information contained in the standardized system
89-8 and the development of any reports from that information.
89-9 (c) Adopt such regulations as are necessary to carry out
89-10 the provisions of this section, including requirements for the
89-11 transmittal of information to the standardized system from the
89-12 juvenile courts, local juvenile probation departments and the staff
89-13 of the youth correctional services, as directed by the Department
89-14 of Human Resources.
89-15 2. Each juvenile court and local juvenile probation
89-16 department and the staff of the youth correctional services, as
89-17 directed by the Department of Human Resources, shall comply
89-18 with the regulations adopted pursuant to this section.
89-19 Sec. 227. 1. Except as otherwise provided in subsection 3,
89-20 the standardized system established pursuant to section 226 of this
89-21 act must collect, categorize and maintain the following
89-22 information from the juvenile courts, local juvenile probation
89-23 departments and the staff of the youth correctional services, as
89-24 directed by the Department of Human Resources, regarding each
89-25 child referred to the system of juvenile justice in this state:
89-26 (a) A unique number assigned to the child for identification;
89-27 (b) Basic demographic information regarding the child,
89-28 including, but not limited to:
89-29 (1) The age, sex and race or other ethnic background of the
89-30 child;
89-31 (2) The composition of the household in which the child
89-32 resides; and
89-33 (3) The economic background of the child;
89-34 (c) The charges for which the child is referred;
89-35 (d) The dates of any detention of the child;
89-36 (e) The nature of the disposition of each referral of the child;
89-37 (f) The dates any petitions are filed regarding the child, and
89-38 the charges set forth in those petitions; and
89-39 (g) The disposition of any petitions filed regarding the child,
89-40 including any applicable findings.
89-41 2. In addition to the information required pursuant to
89-42 subsection 1 and except as otherwise provided in subsection 3, the
89-43 Department of Human Resources shall require the staff of the
89-44 youth correctional services to collect and transmit the following
89-45 information to the standardized system regarding each child
90-1 committed to or otherwise placed in the custody of the Division of
90-2 Child and Family Services:
90-3 (a) A record of each placement of the child, including, but not
90-4 limited to, the period of each placement and the services provided
90-5 to the child during each placement;
90-6 (b) The dates of each release of the child, including any
90-7 release of the child on parole;
90-8 (c) If the child is released on parole, the period of each release
90-9 and the services provided to the child during each release; and
90-10 (d) The nature of or reason for each discharge of the child
90-11 from the custody of the Division of Child and Family Services.
90-12 3. The information maintained in the standardized system
90-13 must not include the name or address of any person.
90-14 Sec. 228. 1. For each child adjudicated delinquent for an
90-15 unlawful act that would have been a sexual offense if committed
90-16 by an adult, the Division of Child and Family Services shall collect
90-17 from the juvenile courts, local juvenile probation departments and
90-18 the staff of the youth correctional services, as directed by the
90-19 Department of Human Resources:
90-20 (a) The information listed in section 227 of this act;
90-21 (b) The name of the child; and
90-22 (c) All information concerning programs of treatment in
90-23 which the child participated that:
90-24 (1) Were directly related to the delinquent act committed by
90-25 the child; or
90-26 (2) Were designed or utilized to prevent the commission of
90-27 another such act by the child in the future.
90-28 2. The Division of Child and Family Services shall provide
90-29 the information collected pursuant to subsection 1 to the Central
90-30 Repository for use in the program established pursuant to NRS
90-31 179A.270, 179A.280 and 179A.290.
90-32 3. All information containing the name of the child and all
90-33 information relating to programs of treatment in which the child
90-34 participated is confidential and must not be used for a purpose
90-35 other than that provided for in this section and NRS 179A.290.
90-36 4. As used in this section, “sexual offense” means:
90-37 (a) Sexual assault pursuant to NRS 200.366;
90-38 (b) Statutory sexual seduction pursuant to NRS 200.368;
90-39 (c) Battery with intent to commit sexual assault pursuant to
90-40 NRS 200.400;
90-41 (d) An offense involving pornography and a minor pursuant to
90-42 NRS 200.710 to 200.730, inclusive;
90-43 (e) Incest pursuant to NRS 201.180;
90-44 (f) Solicitation of a minor to engage in acts constituting the
90-45 infamous crime against nature pursuant to NRS 201.195;
90-46 (g) Open or gross lewdness pursuant to NRS 201.210;
91-1 (h) Indecent or obscene exposure pursuant to NRS 201.220;
91-2 (i) Lewdness with a child pursuant to NRS 201.230;
91-3 (j) Sexual penetration of a dead human body pursuant to
91-4 NRS 201.450;
91-5 (k) Luring a child using a computer, system or network
91-6 pursuant to NRS 201.560, if punished as a felony;
91-7 (l) Annoyance or molestation of a minor pursuant to
91-8 NRS 207.260;
91-9 (m) An attempt to commit an offense listed in paragraphs (a)
91-10 to (l), inclusive;
91-11 (n) An offense that is determined to be sexually motivated
91-12 pursuant to NRS 175.547; or
91-13 (o) An offense committed in another jurisdiction that, if
91-14 committed in this state, would have been an offense listed in this
91-15 subsection.
91-16 Sec. 229. 1. On or before January 31 of each year, each
91-17 local juvenile probation department shall:
91-18 (a) Analyze the information it submitted to the standardized
91-19 system during the previous year pursuant to section 227 of this act
91-20 to determine whether children of racial or ethnic minorities and
91-21 children from economically disadvantaged homes are receiving
91-22 disparate treatment in the system of juvenile justice in comparison
91-23 to the general population;
91-24 (b) As necessary, develop appropriate recommendations to
91-25 address any disparate treatment; and
91-26 (c) Prepare and submit to the Division of Child and Family
91-27 Services a report which includes:
91-28 (1) The results of the analysis it conducted pursuant to
91-29 paragraph (a); and
91-30 (2) Any recommendations it developed pursuant to
91-31 paragraph (b).
91-32 2. The Division of Child and Family Services shall annually:
91-33 (a) Compile the reports it receives pursuant to subsection 1;
91-34 and
91-35 (b) Publish a document which includes a compilation of the
91-36 reports.
91-37 Sec. 230. Title 5 of NRS is hereby amended by adding thereto
91-38 a new chapter to consist of the provisions set forth as sections 231 to
91-39 282, inclusive, of this act.
91-40 Sec. 231. As used in this chapter, unless the context
91-41 otherwise requires, the words and terms defined in sections 232 to
91-42 235, inclusive, of this act have the meanings ascribed to them in
91-43 those sections.
91-44 Sec. 232. 1. “Commissary fund” means a commissary fund
91-45 created pursuant to section 256 of this act.
92-1 2. The term includes a commissary fund established for the
92-2 Nevada Youth Training Center and for the Caliente Youth Center.
92-3 Sec. 233. 1. “Facility” means a state facility for the
92-4 detention or commitment of children which is administered by the
92-5 State of Nevada.
92-6 2. The term includes, but is not limited to, the Nevada Youth
92-7 Training Center and the Caliente Youth Center.
92-8 Sec. 234. 1. “Gift account” means a gift account
92-9 established for a facility in the gift fund of the Department of
92-10 Human Resources.
92-11 2. The term includes the gift accounts established for the
92-12 Nevada Youth Training Center and for the Caliente Youth Center.
92-13 Sec. 235. “Qualified financial institution” means a bank,
92-14 credit union or savings and loan association that is federally
92-15 insured or insured by a private insurer approved pursuant to NRS
92-16 678.755 or is otherwise qualified to receive deposits of public
92-17 money.
92-18 Sec. 236. 1. For each facility, the position of
92-19 superintendent of the facility is hereby created.
92-20 2. The superintendent of a facility shall administer the
92-21 provisions of sections 231 to 275, inclusive, of this act subject to
92-22 administrative supervision by the Administrator of the Division of
92-23 Child and Family Services.
92-24 Sec. 237. 1. If a residence is available on the grounds of or
92-25 near a facility, the superintendent of the facility shall reside at the
92-26 residence, as provided for in this section.
92-27 2. In addition to his salary, the superintendent of a facility is
92-28 entitled to:
92-29 (a) The use of a residence on the grounds of or near the
92-30 facility, if such a residence is available, which must be maintained
92-31 by the State of Nevada.
92-32 (b) Heat, electricity and water for the residence.
92-33 (c) The use of any appliances and furnishings for the
92-34 residence which are reasonably necessary, as determined by the
92-35 Administrator of the Division of Child and Family Services.
92-36 (d) Meals at the facility without charge when supervising
92-37 personnel or children.
92-38 3. The superintendent of a facility shall not receive any
92-39 perquisites except those provided for in this section.
92-40 Sec. 238. 1. To be appointed as the superintendent of a
92-41 facility, a person must have:
92-42 (a) Administrative experience in correctional programs for
92-43 children that embody rehabilitative or delinquency prevention
92-44 concepts;
92-45 (b) At least 2 years of administrative experience in an
92-46 institution dealing primarily with children on a 24‑hour basis; and
93-1 (c) Graduated from an accredited 4‑year college or university
93-2 or have an equivalent combination of experience and training,
93-3 substituting 2 years of experience for 1 year of training.
93-4 2. The Administrator of the Division of Child and Family
93-5 Services shall request that the Department of Personnel use
93-6 extensive recruitment and merit selection techniques and
93-7 procedures to provide a list of persons who are qualified for
93-8 appointment as the superintendent of a facility.
93-9 Sec. 239. 1. Except as otherwise provided in NRS 284.143,
93-10 the superintendent of a facility shall devote his entire time to the
93-11 duties of his position and follow no other gainful employment or
93-12 occupation.
93-13 2. The superintendent of a facility is the executive and
93-14 administrative head of the facility, subject to administrative
93-15 supervision by the Administrator of the Division of Child and
93-16 Family Services.
93-17 Sec. 240. The superintendent of a facility shall:
93-18 1. Exercise general supervision of the facility.
93-19 2. Make and revise rules and regulations for the government
93-20 of the facility, for the preservation of order and for the
93-21 enforcement of discipline.
93-22 3. Invoke any legal, equitable or special procedures for the
93-23 enforcement of the orders of the superintendent or the provisions
93-24 of this chapter.
93-25 4. Assume responsibility for and supervise the fiscal affairs of
93-26 the facility.
93-27 5. Record and file all bonds and contracts.
93-28 6. Purchase supplies and equipment for the facility as the
93-29 superintendent deems necessary.
93-30 7. Keep a complete and accurate record of all proceedings.
93-31 8. Assume responsibility for the custody and preservation of
93-32 all papers and documents pertaining to the office of the
93-33 superintendent.
93-34 9. Submit certain reports and information to the
93-35 Administrator of the Division of Child and Family Services,
93-36 including, but not limited to:
93-37 (a) Quarterly reports;
93-38 (b) Biennial reports before September 1 of each even-
93-39 numbered year covering the biennium ending June 30 of that
93-40 year, regarding the condition, operation, functioning and
93-41 anticipated needs of the facility; and
93-42 (c) Material on which to base proposed legislation.
93-43 10. Keep the public informed by disseminating information
93-44 regarding the activities and operation of the facility and
93-45 correctional problems involving children.
94-1 Sec. 241. 1. The superintendent of a facility shall designate
94-2 one or more members of the staff of the facility to classify and
94-3 assign each child in the facility to a program of education,
94-4 employment, training, treatment, care and custody.
94-5 2. As soon as practicable after a child enters the facility and
94-6 not later than 30 days after the date on which the child enters the
94-7 facility, the designated staff members shall:
94-8 (a) Study the file of the child;
94-9 (b) Interview the child;
94-10 (c) Determine which program of education, employment,
94-11 training, treatment, care and custody is appropriate for the child;
94-12 (d) Place in the file of the child a written record of the
94-13 program assignment of the child; and
94-14 (e) Assign to each child a counselor from among the members
94-15 of the staff.
94-16 3. The designated staff members shall review the program
94-17 assignment of each child:
94-18 (a) At least once every 3 months.
94-19 (b) If the child requests a review.
94-20 (c) If a review is deemed necessary or desirable.
94-21 4. After reviewing the program assignment of the child, the
94-22 designated staff members:
94-23 (a) May change the program assignment as is deemed
94-24 necessary or desirable; and
94-25 (b) Shall place in the file of the child a written record of any
94-26 changes made in the program assignment.
94-27 5. If the child requests a change in his program assignment
94-28 and the request is denied, the designated staff members shall:
94-29 (a) Provide the child with the reasons for the denial; and
94-30 (b) Place in the file of the child a written statement concerning
94-31 the denial.
94-32 6. The objective of the program assignment is to change the
94-33 behavior, attitude and thinking of the child so that the child can
94-34 once again function freely in his normal environment.
94-35 Sec. 242. The superintendent of a facility may enter into
94-36 contracts with colleges, universities and other organizations for
94-37 the purposes of:
94-38 1. Conducting research in the field of delinquency and crime
94-39 prevention.
94-40 2. Training special workers, including teachers, probation
94-41 and parole officers, social workers and others who:
94-42 (a) Work part-time or full-time;
94-43 (b) Work as volunteers or for compensation; and
94-44 (c) Are engaged in the fields of education, recreation, mental
94-45 hygiene and the treatment and prevention of delinquency.
95-1 Sec. 243. 1. The superintendent of a facility shall appoint
95-2 such teaching, technical, clerical and operational staff as may be
95-3 required for:
95-4 (a) The execution of the duties of the superintendent;
95-5 (b) The care of the children; and
95-6 (c) The maintenance and operation of the facility.
95-7 2. The superintendent of a facility may enter into contracts
95-8 with qualified employees for their services as athletic coaches in
95-9 addition to their regular duties and responsibilities.
95-10 3. The superintendent of a facility may designate one or more
95-11 employees of the facility to act as deputies. If the superintendent is
95-12 absent or unable for any reason to discharge the powers and
95-13 duties of the office, the deputies shall discharge those powers and
95-14 duties.
95-15 Sec. 244. 1. If the superintendent of a facility determines
95-16 that it is necessary or desirable that any employee reside at the
95-17 facility, the Administrator of the Division of Child and Family
95-18 Services may grant perquisites to the employee or pay for services
95-19 rendered to the employee.
95-20 2. The Administrator of the Division of Child and Family
95-21 Services shall submit to the Director of the Department of Human
95-22 Resources, for transmission to each regular session of the
95-23 Legislature, a report of any perquisites granted to an employee
95-24 and any payments made for services rendered to an employee.
95-25 Sec. 245. 1. The superintendent of a facility shall establish
95-26 a department of instruction for the children of the facility, with
95-27 programs of study corresponding so far as practicable with
95-28 programs of study given in the elementary and high schools of this
95-29 state.
95-30 2. The superintendent of a facility may:
95-31 (a) Arrange for industrial training and the teaching of various
95-32 trades; and
95-33 (b) Purchase the supplies and equipment necessary for the
95-34 teaching of such programs of study.
95-35 3. If deemed practicable and with the concurrence of the
95-36 board of trustees of the county school district, the superintendent
95-37 of a facility may allow children in the facility to be enrolled for
95-38 instruction in the public schools within the county school district.
95-39 If any children are so enrolled, the superintendent of the facility
95-40 or the county school district shall provide transportation for the
95-41 children to the public schools.
95-42 Sec. 246. 1. Except as otherwise provided in this section,
95-43 the superintendent of a facility may arrange for the employment of
95-44 children on ranches, farms and in other private occupations
95-45 during the summer vacation months and for other periods which
96-1 the superintendent deems proper for the full utilization of the
96-2 children’s time and productive capacities.
96-3 2. A child may not be compelled to accept private employment
96-4 against his desires.
96-5 3. For the purposes of this section, the superintendent of a
96-6 facility and the employer must determine the amount of
96-7 compensation the child must be paid and the working conditions
96-8 of the child.
96-9 4. The superintendent of a facility may determine whether the
96-10 compensation paid to the child may be paid in whole or in part to
96-11 the child or to the superintendent for safekeeping as provided for
96-12 in section 254 of this act.
96-13 Sec. 247. The ultimate purpose of the instruction, training,
96-14 employment and industries provided to a child in a facility is to
96-15 qualify the child for profitable and honorable employment and to
96-16 enable the child to lead a useful life after his release from the
96-17 facility.
96-18 Sec. 248. The superintendent of a facility shall make
96-19 arrangements for carrying out the provisions of title 34 of NRS in
96-20 regard to the facility.
96-21 Sec. 249. The Director of the Department of Human
96-22 Resources or the Director’s designee shall administer a program
96-23 designed to educate the children of a facility in the problems
96-24 caused by the abuse of alcohol and other drugs.
96-25 Sec. 250. 1. Each claim paid from any fund in the State
96-26 Treasury that is available to a facility must be:
96-27 (a) Approved by the superintendent of the facility before it is
96-28 paid; and
96-29 (b) Paid as other claims against this state are paid.
96-30 2. All money on deposit in a financial institution which is
96-31 available to a facility must be paid out by checks signed by the
96-32 superintendent of the facility or by a person designated for that
96-33 purpose.
96-34 Sec. 251. The superintendent of a facility may apply for and
96-35 receive money from the Federal Government to treat and train
96-36 children in the facility.
96-37 Sec. 252. The superintendent of a facility shall:
96-38 1. Deposit in the State Treasury for credit to the gift account
96-39 of the facility any gifts of money which the facility is authorized to
96-40 accept; and
96-41 2. Expend money from the gift account only for facility
96-42 purposes and, to the extent permitted by law, in accordance with
96-43 the terms of the gift.
96-44 Sec. 253. 1. The superintendent of a facility:
96-45 (a) May buy and sell hay, grain, produce, livestock, and other
96-46 farm supplies and equipment; and
97-1 (b) Shall deposit all money obtained from the sale of such
97-2 items in the State Treasury for credit to the farm account of the
97-3 facility.
97-4 2. The farm account is a continuing account without
97-5 reversion to the State General Fund.
97-6 3. The superintendent of a facility shall expend the money in
97-7 the farm account for supplies and equipment needed by the facility
97-8 in accordance with the provisions of the State Budget Act.
97-9 4. The superintendent of a facility shall keep a record of all
97-10 transactions pertaining to the farm account.
97-11 Sec. 254. 1. The superintendent of a facility may accept
97-12 money and other valuables of a child in the facility for
97-13 safekeeping pending the discharge of the child.
97-14 2. To carry out the purposes of this section, the
97-15 superintendent of a facility shall establish a trust fund in a
97-16 qualified financial institution.
97-17 3. If the superintendent of a facility accepts money or other
97-18 valuables of a child for safekeeping, the superintendent shall:
97-19 (a) Deposit the money in the trust fund established pursuant to
97-20 this section;
97-21 (b) Keep a full account of any money and valuables; and
97-22 (c) Submit reports to the Administrator of the Division of Child
97-23 and Family Services regarding the money and valuables as the
97-24 Administrator may require.
97-25 4. When a child is discharged from the facility, the
97-26 superintendent of the facility shall:
97-27 (a) Issue to the child a check in the amount of the balance
97-28 held in the trust fund for the child; and
97-29 (b) Return to the child any valuables held for safekeeping.
97-30 5. If a check that is issued to a child pursuant to this section
97-31 has not been cashed within 6 months from the date on which the
97-32 check was issued, the superintendent of the facility may transfer
97-33 the amount of the uncashed check to the gift account. Each check
97-34 issued to a child must be stamped “void after 6 months from date
97-35 of issue.”
97-36 Sec. 255. 1. The superintendent of a facility may establish
97-37 a commissary or store in the facility for the benefit and use of the
97-38 children in the facility.
97-39 2. So far as practicable, sales of supplies and materials to the
97-40 children in the commissary or store must be at cost.
97-41 3. The superintendent of a facility shall keep a record of all
97-42 transactions of the commissary or store.
97-43 Sec. 256. 1. The commissary fund is hereby created, and
97-44 must be used:
97-45 (a) To purchase supplies and materials for resale to the
97-46 children of a facility;
98-1 (b) To provide money for needy children of a facility; and
98-2 (c) For other incidentals as may be deemed necessary by the
98-3 superintendent of the facility.
98-4 2. The superintendent of a facility shall deposit any money
98-5 received for the commissary fund in a qualified financial
98-6 institution.
98-7 3. The superintendent of a facility may maintain a small sum
98-8 of money which is received for the commissary fund as petty cash
98-9 at the commissary or store.
98-10 4. All money drawn from the commissary fund must be
98-11 repaid if possible.
98-12 Sec. 257. 1. If the juvenile court or the Division of Child
98-13 and Family Services commits or places a child in a facility, the
98-14 superintendent of the facility shall accept the child unless, before
98-15 the child is conveyed to the facility, the superintendent determines
98-16 that:
98-17 (a) There is not adequate room or resources in the facility to
98-18 provide the necessary care of the child;
98-19 (b) There is not adequate money available for the support of
98-20 the facility; or
98-21 (c) In the opinion of the superintendent, the child is not
98-22 suitable for admission to the facility.
98-23 2. The superintendent of the facility shall fix the time at
98-24 which the child must be delivered to the facility.
98-25 3. The juvenile court shall send to the superintendent of the
98-26 facility a summary of all the facts in the possession of the juvenile
98-27 court concerning the history of the child committed to the facility.
98-28 Sec. 258. Upon the written request of the superintendent of a
98-29 facility, at any time either before or after commitment of a female
98-30 child to the facility, the juvenile court may order the child
98-31 committed to:
98-32 1. A facility outside the State of Nevada; or
98-33 2. A private institution within the State of Nevada.
98-34 Sec. 259. 1. Before a child is committed to a facility, the
98-35 juvenile court shall order that a physician conduct a physical
98-36 examination of the child, which includes a blood test, test for
98-37 tuberculosis, urinalysis and an examination for venereal disease.
98-38 2. Not later than 5 days after the date on which the physical
98-39 examination is conducted, the physician shall make a written
98-40 report of the results of the physical examination to the clerk of the
98-41 court.
98-42 3. Upon receipt of the written report:
98-43 (a) The clerk of the court shall immediately forward a copy of
98-44 the written report to the superintendent of the facility; and
98-45 (b) The county auditor shall allow a claim for payment to the
98-46 physician for the physical examination.
99-1 Sec. 260. 1. If the juvenile court commits a child to a
99-2 facility, the juvenile court may order the parent or guardian of
99-3 the child to pay, in whole or in part, for the support of the child in
99-4 the facility.
99-5 2. If the juvenile court orders the parent or guardian of
99-6 the child to pay for the support of the child:
99-7 (a) The payments must be paid to the Administrator of the
99-8 Division of Child and Family Services; and
99-9 (b) The Administrator shall deposit the payments with the
99-10 State Treasurer for credit to a separate account in the State
99-11 General Fund. The Administrator may expend the money in the
99-12 separate account to carry out the powers and duties of the
99-13 Administrator and the Division of Child and Family Services.
99-14 Sec. 261. 1. Except as otherwise provided in sections 134 to
99-15 177, inclusive, of this act, if the juvenile court commits a
99-16 delinquent child to the custody of the Division of Child and
99-17 Family Services, the Division may, within the limits of legislative
99-18 appropriation:
99-19 (a) If the child is at least 8 years of age but less than 12 years
99-20 of age, place the child in any public or private institution or
99-21 agency which is located within or outside this state and which is
99-22 authorized to care for children. The child must not be placed in a
99-23 facility.
99-24 (b) If the child is at least 12 years of age but less than 18 years
99-25 of age, place the child in a facility or in any public or private
99-26 institution or agency which is located within or outside this state
99-27 and which is authorized to care for children.
99-28 2. The Division of Child and Family Services may change the
99-29 placement of the child from any public or private institution or
99-30 agency that is authorized to care for the child pursuant to this
99-31 section to another public or private institution or agency that is
99-32 authorized to care for the child pursuant to this section.
99-33 3. Before the Division of Child and Family Services may
99-34 change any placement authorized by this section, the Division
99-35 shall:
99-36 (a) Notify the parent or guardian of the child; and
99-37 (b) Obtain the approval of the juvenile court.
99-38 Sec. 262. The Administrator of the Division of Child and
99-39 Family Services shall recommend to the juvenile court a suitable
99-40 alternative to the commitment or placement of a child in a facility
99-41 if:
99-42 1. The superintendent of the facility reports that such a
99-43 commitment or placement is unsuitable; and
99-44 2. At the time of commitment or placement or after entering
99-45 the facility, the child appears to be:
99-46 (a) An improper child to be retained in the facility; or
100-1 (b) So incorrigible or so incapable of reformation under the
100-2 discipline of the facility as to render his detention detrimental to
100-3 the interests of the facility.
100-4 Sec. 263. 1. The juvenile court may change, modify or set
100-5 aside an order committing a child to a facility after conducting a
100-6 hearing to consider the effect that changing, modifying or setting
100-7 aside the order will have upon the child and the operation of the
100-8 facility.
100-9 2. Not later than 10 days before conducting the hearing
100-10 pursuant to this section, the juvenile court shall serve written
100-11 notice of the hearing upon the superintendent of the facility. Such
100-12 notice must be served by registered mail, postage prepaid.
100-13 Sec. 264. 1. The superintendent of a facility may transfer a
100-14 child from one facility to another facility if:
100-15 (a) The Administrator of the Division of Child and Family
100-16 Services consents to the transfer; and
100-17 (b) The transfer is in the best interests of the child.
100-18 2. If a transfer is made, the general provisions regarding
100-19 placements in a facility apply.
100-20 Sec. 265. All children committed to a facility must be dealt
100-21 with, so far as practicable, by or in the presence of an attendant
100-22 who is of the same gender as the child.
100-23 Sec. 266. An employee or officer of a facility must not be
100-24 nominated or appointed as guardian of a person or the estate of a
100-25 person who is or ever has been committed to a facility, unless the
100-26 employee or officer is related by blood to the person who is or has
100-27 been committed to the facility.
100-28 Sec. 267. Upon the recommendation of a physician who
100-29 attends a child in a facility, the superintendent of the facility may
100-30 authorize the performance of any necessary medical, surgical or
100-31 dental service.
100-32 Sec. 268. 1. A facility may establish forestry camps for the
100-33 purposes of:
100-34 (a) Securing a satisfactory classification and segregation of
100-35 children according to their capacities, interests and responsiveness
100-36 to control and responsibility;
100-37 (b) Reducing the necessity of extending existing grounds and
100-38 housing facilities; and
100-39 (c) Providing adequate opportunity for reform and
100-40 encouragement of self-discipline.
100-41 2. Children committed to forestry camps may be required:
100-42 (a) To labor on the buildings and grounds of the forestry
100-43 camp.
100-44 (b) To perform fire prevention work, including, but not limited
100-45 to:
100-46 (1) Building firebreaks and fire trails;
101-1 (2) Fire suppression;
101-2 (3) Making forest roads for fire prevention or fire fighting;
101-3 and
101-4 (4) Forestation and reforestation of public lands.
101-5 (c) To perform other projects prescribed by the superintendent
101-6 of the facility.
101-7 3. For the purposes of carrying out the provisions of this
101-8 section, the superintendent of a facility may enter into contracts
101-9 with the Federal Government, state officials and various state
101-10 agencies and departments.
101-11 Sec. 269. 1. After consultation with the Chief of the Youth
101-12 Parole Bureau, the superintendent of a facility may grant parole
101-13 to a child if:
101-14 (a) The child is eligible for parole according to regulations
101-15 established for that purpose; and
101-16 (b) Parole will be in the best interests of the child.
101-17 2. The superintendent of the facility and the Chief of the
101-18 Youth Parole Bureau shall set the date of the child’s release on
101-19 parole not later than 30 days after the superintendent has given
101-20 the Chief a notice of intent to parole the child.
101-21 3. Upon being released on parole, the child is under the
101-22 supervision of the Chief of the Youth Parole Bureau.
101-23 Sec. 270. 1. The superintendent of a facility may grant to a
101-24 child a furlough from the facility to participate in a program or
101-25 treatment if, after consultation with the Chief of the Youth Parole
101-26 Bureau, the superintendent determines that the furlough is in the
101-27 best interests of the child.
101-28 2. The superintendent of a facility may grant a furlough for a
101-29 period of not more than 90 days.
101-30 3. While a child is temporarily released from a facility on a
101-31 furlough, the child is under the supervision of the Chief of the
101-32 Youth Parole Bureau.
101-33 Sec. 271. 1. A petition may be filed with the juvenile court
101-34 to request that the parole of a child be suspended, modified or
101-35 revoked.
101-36 2. Pending a hearing, the juvenile court may order:
101-37 (a) The return of the child to the facility; or
101-38 (b) If approved by a local or regional facility for the detention
101-39 of children, that the child be held in the local or regional facility.
101-40 3. If the child is held in a local or regional facility for the
101-41 detention of children pending a hearing, the Youth Parole Bureau
101-42 must pay all actual and reasonably necessary costs for the
101-43 confinement of the child in the local or regional facility.
101-44 4. If requested, the juvenile court shall allow the child
101-45 reasonable time to prepare for the hearing.
102-1 5. The juvenile court shall render a decision within 10 days
102-2 after the conclusion of the hearing.
102-3 Sec. 272. 1. The written order of the superintendent of a
102-4 facility is a sufficient arrest warrant for any peace officer to return
102-5 a child who has escaped from the facility.
102-6 2. Each peace officer shall execute such an order in the same
102-7 manner as is provided for the execution of criminal process.
102-8 Sec. 273. A person who knowingly permits or aids a child to
102-9 escape from a facility, or who conceals a child with the intent or
102-10 purpose of enabling him to elude pursuit, shall be punished:
102-11 1. Where a dangerous weapon is used by the person to
102-12 facilitate the escape or attempted escape, for a category B felony
102-13 by imprisonment in the state prison for a minimum term of not
102-14 less than 1 year and a maximum term of not more than 6 years,
102-15 and may be further punished by a fine of not more than $5,000.
102-16 2. Where no dangerous weapon is used, for a gross
102-17 misdemeanor.
102-18 Sec. 274. 1. Upon the escape of a child from a facility, the
102-19 superintendent of the facility shall notify:
102-20 (a) The appropriate law enforcement agency of the escape;
102-21 and
102-22 (b) Immediately thereafter, the public. The notice to the public
102-23 must include a description of the child.
102-24 2. The superintendent of the facility shall immediately notify
102-25 the public upon the apprehension of the child.
102-26 Sec. 275. 1. A child may be discharged from a facility upon
102-27 reaching 18 years of age.
102-28 2. A child must be discharged from a facility upon reaching
102-29 20 years of age.
102-30 Sec. 276. 1. The Chief of the Youth Parole Bureau may
102-31 appoint such employees as are necessary to carry out the functions
102-32 of the Youth Parole Bureau.
102-33 2. The Chief of the Youth Parole Bureau may enter into
102-34 contracts with colleges, universities and other organizations for
102-35 the purposes of:
102-36 (a) Conducting research in the field of delinquency and crime
102-37 prevention.
102-38 (b) Training special workers, including social workers and
102-39 parole officers who:
102-40 (1) Work part-time or full-time;
102-41 (2) Work as volunteers or for compensation; and
102-42 (3) Are engaged in the fields of education, recreation,
102-43 mental hygiene and the treatment and prevention of delinquency.
102-44 Sec. 277. The Chief of the Youth Parole Bureau shall:
102-45 1. Supervise all children released on parole from a facility.
103-1 2. Supervise all children released by other states for juvenile
103-2 parole in the State of Nevada pursuant to interstate compact.
103-3 3. Furnish to each child paroled:
103-4 (a) A written statement of the conditions of the parole; and
103-5 (b) Instructions regarding those conditions.
103-6 4. Keep himself informed concerning the conduct and
103-7 condition of all children and employees under his supervision.
103-8 5. Coordinate his functions with those of the superintendents
103-9 of each facility.
103-10 Sec. 278. 1. Each child who is paroled from a facility must
103-11 be placed in:
103-12 (a) A reputable home; and
103-13 (b) An educational program or a work program, or both.
103-14 2. The Chief of the Youth Parole Bureau may pay the
103-15 expenses incurred in providing alternative placements for
103-16 residential programs and for structured nonresidential programs
103-17 from money appropriated to the Youth Parole Bureau for that
103-18 purpose.
103-19 Sec. 279. 1. The Chief of the Youth Parole Bureau may
103-20 accept from a child who is paroled money and other valuables for
103-21 safekeeping pending the discharge of the child from parole.
103-22 2. If the Chief of the Youth Parole Bureau accepts from a
103-23 child who is paroled money or other valuables for safekeeping, the
103-24 Chief shall:
103-25 (a) Deposit the money in an account in a qualified financial
103-26 institution.
103-27 (b) Keep a full account of any money and valuables; and
103-28 (c) Submit reports to the Administrator of the Division of Child
103-29 and Family Services regarding the money and valuables as the
103-30 Administrator may require.
103-31 3. When a child is discharged from parole, the Chief of the
103-32 Youth Parole Bureau shall:
103-33 (a) Issue to the child a check in the amount of the balance
103-34 held in the account for the child; and
103-35 (b) Return to the child any valuables held for safekeeping.
103-36 Sec. 280. If a child has been paroled, the Chief of the Youth
103-37 Parole Bureau shall apply to the juvenile court for a dismissal of
103-38 all proceedings and accusations pending against the child if:
103-39 1. The child has proven his ability to make an acceptable
103-40 adjustment outside the facility; or
103-41 2. In the opinion of the Chief, the child is no longer
103-42 amenable to treatment as a juvenile.
104-1 Sec. 281. The Chief of the Youth Parole Bureau may
104-2 recommend to the juvenile court that a child’s parole be revoked
104-3 and that the child be committed to a facility unless the
104-4 superintendent of the facility determines that:
104-5 1. There is not adequate room or resources in the facility to
104-6 provide the necessary care;
104-7 2. There is not adequate money available for the support of
104-8 the facility; or
104-9 3. The child is not suitable for admission to the facility.
104-10 Sec. 282. 1. If there is probable cause to believe that a child
104-11 has violated his parole, the written order of the Chief of the Youth
104-12 Parole Bureau is a sufficient arrest warrant for any peace officer
104-13 to take the child into custody, pending return of the child to the
104-14 juvenile court.
104-15 2. Each peace officer or parole officer shall execute such an
104-16 order in the same manner as is provided for the execution of
104-17 criminal process.
104-18 Sec. 283. Title 5 of NRS is hereby amended by adding thereto
104-19 a new chapter to consist of the provisions set forth as sections 284 to
104-20 290, inclusive, of this act.
104-21 Sec. 284. The Governor is hereby authorized and directed to
104-22 execute a compact on behalf of this state with any other state or
104-23 states legally joining therein in the form substantially as follows:
104-24 Interstate Compact on Juveniles
104-25 The contracting states solemnly agree:
104-26 ARTICLE I—Findings and Purposes
104-27 That juveniles who are not under proper supervision and
104-28 control, or who have absconded, escaped or run away, are likely to
104-29 endanger their own health, morals and welfare, and the health,
104-30 morals and welfare of others. The cooperation of the states party
104-31 to this compact is therefore necessary to provide for the welfare
104-32 and protection of juveniles and of the public with respect to (1)
104-33 cooperative supervision of delinquent juveniles on probation or
104-34 parole; (2) the return, from one state to another, of delinquent
104-35 juveniles who have escaped or absconded; (3) the return, from one
104-36 state to another, of nondelinquent juveniles who have run away
104-37 from home; and (4) additional measures for the protection of
104-38 juveniles and of the public, which any two or more of the party
104-39 states may find desirable to undertake cooperatively. In carrying
104-40 out the provisions of this compact the party states shall be guided
104-41 by the noncriminal, reformative and protective policies which
104-42 guide their laws concerning delinquent, neglected or dependent
105-1 juveniles generally. It shall be the policy of the states party to this
105-2 compact to cooperate and observe their respective responsibilities
105-3 for the prompt return and acceptance of juveniles and delinquent
105-4 juveniles who become subject to the provisions of this compact.
105-5 The provisions of this compact shall be reasonably and liberally
105-6 construed to accomplish the foregoing purposes.
105-7 ARTICLE II—Existing Rights and Remedies
105-8 That all remedies and procedures provided by this compact
105-9 shall be in addition to and not in substitution for other rights,
105-10 remedies and procedures, and shall not be in derogation of
105-11 parental rights and responsibilities.
105-12 ARTICLE III—Definitions
105-13 That, for the purposes of this compact, “delinquent juvenile”
105-14 means any juvenile who has been adjudged delinquent and who,
105-15 at the time the provisions of this compact are invoked, is still
105-16 subject to the jurisdiction of the court that has made such
105-17 adjudication or to the jurisdiction or supervision of an agency or
105-18 institution pursuant to an order of such court; “probation or
105-19 parole” means any kind of conditional release of juveniles
105-20 authorized under the laws of the states party hereto; “court”
105-21 means any court having jurisdiction over delinquent, neglected or
105-22 dependent children; “state” means any state, territory or
105-23 possession of the United States, the District of Columbia, and the
105-24 Commonwealth of Puerto Rico; and “residence” or any variant
105-25 thereof means a place at which a home or regular place of abode
105-26 is maintained.
105-27 ARTICLE IV—Return of Runaways
105-28 (a) That the parent, guardian, person or agency entitled to
105-29 legal custody of a juvenile who has not been adjudged delinquent
105-30 but who has run away without the consent of such parent,
105-31 guardian, person or agency may petition the appropriate court in
105-32 the demanding state for the issuance of a requisition for his
105-33 return. The petition shall state the name and age of the juvenile,
105-34 the name of the petitioner and the basis of entitlement to the
105-35 juvenile’s custody, the circumstances of his running away, his
105-36 location if known at the time application is made, and such other
105-37 facts as may tend to show that the juvenile who has run away is
105-38 endangering his own welfare or the welfare of others and is not an
105-39 emancipated minor. The petition shall be verified by affidavit,
105-40 shall be executed in duplicate, and shall be accompanied by two
106-1 certified copies of the document or documents on which the
106-2 petitioner’s entitlement to the juvenile’s custody is based, such as
106-3 birth certificates, letters of guardianship, or custody decrees. Such
106-4 further affidavits and other documents as may be deemed proper
106-5 may be submitted with such petition. The judge of the court to
106-6 which this application is made may hold a hearing thereon to
106-7 determine whether for the purposes of this compact the petitioner
106-8 is entitled to the legal custody of the juvenile, whether or not it
106-9 appears that the juvenile has in fact run away without consent,
106-10 whether or not he is an emancipated minor, and whether or not it
106-11 is in the best interest of the juvenile to compel his return to the
106-12 state. If the judge determines, either with or without a hearing,
106-13 that the juvenile should be returned, he shall present to the
106-14 appropriate court or to the executive authority of the state where
106-15 the juvenile is alleged to be located a written requisition for the
106-16 return of such juvenile. Such requisition shall set forth the name
106-17 and age of the juvenile, the determination of the court that the
106-18 juvenile has run away without the consent of a parent, guardian,
106-19 person or agency entitled to his legal custody, and that it is in the
106-20 best interest and for the protection of such juvenile that he be
106-21 returned. In the event that a proceeding for the adjudication of the
106-22 juvenile as a delinquent, neglected or dependent juvenile is
106-23 pending in the court at the time when such juvenile runs away, the
106-24 court may issue a requisition for the return of such juvenile upon
106-25 its own motion, regardless of the consent of the parent, guardian,
106-26 person or agency entitled to legal custody, reciting therein the
106-27 nature and circumstances of the pending proceeding. The
106-28 requisition shall in every case be executed in duplicate and shall
106-29 be signed by the judge. One copy of the requisition shall be filed
106-30 with the compact administrator of the demanding state, there to
106-31 remain on file subject to the provisions of law governing records
106-32 of such court. Upon the receipt of a requisition demanding the
106-33 return of a juvenile who has run away, the court or the executive
106-34 authority to whom the requisition is addressed shall issue an order
106-35 to any peace officer or other appropriate person directing him to
106-36 take into custody and detain such juvenile. Such detention order
106-37 must substantially recite the facts necessary to the validity of its
106-38 issuance hereunder. No juvenile detained upon such order shall
106-39 be delivered over to the officer whom the court demanding him
106-40 shall have appointed to receive him, unless he shall first be taken
106-41 forthwith before a judge of a court in the state, who shall inform
106-42 him of the demand made for his return, and who may appoint
106-43 counsel or guardian ad litem for him. If the judge of such court
106-44 shall find that the requisition is in order, he shall deliver such
106-45 juvenile over to the officer whom the court demanding him shall
106-46 have appointed to receive him. The judge, however, may fix a
107-1 reasonable time to be allowed for the purpose of testing the
107-2 legality of the proceeding.
107-3 Upon reasonable information that a person is a juvenile who
107-4 has run away from another state party to this compact without the
107-5 consent of a parent, guardian, person or agency entitled to his
107-6 legal custody, such juvenile may be taken into custody without a
107-7 requisition and brought forthwith before a judge of the
107-8 appropriate court who may appoint counsel or guardian ad litem
107-9 for such juvenile and who shall determine after a hearing whether
107-10 sufficient cause exists to hold the person, subject to the order of
107-11 the court, for his own protection and welfare, for such a time not
107-12 exceeding 90 days as will enable his return to another state party
107-13 to this compact pursuant to a requisition for his return from a
107-14 court of that state. If, at the time when a state seeks the return of a
107-15 juvenile who has run away, there is pending in the state wherein
107-16 he is found any criminal charge, or any proceeding to have him
107-17 adjudicated a delinquent juvenile for an act committed in such
107-18 state, or if he is suspected of having committed within such state a
107-19 criminal offense or an act of juvenile delinquency, he shall not be
107-20 returned without the consent of such state until discharged from
107-21 prosecution or other form of proceeding, imprisonment, detention
107-22 or supervision for such offense or juvenile delinquency. The duly
107-23 accredited officers of any state party to this compact, upon the
107-24 establishment of their authority and the identity of the juvenile
107-25 being returned, shall be permitted to transport such juvenile
107-26 through any and all states party to this compact, without
107-27 interference. Upon his return to the state from which he ran away,
107-28 the juvenile shall be subject to such further proceedings as may be
107-29 appropriate under the laws of that state.
107-30 (b) That the state to which a juvenile is returned under this
107-31 Article shall be responsible for payment of the transportation costs
107-32 of such return.
107-33 (c) That “juvenile” as used in this Article means any person
107-34 who is a minor under the law of the state of residence of the
107-35 parent, guardian, person or agency entitled to the legal custody of
107-36 such minor.
107-37 ARTICLE V—Return of Escapees and Absconders
107-38 (a) That the appropriate person or authority from whose
107-39 probation or parole supervision a delinquent juvenile has
107-40 absconded or from whose institutional custody he has escaped
107-41 shall present to the appropriate court or to the executive authority
107-42 of the state where the delinquent juvenile is alleged to be located a
107-43 written requisition for the return of such delinquent juvenile. Such
107-44 requisitions shall state the name and age of the delinquent
108-1 juvenile, the particulars of his adjudication as a delinquent
108-2 juvenile, the circumstances of the breach of the terms of his
108-3 probation or parole or of his escape from an institution or agency
108-4 vested with his legal custody or supervision, and the location of
108-5 such delinquent juvenile, if known, at the time the requisition is
108-6 made. The requisition shall be verified by affidavit, shall be
108-7 executed in duplicate, and shall be accompanied by two certified
108-8 copies of the judgment, formal adjudication, or order of
108-9 commitment which subjects such delinquent juvenile to probation
108-10 or parole or to the legal custody of the institution or agency
108-11 concerned. Such further affidavits and other documents as may be
108-12 deemed proper may be submitted with such requisition. One copy
108-13 of the requisition shall be filed with the compact administrator of
108-14 the demanding state, there to remain on file subject to the
108-15 provisions of law governing records of the appropriate court.
108-16 Upon the receipt of a requisition demanding the return of a
108-17 delinquent juvenile who has absconded or escaped, the court or
108-18 the executive authority to whom the requisition is addressed shall
108-19 issue an order to any peace officer or other appropriate person
108-20 directing him to take into custody and detain such delinquent
108-21 juvenile. Such detention order must substantially recite the fact
108-22 necessary to the validity of its issuance hereunder. No delinquent
108-23 juvenile detained upon such order shall be delivered over to the
108-24 officer whom the appropriate person or authority demanding him
108-25 shall have appointed to receive him, unless he shall first be taken
108-26 forthwith before a judge of an appropriate court in the state, who
108-27 shall inform him of the demand made for his return and who may
108-28 appoint counsel or guardian ad litem for him. If the judge of such
108-29 court shall find that the requisition is in order, he shall deliver
108-30 such delinquent juvenile over to the officer whom the appropriate
108-31 person or authority demanding him shall have appointed to
108-32 receive him. The judge, however, may fix a reasonable time to be
108-33 allowed for the purpose of testing the legality of the proceeding.
108-34 Upon reasonable information that a person is a delinquent
108-35 juvenile who has absconded while on probation or parole, or
108-36 escaped from an institution or agency vested with his legal custody
108-37 or supervision in any state party to this compact, such person may
108-38 be taken into custody in any other state party to this compact
108-39 without a requisition. But in such event, he must be taken
108-40 forthwith before a judge of the appropriate court, who may
108-41 appoint counsel or guardian ad litem for such person and who
108-42 shall determine, after a hearing, whether sufficient cause exists to
108-43 hold the person subject to the order of the court for such a time,
108-44 not exceeding 90 days, as will enable his detention under a
108-45 detention order issued on a requisition pursuant to this Article. If,
108-46 at the time when a state seeks the return of a delinquent juvenile
109-1 who has either absconded while on probation or parole or escaped
109-2 from an institution or agency vested with his legal custody or
109-3 supervision, there is pending in the state wherein he is detained
109-4 any criminal charge or any proceeding to have him adjudicated a
109-5 delinquent juvenile for an act committed in such state, or if he is
109-6 suspected of having committed within such state a criminal
109-7 offense or an act of juvenile delinquency, he shall not be returned
109-8 without the consent of such state until discharged from
109-9 prosecution or other form of proceeding, imprisonment, detention
109-10 or supervision for such offense or juvenile delinquency. The duly
109-11 accredited officers of any state party to this compact, upon the
109-12 establishment of their authority and the identity of the delinquent
109-13 juvenile being returned, shall be permitted to transport such
109-14 delinquent juvenile through any and all states party to this
109-15 compact, without interference. Upon his return to the state from
109-16 which he escaped or absconded, the delinquent juvenile shall be
109-17 subject to such further proceedings as may be appropriate under
109-18 the laws of that state.
109-19 (b) That the state to which a delinquent juvenile is returned
109-20 under this Article shall be responsible for payment of the
109-21 transportation costs of such return.
109-22 ARTICLE VI—Voluntary Return Procedure
109-23 That any delinquent juvenile who has absconded while on
109-24 probation or parole, or escaped from an institution or agency
109-25 vested with his legal custody or supervision in any state party to
109-26 this compact, and any juvenile who has run away from any state
109-27 party to this compact, who is taken into custody without a
109-28 requisition in another state party to this compact under the
109-29 provisions of Article IV (a) or of Article V (a), may consent to his
109-30 immediate return to the state from which he absconded, escaped
109-31 or ran away. Such consent shall be given by the juvenile or
109-32 delinquent juvenile and his counsel or guardian ad litem, if any,
109-33 by executing or subscribing a writing, in the presence of a judge of
109-34 the appropriate court, which states that the juvenile or delinquent
109-35 juvenile and his counsel or guardian ad litem, if any, consent to
109-36 his return to the demanding state. Before such consent shall be
109-37 executed or subscribed, however, the judge, in the presence of
109-38 counsel or guardian ad litem, if any, shall inform the juvenile or
109-39 delinquent juvenile of his rights under this compact. When the
109-40 consent has been duly executed, it shall be forwarded to and filed
109-41 with the compact administrator of the state in which the court is
109-42 located and the judge shall direct the officer having the juvenile or
109-43 delinquent juvenile in custody to deliver him to the duly accredited
109-44 officer or officers of the state demanding his return, and shall
110-1 cause to be delivered to such officer or officers a copy of the
110-2 consent. The court may, however, upon the request of the state to
110-3 which the juvenile or delinquent juvenile is being returned, order
110-4 him to return unaccompanied to such state and shall provide him
110-5 with a copy of such court order; in such event a copy of the
110-6 consent shall be forwarded to the compact administrator of the
110-7 state to which said juvenile or delinquent juvenile is ordered to
110-8 return.
110-9 ARTICLE VII—Cooperative Supervision of
110-10 Probationers and Parolees
110-11 (a) That the duly constituted judicial and administrative
110-12 authorities of a state party to this compact (herein called “sending
110-13 state”) may permit any delinquent juvenile within such state,
110-14 placed on probation or parole, to reside in any other state party to
110-15 this compact (herein called “receiving state”) while on probation
110-16 or parole, and the receiving state shall accept such delinquent
110-17 juvenile, if the parent, guardian or person entitled to the legal
110-18 custody of such delinquent juvenile is residing or undertakes to
110-19 reside within the receiving state. Before granting such permission,
110-20 opportunity shall be given to the receiving state to make such
110-21 investigations as it deems necessary. The authorities of the
110-22 sending state shall send to the authorities of the receiving state
110-23 copies of pertinent court orders, social case studies and all other
110-24 available information which may be of value to and assist the
110-25 receiving state in supervising a probationer or parolee under this
110-26 compact. A receiving state, in its discretion, may agree to accept
110-27 supervision of a probationer or a parolee in cases where the
110-28 parent, guardian or person entitled to the legal custody of the
110-29 delinquent juvenile is not a resident of the receiving state, and if
110-30 so accepted the sending state may transfer supervision
110-31 accordingly.
110-32 (b) That each receiving state will assume the duties of
110-33 visitation and of supervision over any such delinquent juvenile
110-34 and in the exercise of those duties will be governed by the same
110-35 standards of visitation and supervision that prevail for its own
110-36 delinquent juveniles released on probation or parole.
110-37 (c) That, after consultation between the appropriate authorities
110-38 of the sending state and of the receiving state as to the desirability
110-39 and necessity of returning such a delinquent juvenile, the duly
110-40 accredited officers of a sending state may enter a receiving state
110-41 and there apprehend and retake any such delinquent juvenile on
110-42 probation or parole. For that purpose, no formalities will be
110-43 required, other than establishing the authority of the officer and
110-44 the identity of the delinquent juvenile to be retaken and returned.
111-1 The decision of the sending state to retake a delinquent juvenile
111-2 on probation or parole shall be conclusive upon and not
111-3 reviewable within the receiving state, but if, at the time the sending
111-4 state seeks to retake a delinquent juvenile on probation or parole,
111-5 there is pending against him within the receiving state any
111-6 criminal charge or any proceeding to have him adjudicated a
111-7 delinquent juvenile for any act committed in such state, or if he is
111-8 suspected of having committed within such state a criminal
111-9 offense or an act of juvenile delinquency, he shall not be returned
111-10 without the consent of the receiving state until discharged from
111-11 prosecution or other form of proceeding, imprisonment, detention
111-12 or supervision for such offense or juvenile delinquency. The duly
111-13 accredited officers of the sending state shall be permitted to
111-14 transport delinquent juveniles being so returned through any and
111-15 all states party to this compact, without interference.
111-16 (d) That the sending state shall be responsible under this
111-17 Article for paying the costs of transporting any delinquent juvenile
111-18 to the receiving state or of returning any delinquent juvenile to the
111-19 sending state.
111-20 ARTICLE VIII—Responsibility for Costs
111-21 (a) That the provisions of Articles IV (b), V (b) and VII (d) of
111-22 this compact shall not be construed to alter or affect any internal
111-23 relationship among the departments, agencies and officers of and
111-24 in the government of a party state, or between a party state and its
111-25 subdivisions, as to the payment of costs, or responsibilities
111-26 therefor.
111-27 (b) That nothing in this compact shall be construed to prevent
111-28 any party state or subdivision thereof from asserting any right
111-29 against any person, agency or other entity in regard to costs for
111-30 which such party state or subdivision thereof may be responsible
111-31 pursuant to Articles IV (b), V (b) or VII (d) of this compact.
111-32 ARTICLE IX—Detention Practices
111-33 That, to every extent possible, it shall be the policy of states
111-34 party to this compact that no juvenile or delinquent juvenile shall
111-35 be placed or detained in any prison, jail or lockup nor be detained
111-36 or transported in association with criminal, vicious or dissolute
111-37 persons.
111-38 ARTICLE X—Supplementary Agreements
111-39 That the duly constituted administrative authorities of a state
111-40 party to this compact may enter into supplementary agreements
112-1 with any other state or states party hereto for the cooperative care,
112-2 treatment and rehabilitation of delinquent juveniles whenever they
112-3 shall find that such agreements will improve the facilities or
112-4 programs available for such care, treatment and rehabilitation.
112-5 Such care, treatment and rehabilitation may be provided in an
112-6 institution located within any state entering into such
112-7 supplementary agreement. Such supplementary agreements shall
112-8 (1) provide the rates to be paid for the care, treatment and custody
112-9 of such delinquent juveniles, taking into consideration the
112-10 character of facilities, services and subsistence furnished; (2)
112-11 provide that the delinquent juvenile shall be given a court hearing
112-12 prior to his being sent to another state for care, treatment and
112-13 custody; (3) provide that the state receiving such a delinquent
112-14 juvenile in one of its institutions shall act solely as agent for the
112-15 state sending such delinquent juvenile; (4) provide that the
112-16 sending state shall at all times retain jurisdiction over delinquent
112-17 juveniles sent to an institution in another state; (5) provide for
112-18 reasonable inspection of such institutions by the sending state; (6)
112-19 provide that the consent of the parent, guardian, person or agency
112-20 entitled to the legal custody of said delinquent juvenile shall be
112-21 secured prior to his being sent to another state; and (7) make
112-22 provision for such other matters and details as shall be necessary
112-23 to protect the rights and equities of such delinquent juveniles and
112-24 of the cooperating states.
112-25 ARTICLE XI—Acceptance of Federal and Other Aid
112-26 That any state party to this compact may accept any and all
112-27 donations, gifts and grants of money, equipment and services from
112-28 the federal or any local government, or any agency thereof and
112-29 from any person, firm or corporation, for any of the purposes and
112-30 functions of this compact, and may receive and utilize the same
112-31 subject to the terms, conditions and regulations governing such
112-32 donations, gifts and grants.
112-33 ARTICLE XII—Compact Administrators
112-34 That the governor of each state party to this compact shall
112-35 designate an officer who, acting jointly with like officers of other
112-36 party states, shall promulgate rules and regulations to carry out
112-37 more effectively the terms and provisions of this compact.
112-38 ARTICLE XIII—Execution of Compact
112-39 That this compact shall become operative immediately upon its
112-40 execution by any state as between it and any other state or states
113-1 so executing. When executed it shall have the full force and effect
113-2 of law within such state, the form of execution to be in accordance
113-3 with the laws of the executing state.
113-4 ARTICLE XIV—Renunciation
113-5 That this compact shall continue in force and remain binding
113-6 upon each executing state until renounced by it. Renunciation of
113-7 this compact shall be by the same authority which executed it, by
113-8 sending 6 months’ notice in writing of its intention to withdraw
113-9 from the compact to the other states party hereto. The duties and
113-10 obligations of a renouncing state under Article VII hereof shall
113-11 continue as to parolees and probationers residing therein at the
113-12 time of withdrawal until retaken or finally discharged.
113-13 Supplementary agreements entered into under Article X hereof
113-14 shall be subject to renunciation as provided by such
113-15 supplementary agreements, and shall not be subject to the 6
113-16 months’ renunciation notice of the present Article.
113-17 ARTICLE XV—Severability
113-18 That the provisions of this compact shall be severable and if
113-19 any phrase, clause, sentence or provision of this compact is
113-20 declared to be contrary to the constitution of any participating
113-21 state or of the United States or the applicability thereof to any
113-22 government, agency, person or circumstance is held invalid, the
113-23 validity of the remainder of this compact and the applicability
113-24 thereof to any government, agency, person or circumstance shall
113-25 not be affected thereby. If this compact shall be held contrary to
113-26 the constitution of any state participating therein, the compact
113-27 shall remain in full force and effect as to the remaining states and
113-28 in full force and effect as to the state affected as to all severable
113-29 matters.
113-30 Sec. 285. The Governor is hereby directed to execute an
113-31 amendment to the Interstate Compact on Juveniles on behalf of
113-32 this state in the form substantially as follows:
113-33 AMENDMENT I—Rendition
113-34 This amendment provides additional remedies and is binding
113-35 only on states which specifically execute a similar provision:
113-36 All provisions and procedures of Articles V and VI of the
113-37 Interstate Compact on Juveniles apply to any juvenile charged
113-38 with being a delinquent by reason of his alleged violation of any
113-39 criminal law. Any such juvenile must be returned to the requesting
113-40 state upon a requisition issued to the state where the juvenile may
114-1 be found. A petition alleging the juvenile’s delinquency must be
114-2 filed in a court of competent jurisdiction in the requesting state
114-3 where the violation of criminal law is alleged to have been
114-4 committed. The requisition may be issued regardless of whether
114-5 the juvenile left the state before or after the filing of the petition.
114-6 The requisition, as described in Article V of the Compact, must be
114-7 forwarded by the judge of the court in which the petition is filed.
114-8 Sec. 286. Pursuant to such Compact, the Governor is hereby
114-9 authorized and empowered to designate an officer who shall be the
114-10 Compact Administrator and who, acting jointly with similar
114-11 officers of other party states, shall promulgate rules and
114-12 regulations to carry out more effectively the terms of the Compact.
114-13 Such Compact Administrator shall serve subject to the pleasure of
114-14 the Governor. The Compact Administrator is hereby authorized,
114-15 empowered and directed to cooperate with all departments,
114-16 agencies and officers of and in the government of this state and its
114-17 subdivisions in facilitating the proper administration of the
114-18 Compact or of any supplementary agreement or agreements
114-19 entered into by this state under such Compact.
114-20 Sec. 287. The Compact Administrator is hereby authorized
114-21 and empowered to enter into supplementary agreements with
114-22 appropriate officials of other states pursuant to the Compact. In
114-23 the event that such supplementary agreement shall require or
114-24 contemplate the use of any institution or facility of this state or
114-25 require or contemplate the provision of any service by this state,
114-26 such supplementary agreement shall have no force or effect until
114-27 approved by the head of the department or agency under whose
114-28 jurisdiction such institution or facility is operated or whose
114-29 department or agency will be charged with the rendering of such
114-30 service.
114-31 Sec. 288. All claims which arise pursuant to the provisions of
114-32 this chapter must be paid from the Reserve for Statutory
114-33 Contingency Account upon approval by the Compact
114-34 Administrator.
114-35 Sec. 289. 1. Any judge of this state who appoints counsel or
114-36 a guardian ad litem pursuant to the provisions of this Compact
114-37 may, in his discretion, fix a fee not exceeding $500.
114-38 2. Such fees shall be paid out on claims as other claims
114-39 against the State are paid upon approval of the Compact
114-40 Administrator and presentation of the certificate of the judge that
114-41 such person has performed the services required of him.
114-42 Sec. 290. The courts, departments, agencies and officers of
114-43 this state and its subdivisions shall enforce and effectuate the
114-44 purposes and intent of the Compact.
115-1 Sec. 291. NRS 3.025 is hereby amended to read as follows:
115-2 3.025 1. In each judicial district that includes a county whose
115-3 population is 100,000 or more, the district judges of that judicial
115-4 district shall choose from among those district judges a chief judge
115-5 who is to be the presiding judge of the judicial district.
115-6 2. The chief judge shall:
115-7 (a) Assign cases to each judge in the judicial district;
115-8 (b) Prescribe the hours of court;
115-9 (c) Adopt such other rules or regulations as are necessary for the
115-10 orderly conduct of court business; and
115-11 (d) Perform all other duties of the chief judge or of a presiding
115-12 judge that are set forth in this chapter and any other provision of
115-13 NRS.
115-14 3. If a case involves a matter within the jurisdiction of the
115-15 family court and:
115-16 (a) The parties to the case are also the parties in any other
115-17 pending case or were the parties in any other previously decided
115-18 case assigned to a department of the family court in the judicial
115-19 district; or
115-20 (b) A child involved in the case is also involved in any other
115-21 pending case or was involved in any other previously decided case
115-22 assigned to a department of the family court in the judicial district,
115-23 other than a case within the jurisdiction of the juvenile court
115-24 pursuant to [chapter 62] title 5 of NRS,
115-25 the chief judge shall assign the case to the department of the family
115-26 court to which the other case is presently assigned or, if the other
115-27 case has been decided, to the department of the family court that
115-28 decided the other case, unless a different assignment is required by
115-29 another provision of NRS, a court rule or the Nevada Code of
115-30 Judicial Conduct or the chief judge determines that a different
115-31 assignment is necessary because of considerations related to the
115-32 management of the caseload of the district judges within the judicial
115-33 district. If a case described in this subsection is heard initially by a
115-34 master, the recommendation, report or order of the master must be
115-35 submitted to the district judge of the department of the family court
115-36 to which the case has been assigned pursuant to this subsection for
115-37 consideration and decision by that district judge.
115-38 Sec. 292. NRS 3.223 is hereby amended to read as follows:
115-39 3.223 1. Except if the child involved is subject to the
115-40 jurisdiction of an Indian tribe pursuant to the Indian Child Welfare
115-41 Act of 1978 , [(]25 U.S.C. §§ 1901 et seq. , [),] in each judicial
115-42 district in which it is established, the family court has original,
115-43 exclusive jurisdiction in any proceeding:
115-44 (a) Brought pursuant to chapter 31A[, 62,] of NRS, title 5 of
115-45 NRS, chapter 123, 125, 125A, 125B, 125C, 126, 127, 128, 129,
115-46 130, 159, 425 or 432B of NRS, except to the extent that a specific
116-1 statute authorizes the use of any other judicial or administrative
116-2 procedure to facilitate the collection of an obligation for support.
116-3 (b) Brought pursuant to NRS 442.255 and 442.2555 to request
116-4 the court to issue an order authorizing an abortion.
116-5 (c) For judicial approval of the marriage of a minor.
116-6 (d) Otherwise within the jurisdiction of the juvenile court.
116-7 (e) To establish the date of birth, place of birth or parentage of a
116-8 minor.
116-9 (f) To change the name of a minor.
116-10 (g) For a judicial declaration of the sanity of a minor.
116-11 (h) To approve the withholding or withdrawal of life-sustaining
116-12 procedures from a person as authorized by law.
116-13 (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,
116-14 for an involuntary court-ordered admission to a mental health
116-15 facility.
116-16 2. The family court, where established, and the justices’ court
116-17 have concurrent jurisdiction over actions for the issuance of a
116-18 temporary or extended order for protection against domestic
116-19 violence.
116-20 3. The family court, where established, and the district court,
116-21 have concurrent jurisdiction over any action for damages brought
116-22 pursuant to NRS 41.134 by a person who suffered injury as the
116-23 proximate result of an act that constitutes domestic violence.
116-24 Sec. 293. NRS 3.227 is hereby amended to read as follows:
116-25 3.227 In each judicial district that includes a county whose
116-26 population is 100,000 or more:
116-27 1. The clerk of the district court shall develop an information
116-28 form for family court. The information form for family court must
116-29 be:
116-30 (a) Approved by the chief judge; and
116-31 (b) Used to obtain the information described in subsection 2
116-32 from a party who files the initial pleading in a case that involves a
116-33 matter within the jurisdiction of the family court.
116-34 2. A party may not file in the district court the initial pleading
116-35 in a case that involves a matter within the jurisdiction of the family
116-36 court unless, at the same time that the party files the initial pleading,
116-37 the party files an information form for family court which is signed
116-38 by the party, his attorney or other legal representative and which
116-39 specifies:
116-40 (a) Whether the party is also a party in any other pending case or
116-41 was a party in any other previously decided case assigned to a
116-42 department of the family court in the judicial district;
116-43 (b) Whether any other party in the initial pleading is also a party
116-44 in any other pending case or was a party in any other previously
116-45 decided case assigned to a department of the family court in the
116-46 judicial district;
117-1 (c) Whether a child involved in the case is also involved in any
117-2 other pending case or was involved in any other previously decided
117-3 case assigned to a department of the family court in the judicial
117-4 district, other than a case within the jurisdiction of the juvenile court
117-5 pursuant to [chapter 62] title 5 of NRS; and
117-6 (d) Any other information that the chief judge determines must
117-7 be provided on the information form for family court, including,
117-8 without limitation, any other information concerning a case
117-9 described in paragraph (a), (b) or (c).
117-10 3. The chief judge and the clerk of the district court shall use
117-11 the information provided on the information form for family court to
117-12 assign cases to a department of the family court in accordance with
117-13 subsection 3 of NRS 3.025.
117-14 Sec. 294. NRS 49.295 is hereby amended to read as follows:
117-15 49.295 1. Except as otherwise provided in subsections 2 and
117-16 3 and NRS 49.305:
117-17 (a) A husband cannot be examined as a witness for or against his
117-18 wife without his consent, nor a wife for or against her husband
117-19 without her consent.
117-20 (b) Neither a husband nor a wife can be examined, during the
117-21 marriage or afterwards, without the consent of the other, as to any
117-22 communication made by one to the other during marriage.
117-23 2. The provisions of subsection 1 do not apply to a:
117-24 (a) Civil proceeding brought by or on behalf of one spouse
117-25 against the other spouse;
117-26 (b) Proceeding to commit or otherwise place a spouse, the
117-27 property of the spouse or both the spouse and the property of the
117-28 spouse under the control of another because of the alleged mental or
117-29 physical condition of the spouse;
117-30 (c) Proceeding brought by or on behalf of a spouse to establish
117-31 his competence;
117-32 (d) Proceeding in the juvenile court or family court pursuant to
117-33 [chapter 62] title 5 of NRS [and] or NRS 432B.410 to 432B.590,
117-34 inclusive; or
117-35 (e) Criminal proceeding in which one spouse is charged with:
117-36 (1) A crime against the person or the property of the other
117-37 spouse or of a child of either, or of a child in the custody or control
117-38 of either, whether the crime was committed before or during
117-39 marriage.
117-40 (2) Bigamy or incest.
117-41 (3) A crime related to abandonment of a child or nonsupport
117-42 of a wife or child.
117-43 3. The provisions of subsection 1 do not apply in any criminal
117-44 proceeding to events which took place before the husband and wife
117-45 were married.
118-1 Sec. 295. NRS 128.0155 is hereby amended to read as
118-2 follows:
118-3 128.0155 “Plan” means:
118-4 1. A written agreement between the parents of a child who is [a
118-5 ward] subject to the jurisdiction of the juvenile court or family
118-6 court pursuant to [chapter 62] title 5 of NRS or chapter 432B of
118-7 NRS and the agency having custody of the child; or
118-8 2. Written conditions and obligations imposed upon the parents
118-9 directly by the juvenile or family court,
118-10 which have a primary objective of reuniting the family or, if the
118-11 parents neglect or refuse to comply with the terms and conditions of
118-12 the case plan, freeing the child for adoption.
118-13 Sec. 296. NRS 128.023 is hereby amended to read as follows:
118-14 128.023 1. If proceedings pursuant to this chapter involve the
118-15 termination of parental rights of the parent of an Indian child, the
118-16 court shall:
118-17 (a) Cause the Indian child’s tribe to be notified in writing in
118-18 the manner provided in the Indian Child Welfare Act. If the Indian
118-19 child is eligible for membership in more than one tribe, each tribe
118-20 must be notified.
118-21 (b) Transfer the proceedings to the Indian child’s tribe in
118-22 accordance with the Indian Child Welfare Act.
118-23 (c) If a tribe declines or is unable to exercise jurisdiction,
118-24 exercise its jurisdiction as provided in the Indian Child Welfare Act.
118-25 2. If the court determines that the parent of an Indian child for
118-26 whom termination of parental rights is sought is indigent, the court:
118-27 (a) Shall appoint an attorney to represent the parent;
118-28 (b) May appoint an attorney to represent the Indian child; and
118-29 (c) May apply to the Secretary of the Interior for the payment of
118-30 the fees and expenses of such an attorney,
118-31 as provided in the Indian Child Welfare Act.
118-32 Sec. 297. NRS 129.080 is hereby amended to read as follows:
118-33 129.080 Any minor who is at least 16 years of age, who is
118-34 married or living apart from his parents or legal guardian, and who
118-35 is a resident of the county, may petition the juvenile [division or
118-36 family division of the district] court of that county for a decree of
118-37 emancipation. The district court may refer the petition to a master
118-38 appointed pursuant to [chapter 62] title 5 of NRS or chapter 432B
118-39 of NRS.
118-40 Sec. 298. NRS 129.110 is hereby amended to read as follows:
118-41 129.110 1. A copy of the notice issued pursuant to NRS
118-42 129.100, together with a copy of the petition, must be served upon:
118-43 (a) The parents or legal guardian of the minor or , if the parents
118-44 or legal guardian cannot be found, the nearest known relative of the
118-45 minor residing within this state, if any;
118-46 (b) The legal custodian of the minor, if any;
119-1 (c) The appropriate probation officer or parole officer for his
119-2 review and recommendation, if the minor is [a ward of the court;]
119-3 subject to the jurisdiction of the court pursuant to title 5 of NRS;
119-4 and
119-5 (d) The district attorney of the county in which the matter is to
119-6 be heard.
119-7 2. Service of the notice and petition may be made in any
119-8 manner permitted by N.R.C.P. 4. Return of service must be made as
119-9 provided by that rule. Evidence must be presented to the court if
119-10 addresses of those required to be served are unknown or for any
119-11 other reason notice cannot be given.
119-12 3. The court shall hold a hearing on all petitions filed pursuant
119-13 to NRS 129.080 to 129.140, inclusive.
119-14 Sec. 299. NRS 129.130 is hereby amended to read as follows:
119-15 129.130 1. If the court determines that the petition should be
119-16 granted, it shall enter a decree of emancipation.
119-17 2. A decree so entered is conclusive and binding.
119-18 3. Such a decree emancipates the minor for all purposes and
119-19 removes the disability of minority of the minor insofar as that
119-20 disability may affect:
119-21 (a) The incurring of indebtedness or contractual obligations of
119-22 any kind;
119-23 (b) The litigation and settlement of controversies;
119-24 (c) The acquiring, encumbering and conveying of property or
119-25 any interest therein;
119-26 (d) The consenting to medical, dental or psychiatric care without
119-27 parental consent, knowledge or liability;
119-28 (e) The enrolling in any school or college; and
119-29 (f) The establishment of his own residence.
119-30 For these purposes, the minor shall be considered in law as an adult,
119-31 and any obligation he incurs is enforceable by and against him
119-32 without regard to his minority.
119-33 4. Unless otherwise provided by the decree, the obligation of
119-34 support otherwise owed a minor by his parent or guardian is
119-35 terminated by the entry of the decree.
119-36 5. Except as otherwise provided in this section, a decree of
119-37 emancipation does not affect the status of the minor for any purpose,
119-38 including the applicability of any provision of law which:
119-39 (a) Prohibits the sale, purchase or consumption of intoxicating
119-40 liquor to or by a person under the age of 21 years;
119-41 (b) Prohibits gaming or employment in gaming by or of a person
119-42 under the age of 21 years;
119-43 (c) Restricts the ability to marry of a person under the age of 18
119-44 years;
119-45 (d) Governs matters relating to referrals for delinquent acts or
119-46 violations of NRS 392.040 to 392.125, inclusive, unless the minor
120-1 has been certified for trial as an adult pursuant to [chapter 62] title 5
120-2 of NRS; or
120-3 (e) Imposes penalties or regulates conduct according to the age
120-4 of any person.
120-5 6. A petition may be filed by any person or by any public
120-6 agency to void a decree of emancipation on the following grounds:
120-7 (a) The minor has become indigent and has insufficient means
120-8 of support; or
120-9 (b) The decree of emancipation was obtained by fraud,
120-10 misrepresentation or the withholding of material information.
120-11 7. The voiding of any decree of emancipation must not alter
120-12 any contractual obligations or rights or any property rights or
120-13 interests which arose during the period that the decree was in effect.
120-14 Sec. 300. NRS 169.025 is hereby amended to read as follows:
120-15 169.025 1. This title governs the procedure in the courts of
120-16 the State of Nevada and before magistrates in all criminal
120-17 proceedings . [, but, except]
120-18 2. Except as otherwise provided in [NRS 62.165,] section 110
120-19 of this act, this title does not apply to proceedings against children
120-20 [under chapter 62] conducted pursuant to title 5 of NRS.
120-21 Sec. 301. NRS 176.059 is hereby amended to read as follows:
120-22 176.059 1. Except as otherwise provided in subsection 2,
120-23 when a defendant pleads guilty or guilty but mentally ill or is found
120-24 guilty of a misdemeanor, including the violation of any municipal
120-25 ordinance, the justice or judge shall include in the sentence the sum
120-26 prescribed by the following schedule as an administrative
120-27 assessment and render a judgment against the defendant for the
120-28 assessment:
120-29 Fine Assessment
120-30 $5 to $49..................................... $15
120-31 50 to 59.......................................... 30
120-32 60 to 69.......................................... 35
120-33 70 to 79.......................................... 40
120-34 80 to 89.......................................... 45
120-35 90 to 99.......................................... 50
120-36 100 to 199..................................... 60
120-37 200 to 299..................................... 70
120-38 300 to 399..................................... 80
120-39 400 to 499..................................... 90
120-40 500 to 1,000................................ 105
120-41 2. The provisions of subsection 1 do not apply to:
120-42 (a) An ordinance regulating metered parking; or
120-43 (b) An ordinance which is specifically designated as imposing a
120-44 civil penalty or liability pursuant to NRS 244.3575 or 268.019.
121-1 3. The money collected for an administrative assessment must
121-2 not be deducted from the fine imposed by the justice or judge but
121-3 must be taxed against the defendant in addition to the fine. The
121-4 money collected for an administrative assessment must be stated
121-5 separately on the court’s docket and must be included in the amount
121-6 posted for bail. If the defendant is found not guilty or the charges
121-7 are dismissed, the money deposited with the court must be returned
121-8 to the defendant. If the justice or judge cancels a fine because the
121-9 fine has been determined to be uncollectible, any balance of the fine
121-10 and the administrative assessment remaining unpaid shall be
121-11 deemed to be uncollectible and the defendant is not required to pay
121-12 it. If a fine is determined to be uncollectible, the defendant is not
121-13 entitled to a refund of the fine or administrative assessment he has
121-14 paid and the justice or judge shall not recalculate the administrative
121-15 assessment.
121-16 4. If the justice or judge permits the fine and administrative
121-17 assessment to be paid in installments, the payments must be first
121-18 applied to the unpaid balance of the administrative assessment. The
121-19 city treasurer shall distribute partially collected administrative
121-20 assessments in accordance with the requirements of subsection 5.
121-21 The county treasurer shall distribute partially collected
121-22 administrative assessments in accordance with the requirements of
121-23 subsection 6.
121-24 5. The money collected for administrative assessments in
121-25 municipal court must be paid by the clerk of the court to the city
121-26 treasurer on or before the fifth day of each month for the preceding
121-27 month. The city treasurer shall distribute, on or before the 15th day
121-28 of that month, the money received in the following amounts for each
121-29 assessment received:
121-30 (a) Two dollars to the county treasurer for credit to a special
121-31 account in the county general fund for the use of the county’s
121-32 juvenile court or for services to juvenile offenders. Any money
121-33 remaining in the special account after 2 fiscal years must be
121-34 deposited in the county general fund if it has not been committed for
121-35 expenditure. The county treasurer shall provide, upon request by a
121-36 juvenile court, monthly reports of the revenue credited to and
121-37 expenditures made from the special account.
121-38 (b) Seven dollars for credit to a special revenue fund for the use
121-39 of the municipal courts. Any money remaining in the special
121-40 revenue fund after 2 fiscal years must be deposited in the municipal
121-41 general fund if it has not been committed for expenditure. The city
121-42 treasurer shall provide, upon request by a municipal court, monthly
121-43 reports of the revenue credited to and expenditures made from the
121-44 special revenue fund.
121-45 (c) The remainder of each assessment to the State Controller for
121-46 credit to a special account in the State General Fund.
122-1 6. The money collected for administrative assessments in
122-2 justices’ courts must be paid by the clerk of the court to the county
122-3 treasurer on or before the fifth day of each month for the preceding
122-4 month. The county treasurer shall distribute, on or before the 15th
122-5 day of that month, the money received in the following amounts for
122-6 each assessment received:
122-7 (a) Two dollars for credit to a special account in the county
122-8 general fund for the use of the county’s juvenile court or for services
122-9 to juvenile offenders. Any money remaining in the special account
122-10 after 2 fiscal years must be deposited in the county general fund if it
122-11 has not been committed for expenditure. The county treasurer shall
122-12 provide, upon request by a juvenile court, monthly reports of the
122-13 revenue credited to and expenditures made from the special account.
122-14 (b) Seven dollars for credit to a special revenue fund for the use
122-15 of the justices’ courts. Any money remaining in the special revenue
122-16 fund after 2 fiscal years must be deposited in the county general
122-17 fund if it has not been committed for expenditure. The county
122-18 treasurer shall provide, upon request by a justice’s court, monthly
122-19 reports of the revenue credited to and expenditures made from the
122-20 special revenue fund.
122-21 (c) The remainder of each assessment to the State Controller for
122-22 credit to a special account in the State General Fund.
122-23 7. The money apportioned to a juvenile court, a justice’s court
122-24 or a municipal court pursuant to this section must be used, in
122-25 addition to providing services to juvenile offenders in the juvenile
122-26 court, to improve the operations of the court, or to acquire
122-27 appropriate advanced technology or the use of such technology, or
122-28 both. Money used to improve the operations of the court may
122-29 include expenditures for:
122-30 (a) Training and education of personnel;
122-31 (b) Acquisition of capital goods;
122-32 (c) Management and operational studies; or
122-33 (d) Audits.
122-34 8. Of the total amount deposited in the State General Fund
122-35 pursuant to subsections 5 and 6, the State Controller shall distribute
122-36 the money received to the following public agencies in the
122-37 following manner:
122-38 (a) Not less than 51 percent to the Office of the Court
122-39 Administrator for allocation as follows:
122-40 (1) Eighteen and one‑half percent of the amount distributed
122-41 to the Office of the Court Administrator for the administration of the
122-42 courts.
122-43 (2) Nine percent of the amount distributed to the Office of
122-44 the Court Administrator for the development of a uniform system
122-45 for judicial records.
123-1 (3) Nine percent of the amount distributed to the Office
123-2 of the Court Administrator for continuing judicial education.
123-3 (4) Sixty percent of the amount distributed to the Office of
123-4 the Court Administrator for the Supreme Court.
123-5 (5) Three and one-half percent of the amount distributed to
123-6 the Office of the Court Administrator for the payment for the
123-7 services of retired justices and retired district judges.
123-8 (b) Not more than 49 percent must be used to the extent of
123-9 legislative authorization for the support of:
123-10 (1) The Central Repository for Nevada Records of Criminal
123-11 History;
123-12 (2) The Peace Officers’ Standards and Training Commission;
123-13 (3) The operation by the Nevada Highway Patrol of a
123-14 computerized switching system for information related to law
123-15 enforcement;
123-16 (4) The Fund for the Compensation of Victims of Crime; and
123-17 (5) The Advisory Council for Prosecuting Attorneys.
123-18 9. As used in this section, “juvenile court” [means:
123-19 (a) In any judicial district that includes a county whose
123-20 population is 100,000 or more, the family division of the district
123-21 court; or
123-22 (b) In any other judicial district, the juvenile division of the
123-23 district court.] has the meaning ascribed to it in section 19 of this
123-24 act.
123-25 Sec. 302. NRS 179.118 is hereby amended to read as follows:
123-26 179.118 1. The proceeds from any sale or retention of
123-27 property declared to be forfeited and any interest accrued pursuant
123-28 to subsection 2 of NRS 179.1175 must be applied, first, to the
123-29 satisfaction of any protected interest established by a claimant in the
123-30 proceeding, then to the proper expenses of the proceeding for
123-31 forfeiture and resulting sale, including the expense of effecting the
123-32 seizure, the expense of maintaining custody, the expense of
123-33 advertising and the costs of the suit.
123-34 2. Any balance remaining after the distribution required by
123-35 subsection 1 must be deposited as follows:
123-36 (a) Except as otherwise provided in this subsection, if the
123-37 plaintiff seized the property, in the special account established
123-38 pursuant to NRS 179.1187 by the governing body that controls the
123-39 plaintiff.
123-40 (b) Except as otherwise provided in this subsection, if the
123-41 plaintiff is a metropolitan police department, in the special account
123-42 established by the metropolitan police committee on fiscal affairs
123-43 pursuant to NRS 179.1187.
123-44 (c) Except as otherwise provided in this subsection, if more than
123-45 one agency was substantially involved in the seizure, in an equitable
124-1 manner to be directed by the court hearing the proceeding for
124-2 forfeiture.
124-3 (d) If the property was seized pursuant to NRS 200.760, in the
124-4 State Treasury for credit to the Fund for the Compensation of
124-5 Victims of Crime to be used for the counseling and the medical
124-6 treatment of victims of crimes committed in violation of NRS
124-7 200.366, 200.710 to 200.730, inclusive, or 201.230.
124-8 (e) If the property was seized as the result of a violation of NRS
124-9 202.300, in the general fund of the county in which the complaint
124-10 for forfeiture was filed, to be used to support programs of
124-11 counseling of persons ordered by the court to attend counseling
124-12 pursuant to [paragraph (e) of subsection 1 of NRS 62.211.] section
124-13 144 of this act.
124-14 Sec. 303. NRS 179.225 is hereby amended to read as follows:
124-15 179.225 1. If the punishment of the crime is the confinement
124-16 of the criminal in prison, the expenses must be paid from money
124-17 appropriated to the Office of the Attorney General for that purpose,
124-18 upon approval by the State Board of Examiners. After the
124-19 appropriation is exhausted, the expenses must be paid from the
124-20 Reserve for Statutory Contingency Account upon approval by
124-21 the State Board of Examiners. In all other cases, they must be paid
124-22 out of the county treasury in the county wherein the crime is alleged
124-23 to have been committed. The expenses are:
124-24 (a) If the prisoner is returned to this state from another state, the
124-25 fees paid to the officers of the state on whose Governor the
124-26 requisition is made;
124-27 (b) If the prisoner is returned to this state from a foreign country
124-28 or jurisdiction, the fees paid to the officers and agents of this state or
124-29 the United States; or
124-30 (c) If the prisoner is temporarily returned for prosecution to this
124-31 state from another state pursuant to this chapter or chapter 178 of
124-32 NRS and is then returned to the sending state upon completion of
124-33 the prosecution, the fees paid to the officers and agents of this
124-34 state,
124-35 and the necessary traveling expenses and subsistence allowances in
124-36 the amounts authorized by NRS 281.160 incurred in returning the
124-37 prisoner.
124-38 2. If a person is returned to this state pursuant to this chapter or
124-39 chapter 178 of NRS and is convicted of, or pleads guilty, guilty but
124-40 mentally ill or nolo contendere to the criminal charge for which he
124-41 was returned or a lesser criminal charge, the court shall conduct an
124-42 investigation of the financial status of the person to determine his
124-43 ability to make restitution. In conducting the investigation, the court
124-44 shall determine if the person is able to pay any existing obligations
124-45 for:
124-46 (a) Child support;
125-1 (b) Restitution to victims of crimes; and
125-2 (c) Any administrative assessment required to be paid pursuant
125-3 to NRS [62.2175,]176.059 and 176.062[.] and section 150 of this
125-4 act.
125-5 3. If the court determines that the person is financially able to
125-6 pay the obligations described in subsection 2, it shall, in addition to
125-7 any other sentence it may impose, order the person to make
125-8 restitution for the expenses incurred by the attorney general or other
125-9 governmental entity in returning him to this state. The court shall
125-10 not order the person to make restitution if payment of restitution will
125-11 prevent him from paying any existing obligations described in
125-12 subsection 2. Any amount of restitution remaining unpaid
125-13 constitutes a civil liability arising upon the date of the completion of
125-14 his sentence.
125-15 4. The Attorney General may adopt regulations to carry out the
125-16 provisions of this section.
125-17 Sec. 304. NRS 179A.290 is hereby amended to read as
125-18 follows:
125-19 179A.290 1. The Director of the Department shall establish
125-20 within the Central Repository a program to compile and analyze
125-21 data concerning offenders who commit sexual offenses. The
125-22 program must be designed to:
125-23 (a) Provide statistical data relating to the recidivism of offenders
125-24 who commit sexual offenses; and
125-25 (b) Use the data provided by the Division of Child and Family
125-26 Services of the Department of Human Resources pursuant to [NRS
125-27 62.920] section 228 of this act to:
125-28 (1) Provide statistical data relating to the recidivism of
125-29 juvenile sex offenders after they become adults; and
125-30 (2) Assess the effectiveness of programs for the treatment of
125-31 juvenile sex offenders.
125-32 2. The Division of Parole and Probation and the Department of
125-33 Corrections shall assist the Director of the Department in obtaining
125-34 data and in carrying out the program.
125-35 3. The Director of the Department shall report the statistical
125-36 data and findings from the program to:
125-37 (a) The Legislature at the beginning of each regular session.
125-38 (b) The Advisory Commission on Sentencing on or before
125-39 January 31 of each even-numbered year.
125-40 4. The data acquired pursuant to this section is confidential and
125-41 must be used only for the purpose of research. The data and findings
125-42 generated pursuant to this section must not contain information that
125-43 may reveal the identity of a juvenile sex offender or the identity of
125-44 an individual victim of a crime.
126-1 Sec. 305. NRS 179D.035 is hereby amended to read as
126-2 follows:
126-3 179D.035 “Convicted” includes, but is not limited to, an
126-4 adjudication of delinquency or a finding of guilt by a court having
126-5 jurisdiction over juveniles if the adjudication of delinquency or the
126-6 finding of guilt is for the commission of any of the following
126-7 offenses:
126-8 1. A crime against a child that is listed in subsection 6 of
126-9 NRS 179D.210.
126-10 2. A sexual offense that is listed in subsection 20 of
126-11 NRS 179D.410.
126-12 3. A sexual offense that is listed in paragraph (b) of subsection
126-13 2 of [NRS 62.600.] section 192 of this act.
126-14 Sec. 306. NRS 179D.450 is hereby amended to read as
126-15 follows:
126-16 179D.450 1. If the Central Repository receives notice from a
126-17 court pursuant to NRS 176.0927 that a sex offender has been
126-18 convicted of a sexual offense or pursuant to [NRS 62.590] section
126-19 191 of this act that a juvenile sex offender has been deemed to be an
126-20 adult sex offender, the Central Repository shall:
126-21 (a) If a record of registration has not previously been established
126-22 for the sex offender, notify the local law enforcement agency so that
126-23 a record of registration may be established; or
126-24 (b) If a record of registration has previously been established for
126-25 the sex offender, update the record of registration for the sex
126-26 offender and notify the appropriate local law enforcement agencies.
126-27 2. If the sex offender named in the notice is granted probation
126-28 or otherwise will not be incarcerated or confined or if the sex
126-29 offender named in the notice has been deemed to be an adult sex
126-30 offender pursuant to [NRS 62.590] section 191 of this act and is not
126-31 otherwise incarcerated or confined:
126-32 (a) The Central Repository shall immediately provide
126-33 notification concerning the sex offender to the appropriate local law
126-34 enforcement agencies and, if the sex offender resides in a
126-35 jurisdiction which is outside of this state, to the appropriate law
126-36 enforcement agency in that jurisdiction; and
126-37 (b) If the sex offender is subject to community notification, the
126-38 Central Repository shall arrange for the assessment of the risk of
126-39 recidivism of the sex offender pursuant to the guidelines and
126-40 procedures for community notification established by the Attorney
126-41 General pursuant to NRS 179D.600 to 179D.800, inclusive.
126-42 3. If a sex offender is incarcerated or confined and has
126-43 previously been convicted of a sexual offense as described in NRS
126-44 179D.410, before the sex offender is released:
127-1 (a) The Department of Corrections or a local law enforcement
127-2 agency in whose facility the sex offender is incarcerated or confined
127-3 shall:
127-4 (1) Inform the sex offender of the requirements for
127-5 registration, including, but not limited to:
127-6 (I) The duty to register in this state during any period in
127-7 which he is a resident of this state or a nonresident who is a student
127-8 or worker within this state and the time within which he is required
127-9 to register pursuant to NRS 179D.460;
127-10 (II) The duty to register in any other jurisdiction during
127-11 any period in which he is a resident of the other jurisdiction or a
127-12 nonresident who is a student or worker within the other jurisdiction;
127-13 (III) If he moves from this state to another jurisdiction,
127-14 the duty to register with the appropriate law enforcement agency in
127-15 the other jurisdiction; and
127-16 (IV) The duty to notify the local law enforcement agency
127-17 for the jurisdiction in which he now resides, in person, and the
127-18 jurisdiction in which he formerly resided, in person or in writing, if
127-19 he changes the address at which he resides, including if he moves
127-20 from this state to another jurisdiction, or changes the primary
127-21 address at which he is a student or worker; and
127-22 (2) Require the sex offender to read and sign a form
127-23 confirming that the requirements for registration have been
127-24 explained to him and to forward the form to the Central Repository.
127-25 (b) The Central Repository shall:
127-26 (1) Update the record of registration for the sex offender;
127-27 (2) If the sex offender is subject to community notification,
127-28 arrange for the assessment of the risk of recidivism of the sex
127-29 offender pursuant to the guidelines and procedures for community
127-30 notification established by the Attorney General pursuant to NRS
127-31 179D.600 to 179D.800, inclusive; and
127-32 (3) Provide notification concerning the sex offender to the
127-33 appropriate local law enforcement agencies and, if the sex offender
127-34 will reside upon release in a jurisdiction which is outside of this
127-35 state, to the appropriate law enforcement agency in that jurisdiction.
127-36 4. The failure to provide a sex offender with the information or
127-37 confirmation form required by paragraph (a) of subsection 3 does
127-38 not affect the duty of the sex offender to register and to comply with
127-39 all other provisions for registration.
127-40 5. If the Central Repository receives notice from another
127-41 jurisdiction or the Federal Bureau of Investigation that a sex
127-42 offender is now residing or is a student or worker within this state,
127-43 the Central Repository shall:
127-44 (a) Immediately provide notification concerning the sex offender
127-45 to the appropriate local law enforcement agencies;
127-46 (b) Establish a record of registration for the sex offender; and
128-1 (c) If the sex offender is subject to community notification,
128-2 arrange for the assessment of the risk of recidivism of the sex
128-3 offender pursuant to the guidelines and procedures for community
128-4 notification established by the Attorney General pursuant to NRS
128-5 179D.600 to 179D.800, inclusive.
128-6 Sec. 307. NRS 179D.800 is hereby amended to read as
128-7 follows:
128-8 179D.800 1. The Attorney General shall establish guidelines
128-9 and procedures for community notification concerning juvenile sex
128-10 offenders who are subject to the provisions of [NRS 62.500 to
128-11 62.600, inclusive.] sections 186 to 192, inclusive, of this act. The
128-12 guidelines and procedures for community notification concerning
128-13 juvenile sex offenders must be, to the extent practicable, consistent
128-14 with the guidelines and procedures for community notification
128-15 concerning adult sex offenders established by the Attorney General
128-16 pursuant to NRS 179D.600 to 179D.800, inclusive.
128-17 2. Upon receiving notification from a probation officer or
128-18 parole officer, as appropriate, assigned to a juvenile sex offender
128-19 pursuant to [NRS 62.500 to 62.600,] sections 186 to 192, inclusive,
128-20 of this act, the local law enforcement agency receiving the
128-21 notification shall disclose information regarding the juvenile sex
128-22 offender to the appropriate persons pursuant to the guidelines and
128-23 procedures established by the Attorney General pursuant to NRS
128-24 179D.600 to 179D.800, inclusive.
128-25 3. Each person who is conducting an assessment of the risk of
128-26 recidivism of a juvenile sex offender must be given access to all
128-27 records of the juvenile sex offender that are necessary to conduct the
128-28 assessment, including, but not limited to, records compiled pursuant
128-29 to [chapter 62] title 5 of NRS, and the juvenile sex offender shall be
128-30 deemed to have waived all rights of confidentiality and all privileges
128-31 relating to those records for the limited purpose of the assessment.
128-32 Sec. 308. NRS 180.060 is hereby amended to read as follows:
128-33 180.060 1. The State Public Defender may, before being
128-34 designated as counsel for that person pursuant to NRS 171.188,
128-35 interview an indigent person when he has been arrested and
128-36 confined for a public offense or for questioning on suspicion of
128-37 having committed a public offense.
128-38 2. The State Public Defender shall, when designated pursuant
128-39 to NRS [62.085,] 171.188 or 432B.420, or section 96 of this act and
128-40 within the limits of available money, represent without charge each
128-41 indigent person for whom he is appointed.
128-42 3. When representing an indigent person, the State Public
128-43 Defender shall:
128-44 (a) Counsel and defend him at every stage of the proceedings,
128-45 including revocation of probation or parole; and
129-1 (b) Prosecute any appeals or other remedies before or after
129-2 conviction that he considers to be in the interests of justice.
129-3 4. In cases of post-conviction proceedings and appeals arising
129-4 in counties in which the office of public defender has been created
129-5 pursuant to the provisions of chapter 260 of NRS, where the matter
129-6 is to be presented to the Supreme Court, the State Public Defender
129-7 shall prepare and present the case and the public defender of the
129-8 county shall assist and cooperate with the State Public Defender.
129-9 5. The State Public Defender may contract with any county in
129-10 which the office of public defender has been created to provide
129-11 representation for indigent persons when the court, for cause,
129-12 disqualifies the county public defender or when the county public
129-13 defender is otherwise unable to provide representation.
129-14 Sec. 309. NRS 201.090 is hereby amended to read as follows:
129-15 201.090 As used in NRS 201.100 and 201.110, unless the
129-16 context otherwise requires, a “neglected child,” “delinquent child”
129-17 or “child in need of supervision” means any person less than 18
129-18 years of age:
129-19 1. Who is found begging, receiving or gathering alms, or who
129-20 is found in any street, road or public place for the purpose of so
129-21 doing, whether actually begging or doing so under the pretext of
129-22 selling or offering for sale any article, or of singing or playing on
129-23 any musical instrument, or of giving any public entertainment or
129-24 accompanying or being used in aid of any person so doing.
129-25 2. Who has no parent or guardian , [; or] who has no parent or
129-26 guardian willing to exercise or capable of exercising proper parental
129-27 control , [;] or who has no parent or guardian actually exercising
129-28 such proper parental control, and who is in need of such control.
129-29 3. Who is destitute, or who is not provided with the necessities
129-30 of life by his parents, and who has no other means of obtaining such
129-31 necessities.
129-32 4. Whose home is an unfit place for him, by reason of neglect,
129-33 cruelty or depravity of either of his parents, or of his guardians or
129-34 other person in whose custody or care he is.
129-35 5. Who is found living in any house of ill fame, or with any
129-36 disreputable person.
129-37 6. Who is found wandering and either has no home, no settled
129-38 place of abode, no visible means of subsistence or no proper
129-39 guardianship.
129-40 7. Who frequents the company of criminals, vagrants or
129-41 prostitutes, or persons so reputed , [;] or who is in any house of
129-42 prostitution or assignation.
129-43 8. Who unlawfully visits a saloon where any spirituous, vinous
129-44 or malt liquors are sold, bartered, exchanged or given away.
130-1 9. Who habitually uses intoxicating liquors or who uses opium,
130-2 cocaine, morphine, or other similar drug without the direction of a
130-3 competent physician.
130-4 10. Who persistently or habitually refuses to obey the
130-5 reasonable and proper orders or directions of his parents, guardian
130-6 or custodian , [;] or who is beyond the control of such person.
130-7 11. Who is [an] a habitual truant from school.
130-8 12. Who is leading, or from any cause is in danger of leading,
130-9 an idle, dissolute, lewd or immoral life.
130-10 13. Who writes or uses vile, obscene, profane or indecent
130-11 language, or is guilty of indecent, immoral or lascivious conduct.
130-12 14. Who violates any law of this state or any ordinance of any
130-13 town, city or county of this state defining crime.
130-14 Any child who is a runaway, unmanageable or [an] a habitual truant
130-15 is a child in need of supervision as that term is used in [chapter 62]
130-16 title 5 of NRS, and is not a delinquent child.
130-17 Sec. 310. NRS 209.301 is hereby amended to read as follows:
130-18 209.301 1. The Department may[, with the consent of the
130-19 Superintendent of the Nevada Youth Training Center or the
130-20 Superintendent of the Caliente Youth Center, transfer to the Nevada
130-21 Youth Training Center or the Caliente Youth Center any minor
130-22 persons who are] transfer a person who is a minor and who is
130-23 confined in an institution or facility of the Department[.] to a state
130-24 facility for the detention of children if the superintendent of the
130-25 facility consents to the transfer.
130-26 2. As used in this section, “state facility for the detention of
130-27 children” means the Nevada Youth Training Center, the Caliente
130-28 Youth Center or any other state facility for the detention of
130-29 children that is operated pursuant to title 5 of NRS.
130-30 Sec. 311. NRS 211.245 is hereby amended to read as follows:
130-31 211.245 1. If a prisoner fails to make a payment within 10
130-32 days after it is due, the district attorney for a county or the city
130-33 attorney for an incorporated city may file a civil action in any court
130-34 of competent jurisdiction within this state seeking recovery of:
130-35 (a) The amount of reimbursement due;
130-36 (b) Costs incurred in conducting an investigation of the financial
130-37 status of the prisoner; and
130-38 (c) Attorney’s fees and costs.
130-39 2. A civil action brought pursuant to this section must:
130-40 (a) Be instituted in the name of the county or city in which the
130-41 jail, detention facility or alternative program is located;
130-42 (b) Indicate the date and place of sentencing, including, without
130-43 limitation, the name of the court which imposed the sentence;
130-44 (c) Include the record of judgment of conviction, if available;
130-45 (d) Indicate the length of time served by the prisoner and, if he
130-46 has been released, the date of his release; and
131-1 (e) Indicate the amount of reimbursement that the prisoner owes
131-2 to the county or city.
131-3 3. The county or city treasurer of the county or incorporated
131-4 city in which a prisoner is or was confined shall determine the
131-5 amount of reimbursement that the prisoner owes to the city or
131-6 county. The county or city treasurer may render a sworn statement
131-7 indicating the amount of reimbursement that the prisoner owes and
131-8 submit the statement in support of a civil action brought pursuant to
131-9 this section. Such a statement is prima facie evidence of the amount
131-10 due.
131-11 4. A court in a civil action brought pursuant to this section may
131-12 award a money judgment in favor of the county or city in whose
131-13 name the action was brought.
131-14 5. If necessary to prevent the disposition of the prisoner’s
131-15 property by the prisoner, or his spouse or agent, a county or city
131-16 may file a motion for a temporary restraining order. The court may,
131-17 without a hearing, issue ex parte orders restraining any person from
131-18 transferring, encumbering, hypothecating, concealing or in any way
131-19 disposing of any property of the prisoner, real or personal, whether
131-20 community or separate, except for necessary living expenses.
131-21 6. The payment, pursuant to a judicial order, of existing
131-22 obligations for:
131-23 (a) Child support or alimony;
131-24 (b) Restitution to victims of crimes; and
131-25 (c) Any administrative assessment required to be paid pursuant
131-26 to NRS [62.2175,] 176.059 and 176.062, and section 150 of this
131-27 act,
131-28 has priority over the payment of a judgment entered pursuant to this
131-29 section.
131-30 Sec. 312. NRS 217.220 is hereby amended to read as follows:
131-31 217.220 1. Except as otherwise provided in subsections 2 and
131-32 3, compensation must not be awarded if the victim:
131-33 (a) Was injured or killed as a result of the operation of a motor
131-34 vehicle, boat or airplane unless the vehicle, boat or airplane was
131-35 used as a weapon in a deliberate attempt to harm the victim or
131-36 unless the driver of the vehicle injured a pedestrian, violated any of
131-37 the provisions of NRS 484.379 or the use of the vehicle was
131-38 punishable pursuant to NRS 484.3795;
131-39 (b) Was not a citizen of the United States or was not lawfully
131-40 entitled to reside in the United States at the time the incident upon
131-41 which the claim is based occurred or he is unable to provide proof
131-42 that he was a citizen of the United States or was lawfully entitled to
131-43 reside in the United States at that time;
131-44 (c) Was a coconspirator, codefendant, accomplice or adult
131-45 passenger of the offender whose crime caused the victim’s injuries;
132-1 (d) Was injured or killed while serving a sentence of
132-2 imprisonment in a prison or jail;
132-3 (e) Was injured or killed while living in a facility for the
132-4 commitment or detention of children who are adjudicated delinquent
132-5 pursuant to [chapter 62] title 5 of NRS; or
132-6 (f) Fails to cooperate with law enforcement agencies. Such
132-7 cooperation does not require prosecution of the offender.
132-8 2. Paragraph (a) of subsection 1 does not apply to a minor who
132-9 was physically injured or killed while being a passenger in the
132-10 vehicle of an offender who violated NRS 484.379 or is punishable
132-11 pursuant to NRS 484.3795.
132-12 3. A victim who is a relative of the offender or who, at the time
132-13 of the personal injury or death of the victim, was living with the
132-14 offender in a continuing relationship may be awarded compensation
132-15 if the offender would not profit by the compensation of the victim.
132-16 4. The compensation officer may deny an award if he
132-17 determines that the applicant will not suffer serious financial
132-18 hardship. In determining whether an applicant will suffer serious
132-19 financial hardship, the compensation officer shall not consider:
132-20 (a) The value of the victim’s dwelling;
132-21 (b) The value of one motor vehicle owned by the victim; or
132-22 (c) The savings and investments of the victim up to an amount
132-23 equal to the victim’s annual salary.
132-24 Sec. 313. NRS 232.320 is hereby amended to read as follows:
132-25 232.320 1. Except as otherwise provided in subsection 2, the
132-26 Director:
132-27 (a) Shall appoint, with the consent of the Governor,
132-28 administrators of the divisions of the Department, who are
132-29 respectively designated as follows:
132-30 (1) The Administrator of the Aging Services Division;
132-31 (2) The Administrator of the Health Division;
132-32 (3) The State Welfare Administrator;
132-33 (4) The Administrator of the Division of Child and Family
132-34 Services; and
132-35 (5) The Administrator of the Division of Health Care
132-36 Financing and Policy.
132-37 (b) Shall administer, through the divisions of the Department,
132-38 the provisions of chapters [210,] 423, 424, 425, 427A, 432A to 442,
132-39 inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310,
132-40 inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to
132-41 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to
132-42 445A.055, inclusive, and sections 231 to 282, inclusive, of this act
132-43 and all other provisions of law relating to the functions of the
132-44 divisions of the Department, but is not responsible for the clinical
132-45 activities of the Health Division or the professional line activities of
132-46 the other divisions.
133-1 (c) Shall, after considering advice from agencies of local
133-2 governments and nonprofit organizations which provide social
133-3 services, adopt a master plan for the provision of human services in
133-4 this state. The Director shall revise the plan biennially and deliver a
133-5 copy of the plan to the Governor and the Legislature at the
133-6 beginning of each regular session. The plan must:
133-7 (1) Identify and assess the plans and programs of the
133-8 Department for the provision of human services, and any
133-9 duplication of those services by federal, state and local agencies;
133-10 (2) Set forth priorities for the provision of those services;
133-11 (3) Provide for communication and the coordination of those
133-12 services among nonprofit organizations, agencies of local
133-13 government, the State and the Federal Government;
133-14 (4) Identify the sources of funding for services provided by
133-15 the Department and the allocation of that funding;
133-16 (5) Set forth sufficient information to assist the Department
133-17 in providing those services and in the planning and budgeting for the
133-18 future provision of those services; and
133-19 (6) Contain any other information necessary for the
133-20 Department to communicate effectively with the Federal
133-21 Government concerning demographic trends, formulas for the
133-22 distribution of federal money and any need for the modification of
133-23 programs administered by the Department.
133-24 (d) May, by regulation, require nonprofit organizations and state
133-25 and local governmental agencies to provide information to him
133-26 regarding the programs of those organizations and agencies,
133-27 excluding detailed information relating to their budgets and payrolls,
133-28 which he deems necessary for his performance of the duties
133-29 imposed upon him pursuant to this section.
133-30 (e) Has such other powers and duties as are provided by law.
133-31 2. The Governor shall appoint the Administrator of the
133-32 Division of Mental Health and Developmental Services.
133-33 Sec. 314. NRS 232.440 is hereby amended to read as follows:
133-34 232.440 1. The Administrator shall appoint, with the
133-35 approval of the Director, a chief of each of the bureaus in the
133-36 Division. The chiefs are designated respectively as:
133-37 (a) The Superintendent of the Nevada Youth Training Center;
133-38 (b) The Superintendent of the Caliente Youth Center;
133-39 (c) The Superintendent of the Northern Nevada Children’s
133-40 Home;
133-41 (d) The Superintendent of the Southern Nevada Children’s
133-42 Home;
133-43 (e) The Chief of the Bureau of Services for Child Care; and
133-44 (f) The Chief of the Youth Parole Bureau.
133-45 2. The Administrator is responsible for the administration,
133-46 through the Division, of the provisions of chapters [210,] 423 and
134-1 424 of NRS, NRS 127.220 to 127.310, inclusive, 232.400 to
134-2 232.465, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to
134-3 433B.350, inclusive, and sections 231 to 382, inclusive, of this act
134-4 and all other provisions of law relating to the functions of the
134-5 Division, but is not responsible for the professional activities of the
134-6 components of the Division except as specifically provided by law.
134-7 Sec. 315. NRS 232.450 is hereby amended to read as follows:
134-8 232.450 1. The [Superintendent] superintendents of the
134-9 Nevada Youth Training Center , [and the Superintendent of] the
134-10 Caliente Youth Center and any other state facility for the detention
134-11 of children that is operated pursuant to title 5 of NRS are in the
134-12 unclassified service of the State unless federal law or regulation
134-13 requires otherwise.
134-14 2. The Chief of the Bureau of Services for Child Care, the
134-15 Superintendent of the Northern Nevada Children’s Home, the
134-16 Superintendent of the Southern Nevada Children’s Home and
134-17 the Chief of the Youth Parole Bureau are in the classified service of
134-18 the State.
134-19 Sec. 316. NRS 232.464 is hereby amended to read as follows:
134-20 232.464 1. Except as otherwise provided in subsections 2 and
134-21 3 and by specific statute:
134-22 (a) The Division shall:
134-23 (1) Establish and impose a schedule of fees for services
134-24 rendered through each of its programs. The highest fee established
134-25 for a service must approximate the cost of providing the service.
134-26 (2) Establish a scale proportionate to income so that families
134-27 whose income is low can afford services preventive of greater
134-28 expense to the family or the public afterward.
134-29 (3) Submit the schedule to the Director for approval before
134-30 enforcement.
134-31 (b) The fees collected pursuant to the schedule must be
134-32 deposited in the State Treasury to the credit of the State General
134-33 Fund.
134-34 (c) The Administrator may waive any fee established pursuant
134-35 to the schedule if he determines that the person required to pay that
134-36 fee is financially unable to do so.
134-37 2. A schedule of fees established pursuant to this section does
134-38 not apply to any services for which the Division receives payment
134-39 pursuant to NRS 423.160 or 423.210.
134-40 3. Fees collected pursuant to this section for services provided
134-41 to juveniles committed to the custody of[:
134-42 (a) The Division pursuant to NRS 62.213;
134-43 (b) The] the Division, the Nevada Youth Training Center
134-44 [pursuant to NRS 210.180; or
134-45 (c) The] , the Caliente Youth Center or any other state facility
134-46 for the detention of children pursuant to [NRS 210.580,] title 5 of
135-1 NRS must be deposited with the State Treasurer for credit to a
135-2 separate account in the State General Fund for expenditure by the
135-3 Administrator to carry out the powers and duties of the
135-4 Administrator and the Division.
135-5 Sec. 317. NRS 244.162 is hereby amended to read as follows:
135-6 244.162 The board of county commissioners may establish, in
135-7 any county where funds are expended under the provisions of [NRS
135-8 213.220 to 213.290,] sections 194 to 201, inclusive, of this act,
135-9 special supervision programs for the rehabilitation of [youthful
135-10 offenders] delinquent children in accordance with the provisions of
135-11 [NRS 213.220 to 213.290, inclusive.] sections 194 to 201, inclusive,
135-12 of this act.
135-13 Sec. 318. NRS 244.2969 is hereby amended to read as
135-14 follows:
135-15 244.2969 As used in NRS 244.2969 to 244.299, inclusive,
135-16 “juvenile court” [means:
135-17 1. In any judicial district that includes a county whose
135-18 population is 100,000 or more, the family division of the district
135-19 court; or
135-20 2. In any other judicial district, the juvenile division of the
135-21 district court.] has the meaning ascribed to it in section 19 of this
135-22 act.
135-23 Sec. 319. NRS 244.297 is hereby amended to read as follows:
135-24 244.297 The board of county commissioners of any county
135-25 may establish by ordinance juvenile forestry camps to which
135-26 children may be committed by the juvenile court of the county as
135-27 provided in [NRS 62.211.] title 5 of NRS.
135-28 Sec. 320. NRS 244A.019 is hereby amended to read as
135-29 follows:
135-30 244A.019 “Building project” means any public building or
135-31 complex of buildings to accommodate or house lawful county
135-32 activities, including without limitation courts, records, county
135-33 personnel, administrative offices, welfare facilities, hospital
135-34 facilities, detention home facilities, jail facilities, facilities for the
135-35 detention of children or other juvenile home facilities, library
135-36 facilities, museum facilities, theater facilities, art galleries, picture
135-37 galleries, auditorium facilities, exposition facilities, athletic
135-38 facilities, supplies, vehicles, road maintenance equipment, and other
135-39 county equipment , [(]or any combination thereof , [),] structures,
135-40 fixtures and furniture therefor, and all appurtenances and incidentals
135-41 necessary, useful or desirable for any such facilities, including
135-42 without limitation all types of property therefor.
135-43 Sec. 321. NRS 260.050 is hereby amended to read as follows:
135-44 260.050 1. The public defender may, before being designated
135-45 as counsel for that person pursuant to NRS 171.188, interview an
135-46 indigent person when he has been arrested and confined for a public
136-1 offense or for questioning on suspicion of having committed a
136-2 public offense.
136-3 2. The public defender shall, when designated pursuant to NRS
136-4 [62.085,] 171.188 or 432B.420, or section 96 of this act, and within
136-5 the limits of available money, represent without charge each
136-6 indigent person for whom he is appointed.
136-7 3. When representing an indigent person, the public defender
136-8 shall:
136-9 (a) Counsel and defend him at every stage of the proceedings,
136-10 including revocation of probation or parole; and
136-11 (b) Prosecute, subject to the provisions of subsection 4 of NRS
136-12 180.060, any appeals or other remedies before or after conviction
136-13 that he considers to be in the interests of justice.
136-14 Sec. 322. NRS 268.676 is hereby amended to read as follows:
136-15 268.676 “Building project” means any public building or
136-16 complex of buildings to accommodate or house lawful municipal
136-17 activities, including without limitation courts, records, municipal
136-18 personnel, administrative offices, welfare facilities, hospital
136-19 facilities, detention home facilities, jail facilities, facilities for the
136-20 detention of children or other juvenile home facilities, library
136-21 facilities, museum facilities, theater facilities, art galleries, picture
136-22 galleries, auditorium facilities, exposition facilities, athletic
136-23 facilities, maintenance shops, off-street parking facilities, fire
136-24 protection and fire-fighting facilities, transportation terminal
136-25 facilities and fallout shelter facilities (or any combination thereof),
136-26 and structures, fixtures, furnishings and equipment therefor.
136-27 Sec. 323. NRS 277.065 is hereby amended to read as follows:
136-28 277.065 1. Within the limits of legislative appropriations, the
136-29 Department of Education, the county school districts of the various
136-30 counties of the State, [and] the Nevada Youth Training Center
136-31 Bureau and the Caliente Youth Center Bureau of the Division of
136-32 Child and Family Services of the Department of Human Resources
136-33 and any other state facility for the detention of children that is
136-34 operated pursuant to title 5 of NRS may enter into cooperative
136-35 arrangements for improving the quality of the academic and
136-36 occupational education provided at the Nevada Youth Training
136-37 Center [and] , the Caliente Youth Center[.] and any other state
136-38 facility for the detention of children that is operated pursuant to
136-39 title 5 of NRS.
136-40 2. This authorization includes the right to pay over money
136-41 appropriated to the Nevada Youth Training Center [or] , the
136-42 Caliente Youth Center or any other state facility for the detention
136-43 of children that is operated pursuant to title 5 of NRS to the
136-44 Department of Education or to a county school district when
136-45 necessary to accomplish the purpose of this section.
137-1 Sec. 324. NRS 281.210 is hereby amended to read as follows:
137-2 281.210 1. Except as otherwise provided in this section, it is
137-3 unlawful for any person acting as a school trustee, state, township,
137-4 municipal or county officer, or as an employing authority of the
137-5 University and Community College System of Nevada, any school
137-6 district or of the State, any town, city or county, or for any state or
137-7 local board, agency or commission, elected or appointed, to employ
137-8 in any capacity on behalf of the State of Nevada, or any county,
137-9 township, municipality or school district thereof, or the University
137-10 and Community College System of Nevada, any relative of such a
137-11 person or of any member of such a board, agency or commission
137-12 who is within the third degree of consanguinity or affinity.
137-13 2. This section does not apply:
137-14 (a) To school districts, when the teacher or other school
137-15 employee is not related to more than one of the trustees or person
137-16 who is an employing authority by consanguinity or affinity and
137-17 receives a unanimous vote of all members of the board of trustees
137-18 and approval by the [State] Department of Education.
137-19 (b) To school districts, when the teacher or other school
137-20 employee has been employed by an abolished school district or
137-21 educational district, which constitutes a part of the employing
137-22 county school district, and the county school district for 4 years or
137-23 more before April 1, 1957.
137-24 (c) To the spouse of the warden of an institution or manager of a
137-25 facility of the Department of Corrections.
137-26 (d) [To the spouse of the Superintendent of the Caliente Youth
137-27 Center.
137-28 (e)] To relatives of blind officers and employees of the Bureau
137-29 of Services to the Blind and Visually Impaired of the Rehabilitation
137-30 Division of the Department of Employment, Training and
137-31 Rehabilitation when those relatives are employed as automobile
137-32 drivers for those officers and employees.
137-33 [(f)] (e) To relatives of a member of a town board of a town
137-34 whose population is less than 300.
137-35 3. Nothing in this section:
137-36 (a) Prevents any officer in this state, employed under a flat
137-37 salary, from employing any suitable person to assist in any such
137-38 employment, when the payment for the service is met out of the
137-39 personal money of the officer.
137-40 (b) Disqualifies any widow with a dependent as an employee of
137-41 any officer or board in this state, or any of its counties, townships,
137-42 municipalities or school districts.
137-43 4. A person employed contrary to the provisions of this section
137-44 must not be compensated for the employment.
137-45 5. Any person violating any provisions of this section is guilty
137-46 of a gross misdemeanor.
138-1 Sec. 325. NRS 281.210 is hereby amended to read as follows:
138-2 281.210 1. Except as otherwise provided in this section, it is
138-3 unlawful for any person acting as a school trustee, state, township,
138-4 municipal or county officer, or as an employing authority of the
138-5 University and Community College System of Nevada, any school
138-6 district or of the State, any town, city or county, or for any state or
138-7 local board, agency or commission, elected or appointed, to employ
138-8 in any capacity on behalf of the State of Nevada, or any county,
138-9 township, municipality or school district thereof, or the University
138-10 and Community College System of Nevada, any relative of such a
138-11 person or of any member of such a board, agency or commission
138-12 who is within the third degree of consanguinity or affinity.
138-13 2. This section does not apply:
138-14 (a) To school districts, when the teacher or other school
138-15 employee is not related to more than one of the trustees or person
138-16 who is an employing authority by consanguinity or affinity and
138-17 receives a unanimous vote of all members of the board of trustees
138-18 and approval by the [State] Department of Education.
138-19 (b) To school districts, when the teacher or other school
138-20 employee has been employed by an abolished school district or
138-21 educational district, which constitutes a part of the employing
138-22 county school district, and the county school district for 4 years or
138-23 more before April 1, 1957.
138-24 (c) To the spouse of the warden of an institution or manager of a
138-25 facility of the Department of Corrections.
138-26 (d) [To the spouse of the Superintendent of the Caliente Youth
138-27 Center.
138-28 (e)] To relatives of blind officers and employees of the Bureau
138-29 of Services to the Blind and Visually Impaired of the Rehabilitation
138-30 Division of the Department of Employment, Training and
138-31 Rehabilitation when those relatives are employed as automobile
138-32 drivers for those officers and employees.
138-33 3. Nothing in this section:
138-34 (a) Prevents any officer in this state, employed under a flat
138-35 salary, from employing any suitable person to assist in any such
138-36 employment, when the payment for the service is met out of the
138-37 personal money of the officer.
138-38 (b) Disqualifies any widow with a dependent as an employee of
138-39 any officer or board in this state, or any of its counties, townships,
138-40 municipalities or school districts.
138-41 4. A person employed contrary to the provisions of this section
138-42 must not be compensated for the employment.
138-43 5. Any person violating any provisions of this section is guilty
138-44 of a gross misdemeanor.
139-1 Sec. 326. NRS 289.180 is hereby amended to read as follows:
139-2 289.180 1. The following persons have the powers of a peace
139-3 officer:
139-4 (a) The Chief Parole and Probation Officer appointed pursuant
139-5 to NRS 213.1092;
139-6 (b) Assistant parole and probation officers appointed pursuant to
139-7 NRS 213.1095;
139-8 (c) The chief of a department of alternative sentencing
139-9 established pursuant to NRS 211A.080; and
139-10 (d) Assistant alternative sentencing officers of a department of
139-11 alternative sentencing.
139-12 2. A juvenile probation officer or assistant juvenile probation
139-13 officer whose official duties require him to enforce court orders on
139-14 juvenile offenders and make arrests has the same powers as a peace
139-15 officer when performing duties pursuant to [NRS 213.220 to
139-16 213.290, inclusive, or chapter 62 or] title 5 of NRS or chapter 432B
139-17 of NRS, including the power to arrest an adult criminal offender
139-18 encountered while in the performance of those duties.
139-19 3. A director of juvenile services has the powers of a peace
139-20 officer in his judicial district when performing duties pursuant to
139-21 [NRS 213.220 to 213.290, inclusive, or chapter 62 or] title 5 of NRS
139-22 or chapter 432B of NRS, including the power to arrest an adult
139-23 criminal offender encountered while in the performance of those
139-24 duties.
139-25 4. The Chief of the Youth Parole Bureau of the Division of
139-26 Child and Family Services in the Department of Human Resources
139-27 and the parole officers of the Bureau have the powers of a peace
139-28 officer in carrying out the functions of the Bureau.
139-29 5. A director of a department of [family, youth and] juvenile
139-30 justice services established by ordinance pursuant to [NRS
139-31 62.1264] section 83 of this act has the powers of a peace officer in
139-32 the county when carrying out duties pursuant to [chapter 62 of NRS,
139-33 NRS 213.220 to 213.290, inclusive,] title 5 of NRS or chapter 432B
139-34 of NRS, including the power to arrest an adult criminal offender
139-35 encountered while carrying out those duties.
139-36 Sec. 327. NRS 289.200 is hereby amended to read as follows:
139-37 289.200 Officers and employees of the[:
139-38 1.] Nevada Youth Training Center [have the powers of a peace
139-39 officer so far as necessary to arrest inmates who have escaped from
139-40 that center.
139-41 2.] , the Caliente Youth Center and any other state facility for
139-42 the detention of children that is operated pursuant to title 5 of
139-43 NRS have the powers of a peace officer so far as necessary to arrest
139-44 [inmates] children who have escaped from that [center.] facility.
139-45 Sec. 328. NRS 289.470 is hereby amended to read as follows:
139-46 289.470 “Category II peace officer” means:
140-1 1. The Bailiff of the Supreme Court;
140-2 2. The bailiffs of the district courts, justices’ courts and
140-3 municipal courts whose duties require them to carry weapons and
140-4 make arrests;
140-5 3. Constables and their deputies whose official duties require
140-6 them to carry weapons and make arrests;
140-7 4. Inspectors employed by the Transportation Services
140-8 Authority who exercise those powers of enforcement conferred by
140-9 chapters 706 and 712 of NRS;
140-10 5. Parole and probation officers;
140-11 6. Special investigators who are employed full time by the
140-12 office of any district attorney or the Attorney General;
140-13 7. Investigators of arson for fire departments who are specially
140-14 designated by the appointing authority;
140-15 8. The assistant and deputies of the State Fire Marshal;
140-16 9. The brand inspectors of the State Department of Agriculture
140-17 who exercise the powers of enforcement conferred by chapter 565
140-18 of NRS;
140-19 10. The field agents and inspectors of the State Department of
140-20 Agriculture who exercise the powers of enforcement conferred by
140-21 NRS 561.225;
140-22 11. Investigators for the State Forester Firewarden who are
140-23 specially designated by him and whose primary duties are related to
140-24 the investigation of arson;
140-25 12. School police officers employed by the board of trustees of
140-26 any county school district;
140-27 13. Agents of the State Gaming Control Board who exercise
140-28 the powers of enforcement specified in NRS 289.360, 463.140 or
140-29 463.1405, except those agents whose duties relate primarily to
140-30 auditing, accounting, the collection of taxes or license fees, or the
140-31 investigation of applicants for licenses;
140-32 14. Investigators and administrators of the Division of
140-33 Compliance Enforcement of the Department of Motor Vehicles who
140-34 perform the duties specified in subsection 2 of NRS 481.048;
140-35 15. Officers and investigators of the Section for the Control of
140-36 Emissions from Vehicles of the Department of Motor Vehicles who
140-37 perform the duties specified in subsection 3 of NRS 481.0481;
140-38 16. Legislative police officers of the State of Nevada;
140-39 17. The personnel of the Capitol Police Division of the
140-40 Department of Public Safety appointed pursuant to subsection 2 of
140-41 NRS 331.140;
140-42 18. Parole counselors of the Division of Child and Family
140-43 Services of the Department of Human Resources;
140-44 19. Juvenile probation officers and deputy juvenile probation
140-45 officers employed by the various judicial districts in the State of
140-46 Nevada or by a department of [family, youth and] juvenile justice
141-1 services established by ordinance pursuant to [NRS 62.1264]
141-2 section 83 of this act whose official duties require them to enforce
141-3 court orders on juvenile offenders and make arrests;
141-4 20. Field investigators of the Taxicab Authority;
141-5 21. Security officers employed full-time by a city or county
141-6 whose official duties require them to carry weapons and make
141-7 arrests;
141-8 22. The chief of a department of alternative sentencing created
141-9 pursuant to NRS 211A.080 and the assistant alternative sentencing
141-10 officers employed by that department; and
141-11 23. Criminal investigators who are employed by the Secretary
141-12 of State.
141-13 Sec. 329. NRS 353.264 is hereby amended to read as follows:
141-14 353.264 1. The Reserve for Statutory Contingency Account
141-15 is hereby created in the State General Fund.
141-16 2. The State Board of Examiners shall administer the Reserve
141-17 for Statutory Contingency Account. The money in the Account must
141-18 be expended only for:
141-19 (a) The payment of claims which are obligations of the State
141-20 pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040,
141-21 212.050, 212.070, [214.040,] 281.174, 282.290, 282.315, 288.203,
141-22 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235[;] and
141-23 section 288 of this act;
141-24 (b) The payment of claims which are obligations of the State
141-25 pursuant to:
141-26 (1) Chapter 472 of NRS arising from operations of the
141-27 Division of Forestry of the State Department of Conservation
141-28 and Natural Resources directly involving the protection of life and
141-29 property; and
141-30 (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and
141-31 293B.210,
141-32 except that claims may be approved for the respective purposes
141-33 listed in this paragraph only when the money otherwise appropriated
141-34 for those purposes has been exhausted;
141-35 (c) The payment of claims which are obligations of the state
141-36 pursuant to NRS 41.0349 and 41.037, but only to the extent that the
141-37 money in the Fund for Insurance Premiums is insufficient to pay the
141-38 claims; and
141-39 (d) The payment of claims which are obligations of the State
141-40 pursuant to NRS 535.030 arising from remedial actions taken by the
141-41 State Engineer when the condition of a dam becomes dangerous to
141-42 the safety of life or property.
141-43 3. The State Board of Examiners may authorize its Clerk,
141-44 under such circumstances as it deems appropriate, to approve, on
141-45 behalf of the Board, the payment of claims from the Reserve for
141-46 Statutory Contingency Account. For the purpose of exercising any
142-1 authority granted to the Clerk of the State Board of Examiners
142-2 pursuant to this subsection, any statutory reference to the State
142-3 Board of Examiners relating to such a claim shall be deemed to refer
142-4 to the Clerk of the Board.
142-5 Sec. 330. NRS 354.557 is hereby amended to read as follows:
142-6 354.557 “Regional facility” means a facility that is used by
142-7 each county that levies a tax ad valorem for its operation pursuant to
142-8 NRS 354.59818 and provides services related to public safety,
142-9 health or criminal justice. The term includes a regional facility for
142-10 the detention of children [as that term is defined in NRS 62.845.]
142-11 for which an assessment is paid pursuant to section 206 of this act.
142-12 Sec. 331. NRS 385.363 is hereby amended to read as follows:
142-13 385.363 1. The Department shall, on or before April 1 of
142-14 each year:
142-15 (a) Evaluate the information submitted by each school district
142-16 pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347;
142-17 and
142-18 (b) Except as otherwise provided in subsection 2 and NRS
142-19 385.364, based upon its evaluation and in accordance with the
142-20 criteria set forth in NRS 385.365 and 385.367, designate each public
142-21 school within each school district as:
142-22 (1) Demonstrating exemplary achievement;
142-23 (2) Demonstrating high achievement;
142-24 (3) Demonstrating adequate achievement; or
142-25 (4) Demonstrating need for improvement.
142-26 2. The Department shall adopt regulations that set forth the
142-27 conditions under which the Department will not designate a public
142-28 school pursuant to this section because the school:
142-29 (a) Has too few pupils enrolled in a grade level that is tested
142-30 pursuant to NRS 389.015;
142-31 (b) Serves only pupils with disabilities;
142-32 (c) Operates only as an alternative program for the education of
142-33 pupils at risk of dropping out of high school, including, without
142-34 limitation, a program of distance education for pupils at risk of
142-35 dropping out of high school provided pursuant to NRS 388.820 to
142-36 388.874, inclusive; or
142-37 (d) Is operated within a:
142-38 (1) [Youth training center;
142-39 (2) Youth center;
142-40 (3)] Local, regional or state facility for the detention of
142-41 children;
142-42 (2) Juvenile forestry camp;
142-43 [(4) Detention home;
142-44 (5) Youth camp;
142-45 (6) Juvenile correctional institution; or
142-46 (7)] or
143-1 (3) Correctional institution.
143-2 Sec. 332. NRS 387.123 is hereby amended to read as follows:
143-3 387.123 1. The count of pupils for apportionment purposes
143-4 includes all pupils who are enrolled in programs of instruction of the
143-5 school district, including, without limitation, a program of distance
143-6 education provided by the school district, or pupils who reside in the
143-7 county in which the school district is located and are enrolled in any
143-8 charter school, including, without limitation, a program of distance
143-9 education provided by a charter school, for:
143-10 (a) Pupils in the kindergarten department.
143-11 (b) Pupils in grades 1 to 12, inclusive.
143-12 (c) Pupils not included under paragraph (a) or (b) who are
143-13 receiving special education pursuant to the provisions of NRS
143-14 388.440 to 388.520, inclusive.
143-15 (d) Pupils who reside in the county and are enrolled part-time in
143-16 a program of distance education if an agreement is filed with the
143-17 Superintendent of Public Instruction pursuant to NRS 388.854 or
143-18 388.858, as applicable.
143-19 (e) Children detained in [detention homes,] facilities for the
143-20 detention of children, alternative programs and juvenile forestry
143-21 camps receiving instruction pursuant to the provisions of NRS
143-22 388.550, 388.560 and 388.570.
143-23 (f) Pupils who are enrolled in classes pursuant to subsection 4 of
143-24 NRS 386.560 and pupils who are enrolled in classes pursuant to
143-25 subsection 4 of NRS 386.580.
143-26 (g) Pupils who are enrolled in classes pursuant to subsection 3
143-27 of NRS 392.070.
143-28 (h) Pupils who are enrolled in classes and taking courses
143-29 necessary to receive a high school diploma, excluding those pupils
143-30 who are included in paragraphs (d), (f) and (g).
143-31 2. The State Board shall establish uniform regulations for
143-32 counting enrollment and calculating the average daily attendance of
143-33 pupils. In establishing such regulations for the public schools, the
143-34 State Board:
143-35 (a) Shall divide the school year into 10 school months, each
143-36 containing 20 or fewer school days.
143-37 (b) May divide the pupils in grades 1 to 12, inclusive, into
143-38 categories composed respectively of those enrolled in elementary
143-39 schools and those enrolled in secondary schools.
143-40 (c) Shall prohibit the counting of any pupil specified in
143-41 subsection 1 more than once.
143-42 3. Except as otherwise provided in subsection 4 and NRS
143-43 388.700, the State Board shall establish by regulation the maximum
143-44 pupil-teacher ratio in each grade, and for each subject matter
143-45 wherever different subjects are taught in separate classes, for each
143-46 school district of this state which is consistent with:
144-1 (a) The maintenance of an acceptable standard of instruction;
144-2 (b) The conditions prevailing in the school district with respect
144-3 to the number and distribution of pupils in each grade; and
144-4 (c) Methods of instruction used, which may include educational
144-5 television, team teaching or new teaching systems or
144-6 techniques.
144-7 If the Superintendent of Public Instruction finds that any school
144-8 district is maintaining one or more classes whose pupil-teacher ratio
144-9 exceeds the applicable maximum, and unless he finds that the board
144-10 of trustees of the school district has made every reasonable effort in
144-11 good faith to comply with the applicable standard, he shall, with the
144-12 approval of the State Board, reduce the count of pupils for
144-13 apportionment purposes by the percentage which the number of
144-14 pupils attending those classes is of the total number of pupils in the
144-15 district, and the State Board may direct him to withhold the
144-16 quarterly apportionment entirely.
144-17 4. The provisions of subsection 3 do not apply to a charter
144-18 school or a program of distance education provided pursuant to NRS
144-19 388.820 to 388.874, inclusive.
144-20 Sec. 333. NRS 387.1233 is hereby amended to read as
144-21 follows:
144-22 387.1233 1. Except as otherwise provided in subsection 2,
144-23 basic support of each school district must be computed by:
144-24 (a) Multiplying the basic support guarantee per pupil established
144-25 for that school district for that school year by the sum of:
144-26 (1) Six-tenths the count of pupils enrolled in the kindergarten
144-27 department on the last day of the first school month of the school
144-28 district for the school year, including, without limitation, the count
144-29 of pupils who reside in the county and are enrolled in any charter
144-30 school on the last day of the first school month of the school district
144-31 for the school year.
144-32 (2) The count of pupils enrolled in grades 1 to 12, inclusive,
144-33 on the last day of the first school month of the school district for the
144-34 school year, including, without limitation, the count of pupils who
144-35 reside in the county and are enrolled in any charter school on the last
144-36 day of the first school month of the school district for the school
144-37 year.
144-38 (3) The count of pupils not included under subparagraph (1)
144-39 or (2) who are enrolled full-time in a program of distance education
144-40 provided by that school district or a charter school located within
144-41 that school district on the last day of the first school month of the
144-42 school district for the school year.
144-43 (4) The count of pupils who reside in the county and are
144-44 enrolled:
144-45 (I) In a public school of the school district and are
144-46 concurrently enrolled part-time in a program of distance education
145-1 provided by another school district or a charter school on the last
145-2 day of the first school month of the school district for the school
145-3 year, expressed as a percentage of the total time services are
145-4 provided to those pupils per school day in proportion to the total
145-5 time services are provided during a school day to pupils who are
145-6 counted pursuant to subparagraph (2).
145-7 (II) In a charter school and are concurrently enrolled part-
145-8 time in a program of distance education provided by a school district
145-9 or another charter school on the last day of the first school month of
145-10 the school district for the school year, expressed as a percentage of
145-11 the total time services are provided to those pupils per school day in
145-12 proportion to the total time services are provided during a school
145-13 day to pupils who are counted pursuant to subparagraph (2).
145-14 (5) The count of pupils not included under subparagraph (1),
145-15 (2), (3) or (4), who are receiving special education pursuant to the
145-16 provisions of NRS 388.440 to 388.520, inclusive, on the last day of
145-17 the first school month of the school district for the school year,
145-18 excluding the count of pupils who have not attained the age of 5
145-19 years and who are receiving special education pursuant to
145-20 subsection 1 of NRS 388.490 on that day.
145-21 (6) Six-tenths the count of pupils who have not attained the
145-22 age of 5 years and who are receiving special education pursuant to
145-23 subsection 1 of NRS 388.490 on the last day of the first school
145-24 month of the school district for the school year.
145-25 (7) The count of children detained in [detention homes,]
145-26 facilities for the detention of children, alternative programs and
145-27 juvenile forestry camps receiving instruction pursuant to the
145-28 provisions of NRS 388.550, 388.560 and 388.570 on the last day of
145-29 the first school month of the school district for the school year.
145-30 (8) The count of pupils who are enrolled in classes for at
145-31 least one semester pursuant to subsection 4 of NRS 386.560,
145-32 subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070,
145-33 expressed as a percentage of the total time services are provided to
145-34 those pupils per school day in proportion to the total time services
145-35 are provided during a school day to pupils who are counted pursuant
145-36 to subparagraph (2).
145-37 (b) Multiplying the number of special education program units
145-38 maintained and operated by the amount per program established for
145-39 that school year.
145-40 (c) Adding the amounts computed in paragraphs (a) and (b).
145-41 2. If the enrollment of pupils in a school district or a charter
145-42 school that is located within the school district on the last day of the
145-43 first school month of the school district for the school year is less
145-44 than the enrollment of pupils in the same school district or charter
145-45 school on the last day of the first school month of the school district
145-46 for either or both of the immediately preceding 2 school years, the
146-1 largest number must be used from among the 3 years for purposes of
146-2 apportioning money from the State Distributive School Account to
146-3 that school district or charter school pursuant to NRS 387.124.
146-4 3. Pupils who are excused from attendance at examinations or
146-5 have completed their work in accordance with the rules of the board
146-6 of trustees must be credited with attendance during that period.
146-7 4. Pupils who are incarcerated in a facility or institution
146-8 operated by the Department of Corrections must not be counted for
146-9 the purpose of computing basic support pursuant to this section. The
146-10 average daily attendance for such pupils must be reported to the
146-11 Department[.] of Education.
146-12 5. Pupils who are enrolled in courses which are approved by
146-13 the Department as meeting the requirements for an adult to earn a
146-14 high school diploma must not be counted for the purpose of
146-15 computing basic support pursuant to this section.
146-16 Sec. 334. NRS 388.550 is hereby amended to read as follows:
146-17 388.550 1. With the approval of the juvenile court and the
146-18 board of county commissioners, the board of trustees of a school
146-19 district may employ necessary legally qualified teachers for the
146-20 instruction of children detained in:
146-21 (a) A facility for the detention [home] of children or an
146-22 alternative program maintained by the county pursuant to the
146-23 provisions of [NRS 62.180.] title 5 of NRS.
146-24 (b) A juvenile forestry camp established by the county pursuant
146-25 to the provisions of NRS 244.297.
146-26 (c) A juvenile training school established by the State pursuant
146-27 to the provisions of [chapter 210] title 5 of NRS.
146-28 2. As used in this section, “juvenile court” [means:
146-29 (a) In any judicial district that includes a county whose
146-30 population is 100,000 or more, the family division of the district
146-31 court; or
146-32 (b) In any other judicial district, the juvenile division of the
146-33 district court.] has the meaning ascribed to it in section 19 of this
146-34 act.
146-35 Sec. 335. NRS 388.560 is hereby amended to read as follows:
146-36 388.560 Only courses of instruction approved by the State
146-37 Board [of Education] may be given in such [detention homes,
146-38 alternative programs, juvenile training schools] local, regional or
146-39 state facilities for the detention of children, alternative programs
146-40 or juvenile forestry camps. Necessary textbooks, equipment and
146-41 supplies must be furnished by the school district.
146-42 Sec. 336. NRS 388.570 is hereby amended to read as follows:
146-43 388.570 1. The State Board [of Education] shall establish
146-44 regulations for the computation of enrollment and average daily
146-45 attendance of children detained in [detention homes,] facilities for
146-46 the detention of children, alternative programs and juvenile forestry
147-1 camps receiving instruction pursuant to the provisions of this
147-2 section and NRS 388.550[, 388.560 and 388.570.] and 388.560.
147-3 2. Boards of trustees of school districts providing such
147-4 instruction shall report to the Superintendent of Public Instruction at
147-5 such times and in such manner as he prescribes.
147-6 Sec. 337. NRS 388.795 is hereby amended to read as follows:
147-7 388.795 1. The Commission shall establish a plan for the use
147-8 of educational technology in the public schools of this state. In
147-9 preparing the plan, the Commission shall consider:
147-10 (a) Plans that have been adopted by the Department and the
147-11 school districts in this state;
147-12 (b) Plans that have been adopted in other states;
147-13 (c) The information submitted to the Commission by the board
147-14 of trustees of each school district pursuant to subsection 2 of NRS
147-15 385.351; and
147-16 (d) Any other information that the Commission or the
147-17 Committee deems relevant to the preparation of the plan.
147-18 2. The plan established by the Commission must include
147-19 recommendations for methods to:
147-20 (a) Incorporate educational technology into the public schools of
147-21 this state;
147-22 (b) Increase the number of pupils in the public schools of this
147-23 state who have access to educational technology;
147-24 (c) Increase the availability of educational technology to assist
147-25 licensed teachers and other educational personnel in complying with
147-26 the requirements of continuing education, including, but not limited
147-27 to, the receipt of credit for college courses completed through the
147-28 use of educational technology;
147-29 (d) Facilitate the exchange of ideas to improve the achievement
147-30 of pupils who are enrolled in the public schools of this state; and
147-31 (e) Address the needs of teachers in incorporating the use of
147-32 educational technology in the classroom, including, but not limited
147-33 to, the completion of training that is sufficient to enable the teachers
147-34 to instruct pupils in the use of educational technology.
147-35 3. The Department shall provide:
147-36 (a) Administrative support;
147-37 (b) Equipment; and
147-38 (c) Office space,
147-39 as is necessary for the Commission to carry out the provisions of
147-40 this section.
147-41 4. The following entities shall cooperate with the Commission
147-42 in carrying out the provisions of this section:
147-43 (a) The State Board.
147-44 (b) The board of trustees of each school district.
147-45 (c) The superintendent of schools of each school district.
147-46 (d) The Department.
148-1 5. The Commission shall:
148-2 (a) Develop technical standards for educational technology and
148-3 any electrical or structural appurtenances necessary thereto,
148-4 including, without limitation, uniform specifications for computer
148-5 hardware and wiring, to ensure that such technology is compatible,
148-6 uniform and can be interconnected throughout the public schools of
148-7 this state.
148-8 (b) Allocate money to the school districts from the Trust Fund
148-9 for Educational Technology created pursuant to NRS 388.800 and
148-10 any money appropriated by the Legislature for educational
148-11 technology, subject to any priorities for such allocation established
148-12 by the Legislature.
148-13 (c) Establish criteria for the board of trustees of a school district
148-14 that receives an allocation of money from the Commission to:
148-15 (1) Repair, replace and maintain computer systems.
148-16 (2) Upgrade and improve computer hardware and software
148-17 and other educational technology.
148-18 (3) Provide training, installation and technical support related
148-19 to the use of educational technology within the district.
148-20 (d) Submit to the Governor, the Committee and the Department
148-21 its plan for the use of educational technology in the public schools
148-22 of this state and any recommendations for legislation.
148-23 (e) Review the plan annually and make revisions as it deems
148-24 necessary or as directed by the Committee or the Department.
148-25 (f) In addition to the recommendations set forth in the plan
148-26 pursuant to subsection 2, make further recommendations to the
148-27 Committee and the Department as the Commission deems
148-28 necessary.
148-29 6. The Commission may appoint an advisory committee
148-30 composed of members of the Commission or other qualified persons
148-31 to provide recommendations to the Commission regarding standards
148-32 for the establishment, coordination and use of a telecommunications
148-33 network in the public schools throughout the various school districts
148-34 in this state. The advisory committee serves at the pleasure of the
148-35 Commission and without compensation unless an appropriation or
148-36 other money for that purpose is provided by the Legislature.
148-37 7. As used in this section, “public school” includes the Caliente
148-38 Youth Center , [and] the Nevada Youth Training Center[.] and any
148-39 other state facility for the detention of children that is operated
148-40 pursuant to title 5 of NRS.
148-41 Sec. 338. NRS 388.850 is hereby amended to read as follows:
148-42 388.850 1. A pupil may enroll in a program of distance
148-43 education only if the pupil satisfies the requirements of any other
148-44 applicable statute and the pupil:
148-45 (a) Is participating in a program for pupils at risk of dropping
148-46 out of high school pursuant to NRS 388.537;
149-1 (b) Is participating in a program of independent study pursuant
149-2 to NRS 389.155;
149-3 (c) Is enrolled in a public school that does not offer certain
149-4 advanced or specialized courses that the pupil desires to attend;
149-5 (d) Has a physical or mental condition that would otherwise
149-6 require an excuse from compulsory attendance pursuant to
149-7 NRS 392.050;
149-8 (e) Would otherwise be excused from compulsory attendance
149-9 pursuant to NRS 392.080;
149-10 (f) Is otherwise prohibited from attending public school pursuant
149-11 to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467
149-12 or 392.4675;
149-13 (g) Is otherwise permitted to enroll in a program of distance
149-14 education provided by the board of trustees of a school district if the
149-15 board of trustees determines that the circumstances warrant
149-16 enrollment for the pupil; or
149-17 (h) Is otherwise permitted to enroll in a program of distance
149-18 education provided by the governing body of a charter school if the
149-19 governing body of the charter school determines that the
149-20 circumstances warrant enrollment for the pupil.
149-21 2. In addition to the eligibility for enrollment set forth in
149-22 subsection 1, a pupil must satisfy the qualifications and conditions
149-23 for enrollment in a program of distance education adopted by the
149-24 State Board pursuant to NRS 388.874.
149-25 3. A child who is exempt from compulsory attendance and
149-26 receiving equivalent instruction authorized by the State Board
149-27 pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in
149-28 or otherwise attend a program of distance education, regardless of
149-29 whether he is otherwise eligible for enrollment pursuant to
149-30 subsection 1.
149-31 4. If a pupil who is prohibited from attending public school
149-32 pursuant to NRS 392.264 enrolls in a program of distance education,
149-33 the enrollment and attendance of that pupil must comply with all
149-34 requirements of NRS [62.405 to 62.485, inclusive, and] 392.251 to
149-35 392.271, inclusive[.] , and sections 180 to 184, inclusive, of this
149-36 act.
149-37 5. If a pupil is eligible for enrollment in a program of distance
149-38 education pursuant to paragraph (c) of subsection 1, he may enroll
149-39 in the program of distance education only to take those advanced or
149-40 specialized courses that are not offered at the public school he
149-41 otherwise attends.
149-42 Sec. 339. NRS 389.017 is hereby amended to read as follows:
149-43 389.017 1. The State Board shall adopt regulations requiring
149-44 that each board of trustees of a school district and each governing
149-45 body of a charter school submit to the Superintendent of Public
149-46 Instruction and the Department, in the form and manner prescribed
150-1 by the Superintendent, the results of achievement and proficiency
150-2 examinations given in the 4th, 8th, 10th and 11th grades to public
150-3 school pupils of the district and charter schools. The State Board
150-4 shall not include in the regulations any provision which would
150-5 violate the confidentiality of the test scores of any individual pupil.
150-6 2. The results of examinations must be reported for each
150-7 school, including, without limitation, each charter school, school
150-8 district and this state, as follows:
150-9 (a) The average score, as defined by the Department, of pupils
150-10 who took the examinations under regular testing conditions; and
150-11 (b) The average score, as defined by the Department, of pupils
150-12 who took the examinations with modifications or accommodations
150-13 approved by the private entity that created the examination or, if the
150-14 Department created the examination, the Department, if such
150-15 reporting does not violate the confidentiality of the test scores of any
150-16 individual pupil.
150-17 3. The Department shall adopt regulations prescribing the
150-18 requirements for reporting the scores of pupils who:
150-19 (a) Took the examinations under conditions that were not
150-20 approved by the private entity that created the examination or, if the
150-21 Department created the examination, by the Department;
150-22 (b) Are enrolled in special schools for children with disabilities;
150-23 (c) Are enrolled in an alternative program for the education of
150-24 pupils at risk of dropping out of high school, including, without
150-25 limitation, a program of distance education that is provided to pupils
150-26 who are at risk of dropping out of high school pursuant to NRS
150-27 388.820 to 388.874, inclusive; or
150-28 (d) Are detained in a:
150-29 (1) [Youth training center;
150-30 (2) Youth center;
150-31 (3)] Local, regional or state facility for the detention of
150-32 children;
150-33 (2) Juvenile forestry camp;
150-34 [(4) Detention home;
150-35 (5) Youth camp;
150-36 (6) Juvenile correctional institution; or
150-37 (7)] or
150-38 (3) Correctional institution.
150-39 The scores reported pursuant to this subsection must not be included
150-40 in the average scores reported pursuant to subsection 2.
150-41 4. Not later than 10 days after the Department receives the
150-42 results of the achievement and proficiency examinations, the
150-43 Department shall transmit a copy of the results of the examinations
150-44 administered pursuant to NRS 389.015 to the Legislative Bureau of
150-45 Educational Accountability and Program Evaluation in a manner
151-1 that does not violate the confidentiality of the test scores of any
151-2 individual pupil.
151-3 5. On or before November 15 of each year, each school district
151-4 and each charter school shall report to the Department the following
151-5 information for each examination administered in the public schools
151-6 in the school district or charter school:
151-7 (a) The examination administered;
151-8 (b) The grade level or levels of pupils to whom the examination
151-9 was administered;
151-10 (c) The costs incurred by the school district or charter school in
151-11 administering each examination; and
151-12 (d) The purpose, if any, for which the results of the examination
151-13 are used by the school district or charter school.
151-14 On or before December 15 of each year, the Department shall
151-15 transmit to the Budget Division of the Department of
151-16 Administration and the Fiscal Analysis Division of the Legislative
151-17 Counsel Bureau the information submitted to the Department
151-18 pursuant to this subsection.
151-19 6. The superintendent of schools of each school district and the
151-20 governing body of each charter school shall certify that the number
151-21 of pupils who took the examinations required pursuant to NRS
151-22 389.015 is equal to the number of pupils who are enrolled in each
151-23 school in the school district or in the charter school who are required
151-24 to take the examinations except for those pupils who are exempt
151-25 from taking the examinations. A pupil may be exempt from taking
151-26 the examinations if:
151-27 (a) His primary language is not English and his proficiency in
151-28 the English language is below the level that the State Board
151-29 determines is proficient, as measured by an assessment of
151-30 proficiency in the English language prescribed by the State Board
151-31 pursuant to subsection 8; or
151-32 (b) He is enrolled in a program of special education pursuant to
151-33 NRS 388.440 to 388.520, inclusive, and his program of special
151-34 education specifies that he is exempt from taking the examinations.
151-35 7. In addition to the information required by subsection 5, the
151-36 Superintendent of Public Instruction shall:
151-37 (a) Report the number of pupils who were not exempt from
151-38 taking the examinations but were absent from school on the day that
151-39 the examinations were administered; and
151-40 (b) Reconcile the number of pupils who were required to take
151-41 the examinations with the number of pupils who were exempt from
151-42 taking the examinations or absent from school on the day that the
151-43 examinations were administered.
151-44 8. The State Board shall prescribe an assessment of proficiency
151-45 in the English language for pupils whose primary language is not
152-1 English to determine which pupils are exempt from the
152-2 examinations pursuant to paragraph (a) of subsection 6.
152-3 Sec. 340. NRS 389.018 is hereby amended to read as follows:
152-4 389.018 1. The following subjects are designated as the core
152-5 academic subjects that must be taught, as applicable for grade
152-6 levels, in all public schools, the Caliente Youth Center [and] , the
152-7 Nevada Youth Training Center[:] and any other state facility for
152-8 the detention of children that is operated pursuant to title 5 of
152-9 NRS:
152-10 (a) English, including reading, composition and writing;
152-11 (b) Mathematics;
152-12 (c) Science; and
152-13 (d) Social studies, which includes only the subjects of history,
152-14 geography, economics and government.
152-15 2. Except as otherwise provided in this subsection, in addition
152-16 to the core academic subjects, the following subjects must be taught
152-17 as applicable for grade levels and to the extent practicable in all
152-18 public schools, the Caliente Youth Center , [and] the Nevada Youth
152-19 Training Center[:] and any other state facility for the detention of
152-20 children that is operated pursuant to title 5 of NRS:
152-21 (a) The arts;
152-22 (b) Computer education and technology;
152-23 (c) Health; and
152-24 (d) Physical education.
152-25 If the State Board requires the completion of course work in a
152-26 subject area set forth in this subsection for graduation from high
152-27 school or promotion to the next grade, a public school shall offer the
152-28 required course work. Unless a subject is required for graduation
152-29 from high school or promotion to the next grade, a charter school is
152-30 not required to comply with this subsection.
152-31 Sec. 341. NRS 389.020 is hereby amended to read as follows:
152-32 389.020 1. In all public schools, the Caliente Youth Center ,
152-33 [and] the Nevada Youth Training Center[,] and any other state
152-34 facility for the detention of children that is operated pursuant to
152-35 title 5 of NRS, instruction must be given in American government,
152-36 including, without limitation, the:
152-37 (a) Essentials of the:
152-38 (1) Constitution of the United States, including, without
152-39 limitation, the Bill of Rights;
152-40 (2) Constitution of the State of Nevada; and
152-41 (3) Declaration of Independence;
152-42 (b) Origin and history of the constitutions; and
152-43 (c) Study of and devotion to American institutions and ideals.
152-44 2. The instruction required in subsection 1 must be given
152-45 during at least 1 year of the elementary school grades and for a
152-46 period of at least 1 year in all high schools.
153-1 Sec. 342. NRS 389.035 is hereby amended to read as follows:
153-2 389.035 No pupil in any public high school, the Caliente Youth
153-3 Center , [or] the Nevada Youth Training Center or any other state
153-4 facility for the detention of children that is operated pursuant to
153-5 title 5 of NRS may receive a certificate or diploma of graduation
153-6 without having passed a course in American government and
153-7 American history as required by NRS 389.020 and 389.030.
153-8 Sec. 343. NRS 389.560 is hereby amended to read as follows:
153-9 389.560 1. The State Board shall adopt regulations that
153-10 require the board of trustees of each school district and
153-11 the governing body of each charter school to submit to the
153-12 Superintendent of Public Instruction, the Department and the
153-13 Council, in the form and manner prescribed by the Superintendent,
153-14 the results of the examinations administered pursuant to NRS
153-15 389.550. The State Board shall not include in the regulations any
153-16 provision that would violate the confidentiality of the test scores of
153-17 an individual pupil.
153-18 2. The results of the examinations must be reported for each
153-19 school, including, without limitation, each charter school, school
153-20 district and this state, as follows:
153-21 (a) The percentage of pupils who have demonstrated
153-22 proficiency, as defined by the Department, and took the
153-23 examinations under regular testing conditions; and
153-24 (b) The percentage of pupils who have demonstrated
153-25 proficiency, as defined by the Department, and took the
153-26 examinations with modifications or accommodations approved by
153-27 the private entity that created the examination or, if the Department
153-28 created the examination, the Department, if such reporting does not
153-29 violate the confidentiality of the test scores of any individual pupil.
153-30 3. The Department shall adopt regulations prescribing the
153-31 requirements for reporting the results of pupils who:
153-32 (a) Took the examinations under conditions that were not
153-33 approved by the private entity that created the examination or, if the
153-34 Department created the examination, by the Department;
153-35 (b) Are enrolled in special schools for children with disabilities;
153-36 (c) Are enrolled in an alternative program for the education of
153-37 pupils at risk of dropping out of high school, including, without
153-38 limitation, a program of distance education that is provided to pupils
153-39 who are at risk of dropping out of high school pursuant to NRS
153-40 388.820 to 388.874, inclusive; or
153-41 (d) Are detained in a:
153-42 (1) [Youth training center;
153-43 (2) Youth center;
153-44 (3)] Local, regional or state facility for the detention of
153-45 children;
153-46 (2) Juvenile forestry camp;
154-1 [(4) Detention home;
154-2 (5) Youth camp;
154-3 (6) Juvenile correctional institution; or
154-4 (7)] or
154-5 (3) Correctional institution.
154-6 The results reported pursuant to this subsection must not be included
154-7 in the percentage of pupils reported pursuant to subsection 2.
154-8 4. Not later than 10 days after the Department receives the
154-9 results of the examinations, the Department shall transmit a copy of
154-10 the results to the Legislative Bureau of Educational Accountability
154-11 and Program Evaluation in a manner that does not violate the
154-12 confidentiality of the test scores of any individual pupil.
154-13 5. On or before November 15 of each year, each school district
154-14 and each charter school shall report to the Department the following
154-15 information for each examination administered in the public schools
154-16 in the school district or charter school:
154-17 (a) The examination administered;
154-18 (b) The grade level or levels of pupils to whom the examination
154-19 was administered;
154-20 (c) The costs incurred by the school district or charter school in
154-21 administering each examination; and
154-22 (d) The purpose, if any, for which the results of the examination
154-23 are used by the school district or charter school.
154-24 On or before December 15 of each year, the Department shall
154-25 transmit to the Budget Division of the Department of
154-26 Administration and the Fiscal Analysis Division of the Legislative
154-27 Counsel Bureau the information submitted to the Department
154-28 pursuant to this subsection.
154-29 6. The superintendent of schools of each school district and the
154-30 governing body of each charter school shall certify that the number
154-31 of pupils who took the examinations is equal to the number of pupils
154-32 who are enrolled in each school in the school district or in the
154-33 charter school who are required to take the examinations, except for
154-34 those pupils who are exempt from taking the examinations. A pupil
154-35 may be exempt from taking the examinations if:
154-36 (a) His primary language is not English and his proficiency in
154-37 the English language is below the level that the State Board
154-38 determines is proficient, as measured by an assessment of
154-39 proficiency in the English language prescribed by the State Board
154-40 pursuant to subsection 8; or
154-41 (b) He is enrolled in a program of special education pursuant to
154-42 NRS 388.440 to 388.520, inclusive, and his program of special
154-43 education specifies that he is exempt from taking the examinations.
154-44 7. In addition to the information required by subsection 5, the
154-45 Superintendent of Public Instruction shall:
155-1 (a) Report the number of pupils who were not exempt from
155-2 taking the examinations but were absent from school on the day that
155-3 the examinations were administered; and
155-4 (b) Reconcile the number of pupils who were required to take
155-5 the examinations with the number of pupils who were exempt from
155-6 taking the examinations or absent from school on the day that the
155-7 examinations were administered.
155-8 8. The State Board shall prescribe an assessment of proficiency
155-9 in the English language for pupils whose primary language is not
155-10 English to determine which pupils are exempt from the
155-11 examinations pursuant to paragraph (a) of subsection 6.
155-12 Sec. 344. NRS 391.090 is hereby amended to read as follows:
155-13 391.090 1. Any person who is:
155-14 (a) Granted a license to teach or perform other educational
155-15 functions in the public schools of Nevada, in the school conducted
155-16 at the Nevada Youth Training Center , [or] the Caliente Youth
155-17 Center or any other state facility for the detention of children that
155-18 is operated pursuant to title 5 of NRS or for any program of
155-19 instruction for kindergarten or grades 1 to 12, inclusive, conducted
155-20 at any correctional institution in the Department of Corrections; or
155-21 (b) Charged with the duty at the Nevada Youth Training Center ,
155-22 [or] the Caliente Youth Center or any other state facility for the
155-23 detention of children that is operated pursuant to title 5 of NRS of
155-24 giving instruction in the Constitution of the United States and the
155-25 Constitution of the State of Nevada,
155-26 must show, by examination or credentials showing college,
155-27 university or normal school study, satisfactory evidence of adequate
155-28 knowledge of the origin, history, provisions and principles of the
155-29 Constitution of the United States and the Constitution of the State of
155-30 Nevada.
155-31 2. The Commission may grant a reasonable time for
155-32 compliance with the terms of this section.
155-33 Sec. 345. NRS 392.090 is hereby amended to read as follows:
155-34 392.090 After review of the case, the juvenile [division or
155-35 family division of the district] court may issue a permit authorizing
155-36 any child who has completed the eighth grade to leave school.
155-37 Sec. 346. NRS 392.254 is hereby amended to read as follows:
155-38 392.254 “Notification” means a notification which indicates
155-39 that a child has been adjudicated delinquent for a sexual offense or a
155-40 sexually motivated act and which is provided by a probation officer
155-41 or parole officer pursuant to [NRS 62.465.] section 182 of this act.
155-42 Sec. 347. NRS 392.2583 is hereby amended to read as
155-43 follows:
155-44 392.2583 “Sexual offense” has the meaning ascribed to it in
155-45 [NRS 62.435.] section 180 of this act.
156-1 Sec. 348. NRS 392.2587 is hereby amended to read as
156-2 follows:
156-3 392.2587 “Sexually motivated act” has the meaning ascribed to
156-4 it in [NRS 62.440.] section 33 of this act.
156-5 Sec. 349. NRS 392.264 is hereby amended to read as follows:
156-6 392.264 1. If a superintendent of a school district receives
156-7 notification and a victim identified in the notification is a pupil in
156-8 the school district, the superintendent shall not permit an offender
156-9 who is subject to the provisions of [NRS 62.405 to 62.490,] sections
156-10 180 to 185, inclusive, of this act to attend a public school that a
156-11 victim is attending unless:
156-12 (a) An alternative plan of supervision is approved by the court
156-13 pursuant to [NRS 62.475;] section 183 of this act; or
156-14 (b) An alternative plan of attendance is approved by the court
156-15 pursuant to [NRS 62.485.] section 184 of this act.
156-16 2. If the court does not approve an alternative plan of
156-17 supervision or an alternative plan of attendance for the offender and
156-18 the school district in which the offender resides does not have
156-19 another public school in the district for the offender to attend, the
156-20 superintendent of the school district shall negotiate an agreement
156-21 with:
156-22 (a) The superintendent of an adjoining school district within this
156-23 state for the offender to attend a public school in that adjoining
156-24 school district; or
156-25 (b) The superintendent, or another appropriate administrator, of
156-26 an adjoining school district in an adjoining state for the offender to
156-27 attend a public school in that adjoining school district.
156-28 3. The superintendent of the school district in which the
156-29 offender resides shall inform the person with whom he is
156-30 negotiating that the offender has been adjudicated delinquent for a
156-31 sexual offense or a sexually motivated act, but the superintendent
156-32 shall not disclose the name of a victim.
156-33 4. An agreement which is made pursuant to this section and
156-34 which is presented to a board of trustees for approval:
156-35 (a) Must not contain the name of a victim;
156-36 (b) Must comply with the provisions of subsections 2 and 3 of
156-37 NRS 392.010; and
156-38 (c) Must be approved by the Superintendent of Public
156-39 Instruction.
156-40 5. A board of trustees may terminate an agreement entered into
156-41 pursuant to this section if, because of a change in circumstances, the
156-42 offender is able to attend a public school in the school district in
156-43 which he resides without violating subsection 1.
156-44 Sec. 350. NRS 392.268 is hereby amended to read as follows:
156-45 392.268 If a school district incurs additional costs for
156-46 transporting an offender because he is prohibited from attending a
157-1 public school that a victim is attending, the school district is entitled
157-2 to reimbursement of all or part of those costs from the parents or
157-3 guardians of the offender to the extent ordered by the court pursuant
157-4 to [NRS 62.455.] section 181 of this act. The superintendent of the
157-5 school district or the parents or guardians of the offender may
157-6 petition the court to reconsider the amount of reimbursement
157-7 ordered by the court.
157-8 Sec. 351. NRS 394.163 is hereby amended to read as follows:
157-9 394.163 “Notification” means a notification which indicates
157-10 that a child has been adjudicated delinquent for a sexual offense or a
157-11 sexually motivated act and which is provided by a probation officer
157-12 or parole officer pursuant to [NRS 62.465.] section 182 of this act.
157-13 Sec. 352. NRS 394.1643 is hereby amended to read as
157-14 follows:
157-15 394.1643 “Sexual offense” has the meaning ascribed to it in
157-16 [NRS 62.435.] section 180 of this act.
157-17 Sec. 353. NRS 394.1647 is hereby amended to read as
157-18 follows:
157-19 394.1647 “Sexually motivated act” has the meaning ascribed
157-20 to it in [NRS 62.440.] section 33 of this act.
157-21 Sec. 354. NRS 394.166 is hereby amended to read as follows:
157-22 394.166 If the executive head of a private school receives
157-23 notification and a victim identified in the notification is attending a
157-24 private school under his authority, the executive head shall not
157-25 permit an offender who is subject to the provisions of [NRS 62.405
157-26 to 62.490,] sections 180 to 185, inclusive, of this act to attend the
157-27 private school that a victim is attending unless:
157-28 1. An alternative plan of supervision is approved by the court
157-29 pursuant to [NRS 62.475;] section 183 of this act; or
157-30 2. An alternative plan of attendance is approved by the court
157-31 pursuant to [NRS 62.485.] section 184 of this act.
157-32 Sec. 355. NRS 432.085 is hereby amended to read as follows:
157-33 432.085 1. The parents of a child placed in the custody of an
157-34 agency which provides child welfare services pursuant to the
157-35 provisions of NRS [62.880 or] 432.010 to 432.085, inclusive, or
157-36 chapter 432B of NRS or section 39 of this act are liable to the
157-37 agency which provides child welfare services for the cost of
157-38 maintenance and special services provided to the child.
157-39 2. The Division shall establish by regulation reasonable
157-40 schedules for the repayment of money owed by parents pursuant to
157-41 subsection 1.
157-42 3. An agency which provides child welfare services may waive
157-43 all or any part of the amount due pursuant to this section if it
157-44 determines that the parents of the child do not have the ability to pay
157-45 the amount.
158-1 4. If a parent refuses to pay an agency which provides child
158-2 welfare services for money owed under this section, the agency
158-3 which provides child welfare services may bring a civil action to
158-4 recover all money owed with interest thereon at the rate of 7 percent
158-5 per year commencing 30 days after an itemized statement of the
158-6 amount owed is submitted to the parents.
158-7 5. All money collected pursuant to this section must be
158-8 deposited:
158-9 (a) In a county whose population is less than 100,000, with the
158-10 State Treasurer for credit to the State Child Welfare Services
158-11 Account.
158-12 (b) In a county whose population is 100,000 or more, with the
158-13 county treasurer for credit to a fund or account established by the
158-14 board of county commissioners.
158-15 Sec. 356. NRS 432.140 is hereby amended to read as follows:
158-16 432.140 1. A parent or guardian of a child may request that
158-17 the child be fingerprinted by any law enforcement agency of this
158-18 state. If the law enforcement agency agrees to perform the service
158-19 and accepts payment of the same fee charged to others for this
158-20 service, if any, the law enforcement agency shall fingerprint the
158-21 child and give the fingerprint card to the parent or guardian. A law
158-22 enforcement agency which fingerprints a child under this section
158-23 shall not retain a fingerprint card or any other copy of the child’s
158-24 fingerprints prepared pursuant to this section.
158-25 2. The fingerprint card must include in a conspicuous place on
158-26 the card a statement that the card may be used for identification
158-27 purposes only and may not be used in any juvenile or criminal
158-28 investigation or proceeding conducted against the child.
158-29 3. A fingerprint card prepared pursuant to this section may be
158-30 used by a law enforcement agency only to help identify a child who
158-31 is lost, kidnapped or killed. The card may not be used by anyone in
158-32 any investigation or proceeding conducted against the child under
158-33 [chapter 62] title 5 of NRS or under the criminal laws of this state.
158-34 4. Any other person, firm or corporation that fingerprints
158-35 children for identification purposes shall take the fingerprints in a
158-36 manner which meets the standards set by the Federal Bureau of
158-37 Investigation as those standards exist on July 1, 1983.
158-38 Sec. 357. NRS 432B.020 is hereby amended to read as
158-39 follows:
158-40 432B.020 1. “Abuse or neglect of a child” means, except as
158-41 otherwise provided in subsection 2:
158-42 (a) Physical or mental injury of a nonaccidental nature;
158-43 (b) Sexual abuse or sexual exploitation; or
158-44 (c) Negligent treatment or maltreatment as set forth in
158-45 NRS 432B.140,
159-1 of a child caused or allowed by a person responsible for his welfare
159-2 under circumstances which indicate that the child’s health or welfare
159-3 is harmed or threatened with harm.
159-4 2. A child is not abused or neglected, nor is his health or
159-5 welfare harmed or threatened for the sole reason that his:
159-6 (a) Parent delivers the child to a provider of emergency services
159-7 pursuant to NRS 432B.630, if the parent complies with the
159-8 requirements of paragraph (a) of subsection 3 of that section; or
159-9 (b) Parent or guardian, in good faith, selects and depends upon
159-10 nonmedical remedial treatment for such child, if such treatment is
159-11 recognized and permitted under the laws of this state in lieu of
159-12 medical treatment. This paragraph does not limit the court in
159-13 ensuring that a child receive a medical examination and treatment
159-14 pursuant to [NRS 62.231.] section 143 of this act.
159-15 3. As used in this section, “allow” means to do nothing to
159-16 prevent or stop the abuse or neglect of a child in circumstances
159-17 where the person knows or has reason to know that a child is abused
159-18 or neglected.
159-19 Sec. 358. NRS 432B.050 is hereby amended to read as
159-20 follows:
159-21 432B.050 “Court” [means:
159-22 1. In any judicial district that includes a county whose
159-23 population is 100,000 or more, the family division of the district
159-24 court; or
159-25 2. In any other judicial district, the juvenile division of the
159-26 district court.] has the meaning ascribed to it in section 19 of this
159-27 act.
159-28 Sec. 359. NRS 432B.425 is hereby amended to read as
159-29 follows:
159-30 432B.425 If proceedings pursuant to this chapter involve the
159-31 protection of an Indian child, the court shall:
159-32 1. Cause the Indian child’s tribe to be notified in writing at the
159-33 beginning of the proceedings in the manner provided in the Indian
159-34 Child Welfare Act. If the Indian child is eligible for membership in
159-35 more than one tribe, each tribe must be notified.
159-36 2. Transfer the proceedings to the Indian child’s tribe in
159-37 accordance with the Indian Child Welfare Act.
159-38 3. If a tribe declines or is unable to exercise jurisdiction,
159-39 exercise its jurisdiction as provided in the Indian Child Welfare Act.
159-40 Sec. 360. NRS 435.081 is hereby amended to read as follows:
159-41 435.081 1. The Administrator or his designee may receive a
159-42 mentally retarded person or person with a related condition of this
159-43 state for services in a facility operated by the Division if:
159-44 (a) The person is mentally retarded as defined in NRS 433.174
159-45 or is a person with a related condition and is in need of institutional
159-46 training and treatment;
160-1 (b) Space is available which is designed and equipped to provide
160-2 appropriate care for the person;
160-3 (c) The facility has or can provide an appropriate program of
160-4 training and treatment for the person; and
160-5 (d) There is written evidence that no less restrictive alternative is
160-6 available in his community.
160-7 2. A mentally retarded person or person with a related
160-8 condition may be accepted at a division facility for emergency
160-9 evaluation when the evaluation is requested by a court. A person
160-10 must not be retained pursuant to this subsection for more than 10
160-11 working days.
160-12 3. A court may order that a mentally retarded person or person
160-13 with a related condition be admitted to a division facility if it finds
160-14 that admission is necessary because of the death or sudden disability
160-15 of the parent or guardian of the person. The person must not be
160-16 retained pursuant to this subsection for more than 45 days. Before
160-17 the expiration of the 45-day period the Division shall report to the
160-18 court its recommendations for placement or treatment of the person.
160-19 If less restrictive alternatives are not available, the person may be
160-20 admitted to the facility using the procedures for voluntary or
160-21 involuntary admission, as appropriate.
160-22 4. A child may be received, cared for and examined at a
160-23 division facility for the mentally retarded for not more than 10
160-24 working days without admission, if the examination is ordered by a
160-25 court having jurisdiction of the minor in accordance with the
160-26 provisions of [paragraph (c) of subsection 1 of NRS 62.211 and]
160-27 subsection 1 of NRS 432B.560[.] and section 143 of this act. At
160-28 the end of the 10 days, the Administrator or his designee shall report
160-29 the result of the examination to the court and shall detain the child
160-30 until the further order of the court, but not to exceed 7 days after the
160-31 Administrator’s report.
160-32 5. The parent or guardian of a person believed to be mentally
160-33 retarded or believed to have a related condition may apply to the
160-34 administrative officer of a division facility to have the person
160-35 evaluated by personnel of the Division who are experienced in the
160-36 diagnosis of mental retardation and related conditions. The
160-37 administrative officer may accept the person for evaluation without
160-38 admission.
160-39 6. If, after the completion of an examination or evaluation
160-40 pursuant to subsection 4 or 5, the administrative officer finds that
160-41 the person meets the criteria set forth in subsection 1, the person
160-42 may be admitted to the facility using the procedures for voluntary or
160-43 involuntary admission, as appropriate.
160-44 7. If, at any time, the parent or guardian of a person admitted to
160-45 a division facility on a voluntary basis, or the person himself if he
160-46 has attained the age of 18 years, requests in writing that the person
161-1 be discharged, the administrative officer shall discharge the person.
161-2 If the administrative officer finds that discharge from the facility is
161-3 not in the person’s best interests, he may initiate proceedings for
161-4 involuntary admission, but the person must be discharged pending
161-5 those proceedings.
161-6 Sec. 361. NRS 441A.320 is hereby amended to read as
161-7 follows:
161-8 441A.320 1. As soon as practicable after:
161-9 (a) A person is arrested for the commission of a crime; or
161-10 (b) A minor is detained for the commission of an act which, if
161-11 committed by a person other than a minor would [constitute] have
161-12 constituted a crime,
161-13 which the victim or a witness alleges involved the sexual
161-14 penetration of the victim’s body, the health authority shall test a
161-15 specimen obtained from the arrested person or detained minor for
161-16 exposure to the human immunodeficiency virus and any commonly
161-17 contracted sexually transmitted disease, regardless of whether he or,
161-18 if a detained minor, his parent or guardian consents to providing the
161-19 specimen. The agency that has custody of the arrested person or
161-20 detained minor shall obtain the specimen and submit it to the health
161-21 authority for testing. The health authority shall perform the test in
161-22 accordance with generally accepted medical practices.
161-23 2. The health authority shall disclose the results of all tests
161-24 performed pursuant to subsection 1 to:
161-25 (a) The victim or to the victim’s parent or guardian if the victim
161-26 is a minor; and
161-27 (b) The arrested person and, if a minor is detained, to his parent
161-28 or guardian.
161-29 3. If the health authority determines, from the results of a test
161-30 performed pursuant to subsection 1, that a victim of sexual assault
161-31 may have been exposed to the human immunodeficiency virus or
161-32 any commonly contracted sexually transmitted disease, it shall, at
161-33 the request of the victim, provide him with:
161-34 (a) An examination for exposure to the human
161-35 immunodeficiency virus and any commonly contracted sexually
161-36 transmitted disease to which the health authority determines he may
161-37 have been exposed;
161-38 (b) Counseling regarding the human immunodeficiency virus
161-39 and any commonly contracted sexually transmitted disease to which
161-40 the health authority determines he may have been exposed; and
161-41 (c) A referral for health care and other assistance,
161-42 as appropriate.
161-43 4. If the court in:
161-44 (a) A criminal proceeding determines that a person has
161-45 committed a crime; or
162-1 (b) A proceeding conducted pursuant to [chapter 62] title 5 of
162-2 NRS determines that a minor has committed an act which, if
162-3 committed by a person other than a minor , would [constitute] have
162-4 constituted a crime,
162-5 involving the sexual penetration of a victim’s body, the court shall,
162-6 upon application by the health authority, order that minor or other
162-7 person to pay any expenses incurred in carrying out this section with
162-8 regard to that minor or other person and that victim.
162-9 5. The Board shall adopt regulations identifying, for the
162-10 purposes of this section, sexually transmitted diseases which are
162-11 commonly contracted.
162-12 6. As used in this section:
162-13 (a) “Sexual assault” means a violation of NRS 200.366.
162-14 (b) “Sexual penetration” has the meaning ascribed to it in
162-15 NRS 200.364.
162-16 Sec. 362. NRS 444.330 is hereby amended to read as follows:
162-17 444.330 1. The Health Division has supervision over the
162-18 sanitation, healthfulness, cleanliness and safety, as it pertains to the
162-19 foregoing matters, of the following state institutions:
162-20 (a) Institutions and facilities of the Department of Corrections.
162-21 (b) Northern Nevada Adult Mental Health Services.
162-22 (c) Nevada Youth Training Center , [.
162-23 (d)] Caliente Youth Center[.
162-24 (e)] and any other state facility for the detention of children
162-25 that is operated pursuant to title 5 of NRS.
162-26 (d) Northern Nevada Children’s Home.
162-27 [(f)] (e) Southern Nevada Children’s Home.
162-28 [(g)] (f) University and Community College System of Nevada.
162-29 2. The State Board of Health may adopt regulations pertaining
162-30 thereto as are necessary to promote properly the sanitation,
162-31 healthfulness, cleanliness and, as it pertains to the foregoing matters,
162-32 the safety of those institutions.
162-33 3. The State Health Officer or his authorized agent shall inspect
162-34 those institutions at least once each calendar year and whenever he
162-35 deems an inspection necessary to carry out the provisions of this
162-36 section.
162-37 4. The State Health Officer may publish reports of the
162-38 inspections.
162-39 5. All persons charged with the duty of maintenance and
162-40 operation of the institutions named in this section shall operate the
162-41 institutions in conformity with the regulations adopted by the State
162-42 Board of Health pursuant to subsection 2.
162-43 6. The State Health Officer or his authorized agent may, in
162-44 carrying out the provisions of this section, enter upon any part of the
162-45 premises of any of the institutions named in this section over which
162-46 he has jurisdiction, to determine the sanitary conditions of the
163-1 institutions and to determine whether the provisions of this section
163-2 and the regulations of the State Board of Health pertaining thereto
163-3 are being violated.
163-4 Sec. 363. NRS 483.250 is hereby amended to read as follows:
163-5 483.250 The Department shall not issue any license pursuant to
163-6 the provisions of NRS 483.010 to 483.630, inclusive:
163-7 1. To any person who is under the age of 18 years, except that
163-8 the Department may issue:
163-9 (a) A restricted license to a person between the ages of 14 and
163-10 18 years pursuant to the provisions of NRS 483.267 and 483.270.
163-11 (b) An instruction permit to a person who is at least 15 1/2 years
163-12 of age pursuant to the provisions of subsection 1 of NRS 483.280.
163-13 (c) A restricted instruction permit to a person under the age of
163-14 18 years pursuant to the provisions of subsection 3 of NRS 483.280.
163-15 (d) Except as otherwise provided in paragraph (e), a license to a
163-16 person between the ages of 15 3/4 and 18 years if:
163-17 (1) He has completed a course:
163-18 (I) In automobile driver education pursuant to NRS
163-19 389.090; or
163-20 (II) Provided by a school for training drivers licensed
163-21 pursuant to NRS 483.700 to 483.780, inclusive, if the course
163-22 complies with the applicable regulations governing the
163-23 establishment, conduct and scope of automobile driver education
163-24 adopted by the State Board of Education pursuant to NRS 389.090;
163-25 (2) He has at least 50 hours of experience in driving a motor
163-26 vehicle with a restricted license, instruction permit or restricted
163-27 instruction permit issued pursuant to NRS 483.267, 483.270 or
163-28 483.280;
163-29 (3) His parent or legal guardian signs and submits to the
163-30 Department a form provided by the Department which attests that
163-31 the person who wishes to obtain the license has completed the
163-32 training and experience required by subparagraphs (1) and (2); and
163-33 (4) He has held an instruction permit for at least:
163-34 (I) Ninety days before he applies for the license, if he was
163-35 under the age of 16 years at the time he obtained the instruction
163-36 permit;
163-37 (II) Sixty days before he applies for the license, if he was
163-38 at least 16 years of age but less than 17 years of age at the time he
163-39 obtained the instruction permit; or
163-40 (III) Thirty days before he applies for the license, if he
163-41 was at least 17 years of age but less than 18 years of age at the time
163-42 he obtained the instruction permit.
163-43 (e) A license to a person who is between the ages of 15 3/4 and
163-44 18 years if:
164-1 (1) The public school in which he is enrolled is located in a
164-2 county whose population is less than 50,000 or in a city or town
164-3 whose population is less than 25,000;
164-4 (2) The public school does not offer automobile driver
164-5 education;
164-6 (3) He has at least 50 hours of experience in driving a motor
164-7 vehicle with a restricted license, instruction permit or restricted
164-8 instruction permit issued pursuant to NRS 483.267, 483.270 or
164-9 483.280;
164-10 (4) His parent or legal guardian signs and submits to the
164-11 Department a form provided by the Department which attests that
164-12 the person who wishes to obtain the license has completed the
164-13 experience required by subparagraph (3); and
164-14 (5) He has held an instruction permit for at least:
164-15 (I) Ninety days before he applies for the license, if he was
164-16 under the age of 16 years at the time he obtained the instruction
164-17 permit;
164-18 (II) Sixty days before he applies for the license, if he was
164-19 at least 16 years of age but less than 17 years of age at the time he
164-20 obtained the instruction permit; or
164-21 (III) Thirty days before he applies for the license, if he
164-22 was at least 17 years of age but less than 18 years of age at the time
164-23 he obtained the instruction permit.
164-24 2. To any person whose license has been revoked until the
164-25 expiration of the period during which he is not eligible for a license.
164-26 3. To any person whose license has been suspended, but upon
164-27 good cause shown to the Administrator, the Department may issue a
164-28 restricted license to him or shorten any period of suspension.
164-29 4. To any person who has previously been adjudged to be
164-30 afflicted with or suffering from any mental disability or disease and
164-31 who has not at the time of application been restored to legal
164-32 capacity.
164-33 5. To any person who is required by NRS 483.010 to 483.630,
164-34 inclusive, to take an examination, unless he has successfully passed
164-35 the examination.
164-36 6. To any person when the Administrator has good cause to
164-37 believe that by reason of physical or mental disability that person
164-38 would not be able to operate a motor vehicle safely.
164-39 7. To any person who is not a resident of this state.
164-40 8. To any child who is the subject of a court order issued
164-41 pursuant to [paragraph (h) of subsection 1 of NRS 62.211, NRS
164-42 62.2255, 62.226 or 62.228] title 5 of NRS which delays his privilege
164-43 to drive.
164-44 9. To any person who is the subject of a court order issued
164-45 pursuant to NRS 206.330 which suspends or delays his privilege to
164-46 drive until the expiration of the period of suspension or delay.
165-1 Sec. 364. NRS 483.450 is hereby amended to read as follows:
165-2 483.450 1. Whenever any person is convicted of any offense
165-3 for which the provisions of NRS 483.010 to 483.630, inclusive,
165-4 make mandatory the revocation of his driver’s license by the
165-5 Department, the court in which the person is convicted may require
165-6 the surrender to it of all driver’s licenses then held by the person
165-7 convicted, and the court may, within 20 days after the conviction,
165-8 forward these licenses, together with a record of the conviction, to
165-9 the Department.
165-10 2. A record of conviction must be made in a manner approved
165-11 by the Department. The court shall provide sufficient information to
165-12 allow the Department to include accurately the information
165-13 regarding the conviction in the driver’s record. The record of
165-14 conviction from the court must include at least the name and address
165-15 of the person convicted, the number of his driver’s license, his social
165-16 security number, the registration number of the vehicle involved, the
165-17 date the citation was issued or the arrest was made, the number of
165-18 the citation and the date and final disposition of the citation.
165-19 3. Every court, including a juvenile court, having jurisdiction
165-20 over violations of the provisions of NRS 483.010 to 483.630,
165-21 inclusive, or any other law of this state or municipal ordinance
165-22 regulating the operation of motor vehicles on highways, shall
165-23 forward to the Department:
165-24 (a) If the court is other than a juvenile court, a record of the
165-25 conviction of any person in that court for a violation of any such
165-26 laws other than regulations governing standing or parking; or
165-27 (b) If the court is a juvenile court, a record of any finding that a
165-28 child has violated a traffic law or ordinance other than one
165-29 governing standing or parking,
165-30 within 20 days after the conviction or finding, and may recommend
165-31 the suspension of the driver’s license of the person convicted or
165-32 child found in violation of a traffic law or ordinance.
165-33 4. For the purposes of NRS 483.010 to 483.630, inclusive:
165-34 (a) “Conviction” means a final conviction, and includes a
165-35 finding by a juvenile court pursuant to [NRS 62.221.] section 161 of
165-36 this act.
165-37 (b) A forfeiture of bail or collateral deposited to secure a
165-38 defendant’s appearance in court, if the forfeiture has not been
165-39 vacated, is equivalent to a conviction.
165-40 5. The necessary expenses of mailing licenses and records of
165-41 conviction to the Department as required by subsections 1 and 3
165-42 must be paid by the court charged with the duty of forwarding those
165-43 licenses and records of conviction.
165-44 Sec. 365. NRS 483.460 is hereby amended to read as follows:
165-45 483.460 1. Except as otherwise provided by specific statute,
165-46 the Department shall revoke the license, permit or privilege of any
166-1 driver upon receiving a record of his conviction of any of the
166-2 following offenses, when that conviction has become final, and
166-3 the driver is not eligible for a license, permit or privilege to drive for
166-4 the period indicated:
166-5 (a) For a period of 3 years if the offense is:
166-6 (1) A violation of subsection 2 of NRS 484.377.
166-7 (2) A third or subsequent violation within 7 years of
166-8 NRS 484.379.
166-9 (3) A violation of NRS 484.3795 or a homicide resulting
166-10 from driving or being in actual physical control of a vehicle while
166-11 under the influence of intoxicating liquor or a controlled substance
166-12 or resulting from any other conduct prohibited by NRS 484.379 or
166-13 484.3795.
166-14 The period during which such a driver is not eligible for a license,
166-15 permit or privilege to drive must be set aside during any period of
166-16 imprisonment and the period of revocation must resume upon
166-17 completion of the period of imprisonment or when the person is
166-18 placed on residential confinement.
166-19 (b) For a period of 1 year if the offense is:
166-20 (1) Any other manslaughter resulting from the driving of a
166-21 motor vehicle or felony in the commission of which a motor vehicle
166-22 is used, including the unlawful taking of a motor vehicle.
166-23 (2) Failure to stop and render aid as required pursuant to the
166-24 laws of this state in the event of a motor vehicle accident resulting in
166-25 the death or bodily injury of another.
166-26 (3) Perjury or the making of a false affidavit or statement
166-27 under oath to the Department pursuant to NRS 483.010 to 483.630,
166-28 inclusive, or pursuant to any other law relating to the ownership or
166-29 driving of motor vehicles.
166-30 (4) Conviction, or forfeiture of bail not vacated, upon three
166-31 charges of reckless driving committed within a period of 12 months.
166-32 (5) A second violation within 7 years of NRS 484.379 and
166-33 the driver is not eligible for a restricted license during any of that
166-34 period.
166-35 (6) A violation of NRS 484.348.
166-36 (c) For a period of 90 days, if the offense is a first violation
166-37 within 7 years of NRS 484.379.
166-38 2. The Department shall revoke the license, permit or privilege
166-39 of a driver convicted of violating NRS 484.379 who fails to
166-40 complete the educational course on the use of alcohol and controlled
166-41 substances within the time ordered by the court and shall add a
166-42 period of 90 days during which the driver is not eligible for a
166-43 license, permit or privilege to drive.
166-44 3. When the Department is notified by a court that a person
166-45 who has been convicted of a first violation within 7 years of NRS
166-46 484.379 has been permitted to enter a program of treatment pursuant
167-1 to NRS 484.37937, the Department shall reduce by one-half the
167-2 period during which he is not eligible for a license, permit or
167-3 privilege to drive, but shall restore that reduction in time if notified
167-4 that he was not accepted for or failed to complete the treatment.
167-5 4. The Department shall revoke the license, permit or privilege
167-6 to drive of a person who is required to install a device pursuant to
167-7 NRS 484.3943 but who operates a motor vehicle without such a
167-8 device:
167-9 (a) For 3 years, if it is his first such offense during the period of
167-10 required use of the device.
167-11 (b) For 5 years, if it is his second such offense during the period
167-12 of required use of the device.
167-13 5. A driver whose license, permit or privilege is revoked
167-14 pursuant to subsection 4 is not eligible for a restricted license during
167-15 the period set forth in paragraph (a) or (b) of that subsection,
167-16 whichever applies.
167-17 6. In addition to any other requirements set forth by specific
167-18 statute, if the Department is notified that a court has ordered the
167-19 revocation, suspension or delay in the issuance of a license pursuant
167-20 to [chapter 62] title 5 of NRS, NRS 176.064 or 206.330, chapter 484
167-21 of NRS or any other provision of law, the Department shall take
167-22 such actions as are necessary to carry out the court’s order.
167-23 7. As used in this section, “device” has the meaning ascribed to
167-24 it in NRS 484.3941.
167-25 Sec. 366. NRS 483.461 is hereby amended to read as follows:
167-26 483.461 1. If the result of a test given pursuant to NRS
167-27 484.382 or 484.383 shows that a person less than 21 years of age
167-28 had a concentration of alcohol of 0.02 or more but less than 0.10 in
167-29 his blood or breath at the time of the test, his license, permit or
167-30 privilege to drive must be suspended for a period of 90 days.
167-31 2. If a revocation or suspension of a person’s license, permit or
167-32 privilege to drive for a violation of NRS [62.227,] 484.379 or
167-33 484.3795 or section 172 of this act follows a suspension ordered
167-34 pursuant to subsection 1, the Department shall:
167-35 (a) Cancel the suspension ordered pursuant to subsection 1; and
167-36 (b) Give the person credit toward the period of revocation or
167-37 suspension ordered pursuant to NRS [62.227,] 484.379 or 484.3795,
167-38 or section 172 of this act, whichever is applicable, for any period
167-39 during which the person’s license, permit or privilege to drive was
167-40 suspended pursuant to subsection 1.
167-41 3. This section does not preclude:
167-42 (a) The prosecution of a person for a violation of any other
167-43 provision of law; or
167-44 (b) The suspension or revocation of a person’s license, permit or
167-45 privilege to drive pursuant to any other provision of law.
168-1 Sec. 367. NRS 483.490 is hereby amended to read as follows:
168-2 483.490 1. Except as otherwise provided in this section, after
168-3 a driver’s license has been suspended or revoked for an offense
168-4 other than a second violation within 7 years of NRS 484.379 and
168-5 one-half of the period during which the driver is not eligible for a
168-6 license has expired, the Department may, unless the statute
168-7 authorizing the suspension prohibits the issuance of a restricted
168-8 license, issue a restricted driver’s license to an applicant permitting
168-9 the applicant to drive a motor vehicle:
168-10 (a) To and from work or in the course of his work, or both; or
168-11 (b) To acquire supplies of medicine or food or receive regularly
168-12 scheduled medical care for himself or a member of his immediate
168-13 family.
168-14 Before a restricted license may be issued, the applicant must submit
168-15 sufficient documentary evidence to satisfy the Department that a
168-16 severe hardship exists because the applicant has no alternative
168-17 means of transportation and that the severe hardship outweighs the
168-18 risk to the public if he is issued a restricted license.
168-19 2. A person who has been ordered to install a device in a motor
168-20 vehicle pursuant to NRS 484.3943:
168-21 (a) Shall install the device not later than 21 days after the date
168-22 on which the order was issued; and
168-23 (b) May not receive a restricted license pursuant to this section
168-24 until:
168-25 (1) After at least 1 year of the period during which he is not
168-26 eligible for a license, if he was convicted of:
168-27 (I) A violation of NRS 484.3795 or a homicide resulting
168-28 from driving or being in actual physical control of a vehicle while
168-29 under the influence of intoxicating liquor or a controlled substance
168-30 or resulting from any other conduct prohibited by NRS 484.379 or
168-31 484.3795; or
168-32 (II) A third or subsequent violation within 7 years of
168-33 NRS 484.379;
168-34 (2) After at least 180 days of the period during which he is
168-35 not eligible for a license, if he was convicted of a violation of
168-36 subsection 2 of NRS 484.377; or
168-37 (3) After at least 45 days of the period during which he is not
168-38 eligible for a license, if he was convicted of a first violation within 7
168-39 years of NRS 484.379.
168-40 3. If the Department has received a copy of an order requiring a
168-41 person to install a device in a motor vehicle pursuant to NRS
168-42 484.3943, the Department shall not issue a restricted driver’s license
168-43 to such a person pursuant to this section unless the applicant has
168-44 submitted proof of compliance with the order and subsection 2.
168-45 4. After a driver’s license has been revoked [pursuant to
168-46 subsection 1 of NRS 62.227] or suspended pursuant to [paragraph
169-1 (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or
169-2 62.228,] title 5 of NRS, the Department may issue a restricted
169-3 driver’s license to an applicant permitting the applicant to drive a
169-4 motor vehicle:
169-5 (a) If applicable, to and from work or in the course of his work,
169-6 or both; and
169-7 (b) If applicable, to and from school.
169-8 5. After a driver’s license has been suspended pursuant to NRS
169-9 483.443, the Department may issue a restricted driver’s license to an
169-10 applicant permitting the applicant to drive a motor vehicle:
169-11 (a) If applicable, to and from work or in the course of his work,
169-12 or both;
169-13 (b) To receive regularly scheduled medical care for himself or a
169-14 member of his immediate family; and
169-15 (c) If applicable, as necessary to exercise a court-ordered right to
169-16 visit a child.
169-17 6. A driver who violates a condition of a restricted license
169-18 issued pursuant to subsection 1 or by another jurisdiction is guilty of
169-19 a misdemeanor and, if the license of the driver was suspended or
169-20 revoked for:
169-21 (a) A violation of NRS 484.379, 484.3795 or 484.384;
169-22 (b) A homicide resulting from driving or being in actual
169-23 physical control of a vehicle while under the influence of
169-24 intoxicating liquor or a controlled substance or resulting from any
169-25 other conduct prohibited by NRS 484.379 or 484.3795; or
169-26 (c) A violation of a law of any other jurisdiction that prohibits
169-27 the same or similar conduct as set forth in paragraph (a)
169-28 or (b),
169-29 the driver shall be punished in the manner provided pursuant to
169-30 subsection 2 of NRS 483.560.
169-31 7. The periods of suspensions and revocations required
169-32 pursuant to this chapter and NRS 484.384 must run consecutively,
169-33 except as otherwise provided in NRS 483.465 and 483.475, when
169-34 the suspensions must run concurrently.
169-35 8. Whenever the Department suspends or revokes a license, the
169-36 period of suspension, or of ineligibility for a license after the
169-37 revocation, begins upon the effective date of the revocation or
169-38 suspension as contained in the notice thereof.
169-39 Sec. 368. NRS 483.495 is hereby amended to read as follows:
169-40 483.495 The Department shall by regulation:
169-41 1. Except as otherwise provided in [paragraph (h) of subsection
169-42 1 of NRS 62.211, and NRS 62.2263 and 62.227,] title 5 of NRS, set
169-43 forth any tests and other requirements which are a condition for the
169-44 reinstatement of a license after any suspension, revocation,
169-45 cancellation or voluntary surrender of the license. The tests and
169-46 requirements:
170-1 (a) Must provide for a fair evaluation of a person’s ability to
170-2 operate a motor vehicle; and
170-3 (b) May allow for the waiver of certain tests or requirements as
170-4 the Department deems necessary.
170-5 2. Set forth the circumstances under which the Administrator
170-6 may, for good cause shown, rescind the revocation, suspension or
170-7 cancellation of a license, or shorten the period for the suspension of
170-8 a license.
170-9 Sec. 369. NRS 483.580 is hereby amended to read as follows:
170-10 483.580 A person shall not cause or knowingly permit his child
170-11 or ward under the age of 18 years to drive a motor vehicle upon any
170-12 highway when the minor is not authorized under the provisions of
170-13 NRS 483.010 to 483.630, inclusive, or is in violation of any of the
170-14 provisions of NRS 483.010 to 483.630, inclusive, or if his license is
170-15 revoked or suspended pursuant to [paragraph (h) of subsection 1 of
170-16 NRS 62.211, NRS 62.224, 62.2255, 62.226, 62.227 or 62.228.] title
170-17 5 of NRS.
170-18 Sec. 370. NRS 484.384 is hereby amended to read as follows:
170-19 484.384 1. If the result of a test given under NRS 484.382 or
170-20 484.383 shows that a person had a concentration of alcohol of 0.10
170-21 or more in his blood or breath at the time of the test, his license,
170-22 permit or privilege to drive must be revoked as provided in NRS
170-23 484.385 and he is not eligible for a license, permit or privilege for a
170-24 period of 90 days.
170-25 2. If a revocation of a person’s license, permit or privilege to
170-26 drive under NRS [62.227 or] 483.460 or section 172 of this act
170-27 follows a revocation under subsection 1 which was based on his
170-28 having a concentration of alcohol of 0.10 or more in his blood or
170-29 breath, the Department shall cancel the revocation under that
170-30 subsection and give the person credit for any period during which he
170-31 was not eligible for a license, permit or privilege.
170-32 3. Periods of ineligibility for a license, permit or privilege to
170-33 drive which are imposed pursuant to this section must run
170-34 consecutively.
170-35 Sec. 371. NRS 502.012 is hereby amended to read as follows:
170-36 502.012 Upon receipt of a copy of an order of the juvenile
170-37 [division of a district] court, entered pursuant to [NRS 62.229,]
170-38 section 174 of this act, to revoke the license to hunt of a child, the
170-39 Division shall revoke the license. The revocation of the license to
170-40 hunt shall be deemed effective as of the date of the order. The
170-41 Division shall retain the copy of the order.
170-42 Sec. 372. NRS 502.077 is hereby amended to read as follows:
170-43 502.077 1. The Division shall issue special fishing permits to
170-44 the administrative head of:
170-45 (a) Northern Nevada Adult Mental Health Services;
170-46 (b) Southern Nevada Adult Mental Health Services;
171-1 (c) The Northern Nevada Children’s Home;
171-2 (d) The Southern Nevada Children’s Home;
171-3 (e) The Nevada Youth Training Center[;
171-4 (f) The] , the Caliente Youth Center[;
171-5 (g)] and any other state facility for the detention of children
171-6 that is operated pursuant to title 5 of NRS;
171-7 (f) The Spring Mountain Youth Camp;
171-8 [(h)] (g) The China Spring Youth Camp;
171-9 [(i)] (h) Any facility which provides temporary foster care for
171-10 children who are not delinquent; and
171-11 [(j)] (i) Such other public or charitable institutions or
171-12 organizations as are designated by regulations adopted by the
171-13 Commission,
171-14 for use only by the members, patients or children of such institutions
171-15 or organizations.
171-16 2. The permits:
171-17 (a) Must be in the possession of the officer or employee who is
171-18 supervising a member, patient or child while he is fishing.
171-19 (b) Authorize a member, patient or child to fish in a legal
171-20 manner if in the company of an officer or employee of one of the
171-21 institutions listed in this section, or of an organization provided for
171-22 by regulation, if the officer or employee has a valid Nevada fishing
171-23 license.
171-24 (c) Must be issued pursuant and subject to regulations
171-25 prescribed by the Commission.
171-26 (d) Must contain the words “Nevada Special Fishing Permit”
171-27 and the number of the permit printed on the face of the permit.
171-28 (e) May authorize no more than 15 members, patients or
171-29 children, respectively, to fish.
171-30 3. Each institution or organization shall pay to the Division an
171-31 annual fee of $15 for each permit issued to the institution or
171-32 organization pursuant to this section. The Division shall not issue
171-33 more than two permits per year to each institution or organization.
171-34 4. It is unlawful for any person other than a member, patient or
171-35 child in one of these organizations or institutions to fish with a
171-36 permit issued by the Division pursuant to this section.
171-37 Sec. 373. NRS 609.250 is hereby amended to read as follows:
171-38 609.250 Except for employment as a performer in a motion
171-39 picture, it is unlawful for any person to employ any child under 14
171-40 years of age in any business or service during the hours in which the
171-41 public schools of the school district in which the child resides are in
171-42 session, unless the child has been excused from attendance by the
171-43 school district or by order of the juvenile [division or family
171-44 division of the district] court for the purpose of employment.
172-1 Sec. 374. NRS 616A.195 is hereby amended to read as
172-2 follows:
172-3 616A.195 Any person:
172-4 1. Less than 18 years of age who is subject to the jurisdiction
172-5 of the juvenile [division of the district] court and who has been
172-6 ordered by the court to perform community service, upon
172-7 compliance by the supervising authority; or
172-8 2. Eighteen years of age or older who has been ordered by any
172-9 court to perform community service pursuant to NRS 176.087, upon
172-10 compliance by the convicted person or the supervising
172-11 authority,
172-12 while engaged in that work, shall be deemed, for the purpose of
172-13 chapters 616A to 616D, inclusive, of NRS, an employee of the
172-14 supervising authority at a wage of $50 per month, and is entitled to
172-15 the benefits of those chapters.
172-16 Sec. 375. 1. To the extent that the statutory provisions
172-17 enacted by this act are substantially the same as the statutory
172-18 provisions repealed by this act, the statutory provisions enacted by
172-19 this act must be construed as being substituted in a continuing way
172-20 for the statutory provisions repealed by this act.
172-21 2. Except as otherwise provided in subsection 3, if a person is
172-22 subject to the jurisdiction of the juvenile court on or after January 1,
172-23 2004, the proceedings with regard to that person must be conducted
172-24 in accordance with the provisions of this act, whether or not the
172-25 person committed an unlawful act before January 1, 2004, or
172-26 otherwise became subject to the jurisdiction of the juvenile court
172-27 before January 1, 2004.
172-28 3. If, based on the requirements of the Nevada Constitution or
172-29 the Constitution of the United States, the proceedings with regard to
172-30 a person who committed an unlawful act before January 1, 2004, or
172-31 who otherwise became subject to the jurisdiction of the juvenile
172-32 court before January 1, 2004, cannot be conducted in accordance
172-33 with the provisions of this act, the proceedings with regard to that
172-34 person must be conducted as if the statutory provisions repealed by
172-35 this act had not been repealed.
172-36 Sec. 376. 1. To the extent that any statutory provision is
172-37 repealed by this act, that repeal does not affect, modify or abrogate
172-38 any right, remedy, duty, obligation, requirement, assessment, fine,
172-39 forfeiture, penalty, liability, action, prosecution, proceeding,
172-40 adjudication, disposition, order, judgment, regulation, contract, act
172-41 or transaction that was in existence, had been instituted, imposed,
172-42 taken, executed, entered or adopted, or had otherwise accrued or
172-43 occurred before January 1, 2004.
172-44 2. To the extent that any statutory provision is repealed by this
172-45 act, that repeal does not revive any other statutory provision that
172-46 was repealed before January 1, 2004.
173-1 Sec. 377. The provisions of this act do not repeal or otherwise
173-2 affect, modify or abrogate:
173-3 1. Any statute enacting a special, local or temporary law.
173-4 2. Any statute, ordinance or resolution making an
173-5 appropriation.
173-6 3. Any statute, ordinance or resolution affecting any bond issue
173-7 or by which any bond issue may have been authorized.
173-8 4. The running of any statute of limitations in force on
173-9 January 1, 2004.
173-10 5. The continued existence or operation of any state or local
173-11 department, agency or office legally established or held on or before
173-12 January 1, 2004.
173-13 6. Any bond of any public officer.
173-14 7. Any taxes, fees, assessments or other charges legally
173-15 incurred, imposed or collected before January 1, 2004.
173-16 8. Any regulation, ordinance or resolution that does not
173-17 conflict with the provisions of this act.
173-18 Sec. 378. 1. Except as otherwise provided in this section, the
173-19 provisions of this act do not repeal or otherwise affect, modify or
173-20 abrogate any statute authorizing, ratifying, confirming, approving or
173-21 accepting any compact or contract with the United States, another
173-22 state or any agency or instrumentality of the United States or
173-23 another state.
173-24 2. The repeal of the provisions of NRS 214.010 to 214.060,
173-25 inclusive, is intended for the purposes of reenactment and
173-26 codification only, and the repeal of the provisions of NRS 214.010
173-27 to 214.060, inclusive, does not affect, modify or abrogate the
173-28 Interstate Compact on Juveniles.
173-29 Sec. 379. 1. If any bill passed by the 72nd Session of the
173-30 Nevada Legislature adds a new statutory provision to chapter 62 or
173-31 210 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 214 of
173-32 NRS, the new statutory provision shall be deemed to be saved, and
173-33 the new statutory provision remains in effect in accordance with the
173-34 terms of the bill and must be incorporated into the provisions of title
173-35 5 of NRS, as amended by the provisions of this act. The Legislative
173-36 Counsel shall codify the new statutory provision in the appropriate
173-37 chapter in title 5 of NRS, as amended by the provisions of this act.
173-38 2. If any bill passed by the 72nd Session of the Nevada
173-39 Legislature amends a statutory provision of chapter 62 or 210 of
173-40 NRS, NRS 213.220 to 213.290, inclusive, or chapter 214 of NRS
173-41 that is repealed by the provisions of this act, the amendment shall be
173-42 deemed to be saved, and the amendment remains in effect in
173-43 accordance with the terms of the bill and must be incorporated into
173-44 the provisions of title 5 of NRS, as amended by the provisions of
173-45 this act. The Legislative Counsel shall codify the amendment in the
174-1 appropriate chapter in title 5 of NRS, as amended by the provisions
174-2 of this act.
174-3 Sec. 380. 1. The Legislative Counsel shall:
174-4 (a) In preparing the reprint and supplements to the Nevada
174-5 Revised Statutes, appropriately change any references to a statutory
174-6 provision of chapter 62 or 210 of NRS, NRS 213.220 to 213.290,
174-7 inclusive, or chapter 214 of NRS that is repealed by the provisions
174-8 of this act to refer to the appropriate provision of title 5 of NRS, as
174-9 amended by the provisions of this act.
174-10 (b) In preparing supplements to the Nevada Administrative
174-11 Code, appropriately change any references to a statutory provision
174-12 of chapter 62 or 210 of NRS, NRS 213.220 to 213.290, inclusive, or
174-13 chapter 214 of NRS that is repealed by the provisions of this act to
174-14 refer to the appropriate provision of title 5 of NRS, as amended by
174-15 the provisions of this act.
174-16 (c) In preparing supplements to the Nevada Administrative
174-17 Code, appropriately recodify any regulations in the Nevada
174-18 Administrative Code so that those regulations correspond with the
174-19 appropriate chapters of title 5 of NRS, as amended by the provisions
174-20 of this act.
174-21 2. Any reference in a bill or resolution passed by the 72nd
174-22 Session of the Nevada Legislature to a statutory provision of chapter
174-23 62 or 210 of NRS, NRS 213.220 to 213.290, inclusive, or chapter
174-24 214 of NRS that is repealed by the provisions of this act shall be
174-25 deemed to refer to the appropriate provision of title 5 of NRS, as
174-26 amended by the provisions of this act.
174-27 Sec. 381. 1. Any administrative regulations adopted by an
174-28 officer or an agency whose name has been changed or whose
174-29 responsibilities have been transferred pursuant to the provisions of
174-30 this act to another officer or agency remain in force until amended
174-31 by the officer or agency to which the responsibility for the adoption
174-32 of the regulations has been transferred.
174-33 2. Any contracts or other agreements entered into by an officer
174-34 or agency whose name has been changed or whose responsibilities
174-35 have been transferred pursuant to the provisions of this act to
174-36 another officer or agency are binding upon the officer or agency to
174-37 which the responsibility for the administration of the provisions of
174-38 the contract or other agreement has been transferred. Such contracts
174-39 and other agreements may be enforced by the officer or agency to
174-40 which the responsibility for the enforcement of the provisions of the
174-41 contract or other agreement has been transferred.
174-42 3. Any action taken by an officer or agency whose name has
174-43 been changed or whose responsibilities have been transferred
174-44 pursuant to the provisions of this act to another officer or agency
174-45 remains in effect as if taken by the officer or agency to which the
175-1 responsibility for the enforcement of such actions has been
175-2 transferred.
175-3 Sec. 382. 1. The Legislative Counsel shall:
175-4 (a) In preparing the reprint and supplements to the Nevada
175-5 Revised Statutes, appropriately change any references to an officer
175-6 or agency whose name is changed or whose responsibilities have
175-7 been transferred pursuant to the provisions of this act to refer to the
175-8 appropriate officer or agency.
175-9 (b) In preparing supplements to the Nevada Administrative
175-10 Code, appropriately change any references to an officer or agency
175-11 whose name is changed or whose responsibilities have been
175-12 transferred pursuant to the provisions of this act to refer to the
175-13 appropriate officer or agency.
175-14 2. Any reference in a bill or resolution passed by the 72nd
175-15 Session of the Nevada Legislature to an officer or agency whose
175-16 name is changed or whose responsibilities have been transferred
175-17 pursuant to the provisions of this act to another officer or agency
175-18 shall be deemed to refer to the officer or agency to which the
175-19 responsibility is transferred.
175-20 Sec. 383. 1. NRS 62.020, 62.031 62.033, 62.036, 62.038,
175-21 62.040, 62.041, 62.043, 62.044, 62.050, 62.080, 62.081, 62.082,
175-22 62.085, 62.090, 62.100, 62.103, 62.105, 62.110, 62.112, 62.113,
175-23 62.115, 62.117, 62.120, 62.121, 62.122, 62.1225, 62.123, 62.124,
175-24 62.126, 62.1262, 62.1264, 62.1266, 62.1268, 62.127, 62.128,
175-25 62.129, 62.130, 62.132, 62.135, 62.138, 62.140, 62.150, 62.160,
175-26 62.165, 62.170, 62.172, 62.175, 62.180, 62.193, 62.195, 62.197,
175-27 62.199, 62.202, 62.206, 62.211, 62.2115, 62.212, 62.213, 62.214,
175-28 62.215, 62.2175, 62.2183, 62.2185, 62.2186, 62.2187, 62.2195,
175-29 62.2196, 62.2198, 62.221, 62.224, 62.2255, 62.226, 62.2263,
175-30 62.227, 62.2275, 62.228, 62.229, 62.2295, 62.2305, 62.231, 62.241,
175-31 62.251, 62.261, 62.271, 62.281, 62.291, 62.295, 62.350, 62.355,
175-32 62.360, 62.370, 62.395, 62.405, 62.415, 62.425, 62.435, 62.440,
175-33 62.445, 62.455, 62.465, 62.475, 62.485, 62.490, 62.500, 62.510,
175-34 62.520, 62.530, 62.540, 62.550, 62.555, 62.560, 62.570, 62.580,
175-35 62.585, 62.590, 62.600, 62.800, 62.810, 62.820, 62.830, 62.840,
175-36 62.845, 62.850, 62.860, 62.870, 62.880, 62.900, 62.910, 62.920 and
175-37 62.930 are hereby repealed.
175-38 2. NRS 210.010, 210.015, 210.060, 210.063, 210.065, 210.070,
175-39 210.075, 210.080, 210.085, 210.090, 210.100, 210.130, 210.140,
175-40 210.150, 210.160, 210.170, 210.180, 210.185, 210.187, 210.189,
175-41 210.190, 210.210, 210.220, 210.230, 210.240, 210.250, 210.260,
175-42 210.280, 210.285, 210.290, 210.400, 210.405, 210.450, 210.460,
175-43 210.470, 210.480, 210.490, 210.500, 210.510, 210.520, 210.530,
175-44 210.535, 210.540, 210.550, 210.560, 210.570, 210.580, 210.590,
175-45 210.610, 210.615, 210.620, 210.630, 210.640, 210.660, 210.670,
175-46 210.680, 210.690, 210.710, 210.713, 210.715, 210.730, 210.735,
175-47 210.740, 210.750 and 210.755 are hereby repealed.
175-48 3. NRS 213.220, 213.230, 213.240, 213.245, 213.250, 213.260,
175-49 213.270, 213.280, 213.285 and 213.290 are hereby repealed.
175-50 4. NRS 214.010, 214.015, 214.020, 214.030, 214.040, 214.050
175-51 and 214.060 are hereby repealed.
175-52 Sec. 384. 1. This section and sections 1 to 324, inclusive,
175-53 and 326 to 383, inclusive, of this act become effective on January 1,
175-54 2004.
175-55 2. Section 164 of this act expires by limitation on October 1,
175-56 2005.
175-57 3. Section 324 of this act expires by limitation on June 30,
175-58 2009.
175-59 4. Section 325 of this act becomes effective on July 1, 2009.
175-60 20~~~~~03