Senate Bill No. 57–Senator Wiener

 

CHAPTER..........

 

AN ACT relating to juvenile justice; revising certain provisions governing the program of restitution through work; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 62.129 is hereby amended to read as follows:

    62.129  1.  A child alleged to be delinquent or in need of

 supervision may be placed under the informal supervision of a

 probation officer if the child voluntarily admits his participation in

 the acts for which he was referred to the probation officer. If any of

 the acts would constitute a gross misdemeanor or felony if

 committed by an adult, the child may not be placed under informal

 supervision unless the district attorney approves of the placement in

 writing. The probation officer must advise the child and his parent,

 guardian or custodian that they may refuse informal supervision.

    2.  An agreement for informal supervision must be entered into

 voluntarily and intelligently by the child with the advice of his

 attorney, or by the child with the consent of a parent, guardian or

 custodian if the child is not represented by counsel. The period of

 informal supervision must not exceed 180 days. The terms of the

 agreement must be clearly stated in writing and signed by all

 parties. A copy of the agreement must be given to the child, the

 attorney for the child, if any, the child’s parent, guardian or

 custodian, and the probation officer, who shall retain a copy in his

 file for the case.

The child and his parent, guardian or custodian may terminate the

 agreement at any time and request the filing of a petition for formal

 adjudication.

    3.  An agreement for informal supervision may require a child

 to:

    (a) Perform community service or provide restitution to any

 victim of the acts for which the child was referred to the probation

 officer;

    (b) Participate in a program of restitution through work that is

 established pursuant to NRS 62.2185 if the child:

        (1) Is 14 years of age or older;

        (2) Has never been found to be within the purview of this

 chapter for an unlawful act that involved the use or threatened use

 of force or violence against a victim and has never been found to

 have committed such an unlawful act in any other jurisdiction[;] ,

 unless the probation officer determines that the child would

 benefit from the program;

        (3) Is required to provide restitution to a victim; and

        (4) Voluntarily agrees to participate in the program of

restitution through work;

    (c) Complete a program of cognitive training and human

 development pursuant to NRS 62.2195 if:

        (1) The child has never been found to be within the purview

 of this chapter; and

        (2) The unlawful act for which the child is found to be within

 the purview of this chapter did not involve the use or threatened use

 of force or violence against a victim; or

    (d) Engage in any combination of the activities set forth in

 paragraphs (a), (b) and (c).

    4.  If an agreement for informal supervision requires a child to

 participate in a program of restitution through work as set forth in

 paragraph (b) of subsection 3 or complete a program of cognitive

 training and human development as set forth in paragraph (c) of

 subsection 3, the agreement may also require any or all of the

 following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent

 of his financial ability, to pay the costs associated with the

 participation of the child in the program, including, without

 limitation, a reasonable sum of money to pay for the cost of policies

 of insurance against liability for personal injury and damage to

 property during those periods in which the child participates in the

 program or performs work, and in the case of a program of

 restitution through work, for industrial insurance, unless the

 industrial insurance is provided by the employer for which the child

 performs the work; or

    (b) The child to work on projects or perform community service

 pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

 period that reflects the costs associated with the participation of the

 child in the program.

    5.  If a child is placed under informal supervision, a petition

 based upon the events out of which the original complaint arose

 may be filed only within 180 days after entry into the agreement for

 informal supervision. If a petition is filed within that period, the

 child may withdraw the admission he made pursuant to subsection

 1. The child’s compliance with all proper and reasonable terms of

 the agreement constitute grounds for the court to dismiss the

 petition.

    6.  Upon the request of the court, a probation officer shall file

 with the court a report of the number of children placed under

 informal supervision during the previous year, the conditions

 imposed in each case and the number of cases that were

 successfully completed without the filing of a petition.

 

 

    Sec. 2.  NRS 62.2185 is hereby amended to read as follows:

    62.2185  1.  In addition to the options set forth in NRS 62.211

 and 62.213, the court may order a child who is found to be within

 the purview of this chapter to participate in a program of restitution

 through work that is established pursuant to this section if the child:

    (a) Is 14 years of age or older;

    (b) Has never been found to be within the purview of this

 chapter for an unlawful act that involved the use or threatened use

 of force or violence against a victim and has never been found to

 have committed such an unlawful act in any other jurisdiction[;] ,

 unless the court determines that the child would benefit from the

 program;

    (c) Is ordered to provide restitution to a victim; and

    (d) Voluntarily agrees to participate in the program of restitution

 through work.

    2.  If the court orders a child to participate in a program of

 restitution through work, the court may order any or all of the

 following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent

 of his financial ability, to pay the costs associated with the

 participation of the child in the program, including, without

 limitation, a reasonable sum of money to pay for the cost of policies

 of insurance against liability for personal injury and damage to

 property or for industrial insurance, or both, during those periods in

 which the child participates in the program or performs work,

 unless, in the case of industrial insurance, it is provided by the

 employer for which the child performs the work; or

    (b) The child to work on projects or perform community service

 pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

 period that reflects the costs associated with the participation of the

 child in the program.

    3.  A director of juvenile services may establish a program of

 restitution through work. A program of restitution through work

 must:

    (a) Include, without limitation, instruction in skills for

 employment and work ethics; and

    (b) Require a child who participates in the program to:

        (1) With the assistance of the program and if practicable,

 seek and obtain a position of employment with a public or private

 employer; and

        (2) Sign an authorization form that permits money to be

 deducted from the wages of the child to pay restitution. The director

 of juvenile services may prescribe the contents of the authorization

 form and may determine the amount of money to be deducted from

 the wages of the child to pay restitution, but the director shall not

 require that more than [50] :

            (I) Fifty percent of the wages of the child be deducted to

pay restitution[.] if the child, with the approval of the director or

 probation officer, secures the employment without the assistance

 of the program; or

            (II) Sixty percent of the wages of the child be deducted

 to pay restitution if the child secures the employment with the

 assistance of the program.

    4.  A program of restitution through work may include, without

 limitation, cooperative agreements with public or private employers

 to make available positions of employment for a child who

 participates in the program.

    5.  A director of juvenile services may terminate participation

 by a child in a program of restitution through work for any lawful

 reason or purpose.

    6.  A director of juvenile services may:

    (a) Apply for, accept and expend grants, gifts, donations,

 bequests or devises to finance a program of restitution through

 work in the manner provided in NRS 62.2186; and

    (b) Contract with persons and public or private entities that are

 qualified to operate or to participate in a program of restitution

 through work.

    7.  A director of juvenile services may designate a person to

 carry out the provisions of this section.

    8.  The provisions of this section do not:

    (a) Create a right on behalf of a child to participate in a program

 of restitution through work or to hold a position of employment; or

    (b) Establish a basis for any cause of action against the State

or its officers or employees for denial of the ability to participate in

 or for removal from a program of restitution through work or for

 denial of or removal from a position of employment.

 

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