MINUTES OF THE

      SENATE COMMITTEE ON TRANSPORTATION

 

      Sixty-seventh Session

      February 2, 1993

 

 

 

The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:40 p.m., on Tuesday, February 2, 1993, in Room 226 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

Senator William R. O'Donnell, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mark A. James

Senator Leonard V. Nevin

Senator Joseph M. Neal, Jr.

Senator Thomas J. Hickey

Senator Lori L. Brown

 

STAFF MEMBERS PRESENT:

 

Paul Mouritsen, Research Analyst

Terri Jo Wittenberg, Committee Secretary

 

OTHERS PRESENT:

 

Mr. George L. Cotton, Affirmative Action Manager, Office of     the County Manager, Clark County

Ms. Darcy Coss, Deputy Attorney General, State of Nevada      Attorney General's Office

 

Chairman O'Donnell referred to several bills requiring committee introduction.  He passed out copies of bill draft requests (BDR's) for review and proceeded to read each bill draft request by number and summary:

 

BDR R-1034:Directs Department of Transportation to conduct study of certain methods of making area surrounding public libraries safer for pedestrians.

 

      SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR 10-34.

 

 

      SENATOR JACOBSEN SECONDED THE MOTION.  (SENATOR NEVIN AND SENATOR JAMES WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

BDR R-302:  Expresses support for designation of Tahoe Regional Planning Agency as Metropolitan Planning Organization.

 

      SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR R-302.

 

      SENATOR JACOBSEN SECONDED THE MOTION.  (SENATOR NEVIN AND SENATOR JAMES WERE ABSENT FOR THE VOTE.)

 

      * * * * *

 

BDR R-303:  Directs Department of Transportation to perform certain functions relating to alternative methods of transportation for Lake Tahoe Basin.

 

      SENATOR JACOBSEN MOVED FOR COMMITTEE INTRODUCTION OF BDR R-303.

 

      SENATOR NEAL SECONDED THE MOTION.  (SENATOR NEVIN WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Chairman O'Donnell opened the hearing on Senate Bill 17.

 

S.B. 17:    Revises for specified counties requirement that peace officers' standards and training committee certify certain juvenile probation officers.

 

Mr. George L. Cotton, Affirmative Action Manager, Office of the County Manager, Clark County, spoke in behalf of S.B. 17.  Mr. Cotton explained his agency had requested the bill in order to clean up the current requirement that juvenile probation officers (JPO's) be Peace Officers' Standards and Training (POST) certified.  He further explained, in order to be POST certified it required they be weapons certified and that most of the juvenile probation officers were not required to carry firearms.  Mr. Cotton added, the concern was whether these juvenile probation officers were allowed to remain in this category would they be entitled to access the early retirement system which would cost Clark County a great deal of money. 

 

Mr. Cotton further explained, at present most of these JPO's do not perform the duties of a peace office, such as making arrests.  He said at present, if a potentially violent situation arose, Metro would be called and they would handle the situation.

 

Chairman O'Donnell asked Mr. Cotton how they balanced the need for POST training against the cost involved in the protection of the JPO's and any civilians they may involve.

 

Mr. Cotton said his agency felt the need to give more training to the employees, and they intended to do that.  He added, currently, the JPO's are sent up to Carson City to the POST academy, which is costly, because then the juveniles whom they are responsible for must be taken care of by someone else and it was very expensive. 

 

Senator O'Donnell asked who would certify these JPO's under this bill.

 

Mr. Cotton stated they would meet the minimum job qualifications set up by the court in order for them to carry out their functions as probation officers.  He further explained the JPO's would be doing the same things they are doing now with one exception, they would not have to go to the POST academy and pass that because they cannot pass the academy without passing the weapons aspect of it.

 

Senator Brown asked why there was a different rational for the smaller counties.

 

Mr. Cotton said he understood some of the smaller counties did authorize their JPO's to carry weapons but the Clark County court would not allow JPO's to carry weapons.

 

Senator Hickey asked how many people this bill would affect.

 

Mr. Cotton said there were about 300 employees in the juvenile court services department and about 75 to 100 of those were probation officers.

 

Senator Jacobsen asked for more clarification on why this bill was necessary.

 

Mr. Cotton explained under the current system, if the statute is left as it is, the JPO's would be entitled to the early retirement system which would create a major financial impact on Clark County.  He added these JPO's are not doing the work that needs to be done in order to qualify for the early retirement system.

 

Senator Jacobsen asked Mr. Cotton if these JPO's were ever called upon to do anything other than what a judge orders them to do.

 

Mr. Cotton said some JPO's work at Child Haven, which is a juvenile detention center, and they do not make arrests.  He added the bulk of the people who work in Child Haven are taking care of children in the detention center who are brought there for various reasons, but they are not doing police work and are doing more "social work".

 

Chairman O'Donnell asked Mr. Cotton how much training these JPO's would receive under this bill.

 

Mr. Cotton said they would be trained in basically the same way as the POST academy does with the exception of the weapons training.

 

Ms. Darcy Coss, Deputy Attorney General, State of Nevada Attorney General's Office spoke with regard to S.B. 17.  Ms. Coss stated she was here to monitor this bill because one of her clients was on the POST committee.  Ms. Coss said she was seeking clarification on whether these JPO's still had the potential for hand to hand combat or to put someone in restraint hold or whether they have care and custody of prisoners.

 

Chairman O'Donnell said according to this bill only those JPO's in the smaller counties would have the training and the responsibility of these situations.

 

Ms. Coss asked who would be monitoring the training program as to whether it was legally sufficient.

 

Senator Nevin said they would be responsible for policing themselves.  He added that these JPO's would still have the potential for conflict and to take away the potential for conflict would mean the police force would be handling everything and you might as well eliminate the JPO's.

 

Senator Jacobsen suggested the POST committee be given an opportunity to comment on this issue.

 

Senator Hickey asked Mr. Cotton what the estimated cost of these JPO's being eligible for the early retirement system.

 

Mr. Cotton said the cost would be several hundred thousand dollars.

 

 

Chairman O'Donnell stated the real reason behind this bill was for the savings of $200,000 and not for the safety of the parole officers on the street and if these JPO's were not to be POST trained, the committee would be doing a disservice to those officers who should have that training.

 

Chairman O'Donnell closed the hearing on S.B. 17.

 

There being no further business, Chairman O'Donnell adjourned the meeting at 2:15 p.m.

 

 

            RESPECTFULLY SUBMITTED:

 

 

 

                                    

            Terri Jo Wittenberg

            Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                     

Senator William R. O'Donnell, Chairman

 

 

DATE:                                 

 

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Senate Committee on Transportation

February 2, 1993

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