EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 62 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. If a peace officer or probation officer has probable

1-4 cause to believe that a child is committing or has committed an offense

1-5 that involves the possession, use or threatened use of a firearm, the

1-6 officer shall take the child into custody.

1-7 2. If a child is taken into custody for an offense described in

1-8 subsection 1:

1-9 (a) The child must not be released pursuant to NRS 62.170;

2-1 (b) Except as otherwise provided in subsection 3, the child must be

2-2 detained at a facility for the detention of juveniles; and

2-3 (c) If the child is taken into custody without a warrant or court order,

2-4 a judicial officer must determine whether there is probable cause to

2-5 believe that the child has committed the offense as soon as reasonably

2-6 practicable but not later than 72 hours after the child is taken into

2-7 custody. For the purposes of this paragraph:

2-8 (1) Any intervening Saturday, Sunday or holiday must be included

2-9 in calculating the period of 72 hours.

2-10 (2) The judicial officer may be a judge or master of the juvenile

2-11 court or may be any other judicial officer who is authorized pursuant to

2-12 Title 14 of NRS to determine whether there is probable cause to believe

2-13 that an adult has committed an offense.

2-14 (3) The judicial officer may determine whether there is probable

2-15 cause to believe that the child has committed the offense based upon any

2-16 evidence and pursuant to any procedures that satisfy the provisions of the

2-17 Constitution of the United States and the constitution of this state, as

2-18 those provisions are applied to a child who is alleged to be delinquent.

2-19 (4) When the determination of probable cause is made by the

2-20 judicial officer, the child is not entitled to any right or process other than

2-21 those rights and procedures that are required for such a determination

2-22 pursuant to the provisions of the Constitution of the United States and

2-23 the constitution of this state, as those provisions are applied to a child

2-24 who is alleged to be delinquent.

2-25 3. If a child is taken into custody for an offense described in

2-26 subsection 1, the child may be detained initially at a police station,

2-27 lockup, jail, prison or other facility in which adults are detained or

2-28 confined, if the detention of the child in such a facility complies with the

2-29 provisions of subsection 6 of NRS 62.170 and the child is transferred to a

2-30 facility for the detention of juveniles:

2-31 (a) In a county whose population is less than 100,000, within 24 hours

2-32 after the commencement of detention at the police station, lockup, jail,

2-33 prison or other facility in which adults are detained or confined; or

2-34 (b) In a county whose population is 100,000 or more, within 6 hours

2-35 after the commencement of detention at the police station, lockup, jail,

2-36 prison or other facility in which adults are detained or confined.

2-37 4. If a judicial officer determines that there is probable cause to

2-38 believe that a child has committed an offense described in subsection 1 or

2-39 if a child is taken into custody pursuant to a warrant or court order for

2-40 an offense described in subsection 1, the child must be:

2-41 (a) Detained at a facility for the detention of juveniles until a judge or

2-42 master conducts a detention hearing pursuant to this section; and

3-1 (b) Evaluated by a qualified professional before the detention hearing

3-2 is conducted pursuant to this section.

3-3 5. A qualified professional who evaluates a child pursuant to

3-4 subsection 4 shall prepare a written report concerning his conclusions

3-5 whether the child is likely to commit an offense that is dangerous to

3-6 himself or the community if the child is released. The qualified

3-7 professional shall provide a copy of the written report to:

3-8 (a) The judge or master who conducts the detention hearing;

3-9 (b) The prosecuting attorney and the probation officer who are

3-10 assigned to the case; and

3-11 (c) The attorney for the child or, if the child is not represented by an

3-12 attorney, the parent, guardian or custodian of the child.

3-13 6. A judge or master shall conduct a detention hearing concerning a

3-14 child who is alleged to have committed an offense described in subsection

3-15 1 not later than 10 days after the date on which the child is taken into

3-16 custody. Any intervening Saturday, Sunday or holiday must be included

3-17 in calculating the period of 10 days. At the detention hearing:

3-18 (a) If a petition alleging delinquency has not been filed, the judge or

3-19 master shall order that the child be released.

3-20 (b) If a petition alleging delinquency has been filed, the judge or

3-21 master shall order that the child, pending disposition of the case, be:

3-22 (1) Detained at a facility for the secure detention of juveniles if

3-23 there is probable cause to believe that the child:

3-24 (I) Is likely to commit an offense that is dangerous to himself or

3-25 the community if the child is released;

3-26 (II) Will run away or be taken away so as to be unavailable for

3-27 proceedings of the court or to its officers; or

3-28 (III) Is a fugitive from another jurisdiction; or

3-29 (2) If the provisions of subparagraph (1) do not otherwise apply:

3-30 (I) Detained at a facility for the detention of juveniles or such

3-31 other place as is designated by the court;

3-32 (II) Conditionally released for supervised detention at the home

3-33 of the child in lieu of detention at a facility for the detention of juveniles;

3-34 or

3-35 (III) Released to the custody of a parent or other person

3-36 appointed by the court.

3-37 7. If a child is evaluated by a qualified professional pursuant to

3-38 subsection 4, the statements made by the child to the qualified

3-39 professional during the evaluation and any evidence directly or indirectly

3-40 derived from those statements may not be used for any purpose in a

3-41 proceeding which is conducted to prove that the child committed a

3-42 delinquent act or criminal offense. The provisions of this subsection do

3-43 not prohibit the district attorney from proving that the child committed a

4-1 delinquent act or criminal offense based upon evidence obtained from

4-2 sources or by means that are independent of the statements made by the

4-3 child to the qualified professional during the evaluation conducted

4-4 pursuant to subsection 4.

4-5 8. As used in this section, "qualified professional" means:

4-6 (a) A psychiatrist licensed to practice medicine in this state and

4-7 certified by the American Board of Psychiatry and Neurology, Inc.;

4-8 (b) A psychologist licensed to practice in this state;

4-9 (c) A social worker holding a master’s degree in social work and

4-10 licensed in this state as a clinical social worker;

4-11 (d) A registered nurse holding a master’s degree in the field of

4-12 psychiatric nursing and licensed to practice professional nursing in this

4-13 state; or

4-14 (e) A marriage and family therapist licensed in this state pursuant to

4-15 chapter 641A of NRS.

4-16 Sec. 3. 1. In addition to the options set forth in NRS 62.211 and

4-17 62.213, if a child is adjudicated delinquent for an act that involves

4-18 cruelty to or torture of an animal, the court shall order the child to

4-19 participate in counseling or other psychological treatment.

4-20 2. As used in this section, "animal," "cruelty" and "torture" have the

4-21 meanings ascribed to them in NRS 574.050.

4-22 Sec. 4. NRS 62.040 is hereby amended to read as follows:

4-23 62.040 1. Except if the child involved is subject to the exclusive

4-42 the mentally retarded.

5-1 2. For the purposes of subsection 1, each of the following acts shall be

5-2 deemed not to be a delinquent act, and the court does not have jurisdiction

5-3 of a person who is charged with committing such an act:

5-4 (a) Murder or attempted murder and any other related offense arising

5-5 out of the same facts as the murder or attempted murder, regardless of the

5-6 nature of the related offense.

5-7 (b) Sexual assault or attempted sexual assault involving the use or

5-8 threatened use of force or violence against the victim and any other related

5-9 offense arising out of the same facts as the sexual assault or attempted

5-10 sexual assault, regardless of the nature of the related offense, if:

5-11 (1) The person was 16 years of age or older when the sexual assault

5-12 or attempted sexual assault was committed; and

5-13 (2) Before the sexual assault or attempted sexual assault was

5-14 committed, the person previously had been adjudicated delinquent for an

5-15 act that would have been a felony if committed by an adult.

5-16 (c) An offense or attempted offense involving the use or threatened use

5-17 of a firearm and any other related offense arising out of the same facts as

5-18 the offense or attempted offense involving the use or threatened use of a

5-19 firearm, regardless of the nature of the related offense, if:

5-20 (1) The person was 16 years of age or older when the offense or

5-21 attempted offense involving the use or threatened use of a firearm was

5-22 committed; and

5-23 (2) Before the offense or attempted offense involving the use or

5-24 threatened use of a firearm was committed, the person previously had been

5-25 adjudicated delinquent for an act that would have been a felony if

5-26 committed by an adult.

5-27 (d) Any other offense if, before the offense was committed, the person

5-28 previously had been convicted of a criminal offense.

5-29 3. If a child is charged with a minor traffic offense, the court may

5-30 transfer the case and record to a justice’s or municipal court if the judge

5-31 determines that it is in the best interest of the child. If a case is so

5-32 transferred:

5-33 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

5-34 applicable in those proceedings; and

5-35 (b) The child must be accompanied at all proceedings by a parent or

5-36 legal guardian.

5-37 With the consent of the judge of the juvenile division, the case may be

5-38 transferred back to the juvenile court.

5-39 Sec. 5. NRS 62.128 is hereby amended to read as follows:

5-40 62.128 1. A complaint alleging that a child is delinquent or in need

5-43 determine whether the best interests of the child or of the public require

6-1 that a petition be filed or would better be served by placing the child under

6-2 informal supervision pursuant to NRS 62.129. If judicial action appears

6-3 necessary, the probation officer may recommend the filing of a petition,

6-4 but any petition must be prepared and signed by the district attorney before

6-5 it is filed with the court. The decision of the district attorney on whether to

6-6 file a petition is final.

6-7 2. If the probation officer refuses to place the child under informal

6-8 supervision or recommend the filing of a petition, the complainant must be

6-9 notified by the probation officer of his right to a review of his complaint by

6-10 the district attorney. The district attorney, upon request of the complainant,

6-11 shall review the facts presented by the complainant and after consultation

6-12 with the probation officer shall prepare, sign and file the petition with the

6-13 court when he believes the action is necessary to protect the community or

6-14 the interests of the child.

6-15 3. [When] Except as otherwise provided in section 2 of this act, if a

6-16 child is in detention or shelter [care and the filing of the petition is not

6-17 approved by the district attorney, the child must be immediately released.

6-18 4. When a child is in detention or shelter] care, the child must be

6-19 immediately released if a petition alleging delinquency or need of

6-20 supervision is not [filed] :

6-21 (a) Approved by the district attorney; or

6-22 (b) Filed within 8 days after the date the complaint was referred to the

6-23 probation officer.

6-24 [5.] 4. Upon the filing of the petition, the judge or the master may, in

6-25 addition to his other powers under this chapter:

6-26 (a) Dismiss the petition without prejudice and refer a child to the

6-27 probation officer for informal supervision pursuant to NRS 62.129; or

6-28 (b) Place a child under the supervision of the court pursuant to a

6-29 supervision and consent decree without a formal adjudication of

6-30 delinquency, upon the recommendation of the probation officer, the

6-31 written approval of the district attorney and the written consent and

6-32 approval of the child and his parents or guardian, under the terms and

6-33 conditions provided for in the decree. The petition may be dismissed upon

6-34 successful completion of the terms and conditions of the supervision and

6-35 consent decree, and the child may respond to any inquiry concerning the

6-36 proceedings and events which brought about the proceedings as if they had

6-37 not occurred. The records concerning a supervision and consent decree

6-38 may be considered in a subsequent proceeding before the court regarding

6-39 that child.

6-40 Sec. 6. NRS 62.170 is hereby amended to read as follows:

6-41 62.170 1. Except as otherwise provided in NRS 62.175 [, any] and

6-43 custody any child [who is found] :

7-1 (a) Who the officer has probable cause to believe is violating or has

7-2 violated any law , [or] ordinance or [whose] rule or regulation having the

7-3 force of law; or

7-4 (b) Whose conduct indicates that he is a child in need of supervision.

7-5 2. Except as otherwise provided in this section, section 2 of this act

7-6 and NRS 484.383, [when] if a child is taken into custody [, the] :

7-7 (a) The officer shall immediately notify the parent, guardian or

7-8 custodian of the child, if known, and the probation officer [.] ; and

7-9 (b) Unless it is impracticable or inadvisable or has been otherwise

7-10 ordered by the court, [or is otherwise provided in this section,] the child

7-11 must be released to the custody of his parent or other responsible adult who

7-12 has signed a written agreement to bring the child to the court at a stated

7-13 time or at such time as the court may direct. The written agreement must

7-14 be submitted to the court as soon as possible. If this person fails to produce

7-15 the child as agreed or upon notice from the court, a writ may be issued for

7-16 the attachment of the person or of the child requiring that the person or

7-17 child, or both of them, be brought into the court at a time stated in the writ.

7-18 [2. If the]

7-19 3. Except as otherwise provided in this section and section 2 of this

7-20 act, if a child who is taken into custody is not released [, as provided in

7-21 subsection 1, the] pursuant to subsection 2:

7-22 (a) The child must be taken without unnecessary delay to [the] :

7-23 (1) The court ; or [to the]

7-24 (2) The place of detention designated by the court, and, as soon as

7-25 possible thereafter, the fact of detention must be reported to the court [.] ;

7-26 and

7-27 (b) Pending further disposition of the case , the court may order that

7-28 the child [may be released] be:

7-29 (1) Released to the custody of the parent or other person appointed

7-30 by the court [, or may be detained] ;

7-31 (2) Detained in such place as is designated by the court, subject to

7-32 further order [. The court may authorize] of the court; or

7-33 (3) Conditionally released for supervised detention at the home of

7-34 the child in lieu of detention at a facility for the detention of juveniles.

7-35 [3. A]

7-36 4. Except as otherwise provided in section 2 of this act, if a child is

7-37 alleged to be delinquent or in need of supervision , the child must not,

7-38 before disposition of the case, be detained in a facility for the secure

7-39 detention of juveniles unless there is probable cause to believe that:

7-40 (a) If the child is not detained, he is likely to commit an offense

7-41 dangerous to himself or to the community, or likely to commit damage to

7-42 property;

8-1 (b) The child will run away or be taken away so as to be unavailable for

8-2 proceedings of the court or to its officers;

8-3 (c) The child was brought to the probation officer pursuant to a court

8-4 order or warrant; or

8-5 (d) The child is a fugitive from another jurisdiction.

8-6 [4. A]

8-7 5. If a child is not alleged to be delinquent or in need of supervision ,

8-8 the child must not , at any time , be confined or detained in [a] :

8-9 (a) A facility for the secure detention of juveniles ; or [any]

8-10 (b) Any police station, lockup, jail, prison or other facility in which

8-11 adults are detained or confined.

8-12 [5. A child under]

8-13 6. If a child is less than 18 years of age , the child must not , at any

8-14 time , be confined or detained in any police station, lockup, jail, prison or

8-15 other facility where the child has regular contact with any adult who is

8-16 confined or detained therein and who has been convicted of a crime or

8-17 [under arrest and] charged with a crime, unless:

8-18 (a) The child is alleged to be delinquent;

8-19 (b) An alternative facility is not available; and

8-20 (c) The child is separated by sight and sound from any adults who are

8-21 confined or detained therein.

8-22 [6. A]

8-23 7. Except as otherwise provided in section 2 of this act, if a child who

8-24 is alleged to be delinquent [who] is taken into custody and detained , the

8-25 child must be given a detention hearing, conducted by the judge or master:

8-26 (a) Within 24 hours after the child submits a written application;

8-27 (b) In a county whose population is less than 100,000, within 24 hours

8-28 after the commencement of detention at a police station, lockup, jail,

8-29 prison or other facility in which adults are detained or confined;

8-30 (c) In a county whose population is 100,000 or more, within 6 hours

8-31 after the commencement of detention at a police station, lockup, jail,

8-32 prison or other facility in which adults are detained or confined; or

8-33 (d) Within 72 hours after the commencement of detention at a facility in

8-34 which adults are not detained or confined,

8-35 whichever occurs first, excluding Saturdays, Sundays and holidays. A

8-36 child must not be released after a detention hearing without the written

8-37 consent of the judge or master.

8-38 [7.] 8. If the parent, guardian or custodian of the child appears with or

8-39 on behalf of the child at a detention hearing, the judge or master shall

8-40 provide to him a certificate of attendance which he may provide to his

8-41 employer. The certificate of attendance must set forth the date and time of

8-42 appearance and the provisions of NRS 62.900. The certificate of

8-43 attendance must not set forth the name of the child or the offense alleged.

9-1 [8. A]

9-2 9. Except as otherwise provided in subsection 10, if a child who is

9-3 alleged to be in need of supervision is taken into custody and detained ,

9-4 the child must [, if alleged to be a child in need of supervision,] be released

9-5 within 24 hours, excluding Saturdays, Sundays and holidays, after his

9-6 initial contact with a peace officer to his parent, guardian or custodian, to

9-7 any other person who is able to provide adequate care and supervision, or

9-8 to shelter care, [except as otherwise provided in subsection 9 or] unless the

9-9 court holds a detention hearing and determines the child:

9-10 (a) Has threatened to run away from home or from the shelter;

9-11 (b) Is accused of violent behavior at home; or

9-12 (c) Is accused of violating the terms of his supervision and consent

9-13 decree.

9-14 If the court makes such a determination, the child may be detained for an

9-15 additional 24 hours after the hearing, excluding Saturdays, Sundays and

9-16 holidays, if needed by the court to make an alternative placement. Such an

9-17 alternative placement must be in a facility in which there are no physically

9-18 restraining devices or barriers. A child must not be detained pursuant to

9-19 this subsection for a total period in excess of 48 hours, excluding

9-20 Saturdays, Sundays and holidays.

9-21 [9. A]

9-22 10. If a child who is alleged to be in need of supervision [who] is

9-23 taken into custody and detained , the child need not be released [within 24

9-24 hours, excluding Saturdays, Sundays and holidays, after his initial contact

9-25 with a peace officer to his parent, guardian or custodian, to any other

9-26 person who is able to provide adequate care and supervision, or to a shelter

9-27 for care,] pursuant to subsection 9, if the court holds a detention hearing

9-28 and determines the child:

9-29 (a) Is a ward of a federal court or held pursuant to federal statute;

9-30 (b) Has run away from another state and a jurisdiction within the state

9-31 has issued a want, warrant or request for the child; or

9-32 (c) Is accused of violating a valid court order.

9-33 If the court makes such a determination, the child may be detained for such

9-34 an additional period as necessary for the court to return the child to the

9-35 jurisdiction from which he originated or to make an alternative placement.

9-36 Such an alternative placement must be in a facility in which there are no

9-37 physically restraining devices or barriers.

9-38 [10.] 11. During the pendency of a criminal or quasi-criminal charge

9-39 of a crime excluded from the original jurisdiction of the juvenile court

9-40 pursuant to NRS 62.040, a child may petition the juvenile [division] court

9-41 for temporary placement in a facility for the detention of juveniles.

10-1 [11.] 12. In determining whether to release a child pursuant to this

10-2 section to a person other than his parent, guardian or custodian, preference

10-3 must be given to any person related within the third degree of

10-4 consanguinity to the child who is suitable and able to provide proper care

10-5 and guidance for the child.

10-6 Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply

10-7 to any additional expenses of a local government that are related to the

10-8 provisions of this act.

10-9 Sec. 8. The amendatory provisions of this act do not apply to offenses

10-10 that were committed before October 1, 1999.