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, the child must not be released before a detention hearing is

1-9 held pursuant to subsection 7 of NRS 62.170.

2-1 3. At a detention hearing held pursuant to subsection 7 of NRS

2-2 62.170 concerning a child who was taken into custody for an offense

2-3 described in subsection 1, the judge or master shall determine whether to

2-4 order the child to be evaluated by a qualified professional. If the judge or

2-5 master orders a child to be evaluated by a qualified professional, the

2-6 evaluation must be completed within 14 days after the detention hearing.

2-7 Until the evaluation is completed, the child must be:

2-8 (a) Detained at a facility for the detention of juveniles; or

2-9 (b) Placed under a program of supervision in his home that may

2-10 include electronic surveillance of the child.

2-11 4. If a child is evaluated by a qualified professional pursuant to

2-12 subsection 3, the statements made by the child to the qualified

2-13 professional during the evaluation and any evidence directly or indirectly

2-14 derived from those statements may not be used for any purpose in a

2-15 proceeding which is conducted to prove that the child committed a

2-16 delinquent act or criminal offense. The provisions of this subsection do

2-17 not prohibit the district attorney from proving that the child committed a

2-18 delinquent act or criminal offense based upon evidence obtained from

2-19 sources or by means that are independent of the statements made by the

2-20 child to the qualified professional during the evaluation conducted

2-21 pursuant to subsection 3.

2-22 5. As used in this section:

2-23 (a) "Firearm" has the meaning ascribed to it in subsection 1 of NRS

2-24 202.253.

2-25 (b) "Qualified professional" means:

2-26 (1) A psychiatrist licensed to practice medicine in this state and

2-27 certified by the American Board of Psychiatry and Neurology, Inc.;

2-28 (2) A psychologist licensed to practice in this state;

2-29 (3) A social worker holding a master’s degree in social work and

2-30 licensed in this state as a clinical social worker;

2-31 (4) A registered nurse holding a master’s degree in the field of

2-32 psychiatric nursing and licensed to practice professional nursing in this

2-33 state; or

2-34 (5) A marriage and family therapist licensed in this state pursuant

2-35 to chapter 641A of NRS.

2-36 Sec. 3. 1. In addition to the options set forth in NRS 62.211 and

2-37 62.213, if a child is adjudicated delinquent for an act that involves

2-38 cruelty to or torture of an animal, the court shall order the child to

2-39 participate in counseling or other psychological treatment.

2-40 2. The court shall order the parent or guardian of the child, to the

2-41 extent of his financial ability, to pay the cost of the child to participate in

2-42 the counseling or other psychological treatment.

3-1 3. As used in this section, "animal," "cruelty" and "torture" have the

3-2 meanings ascribed to them in NRS 574.050.

3-3 Sec. 4. NRS 62.040 is hereby amended to read as follows:

3-4 62.040 1. Except if the child involved is subject to the exclusive

3-42 firearm, regardless of the nature of the related offense, if:

4-1 (1) The person was 16 years of age or older when the offense or

4-2 attempted offense involving the use or threatened use of a firearm was

4-3 committed; and

4-4 (2) Before the offense or attempted offense involving the use or

4-5 threatened use of a firearm was committed, the person previously had been

4-6 adjudicated delinquent for an act that would have been a felony if

4-7 committed by an adult.

4-8 (d) Any other offense if, before the offense was committed, the person

4-9 previously had been convicted of a criminal offense.

4-10 3. If a child is charged with a minor traffic offense, the court may

4-11 transfer the case and record to a justice’s or municipal court if the judge

4-12 determines that it is in the best interest of the child. If a case is so

4-13 transferred:

4-14 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

4-15 applicable in those proceedings; and

4-16 (b) The child must be accompanied at all proceedings by a parent or

4-17 legal guardian.

4-18 With the consent of the judge of the juvenile division, the case may be

4-19 transferred back to the juvenile court.

4-20 Sec. 5. NRS 62.128 is hereby amended to read as follows:

4-21 62.128 1. A complaint alleging that a child is delinquent or in need

4-41 approved by the district attorney, the child must be immediately released.

5-1 4. When a child is in detention or shelter] care, the child must be

5-2 immediately released if a petition alleging delinquency or need of

5-3 supervision is not [filed] :

5-4 (a) Approved by the district attorney; or

5-5 (b) Filed within 8 days after the date the complaint was referred to the

5-6 probation officer.

5-7 [5.] 4. Upon the filing of the petition, the judge or the master may, in

5-8 addition to his other powers under this chapter:

5-9 (a) Dismiss the petition without prejudice and refer a child to the

5-10 probation officer for informal supervision pursuant to NRS 62.129; or

5-11 (b) Place a child under the supervision of the court pursuant to a

5-12 supervision and consent decree without a formal adjudication of

5-13 delinquency, upon the recommendation of the probation officer, the written

5-14 approval of the district attorney and the written consent and approval of the

5-15 child and his parents or guardian, under the terms and conditions provided

5-16 for in the decree. The petition may be dismissed upon successful

5-17 completion of the terms and conditions of the supervision and consent

5-18 decree, and the child may respond to any inquiry concerning the

5-19 proceedings and events which brought about the proceedings as if they had

5-20 not occurred. The records concerning a supervision and consent decree may

5-21 be considered in a subsequent proceeding before the court regarding that

5-22 child.

5-23 Sec. 6. NRS 62.170 is hereby amended to read as follows:

5-24 62.170 1. Except as otherwise provided in NRS 62.175 [, any] and

5-43 or both of them, be brought into the court at a time stated in the writ.

6-1 [2. If the]

6-2 3. Except as otherwise provided in this section and section 2 of this

6-3 act, if a child who is taken into custody is not released [, as provided in

6-4 subsection 1, the] pursuant to subsection 2:

6-5 (a) The child must be taken without unnecessary delay to [the] :

6-6 (1) The court ; or [to the]

6-7 (2) The place of detention designated by the court, and, as soon as

6-8 possible thereafter, the fact of detention must be reported to the court [.] ;

6-9 and

6-10 (b) Pending further disposition of the case , the court may order that the

6-11 child [may be released] be:

6-12 (1) Released to the custody of the parent or other person appointed by

6-13 the court [, or may be detained] ;

6-14 (2) Detained in such place as is designated by the court, subject to

6-15 further order [. The court may authorize] of the court; or

6-16 (3) Conditionally released for supervised detention at the home of

6-17 the child in lieu of detention at a facility for the detention of juveniles.

6-18 [3. A]

6-19 4. Except as otherwise provided in section 2 of this act, if a child is

6-20 alleged to be delinquent or in need of supervision , the child must not,

6-21 before disposition of the case, be detained in a facility for the secure

6-22 detention of juveniles unless there is probable cause to believe that:

6-23 (a) If the child is not detained, he is likely to commit an offense

6-24 dangerous to himself or to the community, or likely to commit damage to

6-25 property;

6-26 (b) The child will run away or be taken away so as to be unavailable for

6-27 proceedings of the court or to its officers;

6-28 (c) The child was brought to the probation officer pursuant to a court

6-29 order or warrant; or

6-30 (d) The child is a fugitive from another jurisdiction.

6-31 [4. A]

6-32 5. If a child is not alleged to be delinquent or in need of supervision ,

6-33 the child must not , at any time , be confined or detained in [a] :

6-34 (a) A facility for the secure detention of juveniles ; or [any]

6-35 (b) Any police station, lockup, jail, prison or other facility in which

6-36 adults are detained or confined.

6-37 [5. A child under]

6-38 6. If a child is less than 18 years of age , the child must not , at any

6-39 time , be confined or detained in any police station, lockup, jail, prison or

6-40 other facility where the child has regular contact with any adult who is

6-41 confined or detained therein and who has been convicted of a crime or

6-42 [under arrest and] charged with a crime, unless:

6-43 (a) The child is alleged to be delinquent;

7-1 (b) An alternative facility is not available; and

7-2 (c) The child is separated by sight and sound from any adults who are

7-3 confined or detained therein.

7-4 [6. A]

7-5 7. If a child who is alleged to be delinquent [who] is taken into custody

7-6 and detained , the child must be given a detention hearing, conducted by

7-7 the judge or master:

7-8 (a) Within 24 hours after the child submits a written application;

7-9 (b) In a county whose population is less than 100,000, within 24 hours

7-10 after the commencement of detention at a police station, lockup, jail, prison

7-11 or other facility in which adults are detained or confined;

7-12 (c) In a county whose population is 100,000 or more, within 6 hours

7-13 after the commencement of detention at a police station, lockup, jail, prison

7-14 or other facility in which adults are detained or confined; or

7-15 (d) Within 72 hours after the commencement of detention at a facility in

7-16 which adults are not detained or confined,

7-17 whichever occurs first, excluding Saturdays, Sundays and holidays. A child

7-18 must not be released after a detention hearing without the written consent of

7-19 the judge or master.

7-20 [7.] 8. If the parent, guardian or custodian of the child appears with or

7-21 on behalf of the child at a detention hearing, the judge or master shall

7-22 provide to him a certificate of attendance which he may provide to his

7-23 employer. The certificate of attendance must set forth the date and time of

7-24 appearance and the provisions of NRS 62.900. The certificate of attendance

7-25 must not set forth the name of the child or the offense alleged.

7-26 [8. A]

7-27 9. Except as otherwise provided in subsection 10, if a child who is

7-28 alleged to be in need of supervision is taken into custody and detained ,

7-29 the child must [, if alleged to be a child in need of supervision,] be released

7-30 within 24 hours, excluding Saturdays, Sundays and holidays, after his initial

7-31 contact with a peace officer to his parent, guardian or custodian, to any

7-32 other person who is able to provide adequate care and supervision, or to

7-33 shelter care, [except as otherwise provided in subsection 9 or] unless the

7-34 court holds a detention hearing and determines the child:

7-35 (a) Has threatened to run away from home or from the shelter;

7-36 (b) Is accused of violent behavior at home; or

7-37 (c) Is accused of violating the terms of his supervision and consent

7-38 decree.

7-39 If the court makes such a determination, the child may be detained for an

7-40 additional 24 hours after the hearing, excluding Saturdays, Sundays and

7-41 holidays, if needed by the court to make an alternative placement. Such an

7-42 alternative placement must be in a facility in which there are no physically

7-43 restraining devices or barriers. A child must not be detained pursuant to this

8-1 subsection for a total period in excess of 48 hours, excluding Saturdays,

8-2 Sundays and holidays.

8-3 [9. A]

8-4 10. If a child who is alleged to be in need of supervision [who] is taken

8-5 into custody and detained , the child need not be released [within 24 hours,

8-6 excluding Saturdays, Sundays and holidays, after his initial contact with a

8-7 peace officer to his parent, guardian or custodian, to any other person who

8-8 is able to provide adequate care and supervision, or to a shelter for care,]

8-9 pursuant to subsection 9, if the court holds a detention hearing and

8-10 determines the child:

8-11 (a) Is a ward of a federal court or held pursuant to federal statute;

8-12 (b) Has run away from another state and a jurisdiction within the state

8-13 has issued a want, warrant or request for the child; or

8-14 (c) Is accused of violating a valid court order.

8-15 If the court makes such a determination, the child may be detained for such

8-16 an additional period as necessary for the court to return the child to the

8-17 jurisdiction from which he originated or to make an alternative placement.

8-18 Such an alternative placement must be in a facility in which there are no

8-19 physically restraining devices or barriers.

8-20 [10.] 11. During the pendency of a criminal or quasi-criminal charge

8-21 of a crime excluded from the original jurisdiction of the juvenile court

8-22 pursuant to NRS 62.040, a child may petition the juvenile [division] court

8-23 for temporary placement in a facility for the detention of juveniles.

8-24 [11.] 12. In determining whether to release a child pursuant to this

8-25 section to a person other than his parent, guardian or custodian, preference

8-26 must be given to any person related within the third degree of

8-27 consanguinity to the child who is suitable and able to provide proper care

8-28 and guidance for the child.

8-29 Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to

8-30 any additional expenses of a local government that are related to the

8-31 provisions of this act.

8-32 Sec. 8. The amendatory provisions of this act do not apply to offenses

8-33 that were committed before October 1, 1999.