Assembly Bill No. 229–Committee on Judiciary

(On Behalf of Attorney General)

February 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes assignment of certain juvenile offenders to program of cognitive training and human development. (BDR 5-304)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to children; authorizing the assignment of certain juvenile offenders to a program of cognitive training and human development; establishing requirements for such a program; 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. Chapter 62 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. In addition to the options set forth in NRS 62.211 and 62.213, the

1-4 court may order a child who is found to be within the purview of this

1-5 chapter to complete a program of cognitive training and human

1-6 development pursuant to this section if:

1-7 (a) The child is 14 1/2 years of age or older;

1-8 (b) The child has not previously been found to be within the purview

1-9 of this chapter; and

1-10 (c) The unlawful act for which the child is found to be within the

1-11 purview of this chapter did not involve the use or threatened use of force

1-12 or violence against a victim.

1-13 2. If the court orders a child to complete a program of cognitive

1-14 training and human development, the court may order any or all of the

1-15 following, in the following order of priority if practicable:

1-16 (a) The child or the parent or guardian of the child, to the extent of

1-17 his financial ability, to pay the costs associated with the participation of

2-1 the child in the program, including, without limitation, a reasonable sum

2-2 of money to pay for the cost of policies of insurance against liability for

2-3 personal injury and damage to property during those periods in which

2-4 the child participates in the program;

2-5 (b) The child to work on projects or perform public service pursuant

2-6 to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects

2-7 the costs associated with the participation of the child in the program; or

2-8 (c) The county in which the petition alleging the child to be delinquent

2-9 or in need of supervision is filed to pay the costs associated with the

2-10 participation of the child in the program.

2-11 3. A program of cognitive training and human development must

2-12 include, without limitation, education, instruction or guidance in the

2-13 following subjects:

2-14 (a) Motivation.

2-15 (b) Habits, attitudes and conditioning.

2-16 (c) Self-conditioning processes.

2-17 (d) Developing a successful way of life.

2-18 (e) The process of solving problems.

2-19 (f) Emotions and emotional blocks.

2-20 (g) Assurances and demonstrative maturity.

2-21 (h) Family success.

2-22 (i) Family relationships.

2-23 (j) Interfamilial understanding and communications.

2-24 (k) Financial stability.

2-25 (l) Effective communications.

2-26 (m) Obtaining and retaining employment.

2-27 4. A director of juvenile services may:

2-28 (a) Apply for and accept grants or gifts to finance a program of

2-29 cognitive training and human development; and

2-30 (b) Contract with persons and public or private entities that are

2-31 qualified to operate or to participate in a program of cognitive training

2-32 and human development.

2-33 5. As used in this section, "director of juvenile services" means:

2-34 (a) In a judicial district that does not include a county whose

2-35 population is 100,000 or more, the chief probation officer who is

2-36 designated pursuant to NRS 62.110;

2-37 (b) In a judicial district that includes a county whose population is

2-38 100,000 or more but less than 400,000, the director of juvenile services

2-39 who is appointed pursuant to NRS 62.1225;

2-40 (c) In a judicial district that includes a county whose population is

2-41 400,000 or more:

2-42 (1) The director of juvenile services who is appointed pursuant to

2-43 NRS 62.123; or

3-1 (2) The director of the department of family, youth and juvenile

3-2 services, if such a department has been established in the judicial district

3-3 pursuant to NRS 62.126 to 62.127, inclusive; or

3-4 (d) Any other person who is designated by a person listed in

3-5 paragraph (a), (b) or (c) to carry out the provisions of this section.

3-6 Sec. 2. NRS 62.129 is hereby amended to read as follows:

3-7 62.129 1. A child alleged to be delinquent or in need of supervision

3-8 may be placed under the informal supervision of a probation officer if the

3-9 child voluntarily admits his participation in the acts for which he was

3-10 referred to the probation officer. If any of the acts would constitute a gross

3-11 misdemeanor or felony if committed by an adult, the child may not be

3-12 placed under informal supervision unless the district attorney approves of

3-13 the placement in writing. The probation officer must advise the child and

3-14 his parent, guardian or custodian that they may refuse informal

3-15 supervision.

3-16 2. An agreement for informal supervision must be entered into

3-17 voluntarily and intelligently by the child with the advice of his attorney, or

3-18 by the child with the consent of a parent, guardian or custodian if the child

3-19 is not represented by counsel. The period of informal supervision must not

3-20 exceed 180 days. The terms of the agreement must be clearly stated in

3-21 writing and signed by all parties. A copy of the agreement must be given to

3-22 the child, the attorney for the child, if any, the child’s parent, guardian or

3-23 custodian, and the probation officer, who shall retain a copy in his file for

3-24 the case. The child and his parent, guardian or custodian may terminate the

3-25 agreement at any time and request the filing of a petition for formal

3-26 adjudication.

3-27 3. An agreement for informal supervision may require a child to

3-28 [perform] :

3-29 (a) Perform public service or make restitution to the victim, if any, of

3-30 the acts for which the child was referred to the probation officer [.] ; and

3-31 (b) Complete a program of cognitive training and human development

3-32 pursuant to section 1 of this act if:

3-33 (1) The child is 14 1/2 years of age or older;

3-34 (2) The child has not previously been found to be within the

3-35 purview of this chapter; and

3-36 (3) The unlawful act for which the child is found to be within the

3-37 purview of this chapter did not involve the use or threatened use of force

3-38 or violence against a victim.

3-39 4. If an agreement for informal supervision requires a child to

3-40 complete a program of cognitive training and human development

3-41 pursuant to section 1 of this act, the agreement may also require either or

3-42 both of the following, in the following order of priority if practicable:

4-1 (a) The child or the parent or guardian of the child, to the extent of

4-2 financial ability, to pay the costs associated with the participation of the

4-3 child in the program, including, without limitation, a reasonable sum of

4-4 money to pay for the cost of policies of insurance against liability for

4-5 personal injury and damage to property during those periods in which

4-6 the child participates in the program; or

4-7 (b) The child to work on projects or perform public service pursuant

4-8 to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects

4-9 the costs associated with the participation of the child in the program.

4-10 5. If a child is placed under informal supervision, a petition based

4-11 upon the events out of which the original complaint arose may be filed

4-12 only within 180 days after entry into the agreement for informal

4-13 supervision. If a petition is filed within that period, the child may withdraw

4-14 the admission he made pursuant to subsection 1. The child’s compliance

4-15 with all proper and reasonable terms of the agreement constitute grounds

4-16 for the court to dismiss the petition.

4-17 [5.] 6. A probation officer shall file annually with the court a report of

4-18 the number of children placed under informal supervision during the

4-19 previous year, the conditions imposed in each case and the number of cases

4-20 that were successfully completed without the filing of a petition.

4-21 Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply

4-22 to any additional expenses of a local government that are related to the

4-23 provisions of this act.

4-24 Sec. 4. The amendatory provisions of this act do not apply to offenses

4-25 that were committed before October 1, 1999.

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