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
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 a1-2
new section to read as follows:1-3
1. In addition to the options set forth in NRS 62.211 and 62.213, the1-4
court may order a child who is found to be within the purview of this1-5
chapter to complete a program of cognitive training and human1-6
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 purview1-9
of this chapter; and1-10
(c) The unlawful act for which the child is found to be within the1-11
purview of this chapter did not involve the use or threatened use of force1-12
or violence against a victim.1-13
2. If the court orders a child to complete a program of cognitive1-14
training and human development, the court may order any or all of the1-15
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 of1-17
his financial ability, to pay the costs associated with the participation of2-1
the child in the program, including, without limitation, a reasonable sum2-2
of money to pay for the cost of policies of insurance against liability for2-3
personal injury and damage to property during those periods in which2-4
the child participates in the program;2-5
(b) The child to work on projects or perform public service pursuant2-6
to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects2-7
the costs associated with the participation of the child in the program; or2-8
(c) The county in which the petition alleging the child to be delinquent2-9
or in need of supervision is filed to pay the costs associated with the2-10
participation of the child in the program.2-11
3. A program of cognitive training and human development must2-12
include, without limitation, education, instruction or guidance in the2-13
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 of2-29
cognitive training and human development; and2-30
(b) Contract with persons and public or private entities that are2-31
qualified to operate or to participate in a program of cognitive training2-32
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 whose2-35
population is 100,000 or more, the chief probation officer who is2-36
designated pursuant to NRS 62.110;2-37
(b) In a judicial district that includes a county whose population is2-38
100,000 or more but less than 400,000, the director of juvenile services2-39
who is appointed pursuant to NRS 62.1225;2-40
(c) In a judicial district that includes a county whose population is2-41
400,000 or more:2-42
(1) The director of juvenile services who is appointed pursuant to2-43
NRS 62.123; or3-1
(2) The director of the department of family, youth and juvenile3-2
services, if such a department has been established in the judicial district3-3
pursuant to NRS 62.126 to 62.127, inclusive; or3-4
(d) Any other person who is designated by a person listed in3-5
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: 62.129 1. A child alleged to be delinquent or in need of supervision3-8
may be placed under the informal supervision of a probation officer if the3-9
child voluntarily admits his participation in the acts for which he was3-10
referred to the probation officer. If any of the acts would constitute a gross3-11
misdemeanor or felony if committed by an adult, the child may not be3-12
placed under informal supervision unless the district attorney approves of3-13
the placement in writing. The probation officer must advise the child and3-14
his parent, guardian or custodian that they may refuse informal3-15
supervision.3-16
2. An agreement for informal supervision must be entered into3-17
voluntarily and intelligently by the child with the advice of his attorney, or3-18
by the child with the consent of a parent, guardian or custodian if the child3-19
is not represented by counsel. The period of informal supervision must not3-20
exceed 180 days. The terms of the agreement must be clearly stated in3-21
writing and signed by all parties. A copy of the agreement must be given to3-22
the child, the attorney for the child, if any, the child’s parent, guardian or3-23
custodian, and the probation officer, who shall retain a copy in his file for3-24
the case. The child and his parent, guardian or custodian may terminate the3-25
agreement at any time and request the filing of a petition for formal3-26
adjudication.3-27
3. An agreement for informal supervision may require a child to3-28
3-29
(a) Perform public service or make restitution to the victim, if any, of3-30
the acts for which the child was referred to the probation officer3-31
(b) Complete a program of cognitive training and human development3-32
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 the3-35
purview of this chapter; and3-36
(3) The unlawful act for which the child is found to be within the3-37
purview of this chapter did not involve the use or threatened use of force3-38
or violence against a victim.3-39
4. If an agreement for informal supervision requires a child to3-40
complete a program of cognitive training and human development3-41
pursuant to section 1 of this act, the agreement may also require either or3-42
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 of4-2
financial ability, to pay the costs associated with the participation of the4-3
child in the program, including, without limitation, a reasonable sum of4-4
money to pay for the cost of policies of insurance against liability for4-5
personal injury and damage to property during those periods in which4-6
the child participates in the program; or4-7
(b) The child to work on projects or perform public service pursuant4-8
to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects4-9
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 based4-11
upon the events out of which the original complaint arose may be filed4-12
only within 180 days after entry into the agreement for informal4-13
supervision. If a petition is filed within that period, the child may withdraw4-14
the admission he made pursuant to subsection 1. The child’s compliance4-15
with all proper and reasonable terms of the agreement constitute grounds4-16
for the court to dismiss the petition.4-17
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the number of children placed under informal supervision during the4-19
previous year, the conditions imposed in each case and the number of cases4-20
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 apply4-22
to any additional expenses of a local government that are related to the4-23
provisions of this act.4-24
Sec. 4. The amendatory provisions of this act do not apply to offenses4-25
that were committed before October 1, 1999.~