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 any other action authorized pursuant to the1-4
provisions of this chapter, the court may order a child who is found to be1-5
within the purview of this chapter to complete a program of cognitive1-6
training and human development pursuant to this section if:1-7
(a) The child has never been found to be within the purview of this1-8
chapter; and1-9
(b) The unlawful act for which the child is found to be within the1-10
purview of this chapter did not involve the use or threatened use of force1-11
or violence against a victim.1-12
2. If the court orders a child to complete a program of cognitive1-13
training and human development, the court may order any or all of the1-14
following, in the following order of priority if practicable:1-15
(a) The child or the parent or guardian of the child, to the extent of1-16
his financial ability, to pay the costs associated with the participation of1-17
the child in the program, including, without limitation, a reasonable sum2-1
of money to pay for the cost of policies of insurance against liability for2-2
personal injury and damage to property during those periods in which2-3
the child participates in the program;2-4
(b) The child to work on projects or perform public service pursuant2-5
to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects2-6
the costs associated with the participation of the child in the program; or2-7
(c) The county in which the petition alleging the child to be delinquent2-8
or in need of supervision is filed to pay the costs associated with the2-9
participation of the child in the program.2-10
3. A program of cognitive training and human development must2-11
include, without limitation, education, instruction or guidance in one or2-12
more of the following subjects, as deemed appropriate by the court:2-13
(a) Motivation.2-14
(b) Habits, attitudes and conditioning.2-15
(c) Self-conditioning processes.2-16
(d) Developing a successful way of life.2-17
(e) The process of solving problems.2-18
(f) Emotions and emotional blocks.2-19
(g) Assurances and demonstrative maturity.2-20
(h) Family success.2-21
(i) Family relationships.2-22
(j) Interfamilial understanding and communications.2-23
(k) Financial stability.2-24
(l) Effective communications.2-25
(m) Obtaining and retaining employment.2-26
4. A director of juvenile services may:2-27
(a) Apply for and accept grants or gifts to finance a program of2-28
cognitive training and human development; and2-29
(b) Contract with persons and public or private entities that are2-30
qualified to operate or to participate in a program of cognitive training2-31
and human development.2-32
5. As used in this section, "director of juvenile services" means:2-33
(a) In a judicial district that does not include a county whose2-34
population is 100,000 or more, the chief probation officer who is2-35
designated pursuant to NRS 62.110;2-36
(b) In a judicial district that includes a county whose population is2-37
100,000 or more but less than 400,000, the director of juvenile services2-38
who is appointed pursuant to NRS 62.1225;2-39
(c) In a judicial district that includes a county whose population is2-40
400,000 or more:2-41
(1) The director of juvenile services who is appointed pursuant to2-42
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 to:3-28
(a) Perform public service or provide restitution to any victim of the3-29
acts for which the child was referred to the probation officer;3-30
(b) Participate in a program of restitution through work that is3-31
established pursuant to section 1 of Senate Bill No. 77 of this3-32
if the child:3-33
(1) Is 14 years of age or older;3-34
(2) Has never been found to be within the purview of this chapter for3-35
an unlawful act that involved the use or threatened use of force or violence3-36
against a victim and has never been found to have committed such an3-37
unlawful act in any other jurisdiction;3-38
(3) Is required to provide restitution to a victim; and3-39
(4) Voluntarily agrees to participate in the program of restitution3-40
through work3-41
(c) Complete a program of cognitive training and human development3-42
pursuant to section 1 of this act if:4-1
(1) The child has never been found to be within the purview of this4-2
chapter; and4-3
(2) The unlawful act for which the child is found to be within the4-4
purview of this chapter did not involve the use or threatened use of force4-5
or violence against a victim; or4-6
(d) Engage in any combination of the activities set forth in4-7
paragraphs (a), (b) and (c).4-8
4. If an agreement for informal supervision requires a child to4-9
participate in a program of restitution through work4-10
paragraph (b) of subsection 3 or complete a program of cognitive4-11
training and human development as set forth in paragraph (c) of4-12
subsection 3, the agreement may also require any or all of the following, in4-13
the following order of priority if practicable:4-14
(a) The child or the parent or guardian of the child, to the extent of his4-15
financial ability, to pay the costs associated with the participation of the4-16
child in the program, including, without limitation, a reasonable sum of4-17
money to pay for the cost of policies of insurance against liability for4-18
personal injury and damage to property4-19
4-20
or performs work,4-21
through work, for industrial insurance,4-22
is provided by the employer for which the child performs the work; or4-23
(b) The child to work on projects or perform public service pursuant to4-24
paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the4-25
costs associated with the participation of the child in the program.4-26
5. If a child is placed under informal supervision, a petition based4-27
upon the events out of which the original complaint arose may be filed4-28
only within 180 days after entry into the agreement for informal4-29
supervision. If a petition is filed within that period, the child may withdraw4-30
the admission he made pursuant to subsection 1. The child’s compliance4-31
with all proper and reasonable terms of the agreement constitute grounds4-32
for the court to dismiss the petition.4-33
6. A probation officer shall file annually with the court a report of the4-34
number of children placed under informal supervision during the previous4-35
year, the conditions imposed in each case and the number of cases that4-36
were successfully completed without the filing of a petition.4-37
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply4-38
to any additional expenses of a local government that are related to the4-39
provisions of this act.4-40
Sec. 4. The amendatory provisions of this act do not apply to offenses4-41
that were committed before October 1, 1999.4-42
Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on4-43
October 1, 1999.~