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 any other action authorized pursuant to the

1-4 provisions of this chapter, the court may order a child who is found to be

1-5 within the purview of this chapter to complete a program of cognitive

1-6 training and human development pursuant to this section if:

1-7 (a) The child has never been found to be within the purview of this

1-8 chapter; and

1-9 (b) The unlawful act for which the child is found to be within the

1-10 purview of this chapter did not involve the use or threatened use of force

1-11 or violence against a victim.

1-12 2. If the court orders a child to complete a program of cognitive

1-13 training and human development, the court may order any or all of the

1-14 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 of

1-16 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 one or

2-13 more of the following subjects, as deemed appropriate by the court:

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) Conflict resolution.

2-27 (n) Anger management.

2-28 (o) Obtaining and retaining employment.

2-29 4. A director of juvenile services may:

2-30 (a) Apply for and accept grants or gifts to finance a program of

2-31 cognitive training and human development; and

2-32 (b) Contract with persons and public or private entities that are

2-33 qualified to operate or to participate in a program of cognitive training

2-34 and human development.

2-35 5. As used in this section, "director of juvenile services" means:

2-36 (a) In a judicial district that does not include a county whose

2-37 population is 100,000 or more, the chief probation officer who is

2-38 designated pursuant to NRS 62.110;

2-39 (b) In a judicial district that includes a county whose population is

2-40 100,000 or more but less than 400,000, the director of juvenile services

2-41 who is appointed pursuant to NRS 62.1225;

2-42 (c) In a judicial district that includes a county whose population is

2-43 400,000 or more:

3-1 (1) The director of juvenile services who is appointed pursuant to

3-2 NRS 62.123; or

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

3-4 services, if such a department has been established in the judicial district

3-5 pursuant to NRS 62.126 to 62.127, inclusive; or

3-6 (d) Any other person who is designated by a person listed in

3-7 paragraph (a), (b) or (c) to carry out the provisions of this section.

3-8 Sec. 2. NRS 62.129 is hereby amended to read as follows:

3-9 62.129 1. A child alleged to be delinquent or in need of supervision

3-10 may be placed under the informal supervision of a probation officer if the

3-11 child voluntarily admits his participation in the acts for which he was

3-12 referred to the probation officer. If any of the acts would constitute a gross

3-13 misdemeanor or felony if committed by an adult, the child may not be

3-14 placed under informal supervision unless the district attorney approves of

3-15 the placement in writing. The probation officer must advise the child and

3-16 his parent, guardian or custodian that they may refuse informal supervision.

3-17 2. An agreement for informal supervision must be entered into

3-18 voluntarily and intelligently by the child with the advice of his attorney, or

3-19 by the child with the consent of a parent, guardian or custodian if the child

3-20 is not represented by counsel. The period of informal supervision must not

3-21 exceed 180 days. The terms of the agreement must be clearly stated in

3-22 writing and signed by all parties. A copy of the agreement must be given to

3-23 the child, the attorney for the child, if any, the child’s parent, guardian or

3-24 custodian, and the probation officer, who shall retain a copy in his file for

3-25 the case. The child and his parent, guardian or custodian may terminate the

3-26 agreement at any time and request the filing of a petition for formal

3-27 adjudication.

3-28 3. An agreement for informal supervision may require a child to:

3-29 (a) Perform public service or provide restitution to any victim of the acts

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

3-31 (b) Participate in a program of restitution through work that is

3-32 established pursuant to section 1 of Senate Bill No. 77 of this [act] session

3-33 if the child:

3-34 (1) Is 14 years of age or older;

3-35 (2) Has never been found to be within the purview of this chapter for

3-36 an unlawful act that involved the use or threatened use of force or violence

3-37 against a victim and has never been found to have committed such an

3-38 unlawful act in any other jurisdiction;

3-39 (3) Is required to provide restitution to a victim; and

3-40 (4) Voluntarily agrees to participate in the program of restitution

3-41 through work [.] ;

3-42 (c) Complete a program of cognitive training and human development

3-43 pursuant to section 1 of this act if:

4-1 (1) The child has never been found to be within the purview of this

4-2 chapter; and

4-3 (2) The unlawful act for which the child is found to be within the

4-4 purview of this chapter did not involve the use or threatened use of force

4-5 or violence against a victim; or

4-6 (d) Engage in any combination of the activities set forth in

4-7 paragraphs (a), (b) and (c).

4-8 4. If an agreement for informal supervision requires a child to

4-9 participate in a program of restitution through work [,] as set forth in

4-10 paragraph (b) of subsection 3 or complete a program of cognitive

4-11 training and human development as set forth in paragraph (c) of

4-12 subsection 3, the agreement may also require any or all of the following, in

4-13 the following order of priority if practicable:

4-14 (a) The child or the parent or guardian of the child, to the extent of his

4-15 financial ability, to pay the costs associated with the participation of the

4-16 child in the program, including, without limitation, a reasonable sum of

4-17 money to pay for the cost of policies of insurance against liability for

4-18 personal injury and damage to property [or for industrial insurance, or

4-19 both,] during those periods in which the child participates in the program or

4-20 performs work, [unless,] and in the case of a program of restitution

4-21 through work, for industrial insurance, [it] unless the industrial insurance

4-22 is provided by the employer for which the child performs the work; or

4-23 (b) The child to work on projects or perform public service pursuant to

4-24 paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the

4-25 costs associated with the participation of the child in the program.

4-26 5. If a child is placed under informal supervision, a petition based upon

4-27 the events out of which the original complaint arose may be filed only

4-28 within 180 days after entry into the agreement for informal supervision. If a

4-29 petition is filed within that period, the child may withdraw the admission he

4-30 made pursuant to subsection 1. The child’s compliance with all proper and

4-31 reasonable terms of the agreement constitute grounds for the court to

4-32 dismiss the petition.

4-33 6. A probation officer shall file annually with the court a report of the

4-34 number of children placed under informal supervision during the previous

4-35 year, the conditions imposed in each case and the number of cases that

4-36 were successfully completed without the filing of a petition.

4-37 Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to

4-38 any additional expenses of a local government that are related to the

4-39 provisions of this act.

4-40 Sec. 4. The amendatory provisions of this act do not apply to offenses

4-41 that were committed before October 1, 1999.

5-1 Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on

5-2 October 1, 1999.

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