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. NRS 62.040 is hereby amended to read as follows:

1-2 62.040 1. Except if the child involved is subject to the exclusive

1-3 jurisdiction of an Indian tribe, and except as otherwise provided in this

1-4 chapter, the court has exclusive original jurisdiction in proceedings:

1-5 (a) Concerning any child living or found within the county who is in

1-6 need of supervision because he:

1-7 (1) Is a child who is subject to compulsory school attendance and is a

1-8 habitual truant from school;

1-9 (2) Habitually disobeys the reasonable and lawful demands of his

1-10 parents, guardian or other custodian, and is unmanageable; or

2-1 (3) Deserts, abandons or runs away from his home or usual place of
2-2 abode,

2-3 and is in need of care or rehabilitation. The child must not be considered a

2-4 delinquent.

2-5 (b) Concerning any child living or found within the county who has

2-6 committed a delinquent act. A child commits a delinquent act if he violates

2-7 a county or municipal ordinance or any rule or regulation having the force

2-8 of law, or he commits an act designated a crime under the law of the State

2-9 of Nevada.

2-10 (c) Concerning any child in need of commitment to an institution for

2-11 the mentally retarded.

2-12 2. For the purposes of subsection 1, each of the following acts shall be

2-13 deemed not to be a delinquent act, and the court does not have jurisdiction

2-14 of a person who is charged with committing such an act:

2-15 (a) Murder or attempted murder and any other related offense arising

2-16 out of the same facts as the murder or attempted murder, regardless of the

2-17 nature of the related offense.

2-18 (b) Sexual assault or attempted sexual assault involving the use or

2-19 threatened use of force or violence against the victim and any other related

2-20 offense arising out of the same facts as the sexual assault or attempted

2-21 sexual assault, regardless of the nature of the related offense, if:

2-22 (1) The person was 16 years of age or older when the sexual assault

2-23 or attempted sexual assault was committed; and

2-24 (2) Before the sexual assault or attempted sexual assault was

2-25 committed, the person previously had been adjudicated delinquent for an

2-26 act that would have been a felony if committed by an adult.

2-27 (c) An offense or attempted offense involving the use or threatened use

2-28 of a firearm and any other related offense arising out of the same facts as

2-29 the offense or attempted offense involving the use or threatened use of a

2-30 firearm, regardless of the nature of the related offense, if:

2-31 (1) The person was 16 years of age or older when the offense or

2-32 attempted offense involving the use or threatened use of a firearm was

2-33 committed; and

2-34 (2) Before the offense or attempted offense involving the use or

2-35 threatened use of a firearm was committed, the person previously had been

2-36 adjudicated delinquent for an act that would have been a felony if

2-37 committed by an adult.

2-38 (d) Any other offense if, before the offense was committed, the person

2-39 previously had been convicted of a criminal offense.

2-40 3. If a child is charged with a minor traffic offense, the court may

2-41 transfer the case and record to a justice’s or municipal court if the judge

2-42 determines that it is in the best interest of the child. If a case is so

2-43 transferred:

3-1 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

3-2 applicable in those proceedings; and

3-3 (b) The child must be accompanied at all proceedings by a parent or

3-4 legal guardian.

3-5 With the consent of the judge of the juvenile division, the case may be

3-6 transferred back to the juvenile court.

3-7 Sec. 2. NRS 62.170 is hereby amended to read as follows:

3-8 62.170 1. Except as otherwise provided in NRS 62.175, any peace

3-42 property;

4-1 (b) The child will run away or be taken away so as to be unavailable for

4-2 proceedings of the court or to its officers;

4-3 (c) The child was brought to the probation officer pursuant to a court

4-4 order or warrant; or

4-5 (d) The child is a fugitive from another jurisdiction.

4-6 [4.] 5. A child not alleged to be delinquent or in need of supervision

4-7 must not at any time be confined or detained in a facility for the secure

4-8 detention of juveniles or any police station, lockup, jail, prison or other

4-9 facility in which adults are detained or confined.

4-10 [5.] 6. A child under 18 years of age must not at any time be confined

4-11 or detained in any police station, lockup, jail, prison or other facility where

4-12 the child has regular contact with any adult convicted of a crime or under

4-13 arrest and charged with a crime, unless:

4-14 (a) The child is alleged to be delinquent;

4-15 (b) An alternative facility is not available; and

4-16 (c) The child is separated by sight and sound from any adults who are

4-17 confined or detained therein.

4-18 [6.] 7. A child alleged to be delinquent who is taken into custody and

4-19 detained must be given a detention hearing, conducted by the judge or

4-20 master:

4-21 (a) Within 24 hours after the child submits a written application;

4-22 (b) In a county whose population is less than 100,000, within 24 hours

4-23 after the commencement of detention at a police station, lockup, jail,

4-24 prison or other facility in which adults are detained or confined;

4-25 (c) In a county whose population is 100,000 or more, within 6 hours

4-26 after the commencement of detention at a police station, lockup, jail,

4-27 prison or other facility in which adults are detained or confined; or

4-28 (d) Within 72 hours after the commencement of detention at a facility in

4-29 which adults are not detained or confined,

4-30 whichever occurs first, excluding Saturdays, Sundays and holidays. A

4-31 child must not be released after a detention hearing without the written

4-32 consent of the judge or master.

4-33 [7.] 8. If the parent, guardian or custodian of the child appears with or

4-34 on behalf of the child at a detention hearing, the judge or master shall

4-35 provide to him a certificate of attendance which he may provide to his

4-36 employer. The certificate of attendance must set forth the date and time of

4-37 appearance and the provisions of NRS 62.900. The certificate of

4-38 attendance must not set forth the name of the child or the offense alleged.

4-39 [8.] 9. A child who is taken into custody and detained must, if alleged

4-40 to be a child in need of supervision, be released within 24 hours, excluding

4-41 Saturdays, Sundays and holidays, after his initial contact with a peace

4-42 officer to his parent, guardian or custodian, to any other person who is able

5-1 to provide adequate care and supervision, or to shelter care, except as

5-2 otherwise provided in subsection [9] 10 or unless the court holds a

5-3 detention hearing and determines the child:

5-4 (a) Has threatened to run away from home or from the shelter;

5-5 (b) Is accused of violent behavior at home; or

5-6 (c) Is accused of violating the terms of his supervision and consent

5-7 decree.

5-8 If the court makes such a determination, the child may be detained for an

5-9 additional 24 hours after the hearing, excluding Saturdays, Sundays and

5-10 holidays, if needed by the court to make an alternative placement. Such an

5-11 alternative placement must be in a facility in which there are no physically

5-12 restraining devices or barriers. A child must not be detained pursuant to

5-13 this subsection for a total period in excess of 48 hours, excluding

5-14 Saturdays, Sundays and holidays.

5-15 [9.] 10. A child alleged to be in need of supervision who is taken into

5-16 custody and detained need not be released within 24 hours, excluding

5-17 Saturdays, Sundays and holidays, after his initial contact with a peace

5-18 officer to his parent, guardian or custodian, to any other person who is able

5-19 to provide adequate care and supervision, or to a shelter for care, if the

5-20 court holds a detention hearing and determines the child:

5-21 (a) Is a ward of a federal court or held pursuant to federal statute;

5-22 (b) Has run away from another state and a jurisdiction within the state

5-23 has issued a want, warrant or request for the child; or

5-24 (c) Is accused of violating a valid court order.

5-25 If the court makes such a determination, the child may be detained for such

5-26 an additional period as necessary for the court to return the child to the

5-27 jurisdiction from which he originated or to make an alternative placement.

5-28 Such an alternative placement must be in a facility in which there are no

5-29 physically restraining devices or barriers.

5-30 [10.] 11. During the pendency of a criminal or quasi-criminal charge

5-31 of a crime excluded from the original jurisdiction of the court pursuant to

5-32 NRS 62.040, a child may petition the juvenile division for temporary

5-33 placement in a facility for the detention of juveniles.

5-34 [11.] 12. In determining whether to release a child pursuant to this

5-35 section to a person other than his parent, guardian or custodian, preference

5-36 must be given to any person related within the third degree of

5-37 consanguinity to the child who is suitable and able to provide proper care

5-38 and guidance for the child.