Assembly Bill No. 443–Committee on Judiciary

(On Behalf of Clark County)

March 10, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes juvenile court to require parent or guardian of child who is on probation or parole to pay costs associated with supervision of child. (BDR 5-574)

FISCAL NOTE: Effect on Local Government: No.

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 the juvenile court; authorizing the juvenile court to require the parent or guardian of a child who is on probation or parole to pay costs associated with the supervision of the child while the child is on probation or parole; 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. NRS 62.211 is hereby amended to read as follows:

1-2 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and

1-3 62.2245, if the court finds that a child is within the purview of this chapter

1-4 it shall so decree and may:

1-5 (a) Place the child under supervision in his own home or in the custody

1-6 of a suitable person elsewhere, upon such conditions as the court may

1-7 determine. A program of supervision in the home may include electronic

1-8 surveillance of the child. The legislature declares that a program of

1-9 supervision that includes electronic surveillance is intended as an

1-10 alternative to commitment and not as an alternative to probation, informal

1-11 supervision or a supervision and consent decree.

1-12 (b) Commit the child to the custody of a public or private institution or

1-13 agency authorized to care for children, or place him in a home with a

1-14 family. In committing a child to a private institution or agency the court

1-15 shall select one that is required to be licensed by the department of human

2-1 resources to care for such children, or, if the institution or agency is in

2-2 another state, by the analogous department of that state. The court shall not

2-3 commit a female child to a private institution without prior approval of the

2-4 superintendent of the Caliente youth center, and shall not commit a male

2-5 child to a private institution without prior approval of the superintendent of

2-6 the Nevada youth training center.

2-7 (c) Order such medical, psychiatric, psychological or other care and

2-8 treatment as the court deems to be for the best interests of the child, except

2-9 as otherwise provided in this section.

2-10 (d) Order the parent, guardian, custodian or any other person to refrain

2-11 from continuing the conduct which, in the opinion of the court, has caused

2-12 or tended to cause the child to come within or remain under the provisions

2-13 of this chapter.

2-14 (e) If the child is less than 18 years of age, order:

2-15 (1) The parent, guardian or custodian of the child; and

2-16 (2) Any brother, sister or other person who is living in the same

2-17 household as the child over whom the court has jurisdiction,

2-18 to attend or participate in counseling, with or without the child, including,

2-19 but not limited to, counseling regarding parenting skills, alcohol or

2-20 substance abuse, or techniques of dispute resolution.

2-21 (f) Order the parent or guardian of the child to participate in a program

2-22 designed to provide restitution to the victim of an act committed by the

2-23 child or to perform public service.

2-24 (g) Order the parent or guardian of the child to pay all or part of the cost

2-25 of the proceedings, including, but not limited to, reasonable attorney’s

2-26 fees, any costs incurred by the court and any costs incurred in the

2-27 investigation of an act committed by the child and the taking into custody

2-28 of the child.

2-29 (h) Order the suspension of the [child’s] driver’s license of the child for

2-30 at least 90 days but not more than 2 years. If the child does not possess a

2-31 driver’s license, the court may prohibit the child from receiving a driver’s

2-32 license for at least 90 days but not more than 2 years:

2-33 (1) Immediately following the date of the order, if the child is eligible

2-34 to receive a driver’s license.

2-35 (2) After the date he becomes eligible to apply for a driver’s license,

2-36 if the child is not eligible to receive a license on the date of the order.

2-37 If the court issues an order suspending the driver’s license of a child

2-38 pursuant to this paragraph, the judge shall require the child to surrender to

2-39 the court all driver’s licenses then held by the child. The court shall, within

2-40 5 days after issuing the order, forward to the department of motor vehicles

2-41 and public safety the licenses, together with a copy of the order. If,

2-42 pursuant to this paragraph, the court issues an order delaying the ability of

2-43 a child to receive a driver’s license, the court shall, within 5 days after

3-1 issuing the order, forward to the department of motor vehicles and public

3-2 safety a copy of the order. The department of motor vehicles and public

3-3 safety shall report a suspension pursuant to this paragraph to an insurance

3-4 company or its agent inquiring about the child’s driving record, but such a

3-5 suspension must not be considered for the purpose of rating or

3-6 underwriting. The department of motor vehicles and public safety shall not

3-7 require the child to submit to the tests and other requirements which are

3-8 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

3-9 condition of reinstatement or reissuance after a suspension of his license

3-10 pursuant to this paragraph, unless the suspension resulted from his poor

3-11 performance as a driver.

3-12 (i) Place the child, when he is not in school, under the supervision of:

3-13 (1) A public organization to work on public projects;

3-14 (2) A public agency to work on projects to eradicate graffiti; or

3-15 (3) A private nonprofit organization to perform other public service.

3-16 The person under whose supervision the child is placed shall keep the child

3-17 busy and well supervised and shall make such reports to the court as it may

3-18 require. As a condition of such a placement, the court may require the

3-19 child or his parent or guardian to deposit with the court a reasonable sum

3-20 of money to pay for the cost of policies of insurance against liability for

3-21 personal injury and damage to property or for industrial insurance, or both,

3-22 during those periods in which he performs the work, unless, in the case of

3-23 industrial insurance, it is provided by the organization or agency for which

3-24 he performs the work.

3-25 (j) Permit the child to reside in a residence without the immediate

3-26 supervision of an adult, or exempt the child from mandatory attendance at

3-27 school so that the child may be employed full time, or both, if the child is

3-28 at least 16 years of age, has demonstrated the capacity to benefit from this

3-29 placement or exemption and is under the strict supervision of the juvenile

3-30 division.

3-31 (k) Require the child to provide restitution to the victim of the crime

3-32 which the child has committed.

3-33 (l) Impose a fine on the child. If a fine is imposed, the court shall

3-34 impose an administrative assessment pursuant to NRS 62.223.

3-35 (m) If the child has not previously been found to be within the purview

3-36 of this chapter and if the 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 or

3-38 violence, order the child to participate in a publicly or privately operated

3-39 program of sports or physical fitness. If the court orders the child to

3-40 participate in such a program, the court may order any or all of the

3-41 following, in the following order of priority if practicable:

3-42 (1) The parent or guardian of the child, to the extent of his financial

3-43 ability, to pay the costs associated with the participation of the child in the

4-1 program, including, but not limited to, a reasonable sum of money to pay

4-2 for the cost of policies of insurance against liability for personal injury and

4-3 damage to property during those periods in which the child participates in

4-4 the program;

4-5 (2) The child to work on projects or perform public service pursuant

4-6 to paragraph (i) for a period that reflects the costs associated with the

4-7 participation of the child in the program; or

4-8 (3) The county in which the petition alleging the child to be

4-9 delinquent or in need of supervision is filed to pay the costs associated

4-10 with the participation of the child in the program.

4-11 2. If the court finds that a child who is less than 17 years of age has

4-12 committed a delinquent act, the court may order the parent or guardian of

4-13 the child to pay any fines and penalties imposed for the delinquent act. If

4-14 the parent or guardian is unable to pay the fines and penalties imposed

4-15 because of financial hardship, the court may require the parent or guardian

4-16 to perform community service.

4-17 3. If the court orders that a child be placed under the supervision of

4-18 a probation officer pursuant to this section, the court may order the

4-19 parent or guardian of the child, to the extent of his financial ability, to

4-20 pay the costs associated with the supervision of the child by the probation

4-21 officer.

4-22 4. At the time of disposition of a case concerning a child found to be

4-23 within the purview of this chapter, the court may order the parent or

4-24 guardian of the child, to the extent of his financial ability, to pay the

4-25 costs associated with the supervision of the child by the chief of the youth

4-26 parole bureau of the division of child and family services of the

4-27 department of human resources, if such costs for supervision of the child

4-28 are incurred at any time after disposition of the case.

4-29 5. In determining the appropriate disposition of a case concerning a

4-30 child found to be within the purview of this chapter, the court shall

4-31 consider whether the act committed by the child involved the use of a

4-32 firearm or the use or threatened use of force or violence against the victim

4-33 of the act and whether the child is a serious or chronic offender. If the

4-34 court finds that the act committed by the child involved the use of a

4-35 firearm or the use or threatened use of force or violence against the victim

4-36 or that the child is a serious or chronic offender, the court shall include the

4-37 finding in its order and may, in addition to the options set forth in

4-38 [subsections 1 and 2 of] this section and NRS 62.213:

4-39 (a) Commit the child for confinement in a secure facility, including a

4-40 facility which is secured by its staff.

4-41 (b) Impose any other punitive measures the court determines to be in

4-42 the best interests of the public or the child.

5-1 [4.] 6. Except as otherwise provided in NRS 62.455 and 62.570, at any

5-2 time, either on its own volition or for good cause shown, the court may

5-3 terminate its jurisdiction concerning the child.

5-4 [5.] 7. Whenever the court commits a child to any institution or agency

5-5 pursuant to this section or NRS 62.213, it shall transmit a summary of its

5-6 information concerning the child and order the administrator of the school

5-7 that the child last attended to transmit a copy of the child’s educational

5-8 records to the institution or agency. The institution or agency shall give to

5-9 the court any information concerning the child that the court may require.

5-10 [6.] 8. In determining whether to place a child pursuant to this section

5-11 in the custody of a person other than his parent, guardian or custodian,

5-12 preference must be given to any person related within the third degree of

5-13 consanguinity to the child whom the court finds suitable and able to

5-14 provide proper care and guidance for the child.

5-15 Sec. 2. The amendatory provisions of this act apply to children who

5-16 are found to be within the purview of chapter 62 of NRS pursuant to NRS

5-17 62.211 on or after July 1, 1999.

5-18 Sec. 3. This act becomes effective on July 1, 1999.

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