Assembly Bill No. 511–Assemblymen Ohrenschall, Carpenter, Buckley, Anderson, Manendo, Nolan, Claborn, McClain, Koivisto, Williams, Price, Gibbons, Neighbors, Parks, Giunchigliani, Beers, Lee, Berman, Arberry and Bache
March 12, 1999
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Joint Sponsors: Senators Shaffer and Care
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Referred to Committee on Judiciary
SUMMARY—Makes various changes to provisions governing supervision of juvenile sex offenders. (BDR 5-836)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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 thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. "Parole officer" means the chief of the youth parole bureau1-4
of the division of child and family services of the department of human1-5
resources or his designee.1-6
Sec. 3. "Parole officer" means the chief of the youth parole bureau1-7
of the division of child and family services of the department of human1-8
resources or his designee.1-9
Sec. 4. NRS 62.405 is hereby amended to read as follows: 62.405 As used in NRS 62.405 to 62.485, inclusive, and section 2 of1-11
this act, unless the context otherwise requires, the words and terms defined1-12
in NRS 62.415 to 62.445, inclusive, and section 2 of this act have the1-13
meanings ascribed to them in those sections.2-1
Sec. 5. NRS 62.455 is hereby amended to read as follows: 62.455 1. In addition to the options set forth in NRS 62.211 and2-3
62.213 and in addition to any other requirements set forth in this chapter, if2-4
a child is adjudicated delinquent for an act that, if committed by an adult,2-5
would be a sexual offense, the court shall:2-6
(a)2-7
child and family services of the department of human resources pursuant2-8
to NRS 62.213, place the child under the supervision of a parole officer,2-9
for the purposes of NRS 62.405 to 62.485, inclusive, until the child is no2-10
longer attending a public school or private school within this state.2-11
(b) If the child is not committed to the custody of the division of child2-12
and family services of the department of human resources pursuant to2-13
NRS 62.213, place the child under the supervision of a probation officer ,2-14
for the purposes of NRS 62.405 to 62.485, inclusive, until the child is no2-15
longer attending a public school or private school within this state.2-16
2-17
prohibit the child from attending a public school or private school that a2-18
victim of the sexual offense is attending.2-19
2-20
probation officer or parole officer assigned to the child each time the child2-21
expects to change the public school or private school that he is attending,2-22
not later than 20 days before the expected date of the change.2-23
2-24
their financial ability, to reimburse all or part of the additional costs of2-25
transporting the child, if such costs are incurred by a county school district2-26
pursuant to NRS 392.251 to 392.271, inclusive.2-27
2-28
of NRS 62.405 to 62.485, inclusive, 392.251 to 392.271, inclusive, and2-29
394.162 to 394.167, inclusive.2-30
2. The court may authorize a superintendent or the executive head of a2-31
private school who receives notification from a probation officer or parole2-32
officer pursuant to NRS 62.465 to inform other appropriate educational2-33
personnel that the child has been adjudicated delinquent for a sexual2-34
offense.2-35
3. The court may not terminate its jurisdiction concerning the child for2-36
the purposes of carrying out the provisions of NRS 62.405 to 62.485,2-37
inclusive, until the child is no longer attending a public school or private2-38
school within this state.2-39
Sec. 6. NRS 62.465 is hereby amended to read as follows: 62.465 1. If a child has been adjudicated delinquent for a sexual2-41
offense, the probation officer or parole officer assigned to the child shall2-42
provide notification that the child has been adjudicated delinquent for a2-43
sexual offense to:3-1
(a) The superintendent of the county school district in which the child3-2
resides; or3-3
(b) If the child is attending a private school within this state, the3-4
executive head of the private school.3-5
2. If the probation officer or parole officer assigned to the child is3-6
informed by the parents or guardians of the child that the child expects to3-7
change the public school or private school he is attending or if the3-8
probation officer or parole officer otherwise becomes aware of such a3-9
change, the probation officer or parole officer shall provide notification3-10
that the child has been adjudicated delinquent for a sexual offense to:3-11
(a) The superintendent of the county school district in which the child is3-12
or will be residing; or3-13
(b) If the child is or will be attending a private school within this state,3-14
the executive head of the private school.3-15
3. Notification provided pursuant to this section must include the name3-16
of each victim of a sexual offense committed by the child if the victim is3-17
attending a public school or private school within this state.3-18
Sec. 7. NRS 62.475 is hereby amended to read as follows: 62.475 1. The court may permit a child who has been adjudicated3-20
delinquent for a sexual offense to attend a public school or private school3-21
that a victim of the sexual offense is attending if, upon the request of the3-22
child, the superintendent or the executive head of the private school:3-23
(a) The court develops and approves an alternative plan of supervision3-24
for the child that protects the safety and the interests of the victim;3-25
(b) The victim and the parents or guardians of the victim consent, in3-26
writing, to the plan;3-27
(c) The superintendent or the executive head of the private school3-28
consents, in writing, to the plan; and3-29
(d) The child and the parents or guardians of the child agree, in writing,3-30
to comply with the conditions of the plan.3-31
2. As part of an alternative plan of supervision, the court shall impose3-32
reasonable conditions on the child and, if necessary to facilitate the3-33
alternative plan, on the parents or guardians of the child. The conditions3-34
must be designed to protect the safety and the interests of the victim and to3-35
ensure that the child complies with the plan.3-36
3. Upon its own motion or upon a request from the prosecuting3-37
attorney, the victim, the parents or guardians of the victim or the probation3-38
officer or parole officer assigned to the child, the court may modify or3-39
rescind the alternative plan of supervision or a condition of the alternative3-40
plan after providing notice and an opportunity to be heard to the child, the3-41
parents or guardians of the child, the prosecuting attorney and the parties3-42
who consented to the alternative plan. If a proposed modification is3-43
reasonably likely to increase contact between the victim and the child, the4-1
court may not make the modification without the written consent of the4-2
victim and the parents or guardians of the victim. If the court rescinds the4-3
alternative plan of supervision, the child is subject to the provisions of4-4
NRS 62.405 to 62.485, inclusive, as if the alternative plan had not existed.4-5
4. Before the court accepts the written consent of the victim and the4-6
parents or guardians of the victim pursuant to this section, the court shall4-7
inform them of their right to withhold consent and, except as otherwise4-8
provided in NRS 62.485, their right to have the child not attend the public4-9
school or private school the victim is attending.4-10
Sec. 8. NRS 62.500 is hereby amended to read as follows: 62.500 As used in NRS 62.500 to 62.600, inclusive, and section 3 of4-12
this act, unless the context otherwise requires, the words and terms defined4-13
in NRS 62.510 to 62.550, inclusive, and section 3 of this act have the4-14
meanings ascribed to them in those sections.4-15
Sec. 9. NRS 62.570 is hereby amended to read as follows:4-16
62.570 1. In addition to the options set forth in NRS 62.211 and4-17
62.213 and in addition to any other requirements set forth in this chapter, if4-18
a child is adjudicated delinquent for an act that, if committed by an adult,4-19
would be a sexual offense, the court shall:4-20
(a) Notify the attorney general of the adjudication, so the attorney4-21
general may arrange for the assessment of the risk of recidivism of the4-22
child pursuant to the guidelines and procedures for community4-23
notification;4-24
(b)4-25
child and family services of the department of human resources pursuant4-26
to NRS 62.213, place the child under the supervision of a parole officer,4-27
for the purposes of NRS 62.500 to 62.600, inclusive, until the child4-28
reaches 21 years of age or is no longer subject to community notification4-29
as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive;4-30
(c) If the child is not committed to the custody of the division of child4-31
and family services of the department of human resources pursuant to4-32
NRS 62.213, place the child under the supervision of a probation officer ,4-33
for the purposes of NRS 62.500 to 62.600, inclusive, until the child4-34
reaches 21 years of age or is no longer subject to community notification4-35
as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive;4-36
4-37
the child is subject to community notification as a juvenile sex offender4-38
and may be subject to registration and community notification as an adult4-39
sex offender pursuant to NRS 62.590; and4-40
4-41
during the minority of the child, to inform the probation officer or parole4-42
officer assigned to the child of a change of the address at which the child4-43
resides not later than 48 hours after the change of address.5-1
2. The court may not terminate its jurisdiction concerning the child for5-2
the purposes of carrying out the provisions of NRS 62.500 to 62.600,5-3
inclusive, until the child reaches 21 years of age or is no longer subject to5-4
community notification as a juvenile sex offender pursuant to NRS 62.5005-5
to 62.600, inclusive.5-6
Sec. 10. NRS 62.580 is hereby amended to read as follows: 62.580 1. If a child has been adjudicated delinquent for a sexual5-8
offense, the probation officer or parole officer assigned to the child shall5-9
notify the local law enforcement agency in whose jurisdiction the child5-10
resides that the child:5-11
(a) Has been adjudicated delinquent for a sexual offense; and5-12
(b) Is subject to community notification as a juvenile sex offender.5-13
2. If the probation officer or parole officer assigned to the child is5-14
informed by the child or the parents or guardians of the child that the child5-15
has changed the address at which he resides, the probation officer or5-16
parole officer shall notify:5-17
(a) The local law enforcement agency in whose jurisdiction the child5-18
last resided that the child has moved; and5-19
(b) The local law enforcement agency in whose jurisdiction the child is5-20
now residing that the child:5-21
(1) Has been adjudicated delinquent for a sexual offense; and5-22
(2) Is subject to community notification as a juvenile sex offender.5-23
Sec. 11. NRS 179D.800 is hereby amended to read as follows: 179D.800 1. The attorney general shall establish guidelines and5-25
procedures for community notification concerning juvenile sex offenders5-26
who are subject to the provisions of NRS 62.500 to 62.600, inclusive. The5-27
guidelines and procedures for community notification concerning juvenile5-28
sex offenders must be, to the extent practicable, consistent with the5-29
guidelines and procedures for community notification concerning adult sex5-30
offenders established by the attorney general pursuant to NRS 179D.600 to5-31
179D.800, inclusive.5-32
2. Upon receiving notification from a probation officer or parole5-33
officer assigned to supervise a juvenile sex offender pursuant to NRS5-34
62.500 to 62.600, inclusive, the local law enforcement agency receiving5-35
the notification shall disclose information regarding the juvenile sex5-36
offender to the appropriate persons pursuant to the guidelines and5-37
procedures established by the attorney general pursuant to NRS 179D.6005-38
to 179D.800, inclusive.5-39
3. Each person who is conducting an assessment of the risk of5-40
recidivism of a juvenile sex offender must be given access to all records of5-41
the juvenile sex offender that are necessary to conduct the assessment,5-42
including, but not limited to, records compiled pursuant to chapter 62 of5-43
NRS, and the juvenile sex offender shall be deemed to have waived all6-1
rights of confidentiality and all privileges relating to those records for the6-2
limited purpose of the assessment.6-3
Sec. 12. NRS 210.290 is hereby amended to read as follows: 210.290 Inmates may be discharged from the school upon reaching the6-5
age of 18 years and6-6
years6-7
supervision of the chief of the youth parole bureau for the purposes of6-8
NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if6-9
applicable.6-10
Sec. 13. NRS 210.715 is hereby amended to read as follows: 210.715 Inmates may be discharged from the school upon reaching the6-12
age of 18 years and6-13
years6-14
supervision of the chief of the youth parole bureau for the purposes of6-15
NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if6-16
applicable.6-17
Sec. 14. NRS 210.740 is hereby amended to read as follows: 210.740 The chief of the youth parole bureau shall:6-19
1. Supervise all persons released on parole from the Nevada youth6-20
training center and the Caliente youth center, and all persons released by6-21
other states for juvenile parole in Nevada pursuant to interstate compact.6-22
2. Furnish to each person so paroled a written statement of the6-23
conditions of the parole and instructions regarding those conditions.6-24
3. Supervise each person assigned to him pursuant to NRS 62.455 or6-25
62.570.6-26
4. Keep himself informed concerning the conduct and condition of all6-27
persons under his supervision.6-28
6-29
the Nevada youth training center and the Caliente youth center.6-30
Sec. 15. NRS 210.750 is hereby amended to read as follows: 210.750 1. Each person who is paroled from the Nevada youth6-32
training center or the Caliente youth center must be placed in a reputable6-33
home and in either an educational or work program or both. The chief of6-34
the youth parole bureau may pay the expenses incurred in providing6-35
alternative placements for residential programs and for structured6-36
nonresidential programs from money appropriated to the bureau for that6-37
purpose.6-38
2. The chief may accept money of parolees for safekeeping pending6-39
their discharges from parole. The chief must deposit the money in federally6-40
insured accounts in banks or savings and loan associations. He shall keep6-41
or cause to be kept a fair and full account of the money, and shall submit6-42
such reports concerning the accounts to the administrator of the division of7-1
child and family services of the department of human resources as the7-2
administrator may require.7-3
3. When any person so paroled has proven his ability to make an7-4
acceptable adjustment outside the center or, in the opinion of the chief, is7-5
no longer amenable to treatment as a juvenile, the chief shall apply to the7-6
committing court for a dismissal of all proceedings and accusations7-7
pending against the person7-8
the supervision of the chief for the purposes of NRS 62.405 to 62.485,7-9
inclusive, or 62.500 to 62.600, inclusive, if applicable.7-10
4. Before the chief recommends that the committing court revoke a7-11
person’s parole, he shall ascertain from the superintendent of the7-12
appropriate center whether adequate facilities remain available at the7-13
center to provide the necessary care for the person. If the superintendent7-14
advises that there are not such facilities available, that there is not enough7-15
money available for support of the person at the center or that the person is7-16
not suitable for admission to the center, the chief shall report that fact to7-17
the administrator of the division of child and family services, who shall7-18
recommend a suitable alternative to the court.7-19
Sec. 16. NRS 392.254 is hereby amended to read as follows: 392.254 "Notification" means a notification which indicates that a7-21
child has been adjudicated delinquent for a sexual offense and which is7-22
provided by a probation officer or parole officer pursuant to NRS 62.465.7-23
Sec. 17. NRS 394.163 is hereby amended to read as follows: 394.163 "Notification" means a notification which indicates that a7-25
child has been adjudicated delinquent for a sexual offense and which is7-26
provided by a probation officer or parole officer pursuant to NRS 62.465.~