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
____________
Joint Sponsors: Senators Shaffer and Care
____________
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.
~
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 62.211 or 62.213, place the child under the supervision of a2-9
parole officer, for the purposes of NRS 62.405 to 62.485, inclusive, until2-10
the child is no longer attending a public school or private school within2-11
this state.2-12
(b) If the child is not committed to the custody of the division of child2-13
and family services of the department of human resources pursuant to2-14
NRS 62.211 or 62.213, place the child under the supervision of a probation2-15
officer , for the purposes of NRS 62.405 to 62.485, inclusive, until the2-16
child is no longer attending a public school or private school within this2-17
state.2-18
2-19
prohibit the child from attending a public school or private school that a2-20
victim of the sexual offense is attending.2-21
2-22
probation officer or parole officer assigned to the child each time the child2-23
expects to change the public school or private school that he is attending,2-24
not later than 20 days before the expected date of the change.2-25
2-26
financial ability, to reimburse all or part of the additional costs of2-27
transporting the child, if such costs are incurred by a county school district2-28
pursuant to NRS 392.251 to 392.271, inclusive.2-29
2-30
of NRS 62.405 to 62.485, inclusive, 392.251 to 392.271, inclusive, and2-31
394.162 to 394.167, inclusive.2-32
2. The court may authorize a superintendent or the executive head of a2-33
private school who receives notification from a probation officer or parole2-34
officer pursuant to NRS 62.465 to inform other appropriate educational2-35
personnel that the child has been adjudicated delinquent for a sexual2-36
offense.2-37
3. The court may not terminate its jurisdiction concerning the child for2-38
the purposes of carrying out the provisions of NRS 62.405 to 62.485,2-39
inclusive, until the child is no longer attending a public school or private2-40
school within this state.2-41
Sec. 6. NRS 62.465 is hereby amended to read as follows: 62.465 1. If a child has been adjudicated delinquent for a sexual2-43
offense, the probation officer or parole officer assigned to the child shall3-1
provide notification that the child has been adjudicated delinquent for a3-2
sexual offense to:3-3
(a) The superintendent of the county school district in which the child3-4
resides; or3-5
(b) If the child is attending a private school within this state, the3-6
executive head of the private school.3-7
2. If the probation officer or parole officer assigned to the child is3-8
informed by the parents or guardians of the child that the child expects to3-9
change the public school or private school he is attending or if the3-10
probation officer or parole officer otherwise becomes aware of such a3-11
change, the probation officer or parole officer shall provide notification3-12
that the child has been adjudicated delinquent for a sexual offense to:3-13
(a) The superintendent of the county school district in which the child is3-14
or will be residing; or3-15
(b) If the child is or will be attending a private school within this state,3-16
the executive head of the private school.3-17
3. Notification provided pursuant to this section must include the name3-18
of each victim of a sexual offense committed by the child if the victim is3-19
attending a public school or private school within this state.3-20
Sec. 7. NRS 62.475 is hereby amended to read as follows: 62.475 1. The court may permit a child who has been adjudicated3-22
delinquent for a sexual offense to attend a public school or private school3-23
that a victim of the sexual offense is attending if, upon the request of the3-24
child, the superintendent or the executive head of the private school:3-25
(a) The court develops and approves an alternative plan of supervision3-26
for the child that protects the safety and the interests of the victim;3-27
(b) The victim and the parents or guardians of the victim consent, in3-28
writing, to the plan;3-29
(c) The superintendent or the executive head of the private school3-30
consents, in writing, to the plan; and3-31
(d) The child and the parents or guardians of the child agree, in writing,3-32
to comply with the conditions of the plan.3-33
2. As part of an alternative plan of supervision, the court shall impose3-34
reasonable conditions on the child and, if necessary to facilitate the3-35
alternative plan, on the parents or guardians of the child. The conditions3-36
must be designed to protect the safety and the interests of the victim and to3-37
ensure that the child complies with the plan.3-38
3. Upon its own motion or upon a request from the prosecuting3-39
attorney, the victim, the parents or guardians of the victim or the probation3-40
officer or parole officer assigned to the child, the court may modify or3-41
rescind the alternative plan of supervision or a condition of the alternative3-42
plan after providing notice and an opportunity to be heard to the child, the3-43
parents or guardians of the child, the prosecuting attorney and the parties4-1
who consented to the alternative plan. If a proposed modification is4-2
reasonably likely to increase contact between the victim and the child, the4-3
court may not make the modification without the written consent of the4-4
victim and the parents or guardians of the victim. If the court rescinds the4-5
alternative plan of supervision, the child is subject to the provisions of NRS4-6
62.405 to 62.485, inclusive, as if the alternative plan had not existed.4-7
4. Before the court accepts the written consent of the victim and the4-8
parents or guardians of the victim pursuant to this section, the court shall4-9
inform them of their right to withhold consent and, except as otherwise4-10
provided in NRS 62.485, their right to have the child not attend the public4-11
school or private school the victim is attending.4-12
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 of4-14
this act, unless the context otherwise requires, the words and terms defined4-15
in NRS 62.510 to 62.550, inclusive, and section 3 of this act have the4-16
meanings ascribed to them in those sections.4-17
Sec. 9. NRS 62.570 is hereby amended to read as follows:4-18
62.570 1. In addition to the options set forth in NRS 62.211 and4-19
62.213 and in addition to any other requirements set forth in this chapter, if4-20
a child is adjudicated delinquent for an act that, if committed by an adult,4-21
would be a sexual offense, the court shall:4-22
(a) Notify the attorney general of the adjudication, so the attorney4-23
general may arrange for the assessment of the risk of recidivism of the child4-24
pursuant to the guidelines and procedures for community notification;4-25
(b)4-26
child and family services of the department of human resources pursuant4-27
to NRS 62.211 or 62.213, place the child under the supervision of a4-28
parole officer, for the purposes of NRS 62.500 to 62.600, inclusive, until4-29
the child reaches 21 years of age or is no longer subject to community4-30
notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600,4-31
inclusive;4-32
(c) If the child is not committed to the custody of the division of child4-33
and family services of the department of human resources pursuant to4-34
NRS 62.211 or 62.213, place the child under the supervision of a probation4-35
officer , for the purposes of NRS 62.500 to 62.600, inclusive, until the4-36
child reaches 21 years of age or is no longer subject to community4-37
notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600,4-38
inclusive;4-39
4-40
the child is subject to community notification as a juvenile sex offender and4-41
may be subject to registration and community notification as an adult sex4-42
offender pursuant to NRS 62.590; and5-1
5-2
the minority of the child, to inform the probation officer or parole officer5-3
assigned to the child of a change of the address at which the child resides5-4
not later than 48 hours after the change of address.5-5
2. The court may not terminate its jurisdiction concerning the child for5-6
the purposes of carrying out the provisions of NRS 62.500 to 62.600,5-7
inclusive, until the child reaches 21 years of age or is no longer subject to5-8
community notification as a juvenile sex offender pursuant to NRS 62.5005-9
to 62.600, inclusive.5-10
Sec. 10. NRS 62.580 is hereby amended to read as follows: 62.580 1. If a child has been adjudicated delinquent for a sexual5-12
offense, the probation officer or parole officer assigned to the child shall5-13
notify the local law enforcement agency in whose jurisdiction the child5-14
resides that the child:5-15
(a) Has been adjudicated delinquent for a sexual offense; and5-16
(b) Is subject to community notification as a juvenile sex offender.5-17
2. If the probation officer or parole officer assigned to the child is5-18
informed by the child or the parents or guardians of the child that the child5-19
has changed the address at which he resides, the probation officer or parole5-20
officer shall notify:5-21
(a) The local law enforcement agency in whose jurisdiction the child last5-22
resided that the child has moved; and5-23
(b) The local law enforcement agency in whose jurisdiction the child is5-24
now residing that the child:5-25
(1) Has been adjudicated delinquent for a sexual offense; and5-26
(2) Is subject to community notification as a juvenile sex offender.5-27
Sec. 11. NRS 179D.800 is hereby amended to read as follows: 179D.800 1. The attorney general shall establish guidelines and5-29
procedures for community notification concerning juvenile sex offenders5-30
who are subject to the provisions of NRS 62.500 to 62.600, inclusive. The5-31
guidelines and procedures for community notification concerning juvenile5-32
sex offenders must be, to the extent practicable, consistent with the5-33
guidelines and procedures for community notification concerning adult sex5-34
offenders established by the attorney general pursuant to NRS 179D.600 to5-35
179D.800, inclusive.5-36
2. Upon receiving notification from a probation officer or parole5-37
officer assigned to supervise a juvenile sex offender pursuant to NRS5-38
62.500 to 62.600, inclusive, the local law enforcement agency receiving the5-39
notification shall disclose information regarding the juvenile sex offender5-40
to the appropriate persons pursuant to the guidelines and procedures5-41
established by the attorney general pursuant to NRS 179D.600 to5-42
179D.800, inclusive.6-1
3. Each person who is conducting an assessment of the risk of6-2
recidivism of a juvenile sex offender must be given access to all records of6-3
the juvenile sex offender that are necessary to conduct the assessment,6-4
including, but not limited to, records compiled pursuant to chapter 62 of6-5
NRS, and the juvenile sex offender shall be deemed to have waived all6-6
rights of confidentiality and all privileges relating to those records for the6-7
limited purpose of the assessment.6-8
Sec. 12. NRS 210.290 is hereby amended to read as follows: 210.290 Inmates may be discharged from the school upon reaching the6-10
age of 18 years and6-11
years6-12
supervision of the chief of the youth parole bureau for the purposes of6-13
NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if6-14
applicable.6-15
Sec. 13. NRS 210.715 is hereby amended to read as follows: 210.715 Inmates may be discharged from the school upon reaching the6-17
age of 18 years and6-18
years6-19
supervision of the chief of the youth parole bureau for the purposes of6-20
NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if6-21
applicable.6-22
Sec. 14. NRS 210.740 is hereby amended to read as follows: 210.740 The chief of the youth parole bureau shall:6-24
1. Supervise all persons released on parole from the Nevada youth6-25
training center and the Caliente youth center, and all persons released by6-26
other states for juvenile parole in Nevada pursuant to interstate compact.6-27
2. Furnish to each person so paroled a written statement of the6-28
conditions of the parole and instructions regarding those conditions.6-29
3. Supervise each person assigned to him pursuant to NRS 62.455 or6-30
62.570.6-31
4. Keep himself informed concerning the conduct and condition of all6-32
persons under his supervision.6-33
6-34
Nevada youth training center and the Caliente youth center.6-35
Sec. 15. NRS 210.750 is hereby amended to read as follows: 210.750 1. Each person who is paroled from the Nevada youth6-37
training center or the Caliente youth center must be placed in a reputable6-38
home and in either an educational or work program or both. The chief of6-39
the youth parole bureau may pay the expenses incurred in providing6-40
alternative placements for residential programs and for structured6-41
nonresidential programs from money appropriated to the bureau for that6-42
purpose.7-1
2. The chief may accept money of parolees for safekeeping pending7-2
their discharges from parole. The chief must deposit the money in federally7-3
insured accounts in banks or savings and loan associations. He shall keep7-4
or cause to be kept a fair and full account of the money, and shall submit7-5
such reports concerning the accounts to the administrator of the division of7-6
child and family services of the department of human resources as the7-7
administrator may require.7-8
3. When any person so paroled has proven his ability to make an7-9
acceptable adjustment outside the center or, in the opinion of the chief, is7-10
no longer amenable to treatment as a juvenile, the chief shall apply to the7-11
committing court for a dismissal of all proceedings and accusations7-12
pending against the person7-13
the supervision of the chief for the purposes of NRS 62.405 to 62.485,7-14
inclusive, or 62.500 to 62.600, inclusive, if applicable.7-15
4. Before the chief recommends that the committing court revoke a7-16
person’s parole, he shall ascertain from the superintendent of the7-17
appropriate center whether adequate facilities remain available at the center7-18
to provide the necessary care for the person. If the superintendent advises7-19
that there are not such facilities available, that there is not enough money7-20
available for support of the person at the center or that the person is not7-21
suitable for admission to the center, the chief shall report that fact to the7-22
administrator of the division of child and family services, who shall7-23
recommend a suitable alternative to the court.7-24
Sec. 16. NRS 392.254 is hereby amended to read as follows: 392.254 "Notification" means a notification which indicates that a7-26
child has been adjudicated delinquent for a sexual offense and which is7-27
provided by a probation officer or parole officer pursuant to NRS 62.465.7-28
Sec. 17. NRS 394.163 is hereby amended to read as follows: 394.163 "Notification" means a notification which indicates that a7-30
child has been adjudicated delinquent for a sexual offense and which is7-31
provided by a probation officer or parole officer pursuant to NRS 62.465.~