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 [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 juvenile courts; revising the provisions governing the supervision of certain juvenile sex offenders who are subject to certain notification requirements; 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

1-2 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 bureau

1-4 of the division of child and family services of the department of human

1-5 resources or his designee.

1-6 Sec. 3. "Parole officer" means the chief of the youth parole bureau

1-7 of the division of child and family services of the department of human

1-8 resources or his designee.

1-9 Sec. 4. NRS 62.405 is hereby amended to read as follows:

1-10 62.405 As used in NRS 62.405 to 62.485, inclusive, and section 2 of

1-11 this act, unless the context otherwise requires, the words and terms defined

1-12 in NRS 62.415 to 62.445, inclusive, and section 2 of this act have the

1-13 meanings ascribed to them in those sections.

2-1 Sec. 5. NRS 62.455 is hereby amended to read as follows:

2-2 62.455 1. In addition to the options set forth in NRS 62.211 and

2-3 62.213 and in addition to any other requirements set forth in this chapter, if

2-4 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) [Place] If the child is committed to the custody of the division of

2-7 child and family services of the department of human resources pursuant

2-8 to NRS 62.211 or 62.213, place the child under the supervision of a

2-9 parole officer, for the purposes of NRS 62.405 to 62.485, inclusive, until

2-10 the child is no longer attending a public school or private school within

2-11 this state.

2-12 (b) If the child is not committed to the custody of the division of child

2-13 and family services of the department of human resources pursuant to

2-14 NRS 62.211 or 62.213, place the child under the supervision of a probation

2-15 officer , for the purposes of NRS 62.405 to 62.485, inclusive, until the

2-16 child is no longer attending a public school or private school within this

2-17 state.

2-18 [(b)] (c) Except as otherwise provided in NRS 62.475 and 62.485,

2-19 prohibit the child from attending a public school or private school that a

2-20 victim of the sexual offense is attending.

2-21 [(c)] (d) Order the parents or guardians of the child to inform the

2-22 probation officer or parole officer assigned to the child each time the child

2-23 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 [(d)] (e) Order the parents or guardians of the child, to the extent of their

2-26 financial ability, to reimburse all or part of the additional costs of

2-27 transporting the child, if such costs are incurred by a county school district

2-28 pursuant to NRS 392.251 to 392.271, inclusive.

2-29 [(e)] (f) Inform the parents or guardians of the child of the requirements

2-30 of NRS 62.405 to 62.485, inclusive, 392.251 to 392.271, inclusive, and

2-31 394.162 to 394.167, inclusive.

2-32 2. The court may authorize a superintendent or the executive head of a

2-33 private school who receives notification from a probation officer or parole

2-34 officer pursuant to NRS 62.465 to inform other appropriate educational

2-35 personnel that the child has been adjudicated delinquent for a sexual

2-36 offense.

2-37 3. The court may not terminate its jurisdiction concerning the child for

2-38 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 private

2-40 school within this state.

2-41 Sec. 6. NRS 62.465 is hereby amended to read as follows:

2-42 62.465 1. If a child has been adjudicated delinquent for a sexual

2-43 offense, the probation officer or parole officer assigned to the child shall

3-1 provide notification that the child has been adjudicated delinquent for a

3-2 sexual offense to:

3-3 (a) The superintendent of the county school district in which the child

3-4 resides; or

3-5 (b) If the child is attending a private school within this state, the

3-6 executive head of the private school.

3-7 2. If the probation officer or parole officer assigned to the child is

3-8 informed by the parents or guardians of the child that the child expects to

3-9 change the public school or private school he is attending or if the

3-10 probation officer or parole officer otherwise becomes aware of such a

3-11 change, the probation officer or parole officer shall provide notification

3-12 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 is

3-14 or will be residing; or

3-15 (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 name

3-18 of each victim of a sexual offense committed by the child if the victim is

3-19 attending a public school or private school within this state.

3-20 Sec. 7. NRS 62.475 is hereby amended to read as follows:

3-21 62.475 1. The court may permit a child who has been adjudicated

3-22 delinquent for a sexual offense to attend a public school or private school

3-23 that a victim of the sexual offense is attending if, upon the request of the

3-24 child, the superintendent or the executive head of the private school:

3-25 (a) The court develops and approves an alternative plan of supervision

3-26 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, in

3-28 writing, to the plan;

3-29 (c) The superintendent or the executive head of the private school

3-30 consents, in writing, to the plan; and

3-31 (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 impose

3-34 reasonable conditions on the child and, if necessary to facilitate the

3-35 alternative plan, on the parents or guardians of the child. The conditions

3-36 must be designed to protect the safety and the interests of the victim and to

3-37 ensure that the child complies with the plan.

3-38 3. Upon its own motion or upon a request from the prosecuting

3-39 attorney, the victim, the parents or guardians of the victim or the probation

3-40 officer or parole officer assigned to the child, the court may modify or

3-41 rescind the alternative plan of supervision or a condition of the alternative

3-42 plan after providing notice and an opportunity to be heard to the child, the

3-43 parents or guardians of the child, the prosecuting attorney and the parties

4-1 who consented to the alternative plan. If a proposed modification is

4-2 reasonably likely to increase contact between the victim and the child, the

4-3 court may not make the modification without the written consent of the

4-4 victim and the parents or guardians of the victim. If the court rescinds the

4-5 alternative plan of supervision, the child is subject to the provisions of NRS

4-6 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 the

4-8 parents or guardians of the victim pursuant to this section, the court shall

4-9 inform them of their right to withhold consent and, except as otherwise

4-10 provided in NRS 62.485, their right to have the child not attend the public

4-11 school or private school the victim is attending.

4-12 Sec. 8. NRS 62.500 is hereby amended to read as follows:

4-13 62.500 As used in NRS 62.500 to 62.600, inclusive, and section 3 of

4-14 this act, unless the context otherwise requires, the words and terms defined

4-15 in NRS 62.510 to 62.550, inclusive, and section 3 of this act have the

4-16 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 and

4-19 62.213 and in addition to any other requirements set forth in this chapter, if

4-20 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 attorney

4-23 general may arrange for the assessment of the risk of recidivism of the child

4-24 pursuant to the guidelines and procedures for community notification;

4-25 (b) [Place] If the child is committed to the custody of the division of

4-26 child and family services of the department of human resources pursuant

4-27 to NRS 62.211 or 62.213, place the child under the supervision of a

4-28 parole officer, for the purposes of NRS 62.500 to 62.600, inclusive, until

4-29 the child reaches 21 years of age or is no longer subject to community

4-30 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 child

4-33 and family services of the department of human resources pursuant to

4-34 NRS 62.211 or 62.213, place the child under the supervision of a probation

4-35 officer , for the purposes of NRS 62.500 to 62.600, inclusive, until the

4-36 child reaches 21 years of age or is no longer subject to community

4-37 notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600,

4-38 inclusive;

4-39 [(c)] (d) Inform the child and the parents or guardians of the child that

4-40 the child is subject to community notification as a juvenile sex offender and

4-41 may be subject to registration and community notification as an adult sex

4-42 offender pursuant to NRS 62.590; and

5-1 [(d)] (e) Order the child, and the parents or guardians of the child during

5-2 the minority of the child, to inform the probation officer or parole officer

5-3 assigned to the child of a change of the address at which the child resides

5-4 not later than 48 hours after the change of address.

5-5 2. The court may not terminate its jurisdiction concerning the child for

5-6 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 to

5-8 community notification as a juvenile sex offender pursuant to NRS 62.500

5-9 to 62.600, inclusive.

5-10 Sec. 10. NRS 62.580 is hereby amended to read as follows:

5-11 62.580 1. If a child has been adjudicated delinquent for a sexual

5-12 offense, the probation officer or parole officer assigned to the child shall

5-13 notify the local law enforcement agency in whose jurisdiction the child

5-14 resides that the child:

5-15 (a) Has been adjudicated delinquent for a sexual offense; and

5-16 (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 is

5-18 informed by the child or the parents or guardians of the child that the child

5-19 has changed the address at which he resides, the probation officer or parole

5-20 officer shall notify:

5-21 (a) The local law enforcement agency in whose jurisdiction the child last

5-22 resided that the child has moved; and

5-23 (b) The local law enforcement agency in whose jurisdiction the child is

5-24 now residing that the child:

5-25 (1) Has been adjudicated delinquent for a sexual offense; and

5-26 (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:

5-28 179D.800 1. The attorney general shall establish guidelines and

5-29 procedures for community notification concerning juvenile sex offenders

5-30 who are subject to the provisions of NRS 62.500 to 62.600, inclusive. The

5-31 guidelines and procedures for community notification concerning juvenile

5-32 sex offenders must be, to the extent practicable, consistent with the

5-33 guidelines and procedures for community notification concerning adult sex

5-34 offenders established by the attorney general pursuant to NRS 179D.600 to

5-35 179D.800, inclusive.

5-36 2. Upon receiving notification from a probation officer or parole

5-37 officer assigned to supervise a juvenile sex offender pursuant to NRS

5-38 62.500 to 62.600, inclusive, the local law enforcement agency receiving the

5-39 notification shall disclose information regarding the juvenile sex offender

5-40 to the appropriate persons pursuant to the guidelines and procedures

5-41 established by the attorney general pursuant to NRS 179D.600 to

5-42 179D.800, inclusive.

6-1 3. Each person who is conducting an assessment of the risk of

6-2 recidivism of a juvenile sex offender must be given access to all records of

6-3 the juvenile sex offender that are necessary to conduct the assessment,

6-4 including, but not limited to, records compiled pursuant to chapter 62 of

6-5 NRS, and the juvenile sex offender shall be deemed to have waived all

6-6 rights of confidentiality and all privileges relating to those records for the

6-7 limited purpose of the assessment.

6-8 Sec. 12. NRS 210.290 is hereby amended to read as follows:

6-9 210.290 Inmates may be discharged from the school upon reaching the

6-10 age of 18 years and [shall] must be discharged upon reaching the age of 20

6-11 years [.] , except that an inmate who is discharged remains subject to the

6-12 supervision of the chief of the youth parole bureau for the purposes of

6-13 NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if

6-14 applicable.

6-15 Sec. 13. NRS 210.715 is hereby amended to read as follows:

6-16 210.715 Inmates may be discharged from the school upon reaching the

6-17 age of 18 years and [shall] must be discharged upon reaching the age of 20

6-18 years [.] , except that an inmate who is discharged remains subject to the

6-19 supervision of the chief of the youth parole bureau for the purposes of

6-20 NRS 62.405 to 62.485, inclusive, or 62.500 to 62.600, inclusive, if

6-21 applicable.

6-22 Sec. 14. NRS 210.740 is hereby amended to read as follows:

6-23 210.740 The chief of the youth parole bureau shall:

6-24 1. Supervise all persons released on parole from the Nevada youth

6-25 training center and the Caliente youth center, and all persons released by

6-26 other states for juvenile parole in Nevada pursuant to interstate compact.

6-27 2. Furnish to each person so paroled a written statement of the

6-28 conditions of the parole and instructions regarding those conditions.

6-29 3. Supervise each person assigned to him pursuant to NRS 62.455 or

6-30 62.570.

6-31 4. Keep himself informed concerning the conduct and condition of all

6-32 persons under his supervision.

6-33 [4.] 5. Coordinate his functions with those of the superintendents of the

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:

6-36 210.750 1. Each person who is paroled from the Nevada youth

6-37 training center or the Caliente youth center must be placed in a reputable

6-38 home and in either an educational or work program or both. The chief of

6-39 the youth parole bureau may pay the expenses incurred in providing

6-40 alternative placements for residential programs and for structured

6-41 nonresidential programs from money appropriated to the bureau for that

6-42 purpose.

7-1 2. The chief may accept money of parolees for safekeeping pending

7-2 their discharges from parole. The chief must deposit the money in federally

7-3 insured accounts in banks or savings and loan associations. He shall keep

7-4 or cause to be kept a fair and full account of the money, and shall submit

7-5 such reports concerning the accounts to the administrator of the division of

7-6 child and family services of the department of human resources as the

7-7 administrator may require.

7-8 3. When any person so paroled has proven his ability to make an

7-9 acceptable adjustment outside the center or, in the opinion of the chief, is

7-10 no longer amenable to treatment as a juvenile, the chief shall apply to the

7-11 committing court for a dismissal of all proceedings and accusations

7-12 pending against the person [.] , except that the person remains subject to

7-13 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 a

7-16 person’s parole, he shall ascertain from the superintendent of the

7-17 appropriate center whether adequate facilities remain available at the center

7-18 to provide the necessary care for the person. If the superintendent advises

7-19 that there are not such facilities available, that there is not enough money

7-20 available for support of the person at the center or that the person is not

7-21 suitable for admission to the center, the chief shall report that fact to the

7-22 administrator of the division of child and family services, who shall

7-23 recommend a suitable alternative to the court.

7-24 Sec. 16. NRS 392.254 is hereby amended to read as follows:

7-25 392.254 "Notification" means a notification which indicates that a

7-26 child has been adjudicated delinquent for a sexual offense and which is

7-27 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:

7-29 394.163 "Notification" means a notification which indicates that a

7-30 child has been adjudicated delinquent for a sexual offense and which is

7-31 provided by a probation officer or parole officer pursuant to NRS 62.465.

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