Senate Bill No. 87–Senators Wiener, McGinness,
Porter, Titus and Washington

February 3, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes juvenile court to require certain children to participate in supervised program for the arts. (BDR 5-136)

FISCAL NOTE: Effect on Local Government: Yes.

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 children; authorizing a juvenile court to require certain children to participate in a supervised program for the arts; 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

1-16 resources to care for such children, or, if the institution or agency is in another state, by the 1-17 analogous department of that state. The court shall not

1-18 commit a female child to a private institution without prior approval of the

2-1 superintendent of the Caliente youth center, and shall not commit a male

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

the Nevada youth training center.

2-3 (c) Order such medical, psychiatric, psychological or other care and

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

2-4 as otherwise provided in this section.

2-5 (d) Order the parent, guardian, custodian or any other person to refrain

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

2-6 or tended to cause the child to come within or remain under the provisions

of this chapter.

2-7 (e) If the child is less than 18 years of age, order:

2-8 (1) The parent, guardian or custodian of the child; and

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

2-9 household as the child over whom the court has jurisdiction,

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

2-10 but not limited to, counseling regarding parenting skills, alcohol or

2-11 substance abuse, or techniques of dispute resolution.

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

2-12 designed to provide restitution to the victim of an act committed by the

child or to perform public service.

2-13 (g) Order the parent or guardian of the child to pay all or part of the cost

2-14 of the proceedings, including, but not limited to, reasonable attorney’s fees,

any costs incurred by the court and any costs incurred in the investigation

2-15 of an act committed by the child and the taking into custody of the child.

(h) Order the suspension of the child’s driver’s license for at least 90

2-16 days but not more than 2 years. If the child does not possess a driver’s

2-17 license, the court may prohibit the child from receiving a driver’s license

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

2-18 (1) Immediately following the date of the order, if the child is eligible

to receive a driver’s license.

2-19 (2) After the date he becomes eligible to apply for a driver’s license,

2-20 if the child is not eligible to receive a license on the date of the order.

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

2-21 pursuant to this paragraph, the judge shall require the child to surrender to

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

2-22 5 days after issuing the order, forward to the department of motor vehicles

2-23 and public safety the licenses, together with a copy of the order. If,

pursuant to this paragraph, the court issues an order delaying the ability of a

2-24 child to receive a driver’s license, the court shall, within 5 days after

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

2-25 safety a copy of the order. The department of motor vehicles and public safety shall report a 2-26 suspension pursuant to this paragraph to an insurance

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

suspension must not be considered for the purpose of rating or

3-1 underwriting. The department of motor vehicles and public safety shall not

3-2 require the child to submit to the tests and other requirements which are

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

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

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

3-4 performance as a driver.

3-5 (i) Place the child, when he is not in school, under the supervision of:

(1) A public organization to work on public projects;

3-6 (2) A public agency to work on projects to eradicate graffiti; or

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

3-7 The person under whose supervision the child is placed shall keep the child

3-8 busy and well supervised and shall make such reports to the court as it may

require. As a condition of such a placement, the court may require the child

3-9 or his parent or guardian to deposit with the court a reasonable sum of

money to pay for the cost of policies of insurance against liability for

3-10 personal injury and damage to property or for industrial insurance, or both,

3-11 during those periods in which he performs the work, unless, in the case of

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

3-12 he performs the work.

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

3-13 supervision of an adult, or exempt the child from mandatory attendance at

3-14 school so that the child may be employed full time, or both, if the child is at

least 16 years of age, has demonstrated the capacity to benefit from this

3-15 placement or exemption and is under the strict supervision of the juvenile

division.

3-16 (k) Require the child to provide restitution to the victim of the crime

3-17 which the child has committed.

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

3-18 an administrative assessment pursuant to NRS 62.223.

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

3-19 of this chapter and if the act for which the child is found to be within the

3-20 purview of this chapter did not involve the use or threatened use of force or

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

3-21 program of sports or physical fitness [.] that is adequately supervised or a

publicly or privately operated program for the arts that is adequately

3-22 supervised. A program for the arts may include, but is not limited to,

3-23 drawing, painting, photography or other visual arts, musical, dance or

theatrical performance, writing or any other structured activity that

3-24 involves creative or artistic expression. If the court orders the child to

participate in [such] a program [,] of sports or physical fitness or a program for the arts, the court may 3-25 order any or all of the following, in the

3-26 following order of priority if practicable:

3-27 (1) The parent or guardian of the child, to the extent of his financial

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

3-28 program, including, but not limited to, a reasonable sum of money to pay

3-29 for the cost of policies of insurance against liability for personal injury and

damage to property during those periods in which the child participates in

3-30 the program;

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

3-31 to paragraph (i) for a period that reflects the costs associated with the

3-32 participation of the child in the program; or

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

3-33 delinquent or in need of supervision is filed to pay the costs associated with

the participation of the child in the program.

3-34 2. If the court finds that a child who is less than 17 years of age has

3-35 committed a delinquent act, the court may order the parent or guardian of

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

3-36 the parent or guardian is unable to pay the fines and penalties imposed

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

3-37 to perform community service.

3-38 3. In determining the appropriate disposition of a case concerning a

child found to be within the purview of this chapter, the court shall consider

3-39 whether the act committed by the child involved the use of a firearm or the

use or threatened use of force or violence against the victim of the act and

3-40 whether the child is a serious or chronic offender. If the court finds that the

3-41 act committed by the child involved the use of a firearm or the use or

threatened use of force or violence against the victim or that the child is a

3-42 serious or chronic offender, the court shall include the finding in its order

and may, in addition to the options set forth in subsections 1 and 2 of this

3-43 section and NRS 62.213:

3-44 (a) Commit the child for confinement in a secure facility, including a

facility which is secured by its staff.

3-45 (b) Impose any other punitive measures the court determines to be in the

best interests of the public or the child.

3-46 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

3-47 time, either on its own volition or for good cause shown, the court may

terminate its jurisdiction concerning the child.

3-48 5. Whenever the court commits a child to any institution or agency

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

3-49 information concerning the child and order the administrator of the school

3-50 that the child last attended to transmit a copy of the child’s educational

records to the institution or agency. The institution or agency shall give to

3-51 the court any information concerning the child that the court may require.

3-52 6. In determining whether to place a child pursuant to this section in

3-53 the custody of a person other than his parent, guardian or custodian,

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

3-54 consanguinity to the child whom the court finds suitable and able to

provide proper care and guidance for the child.

3-55 Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to

3-56 any additional expenses of a local government that are related to the

provisions of this act.

3-57 Sec. 3. The amendatory provisions of this act do not apply to offenses

that are committed before October 1, 1999.

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