Senate Bill No. 87–Senators Wiener, McGinness,


Porter, Titus and Washington

CHAPTER........

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

1-17 another state, by the analogous department of that state. The court shall not

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

1-19 superintendent of the Caliente youth center, and shall not commit a male

1-20 child to a private institution without prior approval of the superintendent of

1-21 the Nevada youth training center.

1-22 (c) Order such medical, psychiatric, psychological or other care and

1-23 treatment as the court deems to be for the best interests of the child, except

1-24 as otherwise provided in this section.

1-25 (d) Order the parent, guardian, custodian or any other person to refrain

1-26 from continuing the conduct which, in the opinion of the court, has caused

1-27 or tended to cause the child to come within or remain under the provisions

1-28 of this chapter.

1-29 (e) If the child is less than 18 years of age, order:

1-30 (1) The parent, guardian or custodian of the child; and

1-31 (2) Any brother, sister or other person who is living in the same

1-32 household as the child over whom the court has jurisdiction,

1-33 to attend or participate in counseling, with or without the child, including,

1-34 but not limited to, counseling regarding parenting skills, alcohol or

1-35 substance abuse, or techniques of dispute resolution.

2-1 (f) Order the parent or guardian of the child to participate in a program

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

2-3 child or to perform public service.

2-4 (g) Order the parent or guardian of the child to pay all or part of the cost

2-5 of the proceedings, including, but not limited to, reasonable attorney’s fees,

2-6 any costs incurred by the court and any costs incurred in the investigation

2-7 of an act committed by the child and the taking into custody of the child.

2-8 (h) Order the suspension of the child’s driver’s license for at least 90

2-9 days but not more than 2 years. If the child does not possess a driver’s

2-10 license, the court may prohibit the child from receiving a driver’s license

2-11 for at least 90 days but not more than 2 years:

2-12 (1) Immediately following the date of the order, if the child is eligible

2-13 to receive a driver’s license.

2-14 (2) After the date he becomes eligible to apply for a driver’s license,

2-15 if the child is not eligible to receive a license on the date of the order.

2-16 If the court issues an order suspending the driver’s license of a child

2-17 pursuant to this paragraph, the judge shall require the child to surrender to

2-18 the court all driver’s licenses then held by the child. The court shall, within

2-19 5 days after issuing the order, forward to the department of motor vehicles

2-20 and public safety the licenses, together with a copy of the order. If,

2-21 pursuant to this paragraph, the court issues an order delaying the ability of a

2-22 child to receive a driver’s license, the court shall, within 5 days after

2-23 issuing the order, forward to the department of motor vehicles and public

2-24 safety a copy of the order. The department of motor vehicles and public

2-25 safety shall report a suspension pursuant to this paragraph to an insurance

2-26 company or its agent inquiring about the child’s driving record, but such a

2-27 suspension must not be considered for the purpose of rating or

2-28 underwriting. The department of motor vehicles and public safety shall not

2-29 require the child to submit to the tests and other requirements which are

2-30 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

2-31 condition of reinstatement or reissuance after a suspension of his license

2-32 pursuant to this paragraph, unless the suspension resulted from his poor

2-33 performance as a driver.

2-34 (i) Place the child, when he is not in school, under the supervision of:

2-35 (1) A public organization to work on public projects;

2-36 (2) A public agency to work on projects to eradicate graffiti; or

2-37 (3) A private nonprofit organization to perform other public
2-38 service.

2-39 The person under whose supervision the child is placed shall keep the child

2-40 busy and well supervised and shall make such reports to the court as it may

2-41 require. As a condition of such a placement, the court may require the child

2-42 or his parent or guardian to deposit with the court a reasonable sum of

2-43 money to pay for the cost of policies of insurance against liability for

2-44 personal injury and damage to property or for industrial insurance, or both,

2-45 during those periods in which he performs the work, unless, in the case of

3-1 industrial insurance, it is provided by the organization or agency for which

3-2 he performs the work.

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

3-4 supervision of an adult, or exempt the child from mandatory attendance at

3-5 school so that the child may be employed full time, or both, if the child is at

3-6 least 16 years of age, has demonstrated the capacity to benefit from this

3-7 placement or exemption and is under the strict supervision of the juvenile

3-8 division.

3-9 (k) Require the child to provide restitution to the victim of the crime

3-10 which the child has committed.

3-11 (l) Impose a fine on the child. If a fine is imposed, the court shall impose

3-12 an administrative assessment pursuant to NRS 62.223.

3-13 (m) If the child has not previously been found to be within the purview

3-14 of this chapter and if the act for which the child is found to be within the

3-15 purview of this chapter did not involve the use or threatened use of force or

3-16 violence, order the child to participate in a publicly or privately operated

3-17 program of sports or physical fitness [.] that is adequately supervised or a Green numbers along 3-18 left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

3-19 publicly or privately operated program for the arts that is adequately

3-20 supervised. A program for the arts may include, but is not limited to,

3-21 drawing, painting, photography or other visual arts, musical, dance or

3-22 theatrical performance, writing or any other structured activity that

3-23 involves creative or artistic expression. If the court orders the child to

3-24 participate in [such] a program [,] of sports or physical fitness or a

3-25 program for the arts, the court may 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

3-28 ability, to pay the costs associated with the participation of the child in the

3-29 program, including, but not limited to, a reasonable sum of money to pay

3-30 for the cost of policies of insurance against liability for personal injury and

3-31 damage to property during those periods in which the child participates in

3-32 the program;

3-33 (2) The child to work on projects or perform public service pursuant

3-34 to paragraph (i) for a period that reflects the costs associated with the

3-35 participation of the child in the program; or

3-36 (3) The county in which the petition alleging the child to be

3-37 delinquent or in need of supervision is filed to pay the costs associated with

3-38 the participation of the child in the program.

3-39 2. If the court finds that a child who is less than 17 years of age has

3-40 committed a delinquent act, the court may order the parent or guardian of

3-41 the child to pay any fines and penalties imposed for the delinquent act. If

3-42 the parent or guardian is unable to pay the fines and penalties imposed

3-43 because of financial hardship, the court may require the parent or guardian

3-44 to perform community service.

3-45 3. In determining the appropriate disposition of a case concerning a

3-46 child found to be within the purview of this chapter, the court shall consider

3-47 whether the act committed by the child involved the use of a firearm or the

4-1 use or threatened use of force or violence against the victim of the act and

4-2 whether the child is a serious or chronic offender. If the court finds that the

4-3 act committed by the child involved the use of a firearm or the use or

4-4 threatened use of force or violence against the victim or that the child is a

4-5 serious or chronic offender, the court shall include the finding in its order

4-6 and may, in addition to the options set forth in subsections 1 and 2 of this

4-7 section and NRS 62.213:

4-8 (a) Commit the child for confinement in a secure facility, including a

4-9 facility which is secured by its staff.

4-10 (b) Impose any other punitive measures the court determines to be in the

4-11 best interests of the public or the child.

4-12 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

4-13 time, either on its own volition or for good cause shown, the court may

4-14 terminate its jurisdiction concerning the child.

4-15 5. Whenever the court commits a child to any institution or agency

4-16 pursuant to this section or NRS 62.213, it shall transmit a summary of its

4-17 information concerning the child and order the administrator of the school

4-18 that the child last attended to transmit a copy of the child’s educational

4-19 records to the institution or agency. The institution or agency shall give to

4-20 the court any information concerning the child that the court may require.

4-21 6. In determining whether to place a child pursuant to this section in

4-22 the custody of a person other than his parent, guardian or custodian,

4-23 preference must be given to any person related within the third degree of

4-24 consanguinity to the child whom the court finds suitable and able to

4-25 provide proper care and guidance for the child.

4-26 Sec. 2. The amendatory provisions of this act do not apply to offenses

4-27 that are committed before October 1, 1999.

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