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: 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and1-3
62.2245, if the court finds that a child is within the purview of this chapter1-4
it shall so decree and may:1-5
(a) Place the child under supervision in his own home or in the custody1-6
of a suitable person elsewhere, upon such conditions as the court may1-7
determine. A program of supervision in the home may include electronic1-8
surveillance of the child. The legislature declares that a program of1-9
supervision that includes electronic surveillance is intended as an1-10
alternative to commitment and not as an alternative to probation, informal1-11
supervision or a supervision and consent decree.1-12
(b) Commit the child to the custody of a public or private institution or1-13
agency authorized to care for children, or place him in a home with a1-14
family. In committing a child to a private institution or agency the court1-15
shall select one that is required to be licensed by the department of human1-16
resources to care for such children, or, if the institution or agency is in1-17
another state, by the analogous department of that state. The court shall not1-18
commit a female child to a private institution without prior approval of the1-19
superintendent of the Caliente youth center, and shall not commit a male1-20
child to a private institution without prior approval of the superintendent of1-21
the Nevada youth training center.1-22
(c) Order such medical, psychiatric, psychological or other care and1-23
treatment as the court deems to be for the best interests of the child, except1-24
as otherwise provided in this section.1-25
(d) Order the parent, guardian, custodian or any other person to refrain1-26
from continuing the conduct which, in the opinion of the court, has caused1-27
or tended to cause the child to come within or remain under the provisions1-28
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; and1-31
(2) Any brother, sister or other person who is living in the same1-32
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 or1-35
substance abuse, or techniques of dispute resolution.2-1
(f) Order the parent or guardian of the child to participate in a program2-2
designed to provide restitution to the victim of an act committed by the2-3
child or to perform public service.2-4
(g) Order the parent or guardian of the child to pay all or part of the cost2-5
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 investigation2-7
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 902-9
days but not more than 2 years. If the child does not possess a driver’s2-10
license, the court may prohibit the child from receiving a driver’s license2-11
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 eligible2-13
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 child2-17
pursuant to this paragraph, the judge shall require the child to surrender to2-18
the court all driver’s licenses then held by the child. The court shall, within2-19
5 days after issuing the order, forward to the department of motor vehicles2-20
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 a2-22
child to receive a driver’s license, the court shall, within 5 days after2-23
issuing the order, forward to the department of motor vehicles and public2-24
safety a copy of the order. The department of motor vehicles and public2-25
safety shall report a suspension pursuant to this paragraph to an insurance2-26
company or its agent inquiring about the child’s driving record, but such a2-27
suspension must not be considered for the purpose of rating or2-28
underwriting. The department of motor vehicles and public safety shall not2-29
require the child to submit to the tests and other requirements which are2-30
adopted by regulation pursuant to subsection 1 of NRS 483.495 as a2-31
condition of reinstatement or reissuance after a suspension of his license2-32
pursuant to this paragraph, unless the suspension resulted from his poor2-33
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; or2-37
(3) A private nonprofit organization to perform other public2-39
The person under whose supervision the child is placed shall keep the child2-40
busy and well supervised and shall make such reports to the court as it may2-41
require. As a condition of such a placement, the court may require the child2-42
or his parent or guardian to deposit with the court a reasonable sum of2-43
money to pay for the cost of policies of insurance against liability for2-44
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 of3-1
industrial insurance, it is provided by the organization or agency for which3-2
he performs the work.3-3
(j) Permit the child to reside in a residence without the immediate3-4
supervision of an adult, or exempt the child from mandatory attendance at3-5
school so that the child may be employed full time, or both, if the child is at3-6
least 16 years of age, has demonstrated the capacity to benefit from this3-7
placement or exemption and is under the strict supervision of the juvenile3-8
division.3-9
(k) Require the child to provide restitution to the victim of the crime3-10
which the child has committed.3-11
(l) Impose a fine on the child. If a fine is imposed, the court shall impose3-12
an administrative assessment pursuant to NRS 62.223.3-13
(m) If the child has not previously been found to be within the purview3-14
of this chapter and if the act for which the child is found to be within the3-15
purview of this chapter did not involve the use or threatened use of force or3-16
violence, order the child to participate in a publicly or privately operated3-17
program of sports or physical fitness3-19
publicly or privately operated program for the arts that is adequately3-20
supervised. A program for the arts may include, but is not limited to,3-21
drawing, painting, photography or other visual arts, musical, dance or3-22
theatrical performance, writing or any other structured activity that3-23
involves creative or artistic expression. If the court orders the child to3-24
participate in3-25
program for the arts, the court may order any or all of the following, in the3-26
following order of priority if practicable:3-27
(1) The parent or guardian of the child, to the extent of his financial3-28
ability, to pay the costs associated with the participation of the child in the3-29
program, including, but not limited to, a reasonable sum of money to pay3-30
for the cost of policies of insurance against liability for personal injury and3-31
damage to property during those periods in which the child participates in3-32
the program;3-33
(2) The child to work on projects or perform public service pursuant3-34
to paragraph (i) for a period that reflects the costs associated with the3-35
participation of the child in the program; or3-36
(3) The county in which the petition alleging the child to be3-37
delinquent or in need of supervision is filed to pay the costs associated with3-38
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 has3-40
committed a delinquent act, the court may order the parent or guardian of3-41
the child to pay any fines and penalties imposed for the delinquent act. If3-42
the parent or guardian is unable to pay the fines and penalties imposed3-43
because of financial hardship, the court may require the parent or guardian3-44
to perform community service.3-45
3. In determining the appropriate disposition of a case concerning a3-46
child found to be within the purview of this chapter, the court shall consider3-47
whether the act committed by the child involved the use of a firearm or the4-1
use or threatened use of force or violence against the victim of the act and4-2
whether the child is a serious or chronic offender. If the court finds that the4-3
act committed by the child involved the use of a firearm or the use or4-4
threatened use of force or violence against the victim or that the child is a4-5
serious or chronic offender, the court shall include the finding in its order4-6
and may, in addition to the options set forth in subsections 1 and 2 of this4-7
section and NRS 62.213:4-8
(a) Commit the child for confinement in a secure facility, including a4-9
facility which is secured by its staff.4-10
(b) Impose any other punitive measures the court determines to be in the4-11
best interests of the public or the child.4-12
4. Except as otherwise provided in NRS 62.455 and 62.570, at any4-13
time, either on its own volition or for good cause shown, the court may4-14
terminate its jurisdiction concerning the child.4-15
5. Whenever the court commits a child to any institution or agency4-16
pursuant to this section or NRS 62.213, it shall transmit a summary of its4-17
information concerning the child and order the administrator of the school4-18
that the child last attended to transmit a copy of the child’s educational4-19
records to the institution or agency. The institution or agency shall give to4-20
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 in4-22
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 of4-24
consanguinity to the child whom the court finds suitable and able to4-25
provide proper care and guidance for the child.4-26
Sec. 2. The amendatory provisions of this act do not apply to offenses4-27
that are committed before October 1, 1999.~