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).

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

1-18 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

2-3 the Nevada youth training center.

2-4 (c) Order such medical, psychiatric, psychological or other care and

2-5 treatment as the court deems to be for the best interests of the child, except

2-6 as otherwise provided in this section.

2-7 (d) Order the parent, guardian, custodian or any other person to refrain

2-8 from continuing the conduct which, in the opinion of the court, has caused

2-9 or tended to cause the child to come within or remain under the provisions

2-10 of this chapter.

2-11 (e) If the child is less than 18 years of age, order:

2-12 (1) The parent, guardian or custodian of the child; and

2-13 (2) Any brother, sister or other person who is living in the same

2-14 household as the child over whom the court has jurisdiction,

2-15 to attend or participate in counseling, with or without the child, including,

2-16 but not limited to, counseling regarding parenting skills, alcohol or

2-17 substance abuse, or techniques of dispute resolution.

2-18 (f) Order the parent or guardian of the child to participate in a program

2-19 designed to provide restitution to the victim of an act committed by the

2-20 child or to perform public service.

2-21 (g) Order the parent or guardian of the child to pay all or part of the cost

2-22 of the proceedings, including, but not limited to, reasonable attorney’s fees,

2-23 any costs incurred by the court and any costs incurred in the investigation

2-24 of an act committed by the child and the taking into custody of the child.

2-25 (h) Order the suspension of the child’s driver’s license for at least 90

2-26 days but not more than 2 years. If the child does not possess a driver’s

2-27 license, the court may prohibit the child from receiving a driver’s license

2-28 for at least 90 days but not more than 2 years:

2-29 (1) Immediately following the date of the order, if the child is eligible

2-30 to receive a driver’s license.

2-31 (2) After the date he becomes eligible to apply for a driver’s license,

2-32 if the child is not eligible to receive a license on the date of the order.

2-33 If the court issues an order suspending the driver’s license of a child

2-34 pursuant to this paragraph, the judge shall require the child to surrender to

2-35 the court all driver’s licenses then held by the child. The court shall, within

2-36 5 days after issuing the order, forward to the department of motor vehicles

2-37 and public safety the licenses, together with a copy of the order. If,

2-38 pursuant to this paragraph, the court issues an order delaying the ability of a

2-39 child to receive a driver’s license, the court shall, within 5 days after

2-40 issuing the order, forward to the department of motor vehicles and public

2-41 safety a copy of the order. The department of motor vehicles and public

2-42 safety shall report a suspension pursuant to this paragraph to an insurance

2-43 company or its agent inquiring about the child’s driving record, but such a

3-1 suspension must not be considered for the purpose of rating or

3-2 underwriting. The department of motor vehicles and public safety shall not

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

3-4 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

3-5 condition of reinstatement or reissuance after a suspension of his license

3-6 pursuant to this paragraph, unless the suspension resulted from his poor

3-7 performance as a driver.

3-8 (i) Place the child, when he is not in school, under the supervision of:

3-9 (1) A public organization to work on public projects;

3-10 (2) A public agency to work on projects to eradicate graffiti; or

3-11 (3) A private nonprofit organization to perform other public
3-12 service.

3-13 The person under whose supervision the child is placed shall keep the child

3-14 busy and well supervised and shall make such reports to the court as it may

3-15 require. As a condition of such a placement, the court may require the child

3-16 or his parent or guardian to deposit with the court a reasonable sum of

3-17 money to pay for the cost of policies of insurance against liability for

3-18 personal injury and damage to property or for industrial insurance, or both,

3-19 during those periods in which he performs the work, unless, in the case of

3-20 industrial insurance, it is provided by the organization or agency for which

3-21 he performs the work.

3-22 (j) Permit the child to reside in a residence without the immediate

3-23 supervision of an adult, or exempt the child from mandatory attendance at

3-24 school so that the child may be employed full time, or both, if the child is at

3-25 least 16 years of age, has demonstrated the capacity to benefit from this

3-26 placement or exemption and is under the strict supervision of the juvenile

3-27 division.

3-28 (k) Require the child to provide restitution to the victim of the crime

3-29 which the child has committed.

3-30 (l) Impose a fine on the child. If a fine is imposed, the court shall impose

3-31 an administrative assessment pursuant to NRS 62.223.

3-32 (m) If the child has not previously been found to be within the purview

3-33 of this chapter and if the act for which the child is found to be within the

3-34 purview of this chapter did not involve the use or threatened use of force or

3-35 violence, order the child to participate in a publicly or privately operated

3-36 program of sports or physical fitness [.] that is adequately supervised or a

3-37 publicly or privately operated program for the arts that is adequately

3-38 supervised. A program for the arts may include, but is not limited to,

3-39 drawing, painting, photography or other visual arts, musical, dance or

3-40 theatrical performance, writing or any other structured activity that

3-41 involves creative or artistic expression. If the court orders the child to

4-1 participate in [such] a program [,] of sports or physical fitness or a

4-2 program for the arts, the court may order any or all of the following, in the

4-3 following order of priority if practicable:

4-4 (1) The parent or guardian of the child, to the extent of his financial

4-5 ability, to pay the costs associated with the participation of the child in the

4-6 program, including, but not limited to, a reasonable sum of money to pay

4-7 for the cost of policies of insurance against liability for personal injury and

4-8 damage to property during those periods in which the child participates in

4-9 the program;

4-10 (2) The child to work on projects or perform public service pursuant

4-11 to paragraph (i) for a period that reflects the costs associated with the

4-12 participation of the child in the program; or

4-13 (3) The county in which the petition alleging the child to be

4-14 delinquent or in need of supervision is filed to pay the costs associated with

4-15 the participation of the child in the program.

4-16 2. If the court finds that a child who is less than 17 years of age has

4-17 committed a delinquent act, the court may order the parent or guardian of

4-18 the child to pay any fines and penalties imposed for the delinquent act. If

4-19 the parent or guardian is unable to pay the fines and penalties imposed

4-20 because of financial hardship, the court may require the parent or guardian

4-21 to perform community service.

4-22 3. In determining the appropriate disposition of a case concerning a

4-23 child found to be within the purview of this chapter, the court shall consider

4-24 whether the act committed by the child involved the use of a firearm or the

4-25 use or threatened use of force or violence against the victim of the act and

4-26 whether the child is a serious or chronic offender. If the court finds that the

4-27 act committed by the child involved the use of a firearm or the use or

4-28 threatened use of force or violence against the victim or that the child is a

4-29 serious or chronic offender, the court shall include the finding in its order

4-30 and may, in addition to the options set forth in subsections 1 and 2 of this

4-31 section and NRS 62.213:

4-32 (a) Commit the child for confinement in a secure facility, including a

4-33 facility which is secured by its staff.

4-34 (b) Impose any other punitive measures the court determines to be in the

4-35 best interests of the public or the child.

4-36 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

4-37 time, either on its own volition or for good cause shown, the court may

4-38 terminate its jurisdiction concerning the child.

4-39 5. Whenever the court commits a child to any institution or agency

4-40 pursuant to this section or NRS 62.213, it shall transmit a summary of its

4-41 information concerning the child and order the administrator of the school

5-1 that the child last attended to transmit a copy of the child’s educational

5-2 records to the institution or agency. The institution or agency shall give to

5-3 the court any information concerning the child that the court may require.

5-4 6. In determining whether to place a child pursuant to this section in

5-5 the custody of a person other than his parent, guardian or custodian,

5-6 preference must be given to any person related within the third degree of

5-7 consanguinity to the child whom the court finds suitable and able to

5-8 provide proper care and guidance for the child.

5-9 Sec. 2. The amendatory provisions of this act do not apply to offenses

5-10 that are committed before October 1, 1999.