Assembly Bill No. 174–Assemblyman Nolan
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. A juvenile court may establish a program of visitation to the office
of the county coroner in cooperation with the coroner of the county
pursuant to this section.
2. Before a child may participate in a program of visitation, the
parent, guardian or custodian of the child must provide to the juvenile
court on a form provided by the juvenile court:
(a) Written consent for the child to participate in the program of
visitation; and
(b) An executed release of liability for any act or omission, not
amounting to gross negligence or willful misconduct of the juvenile
court, the county coroner, or any other person administering or
conducting a program of visitation, that causes personal injury or illness
of the child during the period in which the child participates in the
program of visitation.
3. A program of visitation must include, without limitation:
(a) A visit to the office of the county coroner at times and under
circumstances determined by the county coroner.
(b) A course to instruct the child concerning:
(1) The consequences of his actions; and
(2) An awareness of his own mortality.
(c) An opportunity for each participant in a program of visitation to
evaluate each component of the program.
4. The juvenile court may order the child, or the parent or guardian
of the child, to pay a fee of not more than $45 based on the ability of the
child or his parent or guardian to pay for the costs associated with the
participation of the child in the program of visitation.
5. If a juvenile court establishes a program of visitation pursuant to
this section, the juvenile court shall, on or before January 15 of each
odd-numbered year, submit to the director of the legislative counsel
bureau for transmittal to the legislature a report regarding the effect of
the program on the incidence of juvenile crime and the rate of
recidivism.
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in this chapter, if the court
finds that a child is within the purview of this chapter, it shall so decree
and may:
(a) Place the child under supervision in his own home or in the custody
of a suitable person elsewhere, upon such conditions as the court may
determine. A program of supervision in the home may include electronic
surveillance of the child. The legislature declares that a program of
supervision that includes electronic surveillance is intended as an
alternative to commitment and not as an alternative to probation, informal
supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or
agency authorized to care for children, or place him in a home with a
family. In committing a child to a private institution or agency the court
shall select one that is required to be licensed by the department of human
resources to care for such children, or, if the institution or agency is in
another state, by the analogous department of that state. The court shall
not commit a female child to a private institution without prior approval of
the superintendent of the Caliente youth center, and shall not commit a
male child to a private institution without prior approval of the
superintendent of the Nevada youth training center.
(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
as otherwise provided in this section.
(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
or tended to cause the child to come within or remain under the provisions
of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same
household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including,
but not limited to, counseling regarding parenting skills, alcohol or
substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program
designed to provide restitution to the victim of an act committed by the
child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost
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 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
days but not more than 2 years. If the child does not possess a driver’s
license, the court may prohibit the child from receiving a driver’s license
for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible
to receive a driver’s license.
(2) After the date he becomes eligible to apply for a driver’s license,
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
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
5 days after issuing the order, forward to the department of motor vehicles
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 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
safety a copy of the order. The department of motor vehicles and public
safety shall report a 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
underwriting. The department of motor vehicles and public safety shall not
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
condition of reinstatement or reissuance after a suspension of his license
pursuant to this paragraph, unless the suspension resulted from his poor
performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public
service.
The person under whose supervision the child is placed shall keep the child
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 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
personal injury and damage to property or for industrial insurance, or both,
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
he performs the work.
(j) Permit the child to reside in a residence without the immediate
supervision of an adult, or exempt the child from mandatory attendance at
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
placement or exemption and is under the strict supervision of the juvenile
division.
(k) Require the child to provide restitution to the victim of the crime
which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall
impose an administrative assessment pursuant to NRS 62.2175.
(m) If the child has not previously been found to be within the purview
of this chapter and if the act for which the child is found to be within the
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 program of sports or physical fitness that is adequately
supervised or a publicly or privately operated program for the arts that is
adequately supervised. A program for the arts may include, but is not
limited to, drawing, painting, photography or other visual arts, musical,
dance or theatrical performance, writing or any other structured activity
that involves creative or artistic expression. If the court orders the child to
participate in a program of sports or physical fitness or a program for the
arts, the court may order any or all of the following, in the following order
of priority if practicable:
(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
program, including, but not limited to, a reasonable sum of money to pay
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
the program;
(2) The child to work on projects or perform public service pursuant
to paragraph (i) for a period that reflects the costs associated with the
participation of the child in the program; or
(3) The county in which the petition alleging the child to be
delinquent or in need of supervision is filed to pay the costs associated
with the participation of the child in the program.
(n) Order the child to participate in a program of visitation to the
office of the county coroner pursuant to section 1 of this act. In
determining whether to order a child to participate in such a program,
the court shall consider whether the act committed by the child involved
the use or threatened use of force or violence against himself or others
or demonstrated a disregard for the safety or well-being of himself or
others.
2. If the court finds that a child who is less than 17 years of age has
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
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
to perform community service.
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 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 whether the child is a serious or chronic offender. If the
court finds that 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
or that the child is a 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 section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a
facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the
best interests of the public or the child.
4. Except as otherwise provided in NRS 62.455 and 62.570, at any
time, either on its own volition or for good cause shown, the court may
terminate its jurisdiction concerning the child.
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
information concerning the child and order the administrator of the school
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
the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in
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
consanguinity to the child whom the court finds suitable and able to
provide proper care and guidance for the child.
Sec. 3. 1. This section and section 1 of this act become effective on
July 1, 2001, for the purposes of establishing programs of visitation, and
on October 1, 2001, for all other purposes, and expire by limitation on
October 1, 2005.
2. Section 2 of this act becomes effective on October 1, 2001, and
expires by limitation on October 1, 2005.
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