A_SB230

2001 REGULAR SESSION (71st) A SB230 245

Amendment No. 245

Senate Amendment to Senate Bill No. 230 (BDR 16‑575)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government to SB230 (§§ 10, 12).

ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not |Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting “10,” and inserting “8,”.

Amend sec. 2, page 1, line 4, by deleting “9,” and inserting “8,”.

Amend sec. 4, page 1, by deleting lines 8 through 13 and inserting:

“Sec. 4. “Committing court” means a juvenile court that commits a person to the Nevada youth training center pursuant to NRS 210.180 or to the Caliente youth center pursuant to NRS 210.580.”.

Amend the bill as a whole by deleting sec. 6 and renumbering sections 7 through 9 as sections 6 through 8.

Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 through 16 as sections 9 through 14.

Amend sec. 12, page 3, by deleting lines 27 through 33 and inserting:

“(1) The local or regional facility for children, if the confinement is approved by the local [juvenile facility, that the parolee be held in the local juvenile facility.

3. The] or regional facility for children; or

(2) The county jail, if the parolee will be 18 years of age or older when the confinement begins and if the parolee will be separated by sight and sound from any adults who are confined or detained therein.”.

Amend sec. 12, page 4, by deleting lines 1 through 4 and inserting:

“(1) The local or regional facility for children, if the confinement is approved by the local or regional facility for children; or

Amend sec. 14, page 4, by deleting lines 31 through 37 and inserting:

“(1) The local or regional facility for children, if the confinement is approved by the local [juvenile facility, that the parolee be held in the local juvenile facility.

3. The] or regional facility for children; or

Amend sec. 14, page 5, by deleting lines 4 through 7 and inserting:

“(1) The local or regional facility for children, if the confinement is approved by the local or regional facility for children; or

Amend the bill as a whole by renumbering sections 17 through 19 as sections 18 through 20 and adding new sections designated sections 15 through 17, following sec. 16, to read as follows:

“Sec. 15. NRS 62.170 is hereby amended to read as follows:

62.170 1. Except as otherwise provided in NRS 62.172 and 62.175, a peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

(b) Whose conduct indicates that he is a child in need of supervision.

2. Except as otherwise provided in this section and NRS 62.172 and 484.383, if a child is taken into custody:

(a) The officer shall, without undue delay, attempt to notify, if known, the parent, guardian or custodian of the child;

(b) The facility in which the child is detained shall, without undue delay:

(1) Notify a probation officer; and

(2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

3. Except as otherwise provided in this section and NRS 62.172, if a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The court; or

(2) The place of detention designated by the court and, as soon as possible thereafter, the fact of detention must be reported to the court; and

(b) Pending further disposition of the case, the court may order that the child be:

(1) Released to the custody of the parent or other person appointed by the court;

(2) Detained in such place as is designated by the court, subject to further order of the court; or

(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

4. A child who is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 must not be released from custody sooner than 12 hours after he is taken into custody.

5. Except as otherwise provided in subsection 4 and NRS 62.172, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

(d) The child is a fugitive from another jurisdiction.

6. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

(a) A facility for the secure detention of juveniles; or

(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

7. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

8. If a child is 18 years of age or older, the child may be confined or detained in any police station, lockup, jail, prison or other facility in which adults are detained or confined if the child is separated by sight and sound from any adults who are confined or detained therein.

9. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

(a) Within 24 hours after the child submits a written application;

(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

FLUSH

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

[9.] 10. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

[10.] 11. Except as otherwise provided in subsection [11,] 12, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

(a) Has threatened to run away from home or from the shelter;

(b) Is accused of violent behavior at home; or

FLUSH

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

[11.] 12. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection [10,] 11, if the court holds a detention hearing and determines the child:

(a) Is a ward of a federal court or held pursuant to federal statute;

(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

FLUSH

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

[12.] 13. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

[13.] 14. In determining whether to release a child pursuant to this section to 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 who is suitable and able to provide proper care and guidance for the child.

Sec. 16. NRS 62.172 is hereby amended to read as follows:

62.172 1. If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

2. If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection [8] 9 of NRS 62.170.

3. At a detention hearing held pursuant to subsection [8] 9 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:

(a) Detained at a facility for the detention of juveniles; or

(b) Placed under a program of supervision in his home that may include electronic surveillance of the child.

4. If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.

5. As used in this section:

(a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS 202.253.

(b) “Qualified professional” means:

(1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;

(2) A psychologist licensed to practice in this state;

(3) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

(4) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

(5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

Sec. 17. NRS 62.271 is hereby amended to read as follows:

62.271 [Whenever the court has taken jurisdiction over a person pursuant to the provisions of this chapter, it may order any person:

1. Under the age of 18 years who has been adjudicated to be delinquent and placed on probation by the court to be placed in a] If a child who has been adjudicated delinquent and placed on probation violates a condition of probation, for the violation of probation, the court may order that the child be confined in:

1. A facility for the detention of juveniles for not more than 30 days . [for the violation of probation.

2. Eighteen]

2. The county jail, if the child is 18 years of age or older and [under the age of 21 years who has been placed on probation by the court to be placed either in the county jail or the state prison for the violation of probation.] if the child is separated by sight and sound from any adults confined therein.”.

Amend the title of the bill to read as follows:

“AN ACT relating to juvenile justice; revising the provisions relating to the confinement of juveniles in certain facilities; revising the provisions pertaining to juveniles who violate probation or parole; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes relating to juveniles. (BDR 16-575)”.