(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 230
Senate Bill No. 230–Committee on Judiciary
(On Behalf of Interim Study of System of
Juvenile Justice in Nevada (ACR 13))
February 22, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes relating to juveniles. (BDR 16‑575)
FISCAL NOTE: Effect on Local Government: Yes.
CONTAINS UNFUNDED MANDATE (§§ 10, 12)
(Not Requested by Affected Local Government)
~
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).
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.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 210 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.
1-3 Sec. 2. As used in this chapter, unless the context otherwise
1-4 requires, the words and terms defined in sections 3 to 8, inclusive, of this
1-5 act have the meanings ascribed to them in those sections.
1-6 Sec. 3. “Administrator” means the administrator of the division of
1-7 child and family services of the department of human resources.
1-8 Sec. 4. “Committing court” means a juvenile court that commits a
1-9 person to the Nevada youth training center pursuant to NRS 210.180 or
1-10 to the Caliente youth center pursuant to NRS 210.580.
1-11 Sec. 5. “Director” means the director of the department of human
1-12 resources.
1-13 Sec. 6. “Juvenile court” or “court” means:
1-14 1. In any judicial district that includes a county whose population is
1-15 100,000 or more, the family division of the district court; or
1-16 2. In any other judicial district, the juvenile division of the district
1-17 court.
2-1 Sec. 7. “Local or regional facility for children” includes, without
2-2 limitation:
2-3 1. A detention home for children that is operated pursuant to NRS
2-4 62.180.
2-5 2. A regional facility for children that is operated pursuant to NRS
2-6 62.840 or 62.845.
2-7 Sec. 8. “Youth parole bureau” means the youth parole bureau of the
2-8 division of child and family services of the department of human
2-9 resources.
2-10 Sec. 9. NRS 210.010 is hereby amended to read as follows:
2-11 210.010 As used in NRS 210.010 to 210.290, inclusive[:
2-12 1. “Administrator” means the administrator of the division of child and
2-13 family services in the department of human resources.
2-14 2. “Director” means the director of the department of human resources.
2-15 3. “Juvenile court” means:
2-16 (a) In any judicial district that includes a county whose population is
2-17 100,000 or more, the family division of the district court; or
2-18 (b) In any other judicial district, the juvenile division of the district
2-19 court.
2-20 4.] , unless the context otherwise requires:
2-21 1. “School” means the Nevada youth training center.
2-22 [5.] 2. “Superintendent” means the superintendent of the school.
2-23 [6. “Youth parole bureau” means the youth parole bureau of the
2-24 division of child and family services in the department of human
2-25 resources.]
2-26 Sec. 10. NRS 210.250 is hereby amended to read as follows:
2-27 210.250 1. [The] If a person is paroled from the school, the chief of
2-28 the youth parole bureau may petition the committing court requesting that
2-29 the court suspend, modify or revoke the parole of [a person paroled from
2-30 the school be suspended, modified or revoked.] the parolee or sanction the
2-31 parolee for violating his parole.
2-32 2. Pending a hearing, the committing court may order:
2-33 (a) The return of the parolee to the school; or
2-34 (b) [If] The confinement of the parolee in:
2-35 (1) The local or regional facility for children, if the confinement is
2-36 approved by the local [juvenile facility, that the parolee be held in the local
2-37 juvenile facility.
2-38 3. The] or regional facility for children; or
2-39 (2) The county jail, if the parolee will be 18 years of age or older
2-40 when the confinement begins and if the parolee will be separated by sight
2-41 and sound from any adults who are confined or detained therein.
2-42 3. If the parolee is confined in the local or regional facility for
2-43 children pursuant to subsection 2, the youth parole bureau shall pay all
2-44 actual and reasonably necessary costs for the confinement of [a parolee in
2-45 the local juvenile facility.] the parolee for the period that the parolee is
2-46 confined pending a hearing.
2-47 4. If requested, the committing court shall allow the parolee reasonable
2-48 time to prepare for the hearing.
3-1 5. The required hearing may be conducted by a judge or master of the
3-2 committing court, who shall render a decision within 10 days after the
3-3 conclusion of the hearing.
3-4 6. If the committing court finds that the parolee violated his parole,
3-5 the court may do any or all of the following:
3-6 (a) Suspend, modify or revoke parole.
3-7 (b) Order the confinement of the parolee, for not more than 30 days,
3-8 in:
3-9 (1) The local or regional facility for children, if the confinement is
3-10 approved by the local or regional facility for children; or
3-11 (2) The county jail, if the parolee will be 18 years of age or older
3-12 when the confinement begins and if the parolee will be separated by sight
3-13 and sound from any adults who are confined or detained therein.
3-14 (c) Take any other appropriate action.
3-15 Sec. 11. NRS 210.400 is hereby amended to read as follows:
3-16 210.400 As used in NRS 210.400 to 210.715, inclusive[:
3-17 1. “Administrator” means the administrator of the division of child and
3-18 family services in the department of human resources.
3-19 2. “Director” means the director of the department of human resources.
3-20 3. “Juvenile court” means:
3-21 (a) In any judicial district that includes a county whose population is
3-22 100,000 or more, the family division of the district court; or
3-23 (b) In any other judicial district, the juvenile division of the district
3-24 court.
3-25 4.] , unless the context otherwise requires:
3-26 1. “School” means the Caliente youth center.
3-27 [5.] 2. “Superintendent” means the superintendent of the school.
3-28 [6. “Youth parole bureau” means the youth parole bureau of the
3-29 division of child and family services in the department of human
3-30 resources.]
3-31 Sec. 12. NRS 210.680 is hereby amended to read as follows:
3-32 210.680 1. [The] If a person is paroled from the school, the chief of
3-33 the youth parole bureau may petition the committing court requesting that
3-34 the court suspend, modify or revoke the parole of [a person paroled from
3-35 the school be suspended, modified or revoked.] the parolee or sanction the
3-36 parolee for violating his parole.
3-37 2. Pending a hearing, the committing court may order:
3-38 (a) The return of the parolee to the school; or
3-39 (b) [If] The confinement of the parolee in:
3-40 (1) The local or regional facility for children, if the confinement is
3-41 approved by the local [juvenile facility, that the parolee be held in the local
3-42 juvenile facility.
3-43 3. The] or regional facility for children; or
3-44 (2) The county jail, if the parolee will be 18 years of age or older
3-45 when the confinement begins and if the parolee will be separated by sight
3-46 and sound from any adults who are confined or detained therein.
3-47 3. If the parolee is confined in the local or regional facility for
3-48 children pursuant to subsection 2, the youth parole bureau shall pay all
3-49 actual and reasonably necessary costs for the confinement of [a parolee in
4-1 the local juvenile facility.] the parolee for the period that the parolee is
4-2 confined pending a hearing.
4-3 4. If requested, the committing court shall allow the parolee reasonable
4-4 time to prepare for the hearing.
4-5 5. The required hearing may be conducted by a judge or master of the
4-6 committing court, who shall render a decision within 10 days after the
4-7 conclusion of the hearing.
4-8 6. If the committing court finds that the parolee violated his parole,
4-9 the court may do any or all of the following:
4-10 (a) Suspend, modify or revoke parole.
4-11 (b) Order the confinement of the parolee, for not more than 30 days,
4-12 in:
4-13 (1) The local or regional facility for children, if the confinement is
4-14 approved by the local or regional facility for children; or
4-15 (2) The county jail, if the parolee will be 18 years of age or older
4-16 when the confinement begins and if the parolee will be separated by sight
4-17 and sound from any adults who are confined or detained therein.
4-18 (c) Take any other appropriate action.
4-19 Sec. 13. NRS 210.735 is hereby amended to read as follows:
4-20 210.735 The chief of the youth parole bureau may:
4-21 1. Appoint such employees as are necessary to carry out the functions
4-22 of the bureau.
4-23 2. With the approval of the administrator , [of the division of child and
4-24 family services in the department of human resources,] enter into contracts
4-25 with colleges, universities and other organizations for:
4-26 (a) Research in the field of delinquency and crime prevention.
4-27 (b) Training special workers, including parole officers and social
4-28 workers, whether volunteers or not, or whether they are on a part-time or
4-29 full-time basis, engaged in the fields of education, recreation, mental
4-30 hygiene and the treatment and prevention of delinquency.
4-31 Sec. 14. NRS 210.750 is hereby amended to read as follows:
4-32 210.750 1. Each person who is paroled from the Nevada youth
4-33 training center or the Caliente youth center must be placed in a reputable
4-34 home and in either an educational or work program or both. The chief of
4-35 the youth parole bureau may pay the expenses incurred in providing
4-36 alternative placements for residential programs and for structured
4-37 nonresidential programs from money appropriated to the bureau for that
4-38 purpose.
4-39 2. The chief may accept money of parolees for safekeeping pending
4-40 their discharges from parole. The chief must deposit the money in accounts
4-41 in banks, credit unions or savings and loan associations that are federally
4-42 insured or insured by a private insurer approved pursuant to NRS 678.755.
4-43 He shall keep or cause to be kept a fair and full account of the money, and
4-44 shall submit such reports concerning the accounts to the administrator , [of
4-45 the division of child and family services of the department of human
4-46 resources] as the administrator may require.
4-47 3. When any person so paroled has proven his ability to make an
4-48 acceptable adjustment outside the center or, in the opinion of the chief, is
4-49 no longer amenable to treatment as a juvenile, the chief shall apply to the
5-1 committing court for a dismissal of all proceedings and accusations
5-2 pending against the person.
5-3 4. Before the chief recommends that the committing court revoke a
5-4 person’s parole, he shall ascertain from the superintendent of the
5-5 appropriate center whether adequate facilities remain available at the center
5-6 to provide the necessary care for the person. If the superintendent advises
5-7 that there are not such facilities available, that there is not enough money
5-8 available for support of the person at the center or that the person is not
5-9 suitable for admission to the center, the chief shall report that fact to the
5-10 administrator , [of the division of child and family services,] who shall
5-11 recommend a suitable alternative to the court.
5-12 Sec. 15. NRS 62.170 is hereby amended to read as follows:
5-13 62.170 1. Except as otherwise provided in NRS 62.172 and 62.175, a
5-14 peace officer or probation officer may take into custody any child:
5-15 (a) Who the officer has probable cause to believe is violating or has
5-16 violated any law, ordinance or rule or regulation having the force of law; or
5-17 (b) Whose conduct indicates that he is a child in need of supervision.
5-18 2. Except as otherwise provided in this section and NRS 62.172 and
5-19 484.383, if a child is taken into custody:
5-20 (a) The officer shall, without undue delay, attempt to notify, if known,
5-21 the parent, guardian or custodian of the child;
5-22 (b) The facility in which the child is detained shall, without undue
5-23 delay:
5-24 (1) Notify a probation officer; and
5-25 (2) Attempt to notify, if known, the parent, guardian or custodian of
5-26 the child if such notification was not accomplished pursuant to paragraph
5-27 (a); and
5-28 (c) Unless it is impracticable or inadvisable or has been otherwise
5-29 ordered by the court, the child must be released to the custody of his parent
5-30 or other responsible adult who has signed a written agreement to bring the
5-31 child to the court at a stated time or at such time as the court may direct.
5-32 The written agreement must be submitted to the court as soon as possible.
5-33 If this person fails to produce the child as agreed or upon notice from the
5-34 court, a writ may be issued for the attachment of the person or of the child
5-35 requiring that the person or child, or both of them, be brought into the court
5-36 at a time stated in the writ.
5-37 3. Except as otherwise provided in this section and NRS 62.172, if a
5-38 child who is taken into custody is not released pursuant to subsection 2:
5-39 (a) The child must be taken without unnecessary delay to:
5-40 (1) The court; or
5-41 (2) The place of detention designated by the court and, as soon as
5-42 possible thereafter, the fact of detention must be reported to the court; and
5-43 (b) Pending further disposition of the case, the court may order that the
5-44 child be:
5-45 (1) Released to the custody of the parent or other person appointed by
5-46 the court;
5-47 (2) Detained in such place as is designated by the court, subject to
5-48 further order of the court; or
6-1 (3) Conditionally released for supervised detention at the home of the
6-2 child in lieu of detention at a facility for the detention of juveniles.
6-3 4. A child who is taken into custody for committing a battery that
6-4 constitutes domestic violence pursuant to NRS 33.018 must not be released
6-5 from custody sooner than 12 hours after he is taken into custody.
6-6 5. Except as otherwise provided in subsection 4 and NRS 62.172, if a
6-7 child is alleged to be delinquent or in need of supervision, the child must
6-8 not, before disposition of the case, be detained in a facility for the secure
6-9 detention of juveniles unless there is probable cause to believe that:
6-10 (a) If the child is not detained, he is likely to commit an offense
6-11 dangerous to himself or to the community, or likely to commit damage to
6-12 property;
6-13 (b) The child will run away or be taken away so as to be unavailable for
6-14 proceedings of the court or to its officers;
6-15 (c) The child was brought to the probation officer pursuant to a court
6-16 order or warrant; or
6-17 (d) The child is a fugitive from another jurisdiction.
6-18 6. If a child is not alleged to be delinquent or in need of supervision,
6-19 the child must not, at any time, be confined or detained in:
6-20 (a) A facility for the secure detention of juveniles; or
6-21 (b) Any police station, lockup, jail, prison or other facility in which
6-22 adults are detained or confined.
6-23 7. If a child is less than 18 years of age, the child must not, at any time,
6-24 be confined or detained in any police station, lockup, jail, prison or other
6-25 facility where the child has regular contact with any adult who is confined
6-26 or detained therein and who has been convicted of a crime or charged with
6-27 a crime, unless:
6-28 (a) The child is alleged to be delinquent;
6-29 (b) An alternative facility is not available; and
6-30 (c) The child is separated by sight and sound from any adults who are
6-31 confined or detained therein.
6-32 8. If a child is 18 years of age or older, the child may be confined or
6-33 detained in any police station, lockup, jail, prison or other facility in
6-34 which adults are detained or confined if the child is separated by sight
6-35 and sound from any adults who are confined or detained therein.
6-36 9. If a child who is alleged to be delinquent is taken into custody and
6-37 detained, the child must be given a detention hearing, conducted by the
6-38 judge or master:
6-39 (a) Within 24 hours after the child submits a written application;
6-40 (b) In a county whose population is less than 100,000, within 24 hours
6-41 after the commencement of detention at a police station, lockup, jail, prison
6-42 or other facility in which adults are detained or confined;
6-43 (c) In a county whose population is 100,000 or more, within 6 hours
6-44 after the commencement of detention at a police station, lockup, jail, prison
6-45 or other facility in which adults are detained or confined; or
6-46 (d) Within 72 hours after the commencement of detention at a facility in
6-47 which adults are not detained or confined,
7-1 whichever occurs first, excluding Saturdays, Sundays and holidays. A child
7-2 must not be released after a detention hearing without the written consent
7-3 of the judge or master.
7-4 [9.] 10. If the parent, guardian or custodian of the child appears with
7-5 or on behalf of the child at a detention hearing, the judge or master shall
7-6 provide to him a certificate of attendance which he may provide to his
7-7 employer. The certificate of attendance must set forth the date and time of
7-8 appearance and the provisions of NRS 62.900. The certificate of attendance
7-9 must not set forth the name of the child or the offense alleged.
7-10 [10.] 11. Except as otherwise provided in subsection [11,] 12, if a
7-11 child who is alleged to be in need of supervision is taken into custody and
7-12 detained, the child must be released within 24 hours, excluding Saturdays,
7-13 Sundays and holidays, after his initial contact with a peace officer to his
7-14 parent, guardian or custodian, to any other person who is able to provide
7-15 adequate care and supervision, or to shelter care, unless the court holds a
7-16 detention hearing and determines the child:
7-17 (a) Has threatened to run away from home or from the shelter;
7-18 (b) Is accused of violent behavior at home; or
7-19 (c) Is accused of violating the terms of his supervision and consent
7-20 decree.
7-21 If the court makes such a determination, the child may be detained for an
7-22 additional 24 hours after the hearing, excluding Saturdays, Sundays and
7-23 holidays, if needed by the court to make an alternative placement. Such an
7-24 alternative placement must be in a facility in which there are no physically
7-25 restraining devices or barriers. A child must not be detained pursuant to
7-26 this subsection for a total period in excess of 48 hours, excluding
7-27 Saturdays, Sundays and holidays.
7-28 [11.] 12. If a child who is alleged to be in need of supervision is taken
7-29 into custody and detained, the child need not be released pursuant to
7-30 subsection [10,] 11, if the court holds a detention hearing and determines
7-31 the child:
7-32 (a) Is a ward of a federal court or held pursuant to federal statute;
7-33 (b) Has run away from another state and a jurisdiction within the state
7-34 has issued a want, warrant or request for the child; or
7-35 (c) Is accused of violating a valid court order.
7-36 If the court makes such a determination, the child may be detained for such
7-37 an additional period as necessary for the court to return the child to the
7-38 jurisdiction from which he originated or to make an alternative placement.
7-39 Such an alternative placement must be in a facility in which there are no
7-40 physically restraining devices or barriers.
7-41 [12.] 13. During the pendency of a criminal or quasi-criminal charge
7-42 of a crime excluded from the original jurisdiction of the juvenile court
7-43 pursuant to NRS 62.040, a child may petition the juvenile court for
7-44 temporary placement in a facility for the detention of juveniles.
7-45 [13.] 14. In determining whether to release a child pursuant to this
7-46 section to a person other than his parent, guardian or custodian, preference
7-47 must be given to any person related within the third degree of
7-48 consanguinity to the child who is suitable and able to provide proper care
7-49 and guidance for the child.
8-1 Sec. 16. NRS 62.172 is hereby amended to read as follows:
8-2 62.172 1. If a peace officer or probation officer has probable cause to
8-3 believe that a child is committing or has committed an offense that
8-4 involves the possession, use or threatened use of a firearm, the officer shall
8-5 take the child into custody.
8-6 2. If a child is taken into custody for an offense described in subsection
8-7 1, the child must not be released before a detention hearing is held pursuant
8-8 to subsection [8] 9 of NRS 62.170.
8-9 3. At a detention hearing held pursuant to subsection [8] 9 of NRS
8-10 62.170 concerning a child who was taken into custody for an offense
8-11 described in subsection 1, the judge or master shall determine whether to
8-12 order the child to be evaluated by a qualified professional. If the judge or
8-13 master orders a child to be evaluated by a qualified professional, the
8-14 evaluation must be completed within 14 days after the detention hearing.
8-15 Until the evaluation is completed, the child must be:
8-16 (a) Detained at a facility for the detention of juveniles; or
8-17 (b) Placed under a program of supervision in his home that may include
8-18 electronic surveillance of the child.
8-19 4. If a child is evaluated by a qualified professional pursuant to
8-20 subsection 3, the statements made by the child to the qualified professional
8-21 during the evaluation and any evidence directly or indirectly derived from
8-22 those statements may not be used for any purpose in a proceeding which is
8-23 conducted to prove that the child committed a delinquent act or criminal
8-24 offense. The provisions of this subsection do not prohibit the district
8-25 attorney from proving that the child committed a delinquent act or criminal
8-26 offense based upon evidence obtained from sources or by means that are
8-27 independent of the statements made by the child to the qualified
8-28 professional during the evaluation conducted pursuant to subsection 3.
8-29 5. As used in this section:
8-30 (a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS
8-31 202.253.
8-32 (b) “Qualified professional” means:
8-33 (1) A psychiatrist licensed to practice medicine in this state and
8-34 certified by the American Board of Psychiatry and Neurology, Inc.;
8-35 (2) A psychologist licensed to practice in this state;
8-36 (3) A social worker holding a master’s degree in social work and
8-37 licensed in this state as a clinical social worker;
8-38 (4) A registered nurse holding a master’s degree in the field of
8-39 psychiatric nursing and licensed to practice professional nursing in this
8-40 state; or
8-41 (5) A marriage and family therapist licensed in this state pursuant to
8-42 chapter 641A of NRS.
8-43 Sec. 17. NRS 62.271 is hereby amended to read as follows:
8-44 62.271 [Whenever the court has taken jurisdiction over a person
8-45 pursuant to the provisions of this chapter, it may order any person:
8-46 1. Under the age of 18 years who has been adjudicated to be
8-47 delinquent and placed on probation by the court to be placed in a] If a
8-48 child who has been adjudicated delinquent and placed on probation
9-1 violates a condition of probation, for the violation of probation, the court
9-2 may order that the child be confined in:
9-3 1. A facility for the detention of juveniles for not more than 30 days .
9-4 [for the violation of probation.
9-5 2. Eighteen]
9-6 2. The county jail, if the child is 18 years of age or older and [under
9-7 the age of 21 years who has been placed on probation by the court to be
9-8 placed either in the county jail or the state prison for the violation of
9-9 probation.] if the child is separated by sight and sound from any adults
9-10 confined therein.
9-11 Sec. 18. NRS 210.730 is hereby repealed.
9-12 Sec. 19. The provisions of subsection 1 of NRS 354.599 do not apply
9-13 to any additional expenses of a local government that are related to the
9-14 provisions of this act.
9-15 Sec. 20. This act becomes effective on July 1, 2001.
9-16 TEXT OF REPEALED SECTION
9-17 NRS 210.730 “Youth parole bureau” defined. As used in NRS
9-18 210.735 to 210.755, inclusive, “youth parole bureau” means the youth
9-19 parole bureau of the division of child and family services in the department
9-20 of human resources.
9-21 H