Senate Bill No. 262–Committee on Legislative
Affairs and Operations

 

(On Behalf of Interim Study of System of
Juvenile Justice in Nevada (ACR 13))

 

February 28, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Creates legislative committee on juvenile justice. (BDR 17‑572)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to juvenile justice; creating a legislative committee on juvenile justice; providing the powers and duties of the committee; 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 218 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the

1-4  context otherwise requires, “committee” means the legislative committee

1-5  on juvenile justice.

1-6    Sec. 3.  1.  The legislative committee on juvenile justice is hereby

1-7  created.

1-8    2.  The committee consists of eight legislative members who must be

1-9  appointed as follows:

1-10    (a) The majority leader of the senate shall appoint one member from

1-11  the senate who served as a member of the senate standing committee on

1-12  judiciary during the immediately preceding session of the legislature and

1-13  three other members from the senate. Of the four members appointed to

1-14  the committee pursuant to this paragraph, at least one member must be a

1-15  member of the minority political party in the senate.

1-16    (b) The speaker of the assembly shall appoint one member from the

1-17  assembly who served as a member of the assembly standing committee on

1-18  judiciary during the immediately preceding session of the legislature and

1-19  three other members from the assembly. Of the four members appointed

2-1  to the committee pursuant to this paragraph, at least one member must

2-2  be a member of the minority political party in the assembly.

2-3    3.  After the initial appointment of the members of the committee, the

2-4  legislative commission shall select the chairman and vice chairman of

2-5  the committee from among the members of the committee. After the

2-6  initial selection of those officers, each of those officers holds the position

2-7  for a term of 2 years commencing on July 1 of each odd-numbered year.

2-8  The chairmanship of the committee must alternate each biennium

2-9  between the houses of the legislature. If a vacancy occurs in the

2-10  chairmanship or vice chairmanship, the vacancy must be filled in the

2-11  same manner as the original selection for the remainder of the unexpired

2-12  term.

2-13    4.  A member of the committee who is not a candidate for reelection

2-14  or who is defeated for reelection continues to serve until the convening of

2-15  the next regular session of the legislature.

2-16    5.  A vacancy on the committee must be filled in the same manner as

2-17  the original appointment.

2-18    Sec. 4.  1.  The members of the committee shall meet throughout the

2-19  year at the times and places specified by a call of the chairman or a

2-20  majority of the committee.

2-21    2.  Five members of the committee constitute a quorum, and a

2-22  quorum may exercise all the power and authority conferred on the

2-23  committee.

2-24    3.  The director of the legislative counsel bureau or his designee shall

2-25  act as the nonvoting recording secretary of the committee.

2-26    4.  Except during a regular or special session of the legislature, for

2-27  each day or portion of a day during which a member of the committee

2-28  attends a meeting of the committee or is otherwise engaged in the work of

2-29  the committee, he is entitled to receive the:

2-30    (a) Compensation provided for a majority of the members of the

2-31  legislature during the first 60 days of the preceding regular session;

2-32    (b) Per diem allowance provided for state officers and employees

2-33  generally; and

2-34    (c) Travel expenses provided pursuant to NRS 218.2207.

2-35    5.  The compensation, per diem allowances and travel expenses of the

2-36  members of the committee must be paid from the legislative fund.

2-37    Sec. 5.  1.  The committee shall research, investigate, evaluate,

2-38  review and comment upon issues related to juvenile justice within this

2-39  state. Those issues may include, without limitation:

2-40    (a) The use of restorative justice, graduated sanctions, community-

2-41  based programs and other programs as an alternative to the detention or

2-42  commitment of certain juveniles.

2-43    (b) The exercise of concurrent or alternating jurisdiction over certain

2-44  juveniles by the juvenile court and by the criminal division of the district

2-45  court, or the exercise of criminal jurisdiction over certain juveniles by

2-46  the juvenile court.

2-47    (c) The use of blended sentencing and other concepts that involve the

2-48  imposition of both juvenile sanctions and adult sentences for certain

2-49  juveniles.

3-1    (d) The standards and procedures used by the juvenile court to certify

3-2  certain juveniles for criminal proceedings as an adult.

3-3    (e) The need for and the operation of detention and correctional

3-4  facilities at the state, regional and local level.

3-5    (f) The structure, funding and integration of the system of juvenile

3-6  justice at the state, regional and local level.

3-7    (g) Consideration of whether children of racial and ethnic minorities

3-8  are disproportionately taken into custody, detained or referred to the

3-9  system of juvenile justice within this state.

3-10    (h) Any matter which affects juvenile justice within this state and

3-11  which relates to:

3-12      (1) Gang involvement.

3-13      (2) Substance abuse, mental health or aftercare.

3-14      (3) Gender-specific treatment or care.

3-15      (4) Truancy or school violence.

3-16      (5) Education for juveniles who are suspended or expelled from

3-17  school.

3-18      (6) Education for juveniles who are placed in detention or

3-19  correctional facilities at the state, regional and local level.

3-20      (7) The collection, distribution and use of information and data. 

3-21    (i) Any other matter that, in the determination of the committee,

3-22  affects juvenile justice within this state.

3-23    2.  In carrying out its functions and duties, the committee may:

3-24    (a) Conduct investigations and hold hearings.

3-25    (b) Request that the legislative counsel bureau assist in any research,

3-26  investigation, evaluation, hearing or review conducted by the committee.

3-27    (c) Make recommendations concerning the manner in which the

3-28  system of juvenile justice is administered within this state and provide

3-29  those recommendations to governing bodies, agencies, officers,

3-30  employees and instrumentalities of federal, state or local government and

3-31  to any other person who is concerned with juvenile justice within this

3-32  state.

3-33    (d) Recommend to the legislature any appropriate legislation

3-34  concerning juvenile justice or any matter that affects juvenile justice

3-35  within this state.

3-36    Sec. 6.  1.  If the committee conducts investigations or holds

3-37  hearings in carrying out its functions and duties:

3-38    (a) The secretary of the committee or, in his absence, a member

3-39  designated by the committee may administer oaths.

3-40    (b) The secretary or chairman of the committee may cause the

3-41  deposition of witnesses, residing either within or outside of this state, to

3-42  be taken in the manner prescribed by rule of court for taking depositions

3-43  in civil actions in the district courts.

3-44    (c) The chairman of the committee may issue subpoenas to compel the

3-45  attendance of witnesses and the production of books and papers.

3-46    2.  If a witness refuses to attend or testify or produce books or papers

3-47  as required by the subpoena, the chairman of the committee may report

3-48  to the district court by a petition which sets forth that:

4-1    (a) Due notice has been given of the time and place of attendance of

4-2  the witness or the production of the books or papers;

4-3    (b) The witness has been subpoenaed by the committee pursuant to

4-4  this section; and

4-5    (c) The witness has failed or refused to attend or produce the books or

4-6  papers required by the subpoena before the committee that is named in

4-7  the subpoena, or has refused to answer questions propounded
to him.

4-8  The petition may request an order of the court compelling the witness to

4-9  attend and testify or produce the books and papers before the committee.

4-10    3.  Upon such a petition, the court shall enter an order directing the

4-11  witness to appear before the court at a time and place to be fixed by the

4-12  court in its order, the time to be not more than 10 days after the date of

4-13  the order, and to show cause why he has not attended or testified or

4-14  produced the books or papers before the committee. A certified copy of

4-15  the order must be served upon the witness.

4-16    4.  If it appears to the court that the subpoena was regularly issued by

4-17  the committee, the court shall enter an order that the witness appear

4-18  before the committee at the time and place fixed in the order and testify

4-19  or produce the required books or papers. Failure to obey the order

4-20  constitutes contempt of court.

4-21    Sec. 7.  Each witness who appears before the committee by its order,

4-22  except a state officer or employee, is entitled to receive for his attendance

4-23  the fees and mileage provided for witnesses in civil cases in the courts of

4-24  record of this state. The fees and mileage must be audited and paid upon

4-25  the presentation of proper claims sworn to by the witness and approved

4-26  by the secretary and chairman of the committee.

4-27    Sec. 8.  This act becomes effective on July 1, 2001, and expires by

4-28  limitation on July 1, 2005.

 

4-29  H