Senate Bill No. 37–Senator Wiener
Prefiled January 24, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provision requiring filing of
annual report regarding children placed under informal supervision. (BDR 5‑112)
FISCAL NOTE: Effect on Local Government: No.
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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 children; revising the provision requiring the filing of an annual
report regarding children placed under informal supervision; 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. NRS 62.129 is
hereby amended to read as follows:
1-2 62.129 1. A child alleged to be delinquent or in need
of supervision
1-3 may be placed under the
informal supervision of a probation officer if the
1-4 child voluntarily admits his
participation in the acts for which he was
1-5 referred to the probation
officer. If any of the acts would constitute a gross
1-6 misdemeanor or felony if
committed by an adult, the child may not be
1-7 placed under informal
supervision unless the district attorney approves of
1-8 the placement in writing.
The probation officer must advise the child and
1-9 his parent, guardian or
custodian that they may refuse informal supervision.
1-10 2. An agreement for
informal supervision must be entered into
1-11 voluntarily and
intelligently by the child with the advice of his attorney, or
1-12 by the child with the
consent of a parent, guardian or custodian if the child
1-13 is not represented by
counsel. The period of informal supervision must not
1-14 exceed 180 days. The terms
of the agreement must be clearly stated in
1-15 writing and signed by all
parties. A copy of the agreement must be given to
1-16 the child, the attorney for
the child, if any, the child’s parent, guardian or
1-17 custodian, and the probation
officer, who shall retain a copy in his file for
1-18 the case. The child and his
parent, guardian or custodian may terminate the
1-19 agreement at any time and
request the filing of a petition for formal
1-20 adjudication.
1-21 3. An agreement for
informal supervision may require a child to:
2-1 (a) Perform public service or provide restitution to any victim of
the
2-2 acts for which the child was
referred to the probation officer;
2-3 (b) Participate in a program of restitution through work that is
2-4 established pursuant to NRS
62.2185 if the child:
2-5 (1) Is 14 years of age or older;
2-6 (2) Has never been found to be within the purview of this
chapter for
2-7 an unlawful act that
involved the use or threatened use of force or violence
2-8 against a victim and has
never been found to have committed such an
2-9 unlawful act in any other
jurisdiction;
2-10 (3) Is required to provide restitution to a victim; and
2-11 (4) Voluntarily agrees to participate in the program of
restitution
2-12 through work;
2-13 (c) Complete a program of cognitive training and human development
2-14 pursuant to NRS 62.2195 if:
2-15 (1) The child has never
been found to be within the purview of this
2-16 chapter; and
2-17 (2) The unlawful act for which the child is found to be within
the
2-18 purview of this chapter did
not involve the use or threatened use of force or
2-19 violence against a victim;
or
2-20 (d) Engage in any combination of the activities set forth in
paragraphs
2-21 (a), (b) and (c).
2-22 4. If an agreement for
informal supervision requires a child to
2-23 participate in a program of
restitution through work as set forth in
2-24 paragraph (b) of subsection
3 or complete a program of cognitive training
2-25 and human development as set
forth in paragraph (c) of subsection 3, the
2-26 agreement may also require
any or all of the following, in the following
2-27 order of priority if
practicable:
2-28 (a) The child or the parent or guardian of the child, to the extent
of his
2-29 financial ability, to pay
the costs associated with the participation of the
2-30 child in the program,
including, without limitation, a reasonable sum of
2-31 money to pay for the cost of
policies of insurance against liability for
2-32 personal injury and damage
to property during those periods in which the
2-33 child participates in the
program or performs work, and in the case of a
2-34 program of restitution through
work, for industrial insurance, unless the
2-35 industrial insurance is
provided by the employer for which the child
2-36 performs the work; or
2-37 (b) The child to work on projects or perform public service
pursuant to
2-38 paragraph (i) of subsection
1 of NRS 62.211 for a period that reflects the
2-39 costs associated with the
participation of the child in the program.
2-40 5. If a child is placed
under informal supervision, a petition based upon
2-41 the events out of which the
original complaint arose may be filed only
2-42 within 180 days after entry
into the agreement for informal supervision. If
2-43 a petition is filed within
that period, the child may withdraw the admission
2-44 he made pursuant to
subsection 1. The child’s compliance with all proper
2-45 and reasonable terms of the
agreement constitute grounds for the court to
2-46 dismiss the petition.
2-47 6. [A] Upon the request of the court, a probation
officer shall file
2-48 [annually] with the court a report of
the number of children placed under
2-49 informal supervision during
the previous year, the conditions imposed in
3-1 each case and the number of
cases that were successfully completed
3-2 without the filing of a
petition.
3-3 Sec. 2. This act
becomes effective on July 1, 2001.
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