Senate Bill No. 37–Senator Wiener

 

CHAPTER..........

 

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:

 

   Section 1. NRS 62.129 is hereby amended to read as follows:

   62.129  1.  A child alleged to be delinquent or in need of supervision

 may be placed under the informal supervision of a probation officer if the

 child voluntarily admits his participation in the acts for which he was

 referred to the probation officer. If any of the acts would constitute a gross

 misdemeanor or felony if committed by an adult, the child may not be

 placed under informal supervision unless the district attorney approves of

 the placement in writing. The probation officer must advise the child and

 his parent, guardian or custodian that they may refuse informal

 supervision.

   2.  An agreement for informal supervision must be entered into

 voluntarily and intelligently by the child with the advice of his attorney, or

 by the child with the consent of a parent, guardian or custodian if the child

 is not represented by counsel. The period of informal supervision must not

 exceed 180 days. The terms of the agreement must be clearly stated in

 writing and signed by all parties. A copy of the agreement must be given

 to the child, the attorney for the child, if any, the child’s parent, guardian

 or custodian, and the probation officer, who shall retain a copy in his file

 for the case. The child and his parent, guardian or custodian may terminate

 the agreement at any time and request the filing of a petition for formal

 adjudication.

   3.  An agreement for informal supervision may require a child to:

   (a) Perform public service or provide restitution to any victim of the

 acts for which the child was referred to the probation officer;

   (b) Participate in a program of restitution through work that is

 established pursuant to NRS 62.2185 if the child:

     (1) Is 14 years of age or older;

     (2) Has never been found to be within the purview of this chapter for

 an unlawful act that involved the use or threatened use of force or violence

 against a victim and has never been found to have committed such an

 unlawful act in any other jurisdiction;

     (3) Is required to provide restitution to a victim; and

     (4) Voluntarily agrees to participate in the program of restitution

 through work;

   (c) Complete a program of cognitive training and human development

 pursuant to NRS 62.2195 if:

     (1) The child has never been found to be within the purview of this

 chapter; and

     (2) The unlawful 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 against a victim; or

   (d) Engage in any combination of the activities set forth in paragraphs

 (a), (b) and (c).

   4.  If an agreement for informal supervision requires a child to

participate in a program of restitution through work as set forth in

 paragraph (b) of subsection 3 or complete a program of cognitive training

 and human development as set forth in paragraph (c) of subsection 3, the

 agreement may also require any or all of the following, in the following

 order of priority if practicable:

   (a) The child or 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, without limitation, 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 or performs work, and in the case of a

 program of restitution through work, for industrial insurance, unless the

 industrial insurance is provided by the employer for which the child

 performs the work; or

   (b) The child to work on projects or perform public service pursuant to

 paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the

 costs associated with the participation of the child in the program.

   5.  If a child is placed under informal supervision, a petition based upon

 the events out of which the original complaint arose may be filed only

 within 180 days after entry into the agreement for informal supervision. If

 a petition is filed within that period, the child may withdraw the admission

 he made pursuant to subsection 1. The child’s compliance with all proper

 and reasonable terms of the agreement constitute grounds for the court to

 dismiss the petition.

   6.  [A] Upon the request of the court, a probation officer shall file

 [annually] with the court a report of the number of children placed under

 informal supervision during the previous year, the conditions imposed in

 each case and the number of cases that were successfully completed

 without the filing of a petition.

   Sec. 2.  This act becomes effective on July 1, 2001.

 

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