Senate Bill No. 7–Senator Wiener
Prefiled January 11, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions concerning certain
programs for children. (BDR 5‑84)
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; authorizing a director of juvenile services to create and
administer a fund to finance a program of restitution through work;
limiting the amount that may be deducted from the wages of a child in a program
of restitution through work; authorizing a director of juvenile services to create and administer
a fund to finance a program of cognitive training and human development; 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 62 of NRS is hereby
amended by adding thereto
1-2 the provisions set forth as sections 2 and 3 of this
act.
1-3 Sec. 2. 1. To finance a program of restitution through work
1-4 established
pursuant to NRS 62.2185, a director of juvenile services may
1-5 establish, with
the county treasurer as custodian, a special fund to be
1-6 known as the
restitution through work fund.
1-7 2. All
grants, gifts, donations, bequests and devises of money that a
1-8 director of
juvenile services is authorized to accept pursuant to NRS
1-9 62.2185 must be
deposited with the county treasurer for credit to the
1-10 fund.
1-11 3. The
fund must be a separate and continuing fund, and no money
1-12 in the fund
reverts to the general fund of the county at any time. The
1-13 interest earned
on the money in the fund, after deducting any applicable
1-14 charges, must be
credited to the fund.
1-15 4. Expenditures
from the fund must be used only for carrying out the
1-16 provisions of NRS
62.2185 and expended, to the extent permitted by law,
1-17 in accordance
with the terms of the grant, gift, donation, bequest or
2-1 devise. No
expenditure from the fund may be made until authorized by
2-2 the director of
juvenile services.
2-3 Sec. 3. 1. To finance a program of cognitive training and human
2-4 development
established pursuant to NRS 62.2195, a director of juvenile
2-5 services may
establish, with the county treasurer as custodian, a special
2-6 fund to be known
as the cognitive training and human development
2-7 fund.
2-8 2. All
grants, gifts, donations, bequests and devises of money that a
2-9 director of
juvenile services is authorized to accept pursuant to NRS
2-10 62.2195 must be
deposited with the county treasurer for credit to the
2-11 fund.
2-12 3. The
fund must be a separate and continuing fund, and no money
2-13 in the fund
reverts to the general fund of the county at any time. The
2-14 interest earned
on the money in the fund, after deducting any applicable
2-15 charges, must be
credited to the fund.
2-16 4. Expenditures
from the fund must be used only for carrying out the
2-17 provisions of NRS
62.2195 and expended, to the extent permitted by law,
2-18 in accordance
with the terms of the grant, gift, donation, bequest or
2-19 devise. No
expenditure from the fund may be made until authorized by
2-20 the director of
juvenile services.
2-21 Sec. 4. NRS
62.020 is hereby amended to read as follows:
2-22 62.020 As used in this chapter, unless the context
otherwise requires:
2-23 1. Except as otherwise provided in this
subsection, “child” means a
2-24 person who is:
2-25 (a) Less than
18 years of age; or
2-26 (b) Less than
21 years of age and subject to the jurisdiction of the
2-27 juvenile court for an act of delinquency that was
committed before the
2-28 person reached 18 years of age.
2-29 The term does not include a person who is excluded
from the jurisdiction
2-30 of the juvenile court pursuant to NRS 62.040 or a
person who is certified
2-31 for criminal proceedings as an adult pursuant to NRS
62.080 or 62.081.
2-32 2. “Court” means the juvenile division of the
district court.
2-33 3. “Director
of juvenile services” means:
2-34 (a) In a judicial district that does not
include a county whose
2-35 population is
100,000 or more, the chief probation officer who is
2-36 designated
pursuant to NRS 62.110;
2-37 (b) In a judicial district that includes a
county whose population is
2-38 100,000 or more
but less than 400,000, the director of juvenile services
2-39 who is appointed
pursuant to NRS 62.1225; or
2-40 (c) In a judicial district that includes a
county whose population is
2-41 400,000 or more:
2-42 (1) The director of juvenile services who is
appointed pursuant to
2-43 NRS 62.123; or
2-44 (2) The director of the department of
family, youth and juvenile
2-45 services, if such
a department has been established in the judicial district
2-46 pursuant to NRS
62.126 to 62.127, inclusive.
2-47 4. “Indian child” has the meaning ascribed to it
in 25 U.S.C. § 1903.
2-48 [4.] 5. “Indian Child Welfare Act” means the Indian
Child Welfare
2-49 Act of 1978, 25 U.S.C. §§ 1901 et seq.
3-1 [5.] 6. “Judge” means the judge of the juvenile
division of the district
3-2 court.
3-3 [6.] 7. “Juvenile court” or “juvenile division”
means:
3-4 (a) In any
judicial district that includes a county whose population is
3-5 100,000 or more, the family division of the district
court; or
3-6 (b) In any
other judicial district, the juvenile division of the district
3-7 court.
3-8 [7.] 8. “Minor traffic offense” means a violation of
any state or local
3-9 law, ordinance or resolution governing the operation
of a motor vehicle
3-10 upon any street, alley or highway within this state
other than:
3-11 (a) A
violation of chapter 484 or 706 of NRS that causes the death of a
3-12 person;
3-13 (b) A
violation of NRS 484.379; or
3-14 (c) Any
traffic offense declared to be a felony.
3-15 Sec. 5. NRS
62.2185 is hereby amended to read as follows:
3-16 62.2185 1. In
addition to the options set forth in NRS 62.211 and
3-17 62.213, the court may order a child who is found to
be within the purview
3-18 of this chapter to participate in a program of
restitution through work that
3-19 is established pursuant to this section if the
child:
3-20 (a) Is 14
years of age or older;
3-21 (b) Has never
been found to be within the purview of this chapter for an
3-22 unlawful act that involved the use or threatened use
of force or violence
3-23 against a victim and has never been found to have
committed such an
3-24 unlawful act in any other jurisdiction;
3-25 (c) Is
ordered to provide restitution to a victim; and
3-26 (d) Voluntarily
agrees to participate in the program of restitution
3-27 through work.
3-28 2. If the court orders a child to participate in
a program of restitution
3-29 through work, the court may order any or all of the
following, in the
3-30 following order of priority if practicable:
3-31 (a) The child
or the parent or guardian of the child, to the extent of his
3-32 financial ability, to pay the costs associated with
the participation of the
3-33 child in the program, including, without limitation,
a reasonable sum of
3-34 money to pay for the cost of policies of insurance
against liability for
3-35 personal injury and damage to property or for
industrial insurance, or both,
3-36 during those periods in which the child participates
in the program or
3-37 performs work, unless, in the case of industrial
insurance, it is provided by
3-38 the employer for which the child performs the work;
or
3-39 (b) The child
to work on projects or perform public service pursuant to
3-40 paragraph (i) of subsection 1 of NRS 62.211 for a
period that reflects the
3-41 costs associated with the participation of the child
in the program.
3-42 3. A director of juvenile services may establish
a program of
3-43 restitution through work. A program of restitution
through work must:
3-44 (a) Include,
without limitation, instruction in skills for employment and
3-45 work ethics; and
3-46 (b) Require a
child who participates in the program to:
3-47 (1) With
the assistance of the program and if practicable, seek and
3-48 obtain a position of employment with a public or
private employer; and
4-1 (2) Sign
an authorization form that permits money to be deducted
4-2 from the wages of the child to pay restitution. The
director of juvenile
4-3 services may prescribe the contents of the
authorization form and may
4-4 determine the amount of money to be deducted from
the wages of the child
4-5 to pay restitution [.] , but the director shall not require that more than 50
4-6 percent of the
wages of the child be deducted to pay restitution.
4-7 4. A program of restitution through work may
include, without
4-8 limitation, cooperative agreements with public or
private employers to
4-9 make available positions of employment for a child
who participates in the
4-10 program.
4-11 5. A director of juvenile services may terminate
participation by a
4-12 child in a program of restitution through work for
any lawful reason or
4-13 purpose.
4-14 6. A director of juvenile services may:
4-15 (a) Apply for , [and]
accept and expend
grants , [or]
gifts , donations,
4-16 bequests or
devises
to finance a program of restitution through work [;] in
4-17 the manner
provided in section 2 of this act; and
4-18 (b) Contract
with persons and public or private entities that are qualified
4-19 to operate or to participate in a program of
restitution through work.
4-20 7. A
director of juvenile services may designate a person to carry out
4-21 the provisions of
this section.
4-22 8. The provisions of this
section do not:
4-23 (a) Create a
right on behalf of a child to participate in a program of
4-24 restitution through work or to hold a position of
employment; or
4-25 (b) Establish
a basis for any cause of action against the state or its
4-26 officers or employees for denial of the ability to
participate in or for
4-27 removal from a program of restitution through work
or for denial of or
4-28 removal from a position of employment.
4-29 [8. As used in this
section, “director of juvenile services” means:
4-30 (a) In a judicial district that does not
include a county whose population
4-31 is 100,000 or
more, the chief probation officer who is designated pursuant
4-32 to NRS 62.110;
4-33 (b) In a judicial district that includes a
county whose population is
4-34 100,000 or more
but less than 400,000, the director of juvenile services
4-35 who is appointed
pursuant to NRS 62.1225;
4-36 (c) In a judicial district that includes a
county whose population is
4-37 400,000 or more:
4-38 (1) The director of juvenile services who is
appointed pursuant to
4-39 NRS 62.123; or
4-40 (2) The director of the department of
family, youth and juvenile
4-41 services, if such
a department has been established in the judicial district
4-42 pursuant to NRS
62.126 to 62.127, inclusive; or
4-43 (d) Any other person who is designated by a
person listed in paragraph
4-44 (a), (b) or (c) to
carry out the provisions of this section.]
4-45 Sec. 6. NRS
62.2195 is hereby amended to read as follows:
4-46 62.2195 1. In
addition to any other action authorized pursuant to the
4-47 provisions of this chapter, the court may order a
child who is found to be
4-48 within the purview of this chapter to complete a
program of cognitive
4-49 training and human development pursuant to this
section if:
5-1 (a) The child
has never been found to be within the purview of this
5-2 chapter; and
5-3 (b) The
unlawful act for which the child is found to be within the
5-4 purview of this chapter did not involve the use or
threatened use of force or
5-5 violence against a victim.
5-6 2. If the court orders a child to complete a
program of cognitive
5-7 training and human development, the court may order
any or all of the
5-8 following, in the following order of priority if
practicable:
5-9 (a) The child
or the parent or guardian of the child, to the extent of his
5-10 financial ability, to pay the costs associated with
the participation of the
5-11 child in the program, including, without limitation,
a reasonable sum of
5-12 money to pay for the cost of policies of insurance
against liability for
5-13 personal injury and damage to property during those
periods in which the
5-14 child participates in the program;
5-15 (b) The child
to work on projects or perform public service pursuant to
5-16 paragraph (i) of subsection 1 of NRS 62.211 for a
period that reflects the
5-17 costs associated with the participation of the child
in the program; or
5-18 (c) The
county in which the petition alleging the child to be delinquent
5-19 or in need of supervision is filed to pay the costs
associated with the
5-20 participation of the child in the program.
5-21 3. A program of cognitive training and human
development must
5-22 include, without limitation, education, instruction
or guidance in one or
5-23 more of the following subjects, as deemed
appropriate by the court:
5-24 (a) Motivation.
5-25 (b) Habits,
attitudes and conditioning.
5-26 (c) Self-conditioning
processes.
5-27 (d) Developing
a successful way of life.
5-28 (e) The
process of solving problems.
5-29 (f) Emotions
and emotional blocks.
5-30 (g) Assurances
and demonstrative maturity.
5-31 (h) Family
success.
5-32 (i) Family
relationships.
5-33 (j) Interfamilial
understanding and communications.
5-34 (k) Financial
stability.
5-35 (l) Effective communications.
5-36 (m) Conflict resolution.
5-37 (n) Anger
management.
5-38 (o) Obtaining
and retaining employment.
5-39 4. A
director of juvenile services may:
5-40 (a) Apply for , [and]
accept and expend
grants , [or]
gifts , donations,
5-41 bequests or
devises
to finance a program of cognitive training and human
5-42 development [;] in the manner provided in section 3 of this act; and
5-43 (b) Contract
with persons and public or private entities that are qualified
5-44 to operate or to participate in a program of
cognitive training and human
5-45 development.
5-46 5. [As used in
this section, “director of juvenile services” means:
5-47 (a) In a judicial district that does not
include a county whose population
5-48 is 100,000 or
more, the chief probation officer who is designated pursuant
5-49 to NRS 62.110;
6-1 (b) In a judicial district that includes a
county whose population is
6-2 100,000 or more
but less than 400,000, the director of juvenile services
6-3 who is appointed
pursuant to NRS 62.1225;
6-4 (c) In a judicial district that includes a
county whose population is
6-5 400,000 or more:
6-6 (1) The director of juvenile services who
is appointed pursuant to
6-7 NRS 62.123; or
6-8 (2) The director of the department of
family, youth and juvenile
6-9 services, if such
a department has been established in the judicial district
6-10 pursuant to NRS
62.126 to 62.127, inclusive; or
6-11 (d) Any other person who is designated by a
person listed in paragraph
6-12 (a), (b) or (c) to
carry out the provisions of this section.] A director of
6-13 juvenile services
may designate a person to carry out the provisions of
6-14 this section.
6-15 Sec. 7. This
act becomes effective upon passage and approval.
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