Assembly Concurrent Resolution No. 18–Committee
on Judiciary

 

May 1, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Directs Legislative Commission to conduct interim study of juvenile justice system in Nevada. (BDR R‑1285)

 

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

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of the juvenile justice system in Nevada.

 

1-1  Whereas, The juvenile court system was created in the United

1-2  States in the early 20th century on the philosophy that children are

1-3  inherently different from adults and that states should take on the

1-4  responsibility of protecting and rehabilitating young offenders; and

1-5  Whereas, The fundamental difference between the juvenile

1-6  justice system and the criminal justice system is that rehabilitation is

1-7  considered to be the primary goal for young offenders and, despite

1-8  actual declines in youth crime rates, research indicates an increasing

1-9  emphasis on punishment and detention and a decreasing emphasis

1-10  on treatment and rehabilitation; and

1-11      Whereas, Institutionalization of young offenders has proven

1-12  expensive and Nevada spends an average of $95 to $105 per day, or

1-13  almost $40,000 per year, on each such offender, which is more than

1-14  four times the cost of full-time enrollment at a state university for 1

1-15  year; and

1-16      Whereas, Serious concerns have been raised regarding the

1-17  resources available to rehabilitate young offenders and the quality of

1-18  supervision and treatment of such youth in state juvenile

1-19  correctional facilities; and

1-20      Whereas, The Legislative Commission’s Subcommittee to

1-21  Study the System of Juvenile Justice in Nevada (A.C.R. 13, Statutes

1-22  of Nevada 1999) identified numerous areas of concern and

1-23  recommended that the 2001 Legislature create a statutory committee

2-1  to continue its study of the juvenile justice system, but this

2-2  committee was not created; and

2-3  Whereas, Because the Legislature is responsible for funding

2-4  the State’s juvenile justice system and addressing the needs of

2-5  young offenders, continued study of the juvenile justice system will

2-6  assist the Legislature in making informed decisions concerning such

2-7  funding and care; now, therefore, be it

2-8  Resolved by the Assembly of the State of Nevada, the

2-9  Senate Concurring, That the Legislative Commission is hereby

2-10  directed to appoint a committee consisting of three members of the

2-11  Assembly and three members of the Senate who are representative

2-12  of the various geographical areas of this state to conduct an interim

2-13  study of the juvenile justice system in Nevada; and be it further

2-14      Resolved, That the study must include, without limitation,

2-15  consideration of:

2-16      1.  A coordinated continuum of care wherein a broad array of

2-17  community-based program and service options are combined to

2-18  ensure that health services, substance abuse treatment, education,

2-19  training and care are compatible with each youth’s specific needs;

2-20      2.  Individualized supervision, care and treatment to

2-21  accommodate the individual needs and potential of the youth and his

2-22  family, and treatment programs which integrate such youth into

2-23  situations of living and interacting that are consistent with a healthy,

2-24  stable and family-like environment;

2-25      3.  Aftercare and reintegration wherein youth continue to

2-26  receive the support of treatment services following their active

2-27  rehabilitation in a facility to prevent the relapse or regression of

2-28  progress achieved during the recovery process;

2-29      4.  Overrepresentation and disparate treatment of minority

2-30  youth in the juvenile justice system, including a review of the

2-31  various places where bias may influence decisions concerning

2-32  minority youth;

2-33      5.  Gender specific services, including programs that consider

2-34  female development in their design and implementation and that

2-35  address girls’ needs, including victimization and abuse issues,

2-36  substance abuse, mental health and educational needs, and

2-37  vocational and skills training that may provide a meaningful life and

2-38  livable wage following release;

2-39      6.  Quality of care in state facilities, including staff

2-40  qualifications and training, documentation of agency and facility

2-41  performance, coordination and collaboration of agencies,

2-42  availability of services relating to mental health, substance abuse,

2-43  education, vocational training, and treatment of sexual offenders and

2-44  violent offenders, and the feasibility and necessity for independent

2-45  monitoring of state facilities; and

3-1  7.  Programs utilized by different states such as Missouri which

3-2  has developed a system of community-based residential and non-

3-3  residential programs that allow young offenders to be placed in

3-4  more specialized programs according to their needs and which has

3-5  produced recidivism rates as low as 11 percent; and be it further

3-6  Resolved, That any recommended legislation proposed by the

3-7  committee must be approved by a majority of the members of the

3-8  Assembly and a majority of the members of the Senate appointed to

3-9  the committee; and be it further

3-10      Resolved, That the Legislative Commission shall submit a

3-11  report of the results of the study and any recommendations for

3-12  legislation to the 73rd Session of the Nevada Legislature.

 

3-13  H