Senate Bill No. 197–Senator Wiener

 

February 24, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Repeals, reenacts, reorganizes and revises certain provisions relating to juvenile justice. (BDR 5‑633)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to juvenile justice; repealing, reenacting, reorganizing and revising certain provisions relating to juvenile justice; reenacting certain penalties; 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.  Title 5 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 39, inclusive, of this act.

1-4  Sec. 2.  As used in this title, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 36,

1-6  inclusive, of this act have the meanings ascribed to them in those

1-7  sections.

1-8  Sec. 3.  “Central Repository” means the Central Repository

1-9  for Nevada Records of Criminal History.

1-10      Sec. 4.  1.  “Child” means:

1-11      (a) A person who is less than 18 years of age;

1-12      (b) A person who is less than 21 years of age and subject to the

1-13  jurisdiction of the juvenile court for an unlawful act that was

1-14  committed before the person reached 18 years of age; or

1-15      (c) A person who is otherwise subject to the jurisdiction of the

1-16  juvenile court as a juvenile sex offender pursuant to the provisions

1-17  of sections 186 to 192, inclusive, of this act.

2-1  2.  The term does not include a person who is excluded from

2-2  the jurisdiction of the juvenile court pursuant to section 47 of this

2-3  act or a person who is certified for criminal proceedings as an

2-4  adult pursuant to section 53 or 54 of this act.

2-5  Sec. 5.  “Child in need of supervision” means a child who is

2-6  adjudicated to be in need of supervision pursuant to the provisions

2-7  of this title.

2-8  Sec. 6.  “Community notification” means notification of a

2-9  community pursuant to the guidelines and procedures established

2-10  by the Attorney General for juvenile sex offenders pursuant to

2-11  NRS 179D.800.

2-12      Sec. 7.  1.  “Community service” means community service

2-13  performed in accordance with section 93 of this act.

2-14      2.  The term includes, but is not limited to, public service,

2-15  work on public projects, supervised work for the benefit of the

2-16  community or any other work required by the juvenile court.

2-17      Sec. 8.  “Delinquent child” means a child who is adjudicated

2-18  delinquent pursuant to the provisions of this title.

2-19      Sec. 9.  “Director of juvenile services” means:

2-20      1.  In a judicial district that does not include a county whose

2-21  population is 100,000 or more, the chief probation officer who is

2-22  appointed pursuant to section 63 of this act;

2-23      2.  In a judicial district that includes a county whose

2-24  population is 100,000 or more but less than 400,000, the director

2-25  of juvenile services who is appointed pursuant to section 69 of this

2-26  act; or

2-27      3.  In a judicial district that includes a county whose

2-28  population is 400,000 or more, the director of the department of

2-29  juvenile justice services who is appointed pursuant to section 77 of

2-30  this act or who is appointed pursuant to sections 82 to 87,

2-31  inclusive, of this act.

2-32      Sec. 10.  “Division of Child and Family Services” means the

2-33  Division of Child and Family Services of the Department of

2-34  Human Resources.

2-35      Sec. 11.  “Division of Parole and Probation” means the

2-36  Division of Parole and Probation of the Department of Public

2-37  Safety.

2-38      Sec. 12. “Evaluation center” means a facility which is

2-39  approved by the Health Division of the Department of Human

2-40  Resources to provide an evaluation of an offender to a court to

2-41  determine if the offender is an abuser of alcohol or another drug.

2-42  The term includes a facility operated by a court or other

2-43  governmental agency.

2-44      Sec. 13.  “Family division” means the family division of the

2-45  district court.

3-1  Sec. 14.  “Firearm” means any device designed to be used as

3-2  a weapon from which a projectile may be expelled through the

3-3  barrel by the force of any explosion or other form of combustion.

3-4  Sec. 15.  “Guardian” means a person, other than a parent or

3-5  a state or local agency, who is legally responsible for the care,

3-6  custody or support of a child.

3-7  Sec. 16.  “Highway” means a street, road, alley or

3-8  thoroughfare of any kind used by the public.

3-9  Sec. 17.  “Indian child” has the meaning ascribed to it in 25

3-10  U.S.C. § 1903.

3-11      Sec. 18.  “Indian Child Welfare Act” means the Indian Child

3-12  Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.

3-13      Sec. 19.  1.  “Juvenile court” means each district judge who

3-14  is assigned to serve as a judge of the juvenile court pursuant to

3-15  section 42 of this act or court rule.

3-16      2.  The term includes a master who is performing an act on

3-17  behalf of the juvenile court if:

3-18      (a) The juvenile court delegates authority to the master to

3-19  perform the act in accordance with the Constitution of the State of

3-20  Nevada; and

3-21      (b) The master performs the act within the limits of the

3-22  authority delegated to the master.

3-23      Sec. 20.  “Local facility for the detention of children” means

3-24  a local facility for the detention or commitment of children which

3-25  is administered by a county.

3-26      Sec. 21.  “Local law enforcement agency” means:

3-27      1.  The sheriff’s office of a county;

3-28      2.  A metropolitan police department; or

3-29      3.  A police department of an incorporated city.

3-30      Sec. 22.  “Master of the juvenile court” means a person who

3-31  is appointed to act as a master of the juvenile court pursuant to

3-32  section 43 of this act.

3-33      Sec. 23.  “Minor traffic offense” means a violation of any

3-34  state or local law or ordinance governing the operation of a motor

3-35  vehicle upon any highway within this state other than:

3-36      1.  A violation of chapter 484 or 706 of NRS that causes the

3-37  death of a person;

3-38      2.  A violation of NRS 484.379; or

3-39      3.  A violation declared to be a felony.

3-40      Sec. 24.  “Parent” means a natural parent, adoptive parent or

3-41  stepparent.

3-42      Sec. 25.  “Private school” includes private elementary and

3-43  secondary educational institutions. The term does not include a

3-44  home in which instruction is provided to a child who is excused

3-45  from compulsory attendance pursuant to subsection 1 of NRS

4-1  392.070 or a school or educational program that is conducted

4-2  exclusively for children who have been adjudicated delinquent.

4-3  Sec. 26.  “Property” includes real or personal property.

4-4  Sec. 27.  “Public school” includes all kindergartens and

4-5  elementary schools, junior high schools and middle schools, high

4-6  schools, charter schools and any other schools, classes and

4-7  educational programs which receive their support through public

4-8  taxation and, except for charter schools, whose textbooks and

4-9  courses of study are under the control of the State Board of

4-10  Education. The term does not include a school or educational

4-11  program that is conducted exclusively for children who have been

4-12  adjudicated delinquent.

4-13      Sec. 28.  “Qualified professional” means:

4-14      1.  A psychiatrist licensed to practice medicine in this state

4-15  and certified by the American Board of Psychiatry and Neurology,

4-16  Inc.;

4-17      2.  A psychologist licensed to practice in this state;

4-18      3.  A social worker holding a master’s degree in social work

4-19  and licensed in this state as a clinical social worker;

4-20      4.  A registered nurse holding a master’s degree in the field of

4-21  psychiatric nursing and licensed to practice professional nursing

4-22  in this state; or

4-23      5.  A marriage and family therapist licensed in this state

4-24  pursuant to chapter 641A of NRS.

4-25      Sec. 29.  1.  “Regional facility for the detention of children”

4-26  means a regional facility for the detention or commitment of

4-27  children which is administered by or for the benefit of more than

4-28  one governmental entity.

4-29      2.  The term includes, but is not limited to:

4-30      (a) The institution in Clark County known as Spring

4-31  Mountain Youth Camp;

4-32      (b) The institution in Douglas County known as China Spring

4-33  Youth Camp; and

4-34      (c) The institution in Lyon County known as Western Nevada

4-35  Regional Youth Facility.

4-36      3.  The term does not include:

4-37      (a) Any local facility for the detention of children; or

4-38      (b) The Nevada Youth Training Center, the Caliente Youth

4-39  Center or any state facility for the detention of children.

4-40      Sec. 30.  “Restitution” means restitution ordered by the

4-41  juvenile court pursuant to sections 165 to 169, inclusive, of this

4-42  act.

4-43      Sec. 31.  “School bus” includes every motor vehicle owned by

4-44  or under the control of a public or governmental agency or a

4-45  private school and regularly operated for the transportation of

5-1  children to or from school or a school activity or privately owned

5-2  and regularly operated for compensation for the transportation of

5-3  children to or from school or a school activity. The term does not

5-4  include a passenger car operated under a contract to transport

5-5  children to and from school, a common carrier or commercial

5-6  vehicle under the jurisdiction of the Surface Transportation Board

5-7  or the Transportation Services Authority when such a vehicle is

5-8  operated in the regular conduct of its business in interstate or

5-9  intrastate commerce within the State of Nevada.

5-10      Sec. 32. “Seal” means to place the records in a separate file

5-11  or other repository not accessible to the public.

5-12      Sec. 33. “Sexually motivated act” means an unlawful act

5-13  that is determined to be sexually motivated pursuant to section 179

5-14  of this act.

5-15      Sec. 34.  1.  “State facility for the detention of children”

5-16  means a state facility for the detention or commitment of children

5-17  which is administered by the State of Nevada.

5-18      2.  The term includes, but is not limited to, the Nevada Youth

5-19  Training Center and the Caliente Youth Center.

5-20      Sec. 35.  “Treatment facility” means a facility for the

5-21  treatment of abuse of alcohol or drugs that is certified by the

5-22  Health Division of the Department of Human Resources.

5-23      Sec. 36.  “Youth Parole Bureau” means the Youth Parole

5-24  Bureau of the Division of Child and Family Services.

5-25      Sec. 37.  The Legislature hereby declares that:

5-26      1.  This title must be liberally construed to the end that:

5-27      (a) Each child who is subject to the jurisdiction of the juvenile

5-28  court must receive such care, guidance and control, preferably in

5-29  the child’s own home, as will be conducive to the child’s welfare

5-30  and the best interests of this state; and

5-31      (b) When a child is removed from the control of the parent or

5-32  guardian of the child, the juvenile court shall secure for the child

5-33  a level of care which is equivalent as nearly as possible to the care

5-34  that should have been given to the child by the parent or guardian.

5-35      2.  One of the purposes of this title is to promote the

5-36  establishment, supervision and implementation of preventive

5-37  programs that are designed to prevent a child from becoming

5-38  subject to the jurisdiction of the juvenile court.

5-39      Sec. 38.  Each public officer and agency shall, to the extent

5-40  of the jurisdictional power of the public officer or agency, render

5-41  all assistance and cooperation that may further the objects of this

5-42  title.

5-43      Sec. 39.  1.  In carrying out the objects and purposes of this

5-44  title, the juvenile court may use the services and facilities of the

5-45  agency which provides child welfare services.

6-1  2.  The agency which provides child welfare services shall

6-2  determine the plans, placements and services to be provided to any

6-3  child pursuant to the provisions of this title, chapter 432 of NRS

6-4  and NRS 432B.010 to 432B.400, inclusive.

6-5  3.  As used in this section, “agency which provides child

6-6  welfare services” means:

6-7  (a) In a county whose population is less than 100,000, the

6-8  local office of the Division of Child and Family Services; or

6-9  (b) In a county whose population is 100,000 or more, the

6-10  agency of the county,

6-11  which provides or arranges for necessary child welfare services.

6-12      Sec. 40.  Title 5 of NRS is hereby amended by adding thereto a

6-13  new chapter to consist of the provisions set forth as sections 41 to

6-14  56, inclusive, of this act.

6-15      Sec. 41.  The district courts:

6-16      1.  To the extent specified in this title, shall have and exercise

6-17  jurisdiction in all proceedings conducted pursuant to this title; and

6-18      2.  When exercising jurisdiction pursuant to the provisions of

6-19  this title, shall be termed juvenile courts.

6-20      Sec. 42.  1.  In any judicial district in which there are two or

6-21  three district judges, the district judges, by mutual consent, shall:

6-22      (a) Assign one district judge to serve as the judge of the

6-23  juvenile court for a period set by the district judges; or

6-24      (b) Divide the powers and duties set forth in this title among

6-25  the district judges as they see fit.

6-26      2.  In a judicial district which does not include a county whose

6-27  population is 100,000 or more and in which there are four or more

6-28  district judges:

6-29      (a) The district judges, by mutual consent, shall assign one

6-30  district judge to serve as the judge of the juvenile court for a

6-31  period of 2 years; or

6-32      (b) If the district judges cannot agree, the Chief Justice of the

6-33  Supreme Court shall assign one district judge to serve as the judge

6-34  of the juvenile court for a period of 2 years.

6-35      3.  If, for any reason, a district judge who is assigned to serve

6-36  as a judge of the juvenile court pursuant to this section is unable

6-37  to act, any other district judge of the judicial district may act

6-38  temporarily as a judge of the juvenile court during the period that

6-39  the district judge who is regularly assigned is unable to act.

6-40      4.  Each district judge who is assigned to serve as a judge

6-41  of the juvenile court has all the powers and duties set forth in this

6-42  title, and the primary duty of the district judge is to administer

6-43  the provisions of this title.

6-44      Sec. 43.  1.  Except as otherwise provided in this section, the

6-45  juvenile court or the chief judge of the judicial district may

7-1  appoint any person to act as a master of the juvenile court if the

7-2  person is qualified by previous experience, training and

7-3  demonstrated interest in the welfare of children to act as a master

7-4  of the juvenile court.

7-5  2.  A probation officer shall not act as a master of the juvenile

7-6  court unless the proceeding concerns:

7-7  (a) A minor traffic offense; or

7-8  (b) A child who is alleged to be a habitual truant.

7-9  3.  If a person is appointed to act as a master of the juvenile

7-10  court, the person shall attend instruction at the National College

7-11  of Juvenile and Family Law in Reno, Nevada, in a course

7-12  designed for the training of new judges of the juvenile court on the

7-13  first occasion when such instruction is offered after the person is

7-14  appointed.

7-15      4.  If, for any reason, a master of the juvenile court is unable

7-16  to act, the juvenile court or the chief judge of the judicial district

7-17  may appoint another qualified person to act temporarily as a

7-18  master of the juvenile court during the period that the master who

7-19  is regularly appointed is unable to act.

7-20      5.  The compensation of a master of the juvenile court:

7-21      (a) May not be taxed against the parties.

7-22      (b) Must be paid out of appropriations made for the expenses

7-23  of the district court, if the compensation is fixed by the juvenile

7-24  court.

7-25      Sec. 44.  1.  The juvenile court may order a master of the

7-26  juvenile court to:

7-27      (a) Swear witnesses.

7-28      (b) Take evidence.

7-29      (c) Make findings of fact and recommendations.

7-30      (d) Conduct all proceedings before the master of the juvenile

7-31  court in the same manner as a district judge conducts proceedings

7-32  in a district court.

7-33      2.  Not later than 10 days after the evidence before a master of

7-34  the juvenile court is closed, the master shall file with the juvenile

7-35  court:

7-36      (a) All papers relating to the case;

7-37      (b) Written findings of fact; and

7-38      (c) Written recommendations.

7-39      3.  A master of the juvenile court shall provide to the parent or

7-40  guardian of the child, the attorney for the child, the district

7-41  attorney, and any other person concerned, written notice of:

7-42      (a) The master’s findings of fact;

7-43      (b) The master’s recommendations;

7-44      (c) The right to object to the master’s recommendations; and

8-1  (d) The right to request a hearing de novo before the juvenile

8-2  court as provided in subsection 4.

8-3  4.  After reviewing the recommendations of a master of the

8-4  juvenile court and any objection to the master’s recommendations,

8-5  the juvenile court shall:

8-6  (a) Approve the master’s recommendations, in whole or in

8-7  part, and order the recommended disposition;

8-8  (b) Reject the master’s recommendations, in whole or in part,

8-9  and order such relief as may be appropriate; or

8-10      (c) Direct a hearing de novo before the juvenile court if, not

8-11  later than 5 days after the master provides notice of the master’s

8-12  recommendations, a person who is entitled to such notice files

8-13  with the juvenile court a request for a hearing de novo before the

8-14  juvenile court.

8-15      5.  A recommendation of a master of the juvenile court is not

8-16  effective until expressly approved by the juvenile court as

8-17  evidenced by the signature of a judge of the juvenile court.

8-18      Sec. 45.  The juvenile court does not have jurisdiction over a

8-19  child who is subject to the exclusive jurisdiction of an Indian tribe.

8-20      Sec. 46.  1.  Except as otherwise provided in this title, the

8-21  juvenile court has exclusive original jurisdiction in proceedings

8-22  concerning any child living or found within the county who is

8-23  alleged or adjudicated to be in need of supervision because the

8-24  child:

8-25      (a) Is subject to compulsory school attendance and is a

8-26  habitual truant from school;

8-27      (b) Habitually disobeys the reasonable and lawful demands of

8-28  the parent or guardian of the child and is unmanageable; or

8-29      (c) Deserts, abandons or runs away from the home or usual

8-30  place of abode of the child and is in need of care or rehabilitation.

8-31      2.  A child who is subject to the jurisdiction of the juvenile

8-32  court pursuant to this section must not be considered a delinquent

8-33  child.

8-34      Sec. 47.  1.  Except as otherwise provided in this title, the

8-35  juvenile court has exclusive original jurisdiction over a child

8-36  living or found within the county who is alleged or adjudicated to

8-37  have committed a delinquent act.

8-38      2.  For the purposes of this section, a child commits a

8-39  delinquent act if the child:

8-40      (a) Violates a county or municipal ordinance;

8-41      (b) Violates any rule or regulation having the force of law; or

8-42      (c) Commits an act designated a criminal offense pursuant to

8-43  the laws of the State of Nevada.

8-44      3.  For the purposes of this section, each of the following acts

8-45  shall be deemed not to be a delinquent act, and the juvenile court

9-1  does not have jurisdiction over a person who is charged with

9-2  committing such an act:

9-3  (a) Murder or attempted murder and any other related offense

9-4  arising out of the same facts as the murder or attempted murder,

9-5  regardless of the nature of the related offense.

9-6  (b) Sexual assault or attempted sexual assault involving the

9-7  use or threatened use of force or violence against the victim

9-8  and any other related offense arising out of the same facts as

9-9  the sexual assault or attempted sexual assault, regardless of the

9-10  nature of the related offense, if:

9-11          (1) The person was 16 years of age or older when the

9-12  sexual assault or attempted sexual assault was committed; and

9-13          (2) Before the sexual assault or attempted sexual assault

9-14  was committed, the person previously had been adjudicated

9-15  delinquent for an act that would have been a felony if committed

9-16  by an adult.

9-17      (c) An offense or attempted offense involving the use or

9-18  threatened use of a firearm and any other related offense arising

9-19  out of the same facts as the offense or attempted offense involving

9-20  the use or threatened use of a firearm, regardless of the nature of

9-21  the related offense, if:

9-22          (1) The person was 16 years of age or older when the

9-23  offense or attempted offense involving the use or threatened use of

9-24  a firearm was committed; and

9-25          (2) Before the offense or attempted offense involving the

9-26  use or threatened use of a firearm was committed, the person

9-27  previously had been adjudicated delinquent for an act that would

9-28  have been a felony if committed by an adult.

9-29      (d) A felony resulting in death or substantial bodily harm to

9-30  the victim and any other related offense arising out of the same

9-31  facts as the felony, regardless of the nature of the related offense,

9-32  if:

9-33          (1) The felony was committed on the property of a public or

9-34  private school when pupils or employees of the school were

9-35  present or may have been present, at an activity sponsored by a

9-36  public or private school or on a school bus while the bus was

9-37  engaged in its official duties; and

9-38          (2) The person intended to create a great risk of death or

9-39  substantial bodily harm to more than one person by means of a

9-40  weapon, device or course of action that would normally be

9-41  hazardous to the lives of more than one person.

9-42      (e) Any other offense if, before the offense was committed, the

9-43  person previously had been convicted of a criminal offense.

9-44      Sec. 48.  The juvenile court has exclusive original

9-45  jurisdiction over any child who is:

10-1      1.  On probation; or

10-2      2.  Released on parole from a state facility for the detention of

10-3  children and who violates any condition of the child’s parole.

10-4      Sec. 49.  1.  If the juvenile court exercises jurisdiction over a

10-5  child regarding any matter within the purview of this title, another

10-6  court may not exercise jurisdiction over the child regarding that

10-7  matter, unless the juvenile court:

10-8      (a) Certifies the child for proper criminal proceedings as an

10-9  adult pursuant to the provisions of this title; or

10-10     (b) Transfers the case to another court pursuant to the

10-11  provisions of this title.

10-12     2.  The provisions of this title do not deprive another court of

10-13  the right to determine:

10-14     (a) The custody of the child upon a writ of habeas corpus; or

10-15     (b) The custody or guardianship of the child in a case

10-16  involving divorce or problems of domestic relations.

10-17     Sec. 50.  Except as otherwise provided in sections 181 and

10-18  188 of this act, if a child is subject to the jurisdiction of the

10-19  juvenile court, the juvenile court:

10-20     1.  May terminate its jurisdiction concerning the child at any

10-21  time, either on its own volition or for good cause shown; or

10-22     2.  May retain jurisdiction over the child until the child

10-23  reaches 21 years of age.

10-24     Sec. 51.  1.  Except as otherwise provided in this title, a

10-25  court shall transfer a case and record to the juvenile court if,

10-26  during the pendency of a proceeding involving a criminal offense,

10-27  it is ascertained that the person who is charged with the offense

10-28  was less than 18 years of age when the person allegedly committed

10-29  the offense.

10-30     2.  A court shall not transfer a case and record to the juvenile

10-31  court if the proceeding involves a criminal offense excluded from

10-32  the original jurisdiction of the juvenile court pursuant to section

10-33  47 of this act.

10-34     3.  A court making a transfer pursuant to this section shall:

10-35     (a) Order the child to be taken immediately to the place of

10-36  detention designated by the juvenile court;

10-37     (b) Order the child to be taken immediately to appear before

10-38  the juvenile court; or

10-39     (c) Release the child to the custody of a suitable person and

10-40  order the child to be brought before the juvenile court at a time

10-41  designated by the juvenile court.

10-42     Sec. 52.  1.  If a child is charged with a minor traffic

10-43  offense, the juvenile court may transfer the case and record to a

10-44  justice’s court or municipal court if the juvenile court determines

10-45  that the transfer is in the best interests of the child.

11-1      2.  If a case is transferred pursuant to this section:

11-2      (a) The restrictions set forth in section 113 of this act are

11-3  applicable in those proceedings; and

11-4      (b) A parent or guardian must accompany the child at all

11-5  proceedings.

11-6      3.  If the juvenile court transfers a case and record to a

11-7  justice’s court or municipal court pursuant to this section, the

11-8  justice’s court or municipal court may transfer the case and

11-9  record back to the juvenile court with the consent of the juvenile

11-10  court.

11-11     Sec. 53.  1.  Except as otherwise provided in subsection 2

11-12  and section 54 of this act, upon a motion by the district attorney

11-13  and after a full investigation, the juvenile court may certify a child

11-14  for proper criminal proceedings as an adult to any court that

11-15  would have jurisdiction to try the offense if committed by an adult,

11-16  if the child:

11-17     (a) Is charged with an offense that would have been a felony if

11-18  committed by an adult; and

11-19     (b) Was 14 years of age or older at the time the child allegedly

11-20  committed the offense.

11-21     2.  Except as otherwise provided in subsection 3, upon a

11-22  motion by the district attorney and after a full investigation, the

11-23  juvenile court shall certify a child for proper criminal proceedings

11-24  as an adult to any court that would have jurisdiction to try the

11-25  offense if committed by an adult, if the child:

11-26     (a) Is charged with:

11-27         (1) A sexual assault involving the use or threatened use of

11-28  force or violence against the victim; or

11-29         (2) An offense or attempted offense involving the use or

11-30  threatened use of a firearm; and

11-31     (b) Was 14 years of age or older at the time the child allegedly

11-32  committed the offense.

11-33     3.  The juvenile court shall not certify a child for criminal

11-34  proceedings as an adult pursuant to subsection 2 if the juvenile

11-35  court specifically finds by clear and convincing evidence that:

11-36     (a) The actions of the child were substantially the result of the

11-37  substance abuse or emotional or behavioral problems of the child;

11-38  and

11-39     (b) The substance abuse or emotional or behavioral problems

11-40  may be appropriately treated through the jurisdiction of the

11-41  juvenile court.

11-42     4.  If a child is certified for criminal proceedings as an adult

11-43  pursuant to subsection 1 or 2, the juvenile court shall also certify

11-44  the child for criminal proceedings as an adult for any other

11-45  related offense arising out of the same facts as the offense for

12-1  which the child was certified, regardless of the nature of the

12-2  related offense.

12-3      5.  If a child has been certified for criminal proceedings as an

12-4  adult pursuant to subsection 1 or 2 and the child’s case has been

12-5  transferred out of the juvenile court:

12-6      (a) The court to which the case has been transferred has

12-7  original jurisdiction over the child;

12-8      (b) The child may petition for transfer of the case back to the

12-9  juvenile court only upon a showing of exceptional circumstances;

12-10  and

12-11     (c) If the child’s case is transferred back to the juvenile court,

12-12  the juvenile court shall determine whether the exceptional

12-13  circumstances warrant accepting jurisdiction.

12-14     Sec. 54. 1.  A child shall be deemed to be a prisoner who

12-15  has escaped or attempted to escape from lawful custody in

12-16  violation of NRS 212.090, and proceedings may be brought

12-17  against the child pursuant to the provisions of this section, if the

12-18  child:

12-19     (a) Is committed to or otherwise is placed in a public or private

12-20  facility for the detention or correctional care of children,

12-21  including, but not limited to, all state, regional and local facilities

12-22  for the detention of children; and

12-23     (b) Escapes or attempts to escape from such a facility.

12-24     2.  Upon a motion by the district attorney and after a full

12-25  investigation, the juvenile court may certify the child for criminal

12-26  proceedings as an adult pursuant to subsection 1 of section 53 of

12-27  this act if the child was 14 years of age or older at the time of the

12-28  escape or attempted escape and:

12-29     (a) The child was committed to or placed in the facility from

12-30  which the child escaped or attempted to escape because the child

12-31  had been charged with or had been adjudicated delinquent for an

12-32  unlawful act that would have been a felony if committed by an

12-33  adult; or

12-34     (b) The child or another person aiding the child used a

12-35  dangerous weapon to facilitate the escape or attempted escape.

12-36     3.  If the child is certified for criminal proceedings as an adult

12-37  pursuant to subsection 2, the juvenile court shall also certify the

12-38  child for criminal proceedings as an adult for any other related

12-39  offense arising out of the same facts as the escape or attempted

12-40  escape, regardless of the nature of the related offense.

12-41     4.  If the child is not certified for criminal proceedings as an

12-42  adult pursuant to subsection 2 or otherwise is not subject to the

12-43  provisions of subsection 2, the escape or attempted escape shall be

12-44  deemed to be a delinquent act, and proceedings may be brought

12-45  against the child pursuant to the provisions of this title.

13-1      Sec. 55.  1.  The juvenile court has jurisdiction over adults

13-2  to the extent that such jurisdiction is incidental and necessary to

13-3  its jurisdiction over children.

13-4      2.  A stepparent of a child is subject to the same court orders

13-5  as a natural parent or adoptive parent of the child.

13-6      3.  An adult who is subject to the jurisdiction of the juvenile

13-7  court:

13-8      (a) Is subject to the provisions of section 56 of this act; and

13-9      (b) Has available to him all the rights, remedies and writs

13-10  guaranteed by the Constitution of the United States and the

13-11  Constitution and the laws of this state to a defendant who is

13-12  charged with having committed a criminal offense in this state.

13-13     Sec. 56.  1.  Any person, except a child, who willfully

13-14  violates, neglects or refuses to obey the terms of any order of

13-15  disposition made by the juvenile court under the provisions of this

13-16  title is guilty of a misdemeanor and may be punished for contempt.

13-17     2.  Except as otherwise provided in this section, if the juvenile

13-18  court determines that a person is guilty of contempt, the person

13-19  may be punished by:

13-20     (a) A fine, not to exceed $500; or

13-21     (b) Imprisonment, not to exceed 25 days,

13-22  or both.

13-23     3.  The juvenile court may punish a person who is guilty of

13-24  contempt by imprisonment for more than 25 days if:

13-25     (a) The person is guilty of contempt for refusing to perform an

13-26  act and the person has the power to perform the act; and

13-27     (b) The juvenile court specifies the act the person must

13-28  perform in the warrant of commitment.

13-29     4.  A person punished pursuant to subsection 3 may be

13-30  imprisoned until the person performs the act specified in the

13-31  warrant of commitment.

13-32     Sec. 57.  Title 5 of NRS is hereby amended by adding thereto a

13-33  new chapter to consist of the provisions set forth as sections 58 to

13-34  94, inclusive, of this act.

13-35     Sec. 58.  1.  In any county where it is deemed advisable, the

13-36  juvenile court may establish a youth services commission.

13-37     2.  Each youth services commission must consist of five

13-38  persons appointed by the juvenile court.

13-39     3.  In conjunction with the Division of Child and Family

13-40  Services, the youth services commission shall advise the juvenile

13-41  court, the Legislature, the Governor and the governing bodies of

13-42  each city and the county to:

13-43     (a) Determine the extent to which various departments,

13-44  agencies and organizations may wish to cooperate in a common

14-1  effort to coordinate their existing programs and develop new

14-2  programs to reduce the incidence of juvenile delinquency;

14-3      (b) Develop necessary formal agreements among those

14-4  departments, agencies and organizations, including agreements

14-5  involving the joint exercise of power;

14-6      (c) Initiate, where feasible, other special projects for the

14-7  prevention of delinquency through the use and coordination of

14-8  existing resources within the community; and

14-9      (d) Seek and secure money and resources to carry out the

14-10  purposes of the youth services commission.

14-11     Sec. 59. The provisions of sections 59 to 65, inclusive, of this

14-12  act apply to a judicial district which does not include a county

14-13  whose population is 100,000 or more.

14-14     Sec. 60.  1.  By an order entered in the minutes, the juvenile

14-15  court shall:

14-16     (a) Appoint five representative citizens of good moral

14-17  character to be known as the probation committee; and

14-18     (b) If any member of the probation committee vacates or is

14-19  removed from his position before the end of his term, appoint a

14-20  person to fill the vacancy not later than 30 days after the date on

14-21  which the vacancy occurs.

14-22     2.  The clerk of the court shall notify each person who is

14-23  appointed to the probation committee. The notice of appointment

14-24  must instruct the person to appear before the juvenile court not

14-25  later than 10 days after the date the notice is sent.

14-26     3.  Each person who is appointed to the probation committee

14-27  shall:

14-28     (a) Appear before the juvenile court not later than the time

14-29  specified by the notice of appointment; and

14-30     (b) Qualify by taking an oath to perform faithfully the duties

14-31  of a member of the probation committee. The taking of the oath

14-32  must be entered in the records of the juvenile court.

14-33     4.  Except as otherwise provided in this section, the juvenile

14-34  court shall appoint persons to the probation committee for the

14-35  following terms:

14-36     (a) For the initial terms of the members:

14-37         (1) One member must be appointed for a term of 1 year;

14-38         (2) Two members must be appointed for terms of 2 years;

14-39  and

14-40         (3) Two members must be appointed for terms of 3 years.

14-41     (b) For the terms following the initial terms, each member

14-42  must be appointed for a term of 3 years.

14-43     5.  If a person is appointed to fill a vacancy before the end of

14-44  a term, the juvenile court shall appoint the person for the

14-45  remainder of the unexpired term.

15-1      6.  The juvenile court may at any time remove for cause any

15-2  member of the probation committee.

15-3      7.  Members of the probation committee shall:

15-4      (a) Serve without compensation; and

15-5      (b) Choose from among their members a chairman and a

15-6  secretary.

15-7      Sec. 61.  1.  The probation committee shall:

15-8      (a) Advise the juvenile court upon its request.

15-9      (b) In conjunction with the juvenile court and the chief

15-10  probation officer, advise on any matter concerning the control and

15-11  management of any local facility for the detention of children.

15-12     (c) Upon the request of the juvenile court, investigate the

15-13  facilities, resources and management of any person or entity,

15-14  other than a state agency, that applies to receive or receives

15-15  children under this title and report its findings, conclusions and

15-16  recommendations to the juvenile court.

15-17     (d) Prepare an annual report of its activities, investigations,

15-18  findings and recommendations and file the annual report with the

15-19  juvenile court and with the clerk of the court as a public

15-20  document.

15-21     (e) Advise the juvenile court and make recommendations

15-22  concerning:

15-23         (1) The appointment of employees that the probation

15-24  committee deems necessary for the operation and management of

15-25  the probation department and each local facility for the detention

15-26  of children.

15-27         (2) The establishment of policies, procedures and standards

15-28  for the proper performance of the duties and responsibilities of

15-29  probation officers, the employees of the probation department and

15-30  the employees of each local facility for the detention of children.

15-31     2.  The probation committee may:

15-32     (a) If it deems necessary or proper, investigate any local

15-33  facility for the detention of children and report its findings,

15-34  conclusions and recommendations to the juvenile court.

15-35     (b) Upon a majority vote of its members, recommend the

15-36  removal or discharge of any probation officer.

15-37     Sec. 62.  1.  The juvenile court shall appoint:

15-38     (a) One or more probation officers.

15-39     (b) Other employees as may be required to carry on the work

15-40  of the probation department and each local facility for the

15-41  detention of children.

15-42     2.  The appointment of the probation officers, the employees

15-43  of the probation department and the employees of each local

15-44  facility for the detention of children must be made from lists of

15-45  eligible persons established through competitive examinations.

16-1      3.  With the advice of the probation committee, the juvenile

16-2  court shall establish policies, procedures and standards for the

16-3  proper performance of the duties and responsibilities of the

16-4  probation officers, the employees of the probation department and

16-5  the employees of each local facility for the detention of children.

16-6      4.  With the advice of the probation committee and consent of

16-7  the board or boards of county commissioners, the juvenile court

16-8  shall determine the salaries of the probation officers, the

16-9  employees of the probation department and the employees of each

16-10  local facility for the detention of children.

16-11     5.  If the juvenile court serves two or more counties, the

16-12  juvenile court:

16-13     (a) May appoint the probation officers to serve the counties

16-14  jointly; and

16-15     (b) Shall allocate the salaries and expenses of the probation

16-16  officers between the counties.

16-17     6.  The board or boards of county commissioners shall make

16-18  every reasonable effort to provide sufficient personnel and support

16-19  for the probation department to uphold the concept of separation

16-20  of powers in the court process.

16-21     Sec. 63.  1.  The juvenile court shall appoint one probation

16-22  officer as the chief probation officer.

16-23     2.  Under the general supervision of the juvenile court and

16-24  with the advice of the probation committee, the chief probation

16-25  officer shall:

16-26     (a) Organize, direct and develop the administrative work,

16-27  including, but not limited to, the social, financial and clerical

16-28  work, of the probation department and each local facility for the

16-29  detention of children; and

16-30     (b) Perform such other duties as the juvenile court directs.

16-31     Sec. 64.  1.  Pursuant to the provisions of this section, the

16-32  juvenile court may demote or discharge any probation officer,

16-33  employee of the probation department or employee of a local

16-34  facility for the detention of children.

16-35     2.  Before the juvenile court may demote or discharge a

16-36  probation officer or employee, the juvenile court shall provide to

16-37  the probation officer or employee:

16-38     (a) A written statement of the reasons for the demotion or

16-39  discharge; and

16-40     (b) An opportunity to be heard before the juvenile court

16-41  regarding the demotion or discharge.

16-42     Sec. 65.  All information obtained in the discharge of an

16-43  official duty by an officer or employee of the juvenile court is

16-44  privileged and must not be disclosed other than to the juvenile

16-45  court or any person who is authorized to receive that information

17-1  pursuant to the provisions of this title, unless otherwise ordered by

17-2  the juvenile court.

17-3      Sec. 66.  The provisions of sections 66 to 73, inclusive, of this

17-4  act apply to a judicial district which includes a county whose

17-5  population is 100,000 or more but less than 400,000.

17-6      Sec. 67.  1.  By an order entered in the minutes, the juvenile

17-7  court shall:

17-8      (a) Appoint not less than five nor more than seven

17-9  representative citizens of good moral character to be known as the

17-10  committee for juvenile services; and

17-11     (b) If any member of the committee for juvenile services

17-12  vacates or is removed from his position before the end of his term,

17-13  appoint a person to fill the vacancy not later than 30 days after the

17-14  date on which the vacancy occurs.

17-15     2.  The clerk of the court shall notify each person who is

17-16  appointed to the committee for juvenile services. The notice of

17-17  appointment must instruct the person to appear before the juvenile

17-18  court not later than 10 days after the date the notice is sent.

17-19     3.  Each person who is appointed to the committee for juvenile

17-20  services shall:

17-21     (a) Appear before the juvenile court not later than the time

17-22  specified by the notice of appointment; and

17-23     (b) Qualify by taking an oath to perform faithfully the duties

17-24  of a member of the committee for juvenile services. The taking of

17-25  the oath must be entered in the records of the juvenile court.

17-26     4.  Except as otherwise provided in this section, the juvenile

17-27  court shall appoint persons to the committee for juvenile services

17-28  for a term of 3 years.

17-29     5.  If a person is appointed to fill a vacancy before the end of

17-30  a term, the juvenile court shall appoint the person for the

17-31  remainder of the unexpired term.

17-32     6.  The juvenile court may at any time remove for cause any

17-33  member of the committee for juvenile services.

17-34     7.  Any member who is absent from three consecutive

17-35  meetings of the committee for juvenile services without permission

17-36  of the chairman:

17-37     (a) Forfeits his office; and

17-38     (b) Must be replaced as provided in this section for the filling

17-39  of a vacancy before the end of a term.

17-40     8.  Members of the committee for juvenile services shall:

17-41     (a) Serve without compensation; and

17-42     (b) Choose from among their members a chairman and a

17-43  secretary.

17-44     Sec. 68.  1.  The committee for juvenile services shall:

17-45     (a) Advise the juvenile court upon its request.

18-1      (b) In conjunction with the director of juvenile services and

18-2  the chief probation officer, advise on any matter concerning the

18-3  control and management of any local facility for the detention of

18-4  children.

18-5      (c) Upon the request of the director of juvenile services,

18-6  investigate the facilities, resources and management of any person

18-7  or entity, other than a state agency, that applies to receive or

18-8  receives children under this title and report its findings,

18-9  conclusions and recommendations to the director of juvenile

18-10  services.

18-11     (d) Prepare an annual report of its activities, investigations,

18-12  findings and recommendations and file the annual report with the

18-13  juvenile court and with the clerk of the court as a public

18-14  document.

18-15     (e) Advise the director of juvenile services and make

18-16  recommendations concerning:

18-17         (1) The appointment of employees that the committee for

18-18  juvenile services deems necessary for the operation and

18-19  management of the department of juvenile services and each local

18-20  facility for the detention of children.

18-21         (2) The establishment of policies, procedures and standards

18-22  for the proper performance of the duties and responsibilities of

18-23  probation officers, the employees of the department of juvenile

18-24  services and the employees of each local facility for the detention

18-25  of children.

18-26     (f) Act as a hearing board pursuant to the provisions of section

18-27  72 of this act.

18-28     2.  The committee for juvenile services may, if it deems

18-29  necessary or proper, investigate any local facility for the detention

18-30  of children and report its findings, conclusions and

18-31  recommendations to the director of juvenile services.

18-32     Sec. 69.  1.  From a list of candidates recommended by the

18-33  committee for juvenile services, the juvenile court shall appoint a

18-34  director of juvenile services.

18-35     2.  The director of juvenile services:

18-36     (a) Is directly responsible to the juvenile court and shall

18-37  administer the functions of the juvenile court.

18-38     (b) Shall coordinate the services of and serve as liaison

18-39  between the juvenile court and all agencies in the judicial district

18-40  dealing with children, including, but not limited to:

18-41         (1) The Division of Child and Family Services;

18-42         (2) The public schools of the judicial district;

18-43         (3) All law enforcement agencies of the judicial district;

18-44         (4) The committee for juvenile services of the judicial

18-45  district;

19-1          (5) The department of juvenile services of the judicial

19-2  district; and

19-3          (6) All local facilities for the detention of children within

19-4  the judicial district.

19-5      (c) May carry out preventive programs relating to juvenile

19-6  delinquency.

19-7      3.  The director of juvenile services serves at the pleasure of

19-8  the juvenile court and is subject to removal or discharge by the

19-9  juvenile court. Before the juvenile court may remove or discharge

19-10  the director of juvenile services, the juvenile court shall provide to

19-11  the director:

19-12     (a) A written statement of the reasons for the removal or

19-13  discharge; and

19-14     (b) An opportunity to be heard before the juvenile court

19-15  regarding the removal or discharge.

19-16     4.  The director of juvenile services is entitled to such staff or

19-17  employees to assist in the performance of the duties of the director

19-18  as is advised by the committee for juvenile services, approved by

19-19  the juvenile court, and consented to by the board or boards of

19-20  county commissioners.

19-21     5.  With the advice of the committee for juvenile services and

19-22  the consent of the board or boards of county commissioners, the

19-23  juvenile court shall determine the salary of the director of juvenile

19-24  services.

19-25     Sec. 70.  1.  With the advice of the committee for juvenile

19-26  services, the director of juvenile services shall appoint:

19-27     (a) One or more probation officers.

19-28     (b) Other employees as may be required to carry on the work

19-29  of the department of juvenile services and each local facility for

19-30  the detention of children.

19-31     2.  The appointment of the probation officers, the employees

19-32  of the department of juvenile services and the employees of each

19-33  local facility for the detention of children must be made from lists

19-34  of eligible persons established through competitive examinations.

19-35     3.  With the advice of the committee for juvenile services, the

19-36  director of juvenile services shall establish policies, procedures

19-37  and standards for the proper performance of the duties and

19-38  responsibilities of the probation officers, the employees of the

19-39  department of juvenile services and the employees of each local

19-40  facility for the detention of children.

19-41     4.  With the advice of the committee for juvenile services,

19-42  approval of the juvenile court and consent of the board or boards

19-43  of county commissioners, the director of juvenile services shall

19-44  determine the salaries of the probation officers, the employees of

20-1  the department of juvenile services and the employees of each

20-2  local facility for the detention of children.

20-3      5.  If the director of juvenile services serves two or more

20-4  counties, the director:

20-5      (a) May appoint the probation officers to serve the counties

20-6  jointly; and

20-7      (b) Shall allocate the salaries and expenses of the probation

20-8  officers between the counties.

20-9      Sec. 71.  1.  The director of juvenile services shall appoint

20-10  one probation officer as the chief probation officer.

20-11     2.  Under the general supervision of the director of juvenile

20-12  services and with the advice of the committee for juvenile services,

20-13  the chief probation officer shall:

20-14     (a) Organize, direct and develop the administrative work,

20-15  including, but not limited to, the social, financial and clerical

20-16  work, of the department of juvenile services and each local facility

20-17  for the detention of children; and

20-18     (b) Perform such other duties as the director of juvenile

20-19  services directs.

20-20     Sec. 72.  1.  Pursuant to the provisions of this section, the

20-21  director of juvenile services may demote or dismiss, only for cause,

20-22  any probation officer, employee of the department of juvenile

20-23  services or employee of a local facility for the detention of

20-24  children.

20-25     2.  Before the director of juvenile services may demote a

20-26  probation officer or employee, the director shall provide to the

20-27  probation officer or employee:

20-28     (a) A written statement of the reasons for the demotion; and

20-29     (b) An opportunity to be heard before the director regarding

20-30  the demotion.

20-31     3.  Before the director of juvenile services may dismiss a

20-32  probation officer or employee with less than 12 months of service,

20-33  the director shall provide to the probation officer or employee:

20-34     (a) A written statement of the reasons for the dismissal; and

20-35     (b) An opportunity to be heard before the director regarding

20-36  the dismissal.

20-37     4.  If a probation officer or employee with 12 months or more

20-38  of service is dismissed pursuant to this section:

20-39     (a) Not later than 15 days after his dismissal, the probation

20-40  officer or employee may request a written statement from the

20-41  director of juvenile services specifically setting forth the reasons

20-42  for the dismissal. The director shall provide the written statement

20-43  to the probation officer or employee not later than 15 days after

20-44  the date of the request.

21-1      (b) Not later than 30 days after receipt of the written statement

21-2  from the director, the probation officer or employee may make a

21-3  written request for a public hearing before the committee for

21-4  juvenile services. The committee for juvenile services shall adopt

21-5  rules for the conduct of such public hearings.

21-6      (c) The probation officer or employee may appeal the decision

21-7  of the committee for juvenile services to the board or boards of

21-8  county commissioners.

21-9      Sec. 73.  All information obtained in the discharge of an

21-10  official duty by an officer or employee of the juvenile court is

21-11  privileged and must not be disclosed other than to the juvenile

21-12  court, the director of juvenile services or any person who is

21-13  authorized to receive that information pursuant to the provisions

21-14  of this title, unless otherwise ordered by the juvenile court or

21-15  permitted by the director.

21-16     Sec. 74.  The provisions of sections 74 to 81, inclusive, of this

21-17  act apply to a judicial district which includes a county whose

21-18  population is 400,000 or more, if a department of juvenile justice

21-19  services has not been established by ordinance pursuant to

21-20  sections 82 to 87, inclusive, of this act.

21-21     Sec. 75.  1.  By an order entered in the minutes, the juvenile

21-22  court shall:

21-23     (a) Appoint not less than five nor more than seven

21-24  representative citizens of good moral character to be known as the

21-25  probation committee; and

21-26     (b) If any member of the probation committee vacates or is

21-27  removed from his position before the end of his term, appoint a

21-28  person to fill the vacancy not later than 30 days after the date on

21-29  which the vacancy occurs.

21-30     2.  The clerk of the court shall notify each person who is

21-31  appointed to the probation committee. The notice of appointment

21-32  must instruct the person to appear before the juvenile court not

21-33  later than 10 days after the date the notice is sent.

21-34     3.  Each person who is appointed to the probation committee

21-35  shall:

21-36     (a) Appear before the juvenile court not later than the time

21-37  specified by the notice of appointment; and

21-38     (b) Qualify by taking an oath to perform faithfully the duties

21-39  of a member of the probation committee. The taking of the oath

21-40  must be entered in the records of the juvenile court.

21-41     4.  Except as otherwise provided in this section, the juvenile

21-42  court shall appoint persons to the probation committee for the

21-43  following terms:

21-44     (a) For the initial terms of the members:

21-45         (1) One member must be appointed for a term of 1 year;

22-1          (2) Two members must be appointed for terms of 2 years;

22-2  and

22-3          (3) Two members must be appointed for terms of 3 years.

22-4      (b) For the terms following the initial terms, each member

22-5  must be appointed for a term of 3 years.

22-6      5.  If a person is appointed to fill a vacancy before the end of

22-7  a term, the juvenile court shall appoint the person for the

22-8  remainder of the unexpired term.

22-9      6.  The juvenile court may at any time remove for cause any

22-10  member of the probation committee.

22-11     7.  Any member who is absent from three consecutive

22-12  meetings of the probation committee without permission of the

22-13  chairman:

22-14     (a) Forfeits his office; and

22-15     (b) Must be replaced as provided in this section for the filling

22-16  of a vacancy before the end of a term.

22-17     8.  Members of the probation committee shall:

22-18     (a) Serve without compensation; and

22-19     (b) Choose from among their members a chairman and a

22-20  secretary.

22-21     Sec. 76.  1.  The probation committee shall:

22-22     (a) Advise the juvenile court upon its request.

22-23     (b) In conjunction with the director of the department of

22-24  juvenile justice services and the chief probation officer, advise on

22-25  any matter concerning the control and management of any local

22-26  facility for the detention of children.

22-27     (c) Upon the request of the director of the department of

22-28  juvenile justice services, investigate the facilities, resources and

22-29  management of any person or entity, other than a state agency,

22-30  that applies to receive or receives children under this title and

22-31  report its findings, conclusions and recommendations to the

22-32  juvenile court.

22-33     (d) Prepare an annual report of its activities, investigations,

22-34  findings and recommendations and file the annual report with the

22-35  juvenile court and with the clerk of the court as a public

22-36  document.

22-37     (e) Advise the director of the department of juvenile justice

22-38  services and make recommendations concerning:

22-39         (1) The appointment of employees that the probation

22-40  committee deems necessary for the operation and management of

22-41  the probation department and each local facility for the detention

22-42  of children.

22-43         (2) The establishment of policies, procedures and standards

22-44  for the proper performance of the duties and responsibilities of

23-1  probation officers, the employees of the probation department and

23-2  the employees of each local facility for the detention of children.

23-3      (f) Act as a hearing board pursuant to the provisions of section

23-4  80 of this act.

23-5      2.  The probation committee may, if it deems as proper or

23-6  necessary, investigate any local facility for the detention of

23-7  children and report its findings, conclusions and

23-8  recommendations to the juvenile court.

23-9      Sec. 77.  1.  From a list of candidates recommended by the

23-10  probation committee, the juvenile court shall appoint a director of

23-11  the department of juvenile justice services.

23-12     2.  The director of the department of juvenile justice services:

23-13     (a) Is directly responsible to the juvenile court and shall

23-14  administer the functions of the juvenile court.

23-15     (b) Shall coordinate the services of and serve as liaison

23-16  between the juvenile court and all agencies in the judicial district

23-17  dealing with children, including, but not limited to:

23-18         (1) The Division of Child and Family Services;

23-19         (2) The public schools of the judicial district;

23-20         (3) All law enforcement agencies of the judicial district;

23-21         (4) The probation committee; and

23-22         (5) All local facilities for the detention of children within

23-23  the judicial district.

23-24     (c) May carry out preventive programs relating to juvenile

23-25  delinquency.

23-26     3.  The director of the department of juvenile justice services

23-27  serves at the pleasure of the juvenile court and is subject to

23-28  removal or discharge by the juvenile court. Before the juvenile

23-29  court may remove or discharge the director of the department of

23-30  juvenile justice services, the juvenile court shall provide to the

23-31  director:

23-32         (1) A written statement of the reasons for the removal or

23-33  discharge; and

23-34         (2) An opportunity to be heard before the juvenile court

23-35  regarding the removal or discharge.

23-36     4.  The director of the department of juvenile justice services

23-37  is entitled to such staff or employees to assist in the performance

23-38  of the duties of the director as is advised by the probation

23-39  committee, approved by the juvenile court, and consented to by

23-40  the board or boards of county commissioners.

23-41     5.  With the advice of the probation committee and the

23-42  consent of the board or boards of county commissioners of the

23-43  county or counties, the juvenile court shall determine the salary of

23-44  the director of the department of juvenile justice services.

24-1      Sec. 78.  1.  With the advice of the probation committee, the

24-2  director of the department of juvenile justice services shall

24-3  appoint:

24-4      (a) One or more probation officers.

24-5      (b) Other employees as may be required to carry on the work

24-6  of the probation department and each local facility for the

24-7  detention of children.

24-8      2.  The appointment of the probation officers, the employees

24-9  of the department of juvenile justice services and the employees of

24-10  each local facility for the detention of children must be made from

24-11  lists of eligible persons established through competitive

24-12  examinations.

24-13     3.  With the advice of the probation committee, the director of

24-14  the department of juvenile justice services shall establish policies,

24-15  procedures and standards for the proper performance of the duties

24-16  and responsibilities of the probation officers, the employees of the

24-17  department of juvenile justice services and the employees of each

24-18  local facility for the detention of children.

24-19     4.  With the advice of the probation committee, approval of the

24-20  juvenile court and consent of the board or boards of county

24-21  commissioners, the director of the department of juvenile justice

24-22  services shall determine the salaries of the probation officers, the

24-23  employees of the department of juvenile justice services and the

24-24  employees of each local facility for the detention of children.

24-25     5.  If the director of the department of juvenile justice services

24-26  serves two or more counties, the director:

24-27     (a) May appoint the probation officers to serve the counties

24-28  jointly; and

24-29     (b) Shall allocate the salaries and expenses of the probation

24-30  officers between the counties.

24-31     Sec. 79.  1.  The director of the department of juvenile

24-32  justice services shall appoint one probation officer as the chief

24-33  probation officer.

24-34     2.  Under the general supervision of the director of the

24-35  department of juvenile justice services and with the advice of the

24-36  probation committee, the chief probation officer shall:

24-37     (a) Organize, direct and develop the administrative work,

24-38  including, but not limited to, the social, financial and clerical

24-39  work, of the department of juvenile justice services and each local

24-40  facility for the detention of children; and

24-41     (b) Perform such other duties as the director of the department

24-42  of juvenile justice services directs.

24-43     Sec. 80.  1.  Pursuant to the provisions of this section, the

24-44  director of the department of juvenile justice services may demote

24-45  or dismiss, only for cause, any probation officer, employee of the

25-1  department of juvenile justice services or employee of a local

25-2  facility for the detention of children.

25-3      2.  Before the director of the department of juvenile justice

25-4  services may demote a probation officer or employee, the director

25-5  shall provide to the probation officer or employee:

25-6      (a) A written statement of the reasons for the demotion; and

25-7      (b) An opportunity to be heard before the director regarding

25-8  the demotion.

25-9      3.  Before the director of the department of juvenile justice

25-10  services may dismiss a probation officer or employee with less

25-11  than 12 months of service, the director shall provide to the

25-12  probation officer or employee:

25-13     (a) A written statement of the reasons for the dismissal; and

25-14     (b) An opportunity to be heard before the director regarding

25-15  the dismissal.

25-16     4.  If a probation officer or employee with 12 months or more

25-17  of service is dismissed pursuant to this section:

25-18     (a) Not later than 15 days after his dismissal, the probation

25-19  officer or employee may request a written statement from the

25-20  director of the department of juvenile justice services specifically

25-21  setting forth the reasons for the dismissal. The director shall

25-22  provide the written statement to the probation officer or employee

25-23  not later than 15 days after the date of the request.

25-24     (b) Not later than 30 days after receipt of the written statement

25-25  from the director, the probation officer or employee may make a

25-26  written request for a public hearing before the probation

25-27  committee. The probation committee shall adopt rules for the

25-28  conduct of such public hearings.

25-29     (c) The probation officer or employee may appeal the decision

25-30  of the probation committee to the board or boards of county

25-31  commissioners.

25-32     Sec. 81.  All information obtained in the discharge of an

25-33  official duty by an officer or employee of the juvenile court is

25-34  privileged and must not be disclosed other than to the juvenile

25-35  court, the director of the department of juvenile justice services or

25-36  any person who is authorized to receive that information pursuant

25-37  to the provisions of this title, unless otherwise ordered by the

25-38  juvenile court or permitted by the director.

25-39     Sec. 82.  1.  The provisions of sections 82 to 87, inclusive, of

25-40  this act apply only to a county:

25-41     (a) Whose population is 400,000 or more; and

25-42     (b) Which constitutes a judicial district.

25-43     2.  If a department of juvenile justice services has been

25-44  established by ordinance in a judicial district pursuant to sections

25-45  82 to 87, inclusive, of this act, the provisions of sections 74 to 81,

26-1  inclusive, of this act do not apply to that judicial district for the

26-2  period the ordinance is in effect.

26-3      Sec. 83.  1.  The board of county commissioners may

26-4  establish by ordinance a department of juvenile justice services.

26-5      2.  The department of juvenile justice services:

26-6      (a) Shall administer the provisions of services relating to the

26-7  delinquency and the abuse and neglect of children with respect to

26-8  matters arising pursuant to the provisions of this title; and

26-9      (b) May carry out programs relating to the prevention of

26-10  juvenile delinquency.

26-11     3.  The board of county commissioners may appoint a director

26-12  of the department of juvenile justice services. The director serves

26-13  at the pleasure of the board.

26-14     Sec. 84.  1.  The board of county commissioners may provide

26-15  for the appointment of:

26-16     (a) One or more probation officers;

26-17     (b) One or more assistant probation officers; and

26-18     (c) Other employees as may be necessary to carry out the

26-19  duties of the department of juvenile justice services.

26-20     2.  Probation officers, assistant probation officers and other

26-21  employees authorized pursuant to this section are:

26-22     (a) Employees of the county who are subject to the

26-23  provisions of the merit personnel system unless exempt pursuant

26-24  to NRS 245.216; and

26-25     (b) Local government employees for the purposes of chapter

26-26  288 of NRS.

26-27     3.  Probation officers, assistant probation officers and other

26-28  employees hired before the effective date of the ordinance

26-29  establishing the department of juvenile justice services may be

26-30  dismissed only for cause.

26-31     4.  All information obtained in the discharge of an official

26-32  duty by a probation officer, assistant probation officer or other

26-33  employee of the department of juvenile justice services is

26-34  privileged and must not be disclosed other than to the juvenile

26-35  court, the director of the department of juvenile justice services or

26-36  any person who is authorized to receive that information pursuant

26-37  to the provisions of this title, unless otherwise ordered by the

26-38  juvenile court or permitted by the director.

26-39     Sec. 85.  1.  The board of county commissioners of a county

26-40  which establishes a department of juvenile justice services shall

26-41  establish by ordinance a joint board consisting of five members.

26-42     2.  The joint board consists of:

26-43     (a) Three representatives of the district judges designated by

26-44  the judges of the judicial district from among their members; and

27-1      (b) Two representatives of the board of county commissioners

27-2  designated by the board from among its members.

27-3      3.  The duties of the joint board must include, but are not

27-4  limited to:

27-5      (a) Acting as a liaison between the board of county

27-6  commissioners and the district court; and

27-7      (b) Making recommendations to the board of county

27-8  commissioners concerning the facilities, resources, operation and

27-9  management of the department of juvenile justice services.

27-10     4.  The district judges serving as members of the joint board

27-11  may withdraw from participating in the board by giving written

27-12  notice of their intent to withdraw to the board of county

27-13  commissioners.

27-14     Sec. 86.  1.  The board of county commissioners of a county

27-15  which establishes a department of juvenile justice services shall

27-16  establish by ordinance a citizen’s advisory committee to advise the

27-17  joint board established pursuant to section 85 of this act.

27-18     2.  The ordinance establishing the citizen’s advisory

27-19  committee must include:

27-20     (a) The name of the committee;

27-21     (b) The number of members of the committee;

27-22     (c) The terms of the members; and

27-23     (d) The duties of the committee.

27-24     3.  The citizen’s advisory committee may offer the opinions

27-25  and recommendations of the residents of the county and give

27-26  advice and make recommendations to the joint board concerning

27-27  the facilities, services and resources provided by the department of

27-28  juvenile justice services.

27-29     Sec. 87.  The ordinances establishing the department of

27-30  juvenile justice services, the joint board and the citizen’s advisory

27-31  committee shall be deemed repealed 6 months after the effective

27-32  date of the notice, unless an earlier date is prescribed by the board

27-33  of county commissioners.

27-34     Sec. 88.  1.  A program of sports or physical fitness and a

27-35  program for the arts:

27-36     (a) May be publicly or privately operated; and

27-37     (b) Must be adequately supervised.

27-38     2.  A program for the arts may include, but is not limited to:

27-39     (a) Drawing, painting, photography or other visual arts;

27-40     (b) Writing;

27-41     (c) Musical, dance or theatrical performance; and

27-42     (d) Any other structured activity that involves creative or

27-43  artistic expression.

27-44     Sec. 89.  1.  A program of cognitive training and human

27-45  development must include, but is not limited to, education,

28-1  instruction or guidance in one or more of the following subjects,

28-2  as deemed appropriate by the juvenile court:

28-3      (a) Motivation.

28-4      (b) Habits, attitudes and conditioning.

28-5      (c) Self-conditioning processes.

28-6      (d) Developing a successful way of life.

28-7      (e) The process of solving problems.

28-8      (f) Emotions and emotional blocks.

28-9      (g) Assurances and demonstrative maturity.

28-10     (h) Family success.

28-11     (i) Family relationships.

28-12     (j) Interfamilial understanding and communications.

28-13     (k) Financial stability.

28-14     (l) Effective communications.

28-15     (m) Conflict resolution.

28-16     (n) Anger management.

28-17     (o) Obtaining and retaining employment.

28-18     2.  A director of juvenile services may contract with persons

28-19  and public or private entities that are qualified to operate or to

28-20  participate in a program of cognitive training and human

28-21  development.

28-22     3.  A director of juvenile services may designate a person to

28-23  carry out the provisions of this section.

28-24     Sec. 90.  1.  To finance a program of cognitive training and

28-25  human development established pursuant to section 89 of this act,

28-26  a director of juvenile services may establish, with the county

28-27  treasurer as custodian, a special fund to be known as the cognitive

28-28  training and human development fund.

28-29     2.  A director of juvenile services may apply for and accept

28-30  grants, gifts, donations, bequests or devises which the director

28-31  shall deposit with the county treasurer for credit to the fund.

28-32     3.  The fund must be a separate and continuing fund, and no

28-33  money in the fund reverts to the general fund of the county at any

28-34  time. The interest earned on the money in the fund, after

28-35  deducting any applicable charges, must be credited to the fund.

28-36     4.  A director of juvenile services shall:

28-37     (a) Expend money from the fund only to finance a program of

28-38  cognitive training and human development; and

28-39     (b) If the source of the money is a grant, gift, donation,

28-40  bequest or devise, expend the money, to the extent permitted by

28-41  law, in accordance with the terms of the grant, gift, donation,

28-42  bequest or devise.

28-43     5.  A director of juvenile services must authorize any

28-44  expenditure from the fund before it is made.

29-1      Sec. 91.  1.  A director of juvenile services may establish a

29-2  program of restitution through work. A program of restitution

29-3  through work must:

29-4      (a) Include, but is not limited to, instruction in skills for

29-5  employment and work ethics; and

29-6      (b) Require a child who participates in the program to:

29-7          (1) With the assistance of the program and if practicable,

29-8  seek and obtain a position of employment with a public or private

29-9  employer; and

29-10         (2) Sign an authorization form that permits money to be

29-11  deducted from the wages of the child to pay restitution. The

29-12  director of juvenile services may prescribe the contents of

29-13  the authorization form and may determine the amount of money to

29-14  be deducted from the wages of the child to pay restitution, but the

29-15  director shall not require that more than 50 percent of the wages

29-16  of the child be deducted to pay restitution.

29-17     2.  A program of restitution through work may include, but is

29-18  not limited to, cooperative agreements with public or private

29-19  employers to make available positions of employment for a child

29-20  who participates in the program.

29-21     3.  A director of juvenile services may terminate participation

29-22  by a child in a program of restitution through work for any lawful

29-23  reason or purpose.

29-24     4.  A director of juvenile services may contract with persons

29-25  and public or private entities that are qualified to operate or to

29-26  participate in a program of restitution through work.

29-27     5.  A director of juvenile services may designate a person to

29-28  carry out the provisions of this section.

29-29     6.  The provisions of this section do not:

29-30     (a) Create a right on behalf of a child to participate in a

29-31  program of restitution through work or to hold a position of

29-32  employment; or

29-33     (b) Establish a basis for any cause of action against the State

29-34  of Nevada or its officers or employees for denial of the ability to

29-35  participate in or for removal from a program of restitution

29-36  through work or for denial of or removal from a position of

29-37  employment.

29-38     Sec. 92.  1.  To finance a program of restitution through

29-39  work, a director of juvenile services may establish, with the county

29-40  treasurer as custodian, a special fund to be known as the

29-41  restitution through work fund.

29-42     2.  A director of juvenile services may apply for and accept

29-43  grants, gifts, donations, bequests or devises which the director

29-44  shall deposit with the county treasurer for credit to the fund.

30-1      3.  The fund must be a separate and continuing fund, and no

30-2  money in the fund reverts to the general fund of the county at any

30-3  time. The interest earned on the money in the fund, after

30-4  deducting any applicable charges, must be credited to the fund.

30-5      4.  A director of juvenile services shall:

30-6      (a) Expend money from the fund only to finance a program of

30-7  restitution through work; and

30-8      (b) If the source of the money is a grant, gift, donation,

30-9  bequest or devise, expend the money, to the extent permitted by

30-10  law, in accordance with the terms of the grant, gift, donation,

30-11  bequest or devise.

30-12     5.  A director of juvenile services must authorize any

30-13  expenditure from the fund before it is made.

30-14     Sec. 93.  1.  If the juvenile court orders a child or the parent

30-15  or guardian of the child, or both, to perform community service

30-16  pursuant to the provisions of this title, the child or parent or

30-17  guardian of the child, or both, must perform the community

30-18  service for and under the supervising authority of a county, city,

30-19  town or other political subdivision or agency of the State of

30-20  Nevada or a charitable organization that renders service to the

30-21  community or its residents, including, but not limited to:

30-22     (a) A public organization that works on public projects;

30-23     (b) A public agency that works on projects to eradicate graffiti;

30-24  or

30-25     (c) A private nonprofit organization that performs other

30-26  community service.

30-27     2.  The person or entity who supervises the community service

30-28  shall make such reports to the juvenile court as the juvenile court

30-29  may require.

30-30     Sec. 94.  1.  Except as otherwise provided in this section, if a

30-31  child is required to perform any work or community service

30-32  pursuant to the provisions of this title, the supervising entity shall

30-33  not allow the child to perform the work or community service on

30-34  or near a highway or in any other dangerous situation.

30-35     2.  A supervising entity may allow a child to perform work or

30-36  community service on or near a controlled-access highway if:

30-37     (a) The child is not required to perform any work or service in

30-38  the median of the highway;

30-39     (b) The work or service is performed behind a guardrail or

30-40  other safety barrier;

30-41     (c) Appropriate warning signs are placed on the highway at

30-42  least 100 yards in front of the location where the child is working

30-43  from both directions, as appropriate based on the speed of the

30-44  vehicles traveling on the highway;

31-1      (d) A vehicle with an amber light placed on top of the vehicle

31-2  is placed at the site in a manner which shields the child from

31-3  traffic;

31-4      (e) The child is required to wear a reflective vest and an

31-5  orange hat;

31-6      (f) The supervising entity obtains written permission from the

31-7  parent or guardian of the child; and

31-8      (g) The supervising entity obtains written permission from and

31-9  complies with all safety rules of the governmental entity with

31-10  authority over the controlled-access highway.

31-11     3.  A supervising entity may allow a child to perform work or

31-12  community service on or near a highway that does not have

31-13  controlled access if:

31-14     (a) The child is not required to perform any work or service in

31-15  the median of the highway;

31-16     (b) Appropriate warning signs are placed at least 100 yards in

31-17  front of the location where the child is working from both

31-18  directions, as appropriate based on the speed of the vehicles

31-19  traveling on the highway;

31-20     (c) A vehicle with an amber light placed on top of the vehicle is

31-21  placed at the site in a manner which shields the child from traffic;

31-22     (d) The child is required to wear a reflective vest and an

31-23  orange hat;

31-24     (e) The supervising entity obtains written permission from the

31-25  parent or guardian of the child; and

31-26     (f) The supervising entity obtains written permission from and

31-27  complies with all safety rules of the governmental entity with

31-28  authority over the highway.

31-29     4.  Upon the request of the parent or guardian of the child

31-30  who is assigned to perform work or community service on or near

31-31  a highway pursuant to subsection 2 or 3, the supervising entity

31-32  shall make available to the parent or guardian information

31-33  regarding the nature of the work or community service to be

31-34  performed by the child and the specific location at which the work

31-35  or community service is to be performed.

31-36     5.  As used in this section:

31-37     (a) “Controlled-access highway” means every highway to or

31-38  from which owners or occupants of abutting lands and other

31-39  persons have no legal right of access except at such points only

31-40  and in such manner as may be determined by a public authority.

31-41     (b) “Other dangerous situation” means any situation that

31-42  poses a reasonably foreseeable risk that serious bodily harm or

31-43  injury to a child could occur.

32-1      (c) “Supervising entity” means a person or entity that is

32-2  responsible for supervising children who are ordered to perform

32-3  work or community service pursuant to the provisions of this title.

32-4      Sec. 95.  Title 5 of NRS is hereby amended by adding thereto a

32-5  new chapter to consist of the provisions set forth as sections 96 to

32-6  132, inclusive, of this act.

32-7      Sec. 96.  1.  If a child is alleged to be delinquent or in need

32-8  of supervision, the juvenile court shall advise the child and the

32-9  parent or guardian of the child that the child is entitled to be

32-10  represented by an attorney at all stages of the proceedings.

32-11     2.  If a parent or guardian of a child is indigent, the parent or

32-12  guardian may request the appointment of an attorney to represent

32-13  the child pursuant to the provisions in NRS 171.188.

32-14     3.  Except as otherwise provided in this section, the juvenile

32-15  court shall appoint an attorney for a child if the parent or

32-16  guardian of the child does not retain an attorney for the child and

32-17  is not likely to retain an attorney for the child.

32-18     4.  A child may waive the right to be represented by an

32-19  attorney if:

32-20     (a) A petition is not filed and the child is placed under

32-21  informal supervision pursuant to section 103 of this act; or

32-22     (b) A petition is filed and the record of the juvenile court

32-23  shows that the waiver of the right to be represented by an attorney

32-24  is made knowingly, intelligently, voluntarily and in accordance

32-25  with any applicable standards established by the juvenile court.

32-26     5.  Except as otherwise provided in NRS 424.085, if the

32-27  juvenile court appoints an attorney to represent a child and:

32-28     (a) The parent or guardian of the child is not indigent, the

32-29  parent or guardian shall pay the reasonable fees and expenses of

32-30  the attorney.

32-31     (b) The parent or guardian of the child is indigent, the juvenile

32-32  court may order the parent or guardian to reimburse the county or

32-33  State in accordance with the ability of the parent or guardian to

32-34  pay.

32-35     6.  A parent or guardian of a child who is alleged to be

32-36  delinquent or in need of supervision may be represented by an

32-37  attorney at all stages of the proceedings. The juvenile court may

32-38  not appoint an attorney for a parent or guardian, unless the

32-39  juvenile court:

32-40     (a) Finds that such an appointment is required in the interests

32-41  of justice; and

32-42     (b) Specifies in the record the reasons for the appointment.

32-43     7.  Each attorney, other than a public defender, who is

32-44  appointed under the provisions of this section is entitled to the

32-45  same compensation and expenses from the county as is provided

33-1  in NRS 7.125 and 7.135 for attorneys appointed to represent

33-2  persons charged with criminal offenses.

33-3      Sec. 97.  1.  A clerk of the court may allow any of the

33-4  following documents to be filed electronically:

33-5      (a) A petition prepared and signed by the district attorney

33-6  pursuant to section 99 or 100 of this act.

33-7      (b) A document relating to proceedings conducted pursuant to

33-8  sections 118 to 129, inclusive, of this act.

33-9      (c) A study and report prepared pursuant to section 141 of this

33-10  act.

33-11     2.  Any document that is filed electronically pursuant to this

33-12  section must contain an image of the signature of the person who

33-13  is filing the document.

33-14     Sec. 98.  In proceedings conducted pursuant to the provisions

33-15  of this title:

33-16     1.  A party to a petition must not be charged any court fees or

33-17  witness fees.

33-18     2.  A salaried officer of this state or of any political

33-19  subdivision of this state is not entitled to receive any fee for the

33-20  officer’s services or attendance in the juvenile court.

33-21     3.  Any other person acting under orders of the juvenile court

33-22  may receive a fee for service of process, for serving as a witness or

33-23  for his services and attendance in juvenile court. The fee must be

33-24  paid:

33-25     (a) In an amount as provided by law for like services in cases

33-26  before the district court; and

33-27     (b) By the county, after the juvenile court has certified the

33-28  amount to be paid.

33-29     Sec. 99.  1.  When a complaint is made alleging that a child

33-30  is delinquent or in need of supervision:

33-31     (a) The complaint must be referred to a probation officer of

33-32  the appropriate county; and

33-33     (b) The probation officer shall conduct a preliminary inquiry

33-34  to determine whether the best interests of the child or of the

33-35  public:

33-36         (1) Require that a petition be filed; or

33-37         (2) Would better be served by placing the child under

33-38  informal supervision pursuant to section 103 of this act.

33-39     2.  If, after conducting the preliminary inquiry, the probation

33-40  officer recommends the filing of a petition, the district attorney

33-41  shall determine whether to file the petition.

33-42     3.  If, after conducting the preliminary inquiry, the probation

33-43  officer does not recommend the filing of a petition or that the child

33-44  be placed under informal supervision, the probation officer must

34-1  notify the complainant regarding the complainant’s right to seek a

34-2  review of the complaint by the district attorney.

34-3      4.  If the complainant seeks a review of the complaint by the

34-4  district attorney, the district attorney shall:

34-5      (a) Review the facts presented by the complainant;

34-6      (b) Consult with the probation officer; and

34-7      (c) File the petition with the juvenile court if the district

34-8  attorney believes that the filing of the petition is necessary to

34-9  protect the interests of the child or of the public.

34-10     5.  The determination of the district attorney concerning

34-11  whether to file the petition is final.

34-12     6.  Except as otherwise provided in section 116 of this act, if a

34-13  child is in detention or shelter care, the child must be released

34-14  immediately if a petition alleging that the child is delinquent or in

34-15  need of supervision is not:

34-16     (a) Approved by the district attorney; or

34-17     (b) Filed within 8 days after the date the complaint was

34-18  referred to the probation officer.

34-19     Sec. 100.  1.  Before a petition alleging delinquency or need

34-20  of supervision or a petition for revocation may be filed with the

34-21  juvenile court, the district attorney must prepare and sign the

34-22  petition. The district attorney shall represent the petitioner in all

34-23  proceedings.

34-24     2.  The petition must be:

34-25     (a) Entitled, “In the Matter of ................, a child”; and

34-26     (b) Verified by the person who signs it.

34-27     3.  The petition must set forth specifically:

34-28     (a) The facts which bring the child within the jurisdiction of

34-29  the juvenile court and the date when delinquency occurred or need

34-30  of supervision arose.

34-31     (b) The name, date of birth and address of the residence of the

34-32  child.

34-33     (c) The name and address of the residence of the parent or

34-34  guardian of the child. If the parent or guardian of the child does

34-35  not reside or cannot be found within this state, or if the address of

34-36  the parent or guardian is unknown:

34-37         (1) The name of any known adult relative residing within

34-38  this state; or

34-39         (2) If no known adult relative resides within this state, the

34-40  known adult relative residing nearest to the juvenile court.

34-41     (d) The name and address of the spouse of the child, if any.

34-42     (e) Whether the child is in custody and, if so, the place of

34-43  detention and the time the child was taken into custody.

34-44     4.  If any of the facts required by subsection 3 are not known,

34-45  the petition must so state.

35-1      Sec. 101.  1.  In addition to the information required

35-2  pursuant to section 100 of this act, a petition alleging that a child

35-3  is in need of supervision must contain the following information

35-4  regarding efforts made to modify the behavior of the child:

35-5      (a) A list of the local programs to which the child was referred;

35-6  and

35-7      (b) Other efforts taken in the community.

35-8      2.  If a petition is filed alleging that a child is in need of

35-9  supervision and the child previously has not been found to be

35-10  within the purview of this title, the juvenile court:

35-11     (a) Shall admonish the child to obey the law and to refrain

35-12  from repeating the acts for which the petition was filed;

35-13     (b) Shall maintain a record of the admonition;

35-14     (c) Shall refer the child to services available in the community

35-15  for counseling, behavioral modification and social adjustment;

35-16  and

35-17     (d) Shall not adjudicate the child to be in need of supervision,

35-18  unless a subsequent petition based upon additional facts is filed

35-19  with the juvenile court after admonition and referral pursuant to

35-20  this subsection.

35-21     3.  If a child is not subject to the provisions of subsection 2,

35-22  the juvenile court may not adjudicate the child to be in need of

35-23  supervision unless the juvenile court expressly finds that

35-24  reasonable efforts were taken in the community to assist the child

35-25  in ceasing the behavior for which the child is alleged to be in need

35-26  of supervision.

35-27     4.  The provisions of this section do not apply to a child who is

35-28  alleged to be in need of supervision because the child is a habitual

35-29  truant.

35-30     Sec. 102.  1.  If a petition filed pursuant to the provisions of

35-31  this title contains allegations that a child committed an unlawful

35-32  act which would have been a sexual offense if committed by an

35-33  adult or which involved the use or threatened use of force or

35-34  violence against the victim, the district attorney shall provide to

35-35  the victim and, if the victim is less than 18 years of age, to the

35-36  parent or guardian of the victim, as soon as practicable after the

35-37  petition is filed, documentation that includes:

35-38     (a) A form advising the victim and the parent or guardian of

35-39  the victim of their rights pursuant to the provisions of this title;

35-40  and

35-41     (b) The form or procedure that must be used to request

35-42  disclosure pursuant to section 127 of this act.

35-43     2.  As used in this section, “sexual offense” means:

35-44     (a) Sexual assault pursuant to NRS 200.366;

36-1      (b) Battery with intent to commit sexual assault pursuant to

36-2  NRS 200.400;

36-3      (c) An offense involving pornography and a minor pursuant to

36-4  NRS 200.710 to 200.730, inclusive;

36-5      (d) Open or gross lewdness pursuant to NRS 201.210;

36-6      (e) Indecent or obscene exposure pursuant to NRS 201.220;

36-7      (f) Lewdness with a child pursuant to NRS 201.230;

36-8      (g) Sexual penetration of a dead human body pursuant to

36-9  NRS 201.450;

36-10     (h) Annoyance or molestation of a minor pursuant to

36-11  NRS 207.260; or

36-12     (i) An attempt to commit an offense listed in this subsection.

36-13     Sec. 103.  1.  When a complaint is made alleging that a child

36-14  is delinquent or in need of supervision, the child may be placed

36-15  under the informal supervision of a probation officer if:

36-16     (a) The child voluntarily admits participation in the acts

36-17  alleged in the complaint; and

36-18     (b) The district attorney gives written approval for placement

36-19  of the child under informal supervision, if any of the acts alleged

36-20  in the complaint are unlawful acts that would have constituted a

36-21  gross misdemeanor or felony if committed by an adult.

36-22     2.  If the probation officer recommends placing the child

36-23  under informal supervision, the probation officer must advise the

36-24  child and the parent or guardian of the child that they may refuse

36-25  informal supervision.

36-26     3.  The child must enter into an agreement for informal

36-27  supervision voluntarily and intelligently:

36-28     (a) With the advice of the attorney for the child; or

36-29     (b) If the child is not represented by an attorney, with the

36-30  consent of the parent or guardian of the child.

36-31     4.  If the child is placed under informal supervision:

36-32     (a) The terms and conditions of the agreement for informal

36-33  supervision must be stated clearly in writing. The terms and

36-34  conditions of the agreement may include, but are not limited to,

36-35  the requirements set forth in section 104 of this act.

36-36     (b) The agreement must be signed by all parties.

36-37     (c) A copy of the agreement must be given to:

36-38         (1) The child;

36-39         (2) The parent or guardian of the child;

36-40         (3) The attorney for the child, if any; and

36-41         (4) The probation officer, who shall retain a copy in his file

36-42  for the case.

36-43     5.  The period of informal supervision must not exceed 180

36-44  days. The child and the parent or guardian of the child may

37-1  terminate the agreement at any time by requesting the filing of a

37-2  petition for formal adjudication.

37-3      6.  The district attorney may not file a petition against the

37-4  child based on any acts for which the child was placed under

37-5  informal supervision unless the district attorney files the petition

37-6  not later than 180 days after the date the child entered into the

37-7  agreement for informal supervision. If the district attorney files a

37-8  petition against the child within that period, the child may

37-9  withdraw the admission that the child made pursuant to

37-10  subsection 1.

37-11     7.  If the child successfully completes the terms and conditions

37-12  of the agreement for informal supervision, the juvenile court may

37-13  dismiss any petition filed against the child that is based on any

37-14  acts for which the child was placed under informal supervision.

37-15     Sec. 104.  1.  An agreement for informal supervision may

37-16  require the child to:

37-17     (a) Perform community service or provide restitution to any

37-18  victim of the acts for which the child was referred to the probation

37-19  officer;

37-20     (b) Participate in a program of restitution through work that is

37-21  established pursuant to section 91 of this act if the child:

37-22         (1) Is 14 years of age or older;

37-23         (2) Has never been found to be within the purview of this

37-24  title for an unlawful act that involved the use or threatened use of

37-25  force or violence against a victim and has never been found to

37-26  have committed such an unlawful act in any other jurisdiction;

37-27         (3) Is required to provide restitution to a victim; and

37-28         (4) Voluntarily agrees to participate in the program of

37-29  restitution through work.

37-30     (c) Complete a program of cognitive training and human

37-31  development pursuant to section 89 of this act if:

37-32         (1) The child has never been found to be within the purview

37-33  of this title; and

37-34         (2) The unlawful act for which the child is found to be

37-35  within the purview of this title did not involve the use or

37-36  threatened use of force or violence against a victim; or

37-37     (d) Engage in any combination of the activities set forth in this

37-38  subsection.

37-39     2.  If the agreement for informal supervision requires the

37-40  child to participate in a program of restitution through work or

37-41  complete a program of cognitive training and human

37-42  development, the agreement may also require any or all of the

37-43  following, in the following order of priority if practicable:

37-44     (a) The child or the parent or guardian of the child, or both, to

37-45  the extent of their financial ability, to pay the costs associated with

38-1  the participation of the child in the program, including, but not

38-2  limited to:

38-3          (1) A reasonable sum of money to pay for the cost of

38-4  policies of insurance against liability for personal injury and

38-5  damage to property during those periods in which the child

38-6  participates in the program or performs work; and

38-7          (2) In the case of a program of restitution through work,

38-8  for industrial insurance, unless the industrial insurance is

38-9  provided by the employer for which the child performs the work;

38-10  or

38-11     (b) The child to work on projects or perform community

38-12  service for a period that reflects the costs associated with the

38-13  participation of the child in the program.

38-14     Sec. 105.  Upon the request of the juvenile court, a probation

38-15  officer shall file with the juvenile court a report of:

38-16     1.  The number of children placed under informal supervision

38-17  during the previous year;

38-18     2.  The conditions imposed in each case; and

38-19     3.  The number of cases that were successfully completed

38-20  without the filing of a petition.

38-21     Sec. 106.  1.  If the district attorney files a petition with the

38-22  juvenile court, the juvenile court may:

38-23     (a) Dismiss the petition without prejudice and refer the child to

38-24  the probation officer for informal supervision pursuant to section

38-25  103 of this act; or

38-26     (b) Place the child under the supervision of the juvenile court

38-27  pursuant to a supervision and consent decree, without a formal

38-28  adjudication of delinquency, if the juvenile court receives:

38-29         (1) The recommendation of the probation officer;

38-30         (2) The written approval of the district attorney; and

38-31         (3) The written consent and approval of the child and the

38-32  parent or guardian of the child.

38-33     2.  If a child is placed under the supervision of the juvenile

38-34  court pursuant to a supervision and consent decree, the juvenile

38-35  court may dismiss the petition if the child successfully completes

38-36  the terms and conditions of the supervision and consent decree.

38-37     3.  If the petition is dismissed:

38-38     (a) The child may respond to any inquiry concerning the

38-39  proceedings and events which brought about the proceedings as if

38-40  they had not occurred; and

38-41     (b) The records concerning a supervision and consent decree

38-42  may be considered in a subsequent proceeding before the juvenile

38-43  court regarding that child.

39-1      Sec. 107.  1.  After a petition has been filed and after such

39-2  further investigation as the juvenile court may direct, the juvenile

39-3  court shall direct the clerk of the court to issue a summons that:

39-4      (a) Requires the person who has care and custody of the child

39-5  to:

39-6          (1) Appear personally; and

39-7          (2) Bring the child before the juvenile court at the time and

39-8  place stated in the summons;

39-9      (b) Informs the person who has care and custody of the child

39-10  of the child’s right to be represented by an attorney at the initial

39-11  hearing, as provided in section 96 of this act; and

39-12     (c) Has a copy of the petition attached.

39-13     2.  If the person summoned pursuant to subsection 1 is not the

39-14  parent or guardian of the child, the clerk of the court must notify

39-15  the parent or guardian by a similar summons of:

39-16     (a) The pendency of the case; and

39-17     (b) The time and place for the proceeding involving the child.

39-18     3.  The juvenile court may direct the clerk of the court to issue

39-19  a summons requiring the appearance of any other person whose

39-20  presence at the proceeding is necessary, as determined by the

39-21  juvenile court.

39-22     4.  The clerk of the court is not required to issue a summons if

39-23  the person to be summoned voluntarily appears.

39-24     5.  If, based on the condition or surroundings of the child, the

39-25  juvenile court determines that it is in the best interests of the child

39-26  or the public to require the appropriate agency of the judicial

39-27  district or the Division of Child and Family Services to assume

39-28  care and custody of the child, the juvenile court may order, by

39-29  endorsement upon the summons, that the person serving the

39-30  summons deliver the child to a probation officer for placement

39-31  with a suitable person or in an appropriate facility where the child

39-32  must remain until further order of the juvenile court.

39-33     Sec. 108.  1.  Except as otherwise provided in this section, a

39-34  summons must be served personally by the delivery of a true copy

39-35  to the person summoned.

39-36     2.  If the juvenile court determines that it is impracticable to

39-37  serve a summons personally, the juvenile court may order the

39-38  summons to be served by:

39-39     (a) Registered mail or certified mail addressed to the last

39-40  known address; or

39-41     (b) Publication,

39-42  or both.

39-43     3.  The service of a summons is sufficient to confer

39-44  jurisdiction if the summons is served at least 48 hours before the

39-45  time fixed in the summons for its return.

40-1      4.  Any person over 18 years of age may serve any summons,

40-2  process or notice required by the provisions of this title.

40-3      5.  The county shall pay all necessary expenses for the service

40-4  of any summons, process or notice required by the provisions of

40-5  this title.

40-6      Sec. 109.  1.  The juvenile court may issue a writ for the

40-7  attachment of a child or the parent or guardian of the child, or

40-8  both, and command a probation officer or peace officer to bring

40-9  before the juvenile court, at the time and place stated, the person

40-10  or persons named in the writ if:

40-11     (a) A summons cannot be served;

40-12     (b) The person or persons served fail to obey the summons; or

40-13     (c) The juvenile court determines that:

40-14         (1) The service will be ineffectual; or

40-15         (2) The welfare of the child requires that the child be

40-16  brought immediately into the custody of the juvenile court.

40-17     2.  A person who violates a writ or any order of the juvenile

40-18  court issued pursuant to this section may be punished for

40-19  contempt.

40-20     Sec. 110.  1.  If a child commits a criminal offense in this

40-21  state and the child flees to another state, the Governor shall

40-22  request extradition of the child from the other state to this state

40-23  according to the other state’s procedure for the extradition of

40-24  adults.

40-25     2.  If a child commits a criminal offense in another state and

40-26  the child flees to this state, the child may be extradited to the other

40-27  state in accordance with the provisions of NRS 179.177 to

40-28  179.235, inclusive, except that while the child is awaiting

40-29  extradition, the child must be detained in a facility for the

40-30  detention of children if space is available.

40-31     Sec. 111.  Except as otherwise provided in this title and

40-32  NRS 484.383:

40-33     1.  A peace officer or probation officer may take into custody

40-34  any child:

40-35     (a) Who the officer has probable cause to believe is violating

40-36  or has violated any state or local law, ordinance, or rule or

40-37  regulation having the force of law; or

40-38     (b) Whose conduct indicates that the child is in need of

40-39  supervision.

40-40     2.  If a child is taken into custody:

40-41     (a) The officer shall, without undue delay, attempt to notify, if

40-42  known, the parent or guardian of the child;

40-43     (b) The facility in which the child is detained shall, without

40-44  undue delay:

40-45         (1) Notify a probation officer; and

41-1          (2) Attempt to notify, if known, the parent or guardian of

41-2  the child if such notification was not accomplished pursuant to

41-3  paragraph (a); and

41-4      (c) Unless it is impracticable or inadvisable or has been

41-5  otherwise ordered by the juvenile court, the child must be released

41-6  to the custody of a parent or guardian or another responsible adult

41-7  who has signed a written agreement to bring the child before the

41-8  juvenile court at a time stated in the agreement or as the juvenile

41-9  court may direct. The written agreement must be submitted to the

41-10  juvenile court as soon as possible. If the person fails to produce

41-11  the child at the time stated in the agreement or upon a summons

41-12  from the juvenile court, a writ may be issued for the attachment of

41-13  the person or of the child requiring that the person or child, or

41-14  both, be brought before the juvenile court at a time stated in the

41-15  writ.

41-16     3.  If a child who is taken into custody is not released

41-17  pursuant to subsection 2:

41-18     (a) The child must be taken without unnecessary delay to:

41-19         (1) The juvenile court; or

41-20         (2) The place of detention designated by the juvenile court

41-21  and, as soon as possible thereafter, the fact of detention must be

41-22  reported to the juvenile court; and

41-23     (b) Pending further disposition of the case, the juvenile court

41-24  may order that the child be:

41-25         (1) Released to the custody of a parent or guardian or

41-26  another person appointed by the juvenile court;

41-27         (2) Detained in a place designated by the juvenile court,

41-28  subject to further order of the juvenile court; or

41-29         (3) Conditionally released for supervised detention at the

41-30  home of the child in lieu of detention at a facility for the detention

41-31  of children. The supervised detention at the home of the child may

41-32  include electronic surveillance of the child.

41-33     4.  In determining whether to release a child pursuant to this

41-34  section to a person other than a parent or guardian, the juvenile

41-35  court shall give preference to any person who is related to the

41-36  child within the third degree of consanguinity if the juvenile court

41-37  finds that the person is suitable and able to provide proper care

41-38  and guidance for the child.

41-39     Sec. 112.  1.  A child must not be released from custody

41-40  sooner than 12 hours after the child is taken into custody if the

41-41  child is taken into custody for committing a battery that constitutes

41-42  domestic violence pursuant to NRS 33.018.

41-43     2.  A child must not be released from custody sooner than 12

41-44  hours after the child is taken into custody if:

42-1      (a) The child is taken into custody for violating a temporary or

42-2  extended order for protection against domestic violence issued

42-3  pursuant to NRS 33.017 to 33.100, inclusive, or for violating a

42-4  restraining order or injunction that is in the nature of a temporary

42-5  or extended order for protection against domestic violence issued

42-6  in an action or proceeding brought pursuant to title 11 of NRS;

42-7  and

42-8      (b) The peace officer or probation officer who has taken the

42-9  child into custody determines that such a violation is accompanied

42-10  by a direct or indirect threat of harm.

42-11     3.  For the purposes of this section, an order or injunction is

42-12  in the nature of a temporary or extended order for protection

42-13  against domestic violence if it grants relief that might be given in a

42-14  temporary or extended order issued pursuant to NRS 33.017 to

42-15  33.100, inclusive.

42-16     Sec. 113.  1.  If a child is not alleged to be delinquent or in

42-17  need of supervision, the child must not, at any time, be confined or

42-18  detained in:

42-19     (a) A facility for the secure detention of children; or

42-20     (b) Any police station, lockup, jail, prison or other facility in

42-21  which adults are detained or confined.

42-22     2.  If a child is alleged to be delinquent or in need of

42-23  supervision, the child must not, before disposition of the case, be

42-24  detained in a facility for the secure detention of children unless

42-25  there is probable cause to believe that:

42-26     (a) If the child is not detained, the child is likely to commit an

42-27  offense dangerous to himself or to the community, or likely to

42-28  commit damage to property;

42-29     (b) The child will run away or be taken away so as to be

42-30  unavailable for proceedings of the juvenile court or to its officers;

42-31     (c) The child was taken into custody and brought before a

42-32  probation officer pursuant to a court order or warrant; or

42-33     (d) The child is a fugitive from another jurisdiction.

42-34     3.  If a child is less than 18 years of age, the child must not, at

42-35  any time, be confined or detained in any police station, lockup,

42-36  jail, prison or other facility where the child has regular contact

42-37  with any adult who is confined or detained in the facility and who

42-38  has been convicted of a criminal offense or charged with a

42-39  criminal offense, unless:

42-40     (a) The child is alleged to be delinquent;

42-41     (b) An alternative facility is not available; and

42-42     (c) The child is separated by sight and sound from any adults

42-43  who are confined or detained in the facility.

42-44     4.  During the pendency of a proceeding involving a criminal

42-45  offense excluded from the original jurisdiction of the juvenile

43-1  court pursuant to section 47 of this act, a child may petition the

43-2  juvenile court for temporary placement in a facility for the

43-3  detention of children.

43-4      Sec. 114.  1.  If a child who is alleged to be delinquent is

43-5  taken into custody and detained, the child must be given a

43-6  detention hearing before the juvenile court:

43-7      (a) Not later than 24 hours after the child submits a written

43-8  application;

43-9      (b) In a county whose population is less than 100,000, not later

43-10  than 24 hours after the commencement of detention at a police

43-11  station, lockup, jail, prison or other facility in which adults are

43-12  detained or confined;

43-13     (c) In a county whose population is 100,000 or more, not later

43-14  than 6 hours after the commencement of detention at a police

43-15  station, lockup, jail, prison or other facility in which adults are

43-16  detained or confined; or

43-17     (d) Not later than 72 hours after the commencement of

43-18  detention at a facility in which adults are not detained or

43-19  confined,

43-20  whichever occurs first, excluding Saturdays, Sundays and

43-21  holidays.

43-22     2.  A child must not be released after a detention hearing

43-23  without the written consent of the juvenile court.

43-24     Sec. 115.  1.  Except as otherwise provided in this section, if

43-25  a child who is alleged to be in need of supervision is taken into

43-26  custody and detained, the child must be released not later than 24

43-27  hours, excluding Saturdays, Sundays and holidays, after the

43-28  child’s initial contact with a peace officer or probation officer to:

43-29     (a) A parent or guardian of the child;

43-30     (b) Any other person who is able to provide adequate care and

43-31  supervision for the child; or

43-32     (c) Shelter care.

43-33     2.  A child does not have to be released pursuant to

43-34  subsection 1 if the juvenile court:

43-35     (a) Holds a detention hearing;

43-36     (b) Determines that the child:

43-37         (1) Has threatened to run away from home or from the

43-38  shelter;

43-39         (2) Is accused of violent behavior at home; or

43-40         (3) Is accused of violating the terms of a supervision and

43-41  consent decree; and

43-42     (c) Determines that the child needs to be detained to make an

43-43  alternative placement for the child.

44-1  The child may be detained for an additional 24 hours but not more

44-2  than 48 hours after the detention hearing, excluding Saturdays,

44-3  Sundays and holidays.

44-4      3.  A child does not have to be released pursuant to this

44-5  section if the juvenile court:

44-6      (a) Holds a detention hearing; and

44-7      (b) Determines that the child:

44-8          (1) Is a ward of a federal court or held pursuant to a

44-9  federal statute;

44-10         (2) Has run away from another state and a jurisdiction

44-11  within that state has issued a want, warrant or request for the

44-12  child; or

44-13         (3) Is accused of violating a valid court order.

44-14  The child may be detained for an additional period as necessary

44-15  for the juvenile court to return the child to the jurisdiction from

44-16  which the child originated or to make an alternative placement for

44-17  the child.

44-18     4.  For the purposes of this section, an alternative placement

44-19  must be in a facility in which there are no physical restraining

44-20  devices or barriers.

44-21     Sec. 116.  1.  If a peace officer or probation officer has

44-22  probable cause to believe that a child is committing or has

44-23  committed an unlawful act that involves the possession, use or

44-24  threatened use of a firearm, the officer shall take the child into

44-25  custody.

44-26     2.  If a child is taken into custody for an unlawful act

44-27  described in this section, the child must not be released before a

44-28  detention hearing is held pursuant to section 114 of this act.

44-29     3.  At the detention hearing, the juvenile court shall determine

44-30  whether to order the child to be evaluated by a qualified

44-31  professional.

44-32     4.  If the juvenile court orders the child to be evaluated by a

44-33  qualified professional, the evaluation must be completed not later

44-34  than 14 days after the detention hearing. Until the evaluation is

44-35  completed, the child must be:

44-36     (a) Detained at a facility for the detention of children; or

44-37     (b) Placed under a program of supervision in the home of the

44-38  child that may include electronic surveillance of the child.

44-39     5.  If a child is evaluated by a qualified professional pursuant

44-40  to this section, the statements made by the child to the qualified

44-41  professional during the evaluation and any evidence directly or

44-42  indirectly derived from those statements may not be used for any

44-43  purpose in a proceeding which is conducted to prove that the child

44-44  committed a delinquent act or criminal offense. The provisions of

44-45  this subsection do not prohibit the district attorney from proving

45-1  that the child committed a delinquent act or criminal offense

45-2  based upon evidence obtained from sources or by means that are

45-3  independent of the statements made by the child to the qualified

45-4  professional during the evaluation.

45-5      Sec. 117.  1.  If a child is stopped by a peace officer for a

45-6  violation of any traffic law or ordinance which is punishable as a

45-7  misdemeanor, the peace officer may prepare and issue a traffic

45-8  citation pursuant to the same criteria as would apply to an adult

45-9  violator.

45-10     2.  If a child who is issued a traffic citation executes a written

45-11  promise to appear in court by signing the citation, the officer:

45-12     (a) Shall deliver a copy of the citation to the child; and

45-13     (b) Shall not take the child into physical custody for the

45-14  violation.

45-15     Sec. 118.  1.  Each proceeding conducted pursuant to the

45-16  provisions of this title:

45-17     (a) Is not criminal in nature.

45-18     (b) Must be heard separately from the trial of cases against

45-19  adults.

45-20     (c) Must be heard without a jury.

45-21     (d) May be conducted in an informal manner.

45-22     (e) May be held at a facility for the detention of children or

45-23  elsewhere at the discretion of the juvenile court.

45-24     (f) Does not require stenographic notes or any other transcript

45-25  of the proceeding unless ordered by the juvenile court.

45-26     2.  Except as otherwise provided in this subsection, each

45-27  proceeding conducted pursuant to the provisions of this title must

45-28  be open to the public. If the juvenile court determines that all or

45-29  part of the proceeding must be closed to the public because the

45-30  closure is in the best interests of the child or the public:

45-31     (a) The public must be excluded; and

45-32     (b) The juvenile court may order that only those persons who

45-33  have a direct interest in the case may be admitted. The juvenile

45-34  court may determine that a victim or any member of the victim’s

45-35  family is a person who has a direct interest in the case and may be

45-36  admitted.

45-37     Sec. 119.  1.  At the child’s first appearance at intake and

45-38  before the juvenile court, the child must be:

45-39     (a) Advised of his rights;

45-40     (b) Informed of the specific allegations in the petition; and

45-41     (c) Given an opportunity to admit or deny those allegations.

45-42     2.  If the child denies the allegations in the petition, the

45-43  juvenile court shall:

45-44     (a) Conduct an adjudicatory hearing concerning the

45-45  allegations; and

46-1      (b) Record its findings on whether the allegations have been

46-2  established.

46-3      3.  If the child is alleged to be in need of supervision, the

46-4  allegations in the petition must be established by a preponderance

46-5  of the evidence based upon competent, material and relevant

46-6  evidence.

46-7      4.  If the child is alleged to have committed a delinquent act,

46-8  the allegations in the petition must be established by proof beyond

46-9  a reasonable doubt based upon competent, material and relevant

46-10  evidence.

46-11     5.  If the juvenile court finds that the allegations in the

46-12  petition have not been established, the juvenile court shall dismiss

46-13  the petition and order that the child be discharged from any

46-14  facility for the detention of children or temporary care, unless

46-15  otherwise ordered by the juvenile court.

46-16     6.  If the juvenile court finds that the allegations in the

46-17  petition have been established, the juvenile court shall make a

46-18  proper disposition of the case.

46-19     Sec. 120.  1.  If a proceeding conducted pursuant to the

46-20  provisions of this title involves the placement of an Indian child

46-21  into foster care, the juvenile court shall:

46-22     (a) Cause the Indian child’s tribe to be notified in writing in

46-23  the manner provided in the Indian Child Welfare Act. If the

46-24  Indian child is eligible for membership in more than one tribe,

46-25  each tribe must be notified.

46-26     (b) Transfer the proceedings to the Indian child’s tribe in

46-27  accordance with the Indian Child Welfare Act or, if a tribe

46-28  declines or is unable to exercise jurisdiction, exercise jurisdiction

46-29  as provided in the Indian Child Welfare Act.

46-30     2.  If the juvenile court determines that the parent of an

46-31  Indian child for whom foster care is sought is indigent, the

46-32  juvenile court, as provided in the Indian Child Welfare Act:

46-33     (a) Shall appoint an attorney to represent the parent;

46-34     (b) May appoint an attorney to represent the Indian child; and

46-35     (c) May apply to the Secretary of the Interior for the payment

46-36  of the fees and expenses of such an attorney.

46-37     Sec. 121.  In a proceeding involving an Indian child, the

46-38  juvenile court shall give full faith and credit to the judicial

46-39  proceedings of an Indian tribe to the same extent that the Indian

46-40  tribe gives full faith and credit to the judicial proceedings of the

46-41  courts of this state.

46-42     Sec. 122.  1.  Upon the request of the district attorney, the

46-43  juvenile court may expedite any proceeding conducted pursuant to

46-44  the provisions of this title that involves an act committed against a

47-1  person who is less than 16 years of age or an act witnessed by a

47-2  person who is less than 16 years of age.

47-3      2.  In determining whether to expedite a proceeding, the

47-4  juvenile court may consider the effect that a delay in the

47-5  proceeding may have on the mental or emotional health or

47-6  well-being of the person who is less than 16 years of age.

47-7      Sec. 123.  1.  In each proceeding conducted pursuant to

47-8  the provisions of this title, the juvenile court may issue and, upon

47-9  the request of any party to the proceeding, the clerk of the court

47-10  shall issue subpoenas that require:

47-11     (a) The attendance and testimony of witnesses; and

47-12     (b) The production of records, documents or other tangible

47-13  objects.

47-14     2.  In each proceeding conducted pursuant to the provisions

47-15  of this title that involves a child who is alleged to be delinquent or

47-16  in need of supervision, the district attorney or the attorney for the

47-17  child may issue subpoenas pursuant to NRS 174.315 and 174.335

47-18  that require:

47-19     (a) The attendance and testimony of witnesses; and

47-20     (b) The production of records, documents or other tangible

47-21  objects.

47-22     Sec. 124.  1.  The juvenile court may continue any

47-23  proceeding conducted pursuant to the provisions of this title for a

47-24  reasonable period to receive oral and written reports or other

47-25  competent, material and relevant evidence that may be helpful in

47-26  determining the issues presented.

47-27     2.  If a proceeding involves an act committed against a person

47-28  who is less than 16 years of age or an act witnessed by a person

47-29  who is less than 16 years of age, the juvenile court:

47-30     (a) May consider any adverse effects that a continuance of the

47-31  proceeding may have on the mental or emotional health or

47-32  well-being of the person who is less than 16 years of age; and

47-33     (b) May deny a continuance of the proceeding if the delay will

47-34  adversely affect the mental or emotional health or well-being of

47-35  the person who is less than 16 years of age.

47-36     3.  If the juvenile court orders a continuance of a proceeding,

47-37  the juvenile court shall make an appropriate order for the

47-38  detention or temporary care of the child who is the subject of

47-39  the proceeding during the period of the continuance.

47-40     Sec. 125.  1.  In each proceeding conducted pursuant to the

47-41  provisions of this title, the juvenile court may:

47-42     (a) Receive all competent, material and relevant evidence that

47-43  may be helpful in determining the issues presented, including, but

47-44  not limited to, oral and written reports; and

47-45     (b) Rely on such evidence to the extent of its probative value.

48-1      2.  The juvenile court shall afford the parties and their

48-2  attorneys an opportunity to examine and controvert each written

48-3  report that is received into evidence and to cross-examine each

48-4  person who made the written report, when reasonably available.

48-5      Sec. 126.  1.  Except as otherwise provided in this section,

48-6  the juvenile court shall make its final disposition of a case not

48-7  later than 60 days after the date on which the petition in the case

48-8  was filed.

48-9      2.  The juvenile court may extend the time for final disposition

48-10  of a case if the juvenile court files an order setting forth specific

48-11  reasons for the extension:

48-12     (a) Not later than 60 days after the date on which the petition

48-13  in the case was filed; or

48-14     (b) Later than 60 days after the date on which the petition in

48-15  the case was filed, if the juvenile court finds that the extension

48-16  would serve the interests of justice. In determining whether an

48-17  extension would serve the interests of justice, the juvenile court

48-18  shall consider:

48-19         (1) The gravity of the act alleged in the case;

48-20         (2) The reasons for any delay in the disposition of the case;

48-21  and

48-22         (3) The potential consequences to the child, any victim and

48-23  the public of not extending the time for final disposition of the

48-24  case.

48-25     3.  The juvenile court shall not extend the time for final

48-26  disposition of a case beyond 1 year from the date on which the

48-27  petition in the case was filed.

48-28     Sec. 127.  1.  The prosecuting attorney shall disclose to the

48-29  victim of an act committed by a child the disposition of the child’s

48-30  case regarding that act if:

48-31     (a) The victim requests such a disclosure; or

48-32     (b) If the victim is less than 18 years of age, the parent or

48-33  guardian of the victim requests such a disclosure.

48-34     2.  All personal information pertaining to the victim or the

48-35  parent or guardian of the victim, including, but not limited to, a

48-36  current or former address, which is obtained by the prosecuting

48-37  attorney pursuant to this section, is confidential and must not be

48-38  used for a purpose other than that provided for in this section.

48-39     Sec. 128.  Appeals from the orders of the juvenile court may

48-40  be taken to the Supreme Court in the same manner as appeals in

48-41  civil cases are taken.

48-42     Sec. 129.  1.  If a child is prosecuted for an offense in a

48-43  juvenile proceeding, the child may not be prosecuted again for the

48-44  same offense in another juvenile proceeding or in a criminal

48-45  proceeding as an adult.

49-1      2.  For the purposes of this section:

49-2      (a) A child is prosecuted for an offense in a juvenile

49-3  proceeding if:

49-4          (1) The district attorney files a petition against the child

49-5  pursuant to the provisions of this title alleging that the child

49-6  committed a delinquent act; and

49-7          (2) The juvenile court accepts the child’s admission of the

49-8  facts alleged in the petition or, at an adjudicatory hearing to

49-9  determine culpability, the juvenile court begins to take evidence on

49-10  the facts alleged in the petition.

49-11     (b) An offense is the same offense if it is:

49-12         (1) The offense alleged in the petition; or

49-13         (2) An offense based upon the same conduct as that alleged

49-14  in the petition.

49-15     Sec. 130.  1.  If a parent or guardian of a child appears with

49-16  or on behalf of the child at a detention hearing, the juvenile court

49-17  shall provide to the parent or guardian a certificate of attendance

49-18  which the parent or guardian may provide to his employer.

49-19     2.  A certificate of attendance:

49-20     (a) Must set forth the date and time of appearance and the

49-21  provisions of section 132 of this act; and

49-22     (b) Must not set forth the name of the child or the offense

49-23  alleged.

49-24     Sec. 131.  1.  For any proceeding after the initial detention

49-25  hearing, written notice of the proceeding and a copy of the notice

49-26  which the parents and guardians may provide to their employers

49-27  must be provided to all parents and guardians of the child.

49-28     2.  The written notice of the proceeding and the copy of the

49-29  notice:

49-30     (a) Must set forth the date and time of the proceeding and the

49-31  provisions of section 132 of this act; and

49-32     (b) Must not set forth the name of the child or the offense

49-33  alleged.

49-34     3.  If the address or location of any parent or guardian of a

49-35  child is not immediately known when the proceeding is scheduled,

49-36  notice must be served pursuant to this section immediately upon

49-37  discovery of the address and location of the parent or guardian.

49-38     Sec. 132.  1.  If a parent or guardian of a child gives his

49-39  employer or an agent of the employer notice of an appearance

49-40  with or on behalf of the child in any court, it is unlawful for the

49-41  employer or the agent of the employer to:

49-42     (a) Terminate the employment of the parent or guardian, as a

49-43  consequence of his appearance or prospective appearance in

49-44  court; or

50-1      (b) Assert to the parent or guardian that his appearance or

50-2  prospective appearance in court will result in the termination of

50-3  his employment.

50-4      2.  Any employer or agent of an employer who violates the

50-5  provisions of subsection 1 is guilty of a misdemeanor.

50-6      3.  A parent or guardian who is discharged from employment

50-7  in violation of subsection 1 may commence a civil action against

50-8  his employer and obtain:

50-9      (a) Wages and benefits lost as a result of the violation;

50-10     (b) An order of reinstatement without loss of position, seniority

50-11  or benefits;

50-12     (c) Damages equal to the amount of the lost wages and

50-13  benefits; and

50-14     (d) Reasonable attorney’s fees fixed by the court.

50-15     4.  For the purposes of this section, notice is given:

50-16     (a) In the case of a detention hearing, when the parent or

50-17  guardian:

50-18         (1) Gives the employer or an agent of the employer oral

50-19  notice in advance of the hearing; and

50-20         (2) Provides the employer with a certificate of attendance

50-21  immediately upon return to employment.

50-22     (b) In the case of any hearing after the initial detention

50-23  hearing, when the parent or guardian gives the employer or an

50-24  agent of the employer, in advance of the hearing, the employer’s

50-25  copy of the written notice of the hearing.

50-26     Sec. 133.  Title 5 of NRS is hereby amended by adding thereto

50-27  a new chapter to consist of the provisions set forth as sections 134 to

50-28  177, inclusive, of this act.

50-29     Sec. 134.  Except as otherwise provided in sections 134 to

50-30  152, inclusive, of this act:

50-31     1.  The provisions of sections 134 to 152, inclusive, of this act

50-32  apply to the disposition of a case involving any child who is

50-33  adjudicated pursuant to the provisions of this title.

50-34     2.  In addition to any other orders or actions authorized or

50-35  required by the provisions of this title, if a child is adjudicated

50-36  pursuant to the provisions of this title:

50-37     (a) The juvenile court may issue any orders or take any actions

50-38  set forth in sections 134 to 152, inclusive, of this act that the

50-39  juvenile court deems proper for the disposition of the case; and

50-40     (b) If required by a specific statute, the juvenile court shall

50-41  issue the appropriate orders or take the appropriate actions set

50-42  forth in the statute.

50-43     Sec. 135.  1.  A child who is adjudicated pursuant to the

50-44  provisions of this title is not a criminal and any adjudication is not

51-1  a conviction, and a child may be charged with a crime or

51-2  convicted in a criminal proceeding only as provided in this title.

51-3      2.  Except as otherwise provided by specific statute, an

51-4  adjudication pursuant to the provisions of this title upon the status

51-5  of a child does not impose any of the civil disabilities ordinarily

51-6  resulting from conviction, and the disposition of a child or any

51-7  evidence given in the juvenile court must not be used to disqualify

51-8  the child in any future application for or appointment to the civil

51-9  service.

51-10     Sec. 136.  In determining whether to place a child in the

51-11  custody of a person other than a parent or guardian, the juvenile

51-12  court shall give preference to any person who is related to the

51-13  child within the third degree of consanguinity if the juvenile court

51-14  finds that the person is suitable and able to provide proper care

51-15  and guidance for the child.

51-16     Sec. 137.  In placing a child in the custody of a person or a

51-17  public or private institution or agency, the juvenile court shall

51-18  select, when practicable, a person or an institution or agency

51-19  governed by persons of:

51-20     1.  The same religious faith as that of the parents of the child;

51-21     2.  If the religious faiths of the parents differ, the religious

51-22  faith of the child; or

51-23     3.  If the religious faith of the child is not ascertainable, the

51-24  religious faith of either of the parents.

51-25     Sec. 138.  1.  Except as otherwise provided in this chapter,

51-26  the juvenile court may:

51-27     (a) Place a child in the custody of a suitable person for

51-28  supervision in the child’s own home or in another home; or

51-29     (b) Commit the child to the custody of a public or private

51-30  institution or agency authorized to care for children.

51-31     2.  If the juvenile court places the child under supervision in a

51-32  home:

51-33     (a) The juvenile court may impose such conditions as the

51-34  juvenile court deems proper; and

51-35     (b) The program of supervision in the home may include

51-36  electronic surveillance of the child.

51-37     3.  If the juvenile court commits the child to the custody of a

51-38  public or private institution or agency, the juvenile court shall

51-39  select one that is required to be licensed by:

51-40     (a) The Department of Human Resources to care for such

51-41  children; or

51-42     (b) If the institution or agency is in another state, the

51-43  analogous department of that state.

51-44     Sec. 139.  The juvenile court may permit a child to reside in a

51-45  residence without the immediate supervision of an adult, exempt

52-1  the child from mandatory attendance at school so that the child

52-2  may be employed full-time, or both, if the child:

52-3      1.  Is at least 16 years of age;

52-4      2.  Has demonstrated the capacity to benefit from this

52-5  placement or exemption; and

52-6      3.  Is under the strict supervision of the juvenile court.

52-7      Sec. 140.  1.  If the juvenile court commits a child to the

52-8  custody of a public or private institution or agency, the juvenile

52-9  court shall:

52-10     (a) Transmit a summary of its information concerning the

52-11  child to the institution or agency; and

52-12     (b) Order the administrator of the school that the child last

52-13  attended to transmit a copy of the child’s educational records to

52-14  the institution or agency.

52-15     2.  The institution or agency to which the child is committed

52-16  shall provide the juvenile court with any information concerning

52-17  the child that the juvenile court may require.

52-18     Sec. 141.  1.  If it has been admitted or determined that a

52-19  child is in need of supervision or in need of commitment to an

52-20  institution for the mentally retarded or the mentally ill and the

52-21  child has been or will be placed outside the home of the child by

52-22  court order:

52-23     (a) The juvenile court shall direct a probation officer or an

52-24  authorized agency to prepare for the juvenile court a study and a

52-25  written report concerning the child, the family of the child, the

52-26  environment of the child and other matters relevant to the need for

52-27  treatment or disposition of the case; and

52-28     (b) The agency which is charged with the care and custody of

52-29  the child or the agency which has the responsibility for

52-30  supervising the placement of the child shall file with the juvenile

52-31  court a plan which includes:

52-32         (1) The social history of the child and the family of the

52-33  child;

52-34         (2) The wishes of the child relating to the placement of the

52-35  child;

52-36         (3) A statement of the conditions which require

52-37  intervention by the juvenile court and whether the removal of the

52-38  child from the home of the child was a result of a judicial

52-39  determination that the child’s continuation in the home would be

52-40  contrary to the child’s welfare;

52-41         (4) A statement of the harm which the child is likely to

52-42  suffer as a result of the removal;

52-43         (5) A discussion of the efforts made by the agency to avoid

52-44  removing the child from the home of the child before the agency

52-45  placed the child in foster care;

53-1          (6) The special programs available to the parent or

53-2  guardian of the child which might prevent further harm to the

53-3  child and the reason that each program is likely to be useful, and

53-4  the overall plan of the agency to assure that the services are

53-5  available;

53-6          (7) A description of the type of home or institution in which

53-7  the child could be placed, a plan for assuring that the child would

53-8  receive proper care and a description of the needs of the child; and

53-9          (8) A description of the efforts made by the agency to

53-10  facilitate the return of the child to the home of the child or

53-11  permanent placement of the child.

53-12     2.  If there are indications that a child may be mentally

53-13  retarded or mentally ill, the juvenile court may order the child to

53-14  be examined at a suitable place by a physician, psychiatrist or

53-15  psychologist before a hearing on the merits of the petition. The

53-16  examinations made before a hearing or as part of the study

53-17  provided for in subsection 1 must be conducted without admission

53-18  to a hospital unless the juvenile court finds that placement in a

53-19  hospital or other appropriate facility is necessary.

53-20     3.  After a hearing, the juvenile court may order a parent or

53-21  guardian of the child to be examined by a physician, psychiatrist

53-22  or psychologist if:

53-23     (a) The ability of the parent or guardian to care for or

53-24  supervise the child is at issue before the juvenile court; and

53-25     (b) The parent or guardian consents to the examination.

53-26     Sec. 142.  1.  Except as otherwise provided in this section, if

53-27  the juvenile court places a child in a foster home or other similar

53-28  institution, the juvenile court shall review the placement at least

53-29  semiannually for the purpose of determining whether:

53-30     (a) Continued placement or supervision is in the best interests

53-31  of the child and the public; and

53-32     (b) The child is being treated fairly.

53-33     2.  In conducting the review, the juvenile court may:

53-34     (a) Require a written report from the child’s protective services

53-35  officer, welfare worker or other guardian of the child which

53-36  includes, but is not limited to, an evaluation of the progress of the

53-37  child and recommendations for further supervision, treatment or

53-38  rehabilitation.

53-39     (b) Request any information or statements that the juvenile

53-40  court deems necessary for the review.

53-41     3.  The juvenile court shall hold dispositional hearings not

53-42  later than 18 months after the review required by subsection 1,

53-43  and at least annually thereafter.

53-44     4.  The juvenile court shall hold each dispositional hearing to

53-45  determine whether:

54-1      (a) The child should be returned to his parent or guardian or

54-2  other relatives;

54-3      (b) The child’s placement in the foster home or other similar

54-4  institution should be continued;

54-5      (c) The child should be placed for adoption or under a legal

54-6  guardianship; or

54-7      (d) The child should remain in the foster home or other

54-8  similar institution on a long-term basis.

54-9      5.  The provisions of this section do not apply to the placement

54-10  of a child in the home of the child’s parent or parents.

54-11     6.  This section does not limit the power of the juvenile court

54-12  to order a review or similar proceeding under subsection 1 other

54-13  than semiannually.

54-14     7.  In determining the placement of the child pursuant to this

54-15  section, the juvenile court shall give preference to any person who

54-16  is related to the child within the third degree of consanguinity if

54-17  the juvenile court finds that the person is suitable and able to

54-18  provide proper care and guidance for the child.

54-19     Sec. 143.  1.  The juvenile court may:

54-20     (a) Order such medical, psychiatric, psychological or other

54-21  care and treatment for a child as the juvenile court deems to be in

54-22  the best interests of the child; and

54-23     (b) Cause the child to be examined by a physician, psychiatrist,

54-24  psychologist or other qualified person.

54-25     2.  If the child appears to be in need of medical, psychiatric,

54-26  psychological or other care or treatment:

54-27     (a) The juvenile court may order the parent or guardian of the

54-28  child to provide such care or treatment; and

54-29     (b) If, after due notice, the parent or guardian fails to provide

54-30  such care or treatment, the juvenile court may order that the child

54-31  be provided with the care or treatment. When approved by the

54-32  juvenile court, the expense of such care or treatment is a charge

54-33  upon the county, but the juvenile court may order the person

54-34  having the duty under the law to support the child to pay part or

54-35  all of the expenses of such care or treatment.

54-36     Sec. 144.  1.  The juvenile court may order the parent or

54-37  guardian of a child to refrain from engaging in or continuing any

54-38  conduct which the juvenile court believes has caused or tended to

54-39  cause the child to become subject to the jurisdiction of the juvenile

54-40  court.

54-41     2.  If the child is less than 18 years of age, the juvenile court

54-42  may order:

54-43     (a) The parent or guardian of the child; and

55-1      (b) Any sibling or other person who is living in the same

55-2  household as the child over whom the juvenile court has

55-3  jurisdiction,

55-4  to attend or participate in counseling, with or without the child,

55-5  including, but not limited to, counseling regarding parenting

55-6  skills, alcohol or substance abuse, or techniques of dispute

55-7  resolution.

55-8      Sec. 145.  1.  The juvenile court may order a child or the

55-9  parent or guardian of the child, or both, to perform community

55-10  service.

55-11     2.  If the juvenile court orders a child or the parent or

55-12  guardian of the child, or both, to perform community service

55-13  pursuant to the provisions of this title, the juvenile court may

55-14  order the child or the parent or guardian of the child, or both, to

55-15  deposit with the juvenile court a reasonable sum of money to pay

55-16  for the cost of a policy for insurance against liability for personal

55-17  injury and damage to property or for industrial insurance, or both,

55-18  during those periods in which the work is performed, unless, in

55-19  the case of industrial insurance, it is provided by the authority for

55-20  which the work is performed.

55-21     Sec. 146.  1.  The juvenile court may order that the driver’s

55-22  license of a child be suspended for at least 90 days but not more

55-23  than 2 years.

55-24     2.  If the child does not possess a driver’s license, the juvenile

55-25  court may prohibit the child from receiving a driver’s license for

55-26  at least 90 days but not more than 2 years:

55-27     (a) Immediately following the date of the order, if the child is

55-28  eligible to receive a driver’s license.

55-29     (b) After the date the child becomes eligible to apply for a

55-30  driver’s license, if the child is not eligible to receive a license on

55-31  the date of the order.

55-32     Sec. 147.  1.  If a child applies for a driver’s license, the

55-33  Department of Motor Vehicles shall:

55-34     (a) Notify the child of the provisions of this title that permit the

55-35  juvenile court to suspend or revoke the license of the child; and

55-36     (b) Require the child to sign an affidavit acknowledging that

55-37  the child is aware that his driver’s license may be suspended or

55-38  revoked pursuant to the provisions of this title.

55-39     2.  If the juvenile court issues an order delaying the ability of

55-40  a child to receive a driver’s license, not later than 5 days after

55-41  issuing the order the juvenile court shall forward to the

55-42  Department of Motor Vehicles a copy of the order.

55-43     3.  If the juvenile court issues an order suspending the

55-44  driver’s license of a child:

56-1      (a) The juvenile court shall order the child to surrender his

56-2  driver’s license to the juvenile court; and

56-3      (b) Not later than 5 days after issuing the order, the juvenile

56-4  court shall forward to the Department of Motor Vehicles a copy of

56-5  the order and the driver’s license of the child.

56-6      4.  If the juvenile court issues an order suspending the

56-7  driver’s license of a child, the Department of Motor Vehicles:

56-8      (a) Shall report the suspension of the driver’s license of

56-9  the child to an insurance company or its agent inquiring about

56-10  the child’s driving record, but such a suspension must not be

56-11  considered for the purpose of rating or underwriting.

56-12     (b) Shall not treat the suspension in the manner statutorily

56-13  required for moving traffic violations, unless the suspension

56-14  resulted from the child’s poor performance as a driver.

56-15     (c) Shall not require the child to submit to the tests and other

56-16  requirements which are adopted by regulation pursuant to

56-17  subsection 1 of NRS 483.495 as a condition of reinstatement or

56-18  reissuance after the suspension of a driver’s license, unless the

56-19  suspension resulted from the child’s poor performance as a driver.

56-20     Sec. 148.  1.  If a child has not previously been adjudicated

56-21  delinquent or in need of supervision and the unlawful act

56-22  committed by the delinquent child did not involve the use or

56-23  threatened use of force or violence against a victim, the juvenile

56-24  court may order a child to complete any or all of the following

56-25  programs:

56-26     (a) A program of cognitive training and human development

56-27  established pursuant to section 89 of this act.

56-28     (b) A program for the arts as described in section 88 of this

56-29  act.

56-30     (c) A program of sports or physical fitness as described in

56-31  section 88 of this act.

56-32     2.  If the juvenile court orders the child to participate in a

56-33  program of cognitive training and human development, a program

56-34  for the arts or a program of sports or physical fitness, the juvenile

56-35  court may order any or all of the following, in the following order

56-36  of priority if practicable:

56-37     (a) The child or the parent or guardian of the child, or both, to

56-38  the extent of their financial ability, to pay the costs associated with

56-39  the participation of the child in the program, including, but not

56-40  limited to, a reasonable sum of money to pay for the cost of

56-41  policies of insurance against liability for personal injury and

56-42  damage to property during those periods in which the child

56-43  participates in the program;

57-1      (b) The child to work on projects or perform community

57-2  service for a period that reflects the costs associated with the

57-3  participation of the child in the program; or

57-4      (c) The county in which the petition alleging the child to be in

57-5  need of supervision is filed to pay the costs associated with the

57-6  participation of the child in the program.

57-7      Sec. 149.  1.  If a court determines that a child who is

57-8  currently enrolled in school unlawfully caused or attempted to

57-9  cause serious bodily injury to another person, the court shall

57-10  provide the information specified in subsection 2 to the school

57-11  district in which the child is currently enrolled.

57-12     2.  The information required to be provided pursuant to

57-13  subsection 1 must include:

57-14     (a) The name of the child;

57-15     (b) A description of any injury sustained by the other person;

57-16     (c) A description of any weapon used by the child; and

57-17     (d) A description of any threats made by the child against the

57-18  other person before, during or after the incident in which the child

57-19  injured or attempted to injure the person.

57-20     Sec. 150.  1.  If the juvenile court imposes a fine against:

57-21     (a) A delinquent child pursuant to section 162 of this act;

57-22     (b) A child who has committed a minor traffic offense, except

57-23  an offense related to metered parking, pursuant to section 161 of

57-24  this act; or

57-25     (c) A child in need of supervision because the child is a

57-26  habitual truant pursuant to section 155 of this act,

57-27  the juvenile court shall order the child or the parent or guardian

57-28  of the child to pay an administrative assessment of $10 in addition

57-29  to the fine.

57-30     2.  The juvenile court shall state separately on its docket the

57-31  amount of money that the juvenile court collects for the

57-32  administrative assessment.

57-33     3.  If the child is found not to have committed the alleged act

57-34  or the charges are dropped, the juvenile court shall return to the

57-35  child or the parent or guardian of the child any money deposited

57-36  with the juvenile court for the administrative assessment.

57-37     4.  On or before the fifth day of each month for the preceding

57-38  month, the clerk of the court shall pay to the county treasurer the

57-39  money the juvenile court collects for administrative assessments.

57-40     5.  On or before the 15th day of each month, the county

57-41  treasurer shall deposit the money in the county general fund for

57-42  credit to a special account for the use of the county’s juvenile

57-43  court or for services to delinquent children.

57-44     Sec. 151.  The juvenile court may order the parent or

57-45  guardian of a child to pay, in whole or in part, for the costs related

58-1  to the proceedings involving the disposition of the case, including,

58-2  but not limited to:

58-3      1.  Reasonable attorney’s fees;

58-4      2.  Any costs incurred by the juvenile court; and

58-5      3.  Any costs incurred in investigating the acts committed by

58-6  the child and in taking the child into custody.

58-7      Sec. 152.  1.  Except as otherwise provided in this section,

58-8  the juvenile court may at any time modify or terminate any decree

58-9  or order that it has made.

58-10     2.  Except as otherwise provided in section 263 of this act,

58-11  before the juvenile court may modify or terminate an order

58-12  committing a child to the custody of the Division of Child and

58-13  Family Services, the juvenile court shall:

58-14     (a) Provide the Administrator of the Division of Child and

58-15  Family Services with written notice not later than 10 days before

58-16  modifying or terminating the order, unless the Administrator

58-17  waives the right to receive such notice; and

58-18     (b) Give due consideration to the effect that the modification

58-19  or termination of the order will have upon the child and the

58-20  programs of the Division of Child and Family Services.

58-21     Sec. 153.  1.  The provisions of this section and sections 154

58-22  and 155 of this act apply to the disposition of a case involving a

58-23  child who is adjudicated to be in need of supervision.

58-24     2.  If a child is adjudicated to be in need of supervision:

58-25     (a) The juvenile court may issue any orders or take any actions

58-26  set forth in this section and sections 154 and 155 of this act that

58-27  the juvenile court deems proper for the disposition of the case; and

58-28     (b) If required by a specific statute, the juvenile court shall

58-29  issue the appropriate orders or take the appropriate actions set

58-30  forth in the statute.

58-31     Sec. 154.  A child in need of supervision must not be

58-32  committed to or otherwise placed in a state facility for the

58-33  detention of children or any other facility that provides

58-34  correctional care.

58-35     Sec. 155.  1.  If a child is adjudicated to be in need of

58-36  supervision because the child is a habitual truant, the juvenile

58-37  court shall:

58-38     (a) The first time the child is adjudicated to be in need of

58-39  supervision because the child is a habitual truant:

58-40         (1) Order the child to:

58-41             (I) Pay a fine of not more than $100 and the

58-42  administrative assessment required by section 150 of this act; or

58-43             (II) Perform not less than 8 hours but not more than 16

58-44  hours of community service; and

59-1          (2) If the child is 14 years of age or older, order the

59-2  suspension of the driver’s license of the child for at least 30 days

59-3  but not more than 6 months. If the child does not possess a

59-4  driver’s license, the juvenile court shall prohibit the child from

59-5  applying for a driver’s license for 30 days:

59-6             (I) Immediately following the date of the order if the

59-7  child is eligible to apply for a driver’s license; or

59-8             (II) After the date the child becomes eligible to apply for

59-9  a driver’s license if the child is not eligible to apply for a driver’s

59-10  license.

59-11     (b) The second or any subsequent time the child is adjudicated

59-12  to be in need of supervision because the child is a habitual truant:

59-13         (1) Order the child to:

59-14             (I) Pay a fine of not more than $200 and the

59-15  administrative assessment required by section 150 of this act;

59-16             (II) Perform not more than 10 hours of community

59-17  service; or

59-18             (III) Comply with the requirements set forth in both

59-19  sub‑subparagraphs (I) and (II); and

59-20         (2) If the child is 14 years of age or older, order the

59-21  suspension of the driver’s license of the child for at least 60 days

59-22  but not more than 1 year. If the child does not possess a driver’s

59-23  license, the juvenile court shall prohibit the child from applying

59-24  for a driver’s license for 60 days:

59-25             (I) Immediately following the date of the order if the

59-26  child is eligible to apply for a driver’s license; or

59-27             (II) After the date the child becomes eligible to apply for

59-28  a driver’s license if the child is not eligible to apply for a driver’s

59-29  license.

59-30     2.  The juvenile court may suspend the payment of a fine

59-31  ordered pursuant to paragraph (a) of subsection 1 if the child

59-32  attends school for 60 consecutive school days after the imposition

59-33  of the fine, or has a valid excuse acceptable to his teacher or the

59-34  principal for any absence from school within that period.

59-35     3.  The community service ordered pursuant to this section

59-36  must be performed at the child’s school of attendance, if

59-37  practicable.

59-38     Sec. 156.  1.  The provisions of sections 156 to 177,

59-39  inclusive, of this act:

59-40     (a) Apply to the disposition of a case involving a child who is

59-41  adjudicated delinquent.

59-42     (b) Except as otherwise provided in section 161 of this act, do

59-43  not apply to the disposition of a case involving a child who is

59-44  found to have committed a minor traffic offense.

59-45     2.  If a child is adjudicated delinquent:

60-1      (a) The juvenile court may issue any orders or take any actions

60-2  set forth in sections 156 to 177, inclusive, of this act that the

60-3  juvenile court deems proper for the disposition of the case; and

60-4      (b) If required by a specific statute, the juvenile court shall

60-5  issue the appropriate orders or take the appropriate actions set

60-6  forth in the statute.

60-7      Sec. 157.  1.  If a delinquent child is less than 12 years of

60-8  age, the juvenile court shall not commit the child to a state facility

60-9  for the detention of children.

60-10     2.  If a delinquent child is 12 years of age or older, the

60-11  juvenile court shall not commit the child to a private institution

60-12  unless the commitment is approved by the superintendent of the

60-13  state facility for the detention of children to which the child would

60-14  otherwise have been committed.

60-15     Sec. 158.  1.  The juvenile court may commit a delinquent

60-16  child to the custody of the Division of Child and Family Services

60-17  for suitable placement if:

60-18     (a) The child is at least 8 years of age but less than 12 years of

60-19  age, and the juvenile court finds that the child is in need of

60-20  placement in a correctional or institutional facility; or

60-21     (b) The child is at least 12 years of age but less than 18 years

60-22  of age, and the juvenile court finds that the child:

60-23         (1) Is in need of placement in a correctional or institutional

60-24  facility; and

60-25         (2) Is in need of residential psychiatric services or other

60-26  residential services for his mental health.

60-27     2.  Before the juvenile court commits a delinquent child to the

60-28  custody of the Division of Child and Family Services, the juvenile

60-29  court shall:

60-30     (a) Notify the Division at least 3 working days before the

60-31  juvenile court holds a hearing to consider such a commitment;

60-32  and

60-33     (b) At the request of the Division, provide the Division with not

60-34  more than 10 working days within which to:

60-35         (1) Investigate the child and his circumstances; and

60-36         (2) Recommend a suitable placement to the juvenile court.

60-37     Sec. 159.  1.  Before the juvenile court commits a delinquent

60-38  child to the custody of the Division of Child and Family Services,

60-39  the juvenile court shall order that a physician conduct a physical

60-40  examination of the child, which includes a blood test, test for

60-41  tuberculosis, urinalysis and an examination for venereal disease.

60-42     2.  Not later than 5 days after the date on which the physical

60-43  examination is conducted, the physician shall make a written

60-44  report of the results of the physical examination to the clerk of the

60-45  court.

61-1      3.  Upon receipt of the written report:

61-2      (a) The clerk of the court shall immediately forward a copy of

61-3  the written report to the Administrator of the Division of Child and

61-4  Family Services; and

61-5      (b) The county auditor shall allow a claim for payment to the

61-6  physician for the physical examination.

61-7      Sec. 160.  1.  If the juvenile court commits a delinquent

61-8  child to the custody of the Division of Child and Family Services,

61-9  the juvenile court may order the parent or guardian of the child to

61-10  pay, in whole or in part, for the support of the child.

61-11     2.  If the juvenile court orders the parent or guardian of

61-12  the child to pay for the support of the child:

61-13     (a) The payments must be paid to the Administrator of the

61-14  Division of Child and Family Services; and

61-15     (b) The Administrator shall deposit the payments with the

61-16  State Treasurer for credit to a separate account in the State

61-17  General Fund. The Administrator may expend the money in

61-18  the separate account to carry out the powers and duties of the

61-19  Administrator and the Division of Child and Family Services.

61-20     Sec. 161.  1.  If a child is found to have committed a minor

61-21  traffic offense, the juvenile court may do any or all of the

61-22  following:

61-23     (a) Order the child to pay a fine. If the juvenile court orders

61-24  the child to pay a fine, the juvenile court shall order the child to

61-25  pay an administrative assessment pursuant to section 150 of this

61-26  act, unless the offense involved a violation of a law or ordinance

61-27  governing metered parking. If, because of financial hardship, the

61-28  child is unable to pay the fine, the juvenile court may order

61-29  the child to perform community service.

61-30     (b) Recommend to the Department of Motor Vehicles the

61-31  suspension of the driver’s license of the child.

61-32     (c) Order the child to attend and complete a traffic survival

61-33  course.

61-34     (d) Order the child or the parent or guardian of the child, or

61-35  both, to pay the reasonable cost for the child to attend the traffic

61-36  survival course.

61-37     (e) Order the child placed on probation and impose such

61-38  conditions as the juvenile court deems proper.

61-39     2.  The juvenile court shall forward to the Department of

61-40  Motor Vehicles, in the form required by NRS 483.450, a record

61-41  of the minor traffic offense, unless the offense involved a violation

61-42  of a law or ordinance governing standing or parking.

61-43     3.  As used in this section, “juvenile court” means:

61-44     (a) The juvenile court; or

62-1      (b) The justice’s court or municipal court if the juvenile court

62-2  has transferred the case and record to the justice’s court or

62-3  municipal court pursuant to section 52 of this act.

62-4      Sec. 162.  1.  The juvenile court may order a delinquent

62-5  child to pay a fine.

62-6      2.  If the juvenile court orders a delinquent child to pay a fine,

62-7  the juvenile court shall order the child to pay an administrative

62-8  assessment pursuant to section 150 of this act.

62-9      3.  If a delinquent child is less than 17 years of age, the

62-10  juvenile court may order the parent or guardian of the child to pay

62-11  any fines and penalties that the juvenile court imposes for the

62-12  unlawful act committed by the child.

62-13     4.  If, because of financial hardship, the parent or guardian is

62-14  unable to pay any fines and penalties that the juvenile court

62-15  imposes for the unlawful act committed by the child, the juvenile

62-16  court may order the parent or guardian to perform community

62-17  service.

62-18     Sec. 163.  The juvenile court may order any child who is:

62-19     1.  Less than 18 years of age and who has been adjudicated

62-20  delinquent and placed on probation by the juvenile court to be

62-21  placed in a facility for the detention of children for not more than

62-22  30 days for the violation of probation.

62-23     2.  At least 18 years of age but less than 21 years of age and

62-24  who has been placed on probation by the juvenile court to be

62-25  placed in a county jail for the violation of probation.

62-26     Sec. 164.  1.  The juvenile court may order a delinquent

62-27  child to participate in a program of visitation to the office of the

62-28  county coroner that is established pursuant to this section.

62-29     2.  In determining whether to order the child to participate in

62-30  such a program, the juvenile court shall consider whether the

62-31  unlawful act committed by the child involved the use or threatened

62-32  use of force or violence against himself or others or demonstrated

62-33  a disregard for the safety or well-being of himself or others.

62-34     3.  The juvenile court may establish a program of visitation to

62-35  the office of the county coroner in cooperation with the coroner of

62-36  the county pursuant to this section.

62-37     4.  Before a delinquent child may participate in a program of

62-38  visitation, the parent or guardian of the child must provide to the

62-39  juvenile court on a form provided by the juvenile court:

62-40     (a) Written consent for the child to participate in the program

62-41  of visitation; and

62-42     (b) An executed release of liability for any act or omission, not

62-43  amounting to gross negligence or willful misconduct of the

62-44  juvenile court, the county coroner, or any other person

62-45  administering or conducting a program of visitation, that causes

63-1  personal injury or illness of the child during the period in which

63-2  the child participates in the program of visitation.

63-3      5.  A program of visitation must include, but is not limited to:

63-4      (a) A visit to the office of the county coroner at times and

63-5  under circumstances determined by the county coroner.

63-6      (b) A course to instruct the child concerning:

63-7          (1) The consequences of his actions; and

63-8          (2) An awareness of his own mortality.

63-9      (c) An opportunity for each participant in a program of

63-10  visitation to evaluate each component of the program.

63-11     6.  The juvenile court may order the child, or the parent or

63-12  guardian of the child, or both, to pay a fee of not more than $45

63-13  based on the ability of the child or the parent or guardian of the

63-14  child, or both, to pay for the costs associated with the participation

63-15  of the child in the program of visitation.

63-16     7.  If the juvenile court establishes a program of visitation

63-17  pursuant to this section, the juvenile court shall, on or before

63-18  January 15 of each odd-numbered year, submit to the Director of

63-19  the Legislative Counsel Bureau for transmittal to the Legislature a

63-20  report regarding the effect of the program on the incidence of

63-21  juvenile crime and the rate of recidivism.

63-22     Sec. 165.  1.  Except as otherwise provided in section 166 of

63-23  this act, the juvenile court may order a delinquent child or the

63-24  parent or guardian of the child, or both:

63-25     (a) To provide restitution to the victim of any unlawful act

63-26  committed by the child; or

63-27     (b) To participate in a program designed to provide restitution

63-28  to a victim of any unlawful act committed by the child.

63-29     2.  The juvenile court may establish and administer programs

63-30  which are designed to provide restitution to victims of unlawful

63-31  acts committed by delinquent children.

63-32     Sec. 166.  1.  If a delinquent child has committed an

63-33  unlawful act that causes physical injury to a victim of the act, the

63-34  juvenile court shall order the child to provide restitution to the

63-35  victim for medical expenses incurred as a result of the act.

63-36     2.  If a delinquent child has committed an unlawful act that

63-37  damaged or destroyed property owned or possessed by another

63-38  person, the juvenile court shall order the child to provide

63-39  restitution to the person who owns or possesses the property.

63-40     3.  If the child is not able to provide restitution pursuant to

63-41  this section, the juvenile court shall order the parent or guardian

63-42  of the child to provide restitution, unless the juvenile court

63-43  determines that extenuating circumstances exist.

63-44     4.  If, because of financial hardship, a delinquent child or the

63-45  parent or guardian of the child, or both, are unable to provide

64-1  restitution pursuant to this section, the juvenile court shall order

64-2  the child or the parent or guardian of the child, or both, to

64-3  perform community service.

64-4      Sec. 167.  If the juvenile court orders a delinquent child or

64-5  the parent or guardian of the child, or both, to pay restitution:

64-6      1.  The juvenile court shall determine the amount of

64-7  restitution the child or parent or guardian of the child, or both,

64-8  must pay to the victim; and

64-9      2.  The juvenile court may order that the child or parent or

64-10  guardian of the child, or both, pay restitution in an amount that

64-11  equals the full amount of the loss incurred by the victim,

64-12  regardless of the amount of insurance coverage that exists for the

64-13  loss.

64-14     Sec. 168.  1.  The juvenile court may order a delinquent

64-15  child to participate in a program of restitution through work that

64-16  is established pursuant to section 91 of this act if the child:

64-17     (a) Is 14 years of age or older;

64-18     (b) Has never been adjudicated delinquent for an unlawful act

64-19  that involved the use or threatened use of force or violence against

64-20  a victim and has never been found to have committed such an

64-21  unlawful act in any other jurisdiction;

64-22     (c) Is ordered to provide restitution to a victim; and

64-23     (d) Voluntarily agrees to participate in the program of

64-24  restitution through work.

64-25     2.  If the juvenile court orders a child to participate in a

64-26  program of restitution through work, the juvenile court may order

64-27  any or all of the following, in the following order of priority if

64-28  practicable:

64-29     (a) The child or the parent or guardian of the child, or both, to

64-30  the extent of their financial ability, to pay the costs associated with

64-31  the participation of the child in the program, including, but not

64-32  limited to, a reasonable sum of money to pay for the cost of

64-33  policies of insurance against liability for personal injury and

64-34  damage to property or for industrial insurance, or both, during

64-35  those periods in which the child participates in the program or

64-36  performs work, unless, in the case of industrial insurance, it is

64-37  provided by the employer for which the child performs the work;

64-38  or

64-39     (b) The child to work on projects or perform community

64-40  service for a period that reflects the costs associated with the

64-41  participation of the child in the program.

64-42     Sec. 169.  If the juvenile court orders a delinquent child or

64-43  the parent or guardian of the child, or both, to pay restitution to a

64-44  victim of any unlawful act committed by the child, the victim is not

65-1  prohibited from bringing a civil action to recover damages

65-2  incurred as a result of the unlawful act.

65-3      Sec. 170.  1.  The juvenile court shall order a delinquent

65-4  child to undergo an evaluation to determine whether the child is

65-5  an abuser of alcohol or other drugs if the child committed:

65-6      (a) An unlawful act in violation of NRS 484.379 or 484.3795;

65-7      (b) The unlawful act of using, possessing, selling or

65-8  distributing a controlled substance; or

65-9      (c) The unlawful act of purchasing, consuming or possessing

65-10  an alcoholic beverage in violation of NRS 202.020.

65-11     2.  The evaluation of the child must be conducted by:

65-12     (a) An alcohol and drug abuse counselor who is licensed or

65-13  certified or an alcohol and drug abuse counselor intern who is

65-14  certified pursuant to chapter 641C of NRS to make that

65-15  classification; or

65-16     (b) A physician who is certified to make that classification by

65-17  the Board of Medical Examiners.

65-18     3.  The evaluation of the child may be conducted at an

65-19  evaluation center.

65-20     4.  The person who conducts the evaluation of the child shall

65-21  report to the juvenile court the results of the evaluation and make

65-22  a recommendation to the juvenile court concerning the length and

65-23  type of treatment required for the child.

65-24     5.  The juvenile court shall:

65-25     (a) Order the child to undergo a program of treatment as

65-26  recommended by the person who conducts the evaluation of the

65-27  child.

65-28     (b) Require the treatment facility to submit monthly reports on

65-29  the treatment of the child pursuant to this section.

65-30     (c) Order the child or the parent or guardian of the child, or

65-31  both, to the extent of their financial ability, to pay any charges

65-32  relating to the evaluation and treatment of the child pursuant to

65-33  this section. If the child or the parent or guardian of the child, or

65-34  both, do not have the financial resources to pay all those charges:

65-35         (1) The juvenile court shall, to the extent possible, arrange

65-36  for the child to receive treatment from a treatment facility which

65-37  receives a sufficient amount of federal or state money to offset the

65-38  remainder of the costs; and

65-39         (2) The juvenile court may order the child, in lieu of paying

65-40  the charges relating to his evaluation and treatment, to perform

65-41  community service.

65-42     6.  After a treatment facility has certified a child’s successful

65-43  completion of a program of treatment ordered pursuant to this

65-44  section, the treatment facility is not liable for any damages to

65-45  person or property caused by a child who:

66-1      (a) Drives, operates or is in actual physical control of a vehicle

66-2  or a vessel under power or sail while under the influence of

66-3  intoxicating liquor or a controlled substance; or

66-4      (b) Engages in any other conduct prohibited by NRS 484.379,

66-5  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420

66-6  or a law of any other jurisdiction that prohibits the same or similar

66-7  conduct.

66-8      7.  The provisions of this section do not prohibit the juvenile

66-9  court from:

66-10     (a) Requiring an evaluation to be conducted by a person who

66-11  is employed by a private company if the company meets the

66-12  standards of the Health Division of the Department of Human

66-13  Resources. The evaluation may be conducted at an evaluation

66-14  center.

66-15     (b) Ordering the child to attend a program of treatment which

66-16  is administered by a private company.

66-17     8.  All information relating to the evaluation or treatment of a

66-18  child pursuant to this section is confidential and, except as

66-19  otherwise authorized by the provisions of this title or the juvenile

66-20  court, must not be disclosed to any person other than:

66-21     (a) The juvenile court;

66-22     (b) The child;

66-23     (c) The attorney for the child, if any;

66-24     (d) The parents or guardian of the child;

66-25     (e) The district attorney; and

66-26     (f) Any other person for whom the communication of that

66-27  information is necessary to effectuate the evaluation or treatment

66-28  of the child.

66-29     9.  A record of any finding that a child has violated the

66-30  provisions of NRS 484.379 or 484.3795 must be included in

66-31  the driver’s record of that child for 7 years after the date of the

66-32  offense.

66-33     Sec. 171.  1.  Except as otherwise provided in this section, if

66-34  a child is adjudicated delinquent for the unlawful act of using,

66-35  possessing, selling or distributing a controlled substance, or

66-36  purchasing, consuming or possessing an alcoholic beverage in

66-37  violation of NRS 202.020, the juvenile court shall:

66-38     (a) If the child possesses a driver’s license, issue an order

66-39  suspending the driver’s license of the child for at least 90 days but

66-40  not more than 2 years; or

66-41     (b)  If the child does not possess a driver’s license and the

66-42  child is or will be eligible to receive a driver’s license within the 2

66-43  years immediately following the date of the order, issue an order

66-44  prohibiting the child from receiving a driver’s license for a period

67-1  specified by the juvenile court which must be at least 90 days but

67-2  not more than 2 years:

67-3          (1) Immediately following the date of the order, if the child

67-4  is eligible to receive a driver’s license; or

67-5          (2) After the date the child will be eligible to receive a

67-6  driver’s license, if the child is not eligible to receive a license on

67-7  the date of the order.

67-8      2.  If the child is already the subject of a court order

67-9  suspending or delaying the issuance of his driver’s license, the

67-10  juvenile court shall order the additional suspension or delay, as

67-11  appropriate, to apply consecutively with the previous order.

67-12     Sec. 172.  1.  If a child is adjudicated delinquent for an

67-13  unlawful act in violation of NRS 484.379 or 484.3795, the juvenile

67-14  court shall, if the child possesses a driver’s license:

67-15     (a) Issue an order revoking the driver’s license of the child for

67-16  90 days and requiring the child to surrender his driver’s license to

67-17  the juvenile court; and

67-18     (b) Not later than 5 days after issuing the order, forward to the

67-19  Department of Motor Vehicles a copy of the order and the driver’s

67-20  license of the child.

67-21     2.  The Department of Motor Vehicles shall order the child to

67-22  submit to the tests and other requirements which are adopted by

67-23  regulation pursuant to subsection 1 of NRS 483.495 as a condition

67-24  of reinstatement of the driver’s license of the child.

67-25     3.  If the child is adjudicated delinquent for a subsequent

67-26  unlawful act in violation of NRS 484.379 or 484.3795, the juvenile

67-27  court shall order an additional period of revocation to apply

67-28  consecutively with the previous order.

67-29     4.  The juvenile court may authorize the Department of Motor

67-30  Vehicles to issue a restricted driver’s license pursuant to NRS

67-31  483.490 to a child whose driver’s license is revoked pursuant to

67-32  this section.

67-33     Sec. 173.  1.  If a child is adjudicated delinquent because the

67-34  child handled or possessed a firearm or had a firearm under his

67-35  control in violation of NRS 202.300, the juvenile court shall:

67-36     (a) For the first offense:

67-37         (1) Order the child to perform 200 hours of community

67-38  service; and

67-39         (2) Issue an order suspending the driver’s license of the

67-40  child for not more than 1 year or, if the child does not possess a

67-41  driver’s license, prohibit the child from receiving a driver’s license

67-42  for not more than 1 year:

67-43             (I) Immediately following the date of the order, if the

67-44  child is eligible to receive a driver’s license.

68-1             (II) After the date the child becomes eligible to receive a

68-2  driver’s license, if the child is not eligible to receive a license on

68-3  the date of the order.

68-4      (b) For the second offense:

68-5          (1) Order the child to perform at least 200 hours but not

68-6  more than 600 hours of community service; and

68-7          (2) Issue an order suspending the driver’s license of the

68-8  child for at least 90 days but not more than 2 years or, if the child

68-9  does not possess a driver’s license, prohibit the child from

68-10  receiving a driver’s license for at least 90 days but not more than

68-11  2 years:

68-12             (I) Immediately following the date of the order, if the

68-13  child is eligible to receive a driver’s license.

68-14             (II) After the date the child becomes eligible to receive a

68-15  driver’s license, if the child is not eligible to receive a license on

68-16  the date of the order.

68-17     2.  If the child is already the subject of a court order

68-18  suspending or delaying the issuance of his driver’s license, the

68-19  juvenile court shall order an additional suspension or delay, as

68-20  appropriate, to apply consecutively with the previous order.

68-21     Sec. 174.  If a child is adjudicated delinquent because the

68-22  child handled or possessed a firearm or had a firearm under his

68-23  control in violation of NRS 202.300, the juvenile court shall:

68-24     1.  Order that any license to hunt issued to the child pursuant

68-25  to chapter 502 of NRS must be revoked by the Division of Wildlife

68-26  of the State Department of Conservation and Natural Resources;

68-27     2.  Order that the child must not receive a license to hunt

68-28  within the 2 years immediately following the date of the order or

68-29  until the child is 18 years of age, whichever is later;

68-30     3.  Order the child to surrender to the juvenile court any

68-31  license to hunt then held by the child; and

68-32     4.  Not later than 5 days after issuing the order, forward to the

68-33  Division of Wildlife any license to hunt surrendered by the child

68-34  and a copy of the order.

68-35     Sec. 175.  1.  In determining the appropriate disposition of a

68-36  case of a delinquent child, the juvenile court shall consider

68-37  whether the unlawful act committed by the child involved the use

68-38  of a firearm or the use or threatened use of force or violence

68-39  against the victim of the act.

68-40     2.  If the juvenile court finds that the act committed by the

68-41  child involved the use of a firearm or the use or threatened use of

68-42  force or violence against the victim, the juvenile court shall

68-43  include the finding in its order and may:

69-1      (a) Commit the child for confinement in a secure facility for

69-2  the detention of children, including a facility which is secured by

69-3  its staff.

69-4      (b) Impose any other punitive measures that the juvenile court

69-5  determines to be in the best interests of the public or the child.

69-6      Sec. 176.  1.  If a child is adjudicated delinquent for an

69-7  unlawful act that involves cruelty to or torture of an animal, the

69-8  juvenile court shall order the child to participate in counseling or

69-9  other psychological treatment.

69-10     2.  The juvenile court shall order the child or the parent or

69-11  guardian of the child, or both, to the extent of their financial

69-12  ability, to pay the cost of the child to participate in the counseling

69-13  or other psychological treatment.

69-14     3.  As used in this section:

69-15     (a) “Animal” does not include the human race, but includes

69-16  every other living creature.

69-17     (b) “Torture” or “cruelty” includes every act, omission or

69-18  neglect, whereby unjustifiable physical pain, suffering or death is

69-19  caused or permitted.

69-20     Sec. 177.  1.  Except as otherwise provided in this section, if

69-21  a child is adjudicated delinquent for the unlawful act of placing

69-22  graffiti on or otherwise defacing public or private property owned

69-23  or possessed by another person in violation of NRS 206.125 or

69-24  206.330, the juvenile court may:

69-25     (a) If the child possesses a driver’s license, issue an order

69-26  suspending the driver’s license of the child for at least 90 days but

69-27  not more than 2 years; or

69-28     (b) If the child does not possess a driver’s license and the child

69-29  is or will be eligible to receive a driver’s license within the 2 years

69-30  immediately following the date of the order, issue an order

69-31  prohibiting the child from receiving a driver’s license for a period

69-32  specified by the juvenile court which must be at least 90 days but

69-33  not more than 2 years:

69-34         (1) Immediately following the date of the order, if the child

69-35  is eligible to receive a driver’s license; or

69-36         (2) After the date the child will be eligible to receive a

69-37  driver’s license, if the child is not eligible to receive a license on

69-38  the date of the order.

69-39     2.  If the child is already the subject of a court order

69-40  suspending or delaying the issuance of his driver’s license, the

69-41  juvenile court shall order the additional suspension or delay, as

69-42  appropriate, to apply consecutively with the previous order.

 

 

70-1      Sec. 178.  Title 5 of NRS is hereby amended by adding thereto

70-2  a new chapter to consist of the provisions set forth as sections 179 to

70-3  192, inclusive, of this act.

70-4      Sec. 179.  1.  If a child is adjudicated delinquent for an

70-5  unlawful act that, if committed by an adult, would have constituted

70-6  kidnapping in the first or second degree, false imprisonment,

70-7  burglary or invasion of the home, the juvenile court shall, at the

70-8  request of the district attorney, conduct a separate hearing to

70-9  determine whether the act was sexually motivated.

70-10     2.  At the hearing, only evidence concerning the question of

70-11  whether the unlawful act was sexually motivated may be

70-12  presented.

70-13     3.  After hearing the evidence, the juvenile court shall

70-14  determine whether the unlawful act was sexually motivated and

70-15  shall enter its finding in the record.

70-16     4.  For the purposes of this section, an unlawful act is

70-17  “sexually motivated” if one of the purposes for which the child

70-18  committed the unlawful act was his sexual gratification.

70-19     Sec. 180.  As used in sections 180 to 185, inclusive, of this

70-20  act, unless the context otherwise requires, “sexual offense”

70-21  means:

70-22     1.  Sexual assault pursuant to NRS 200.366;

70-23     2.  Battery with intent to commit sexual assault pursuant to

70-24  NRS 200.400;

70-25     3.  An offense involving pornography and a minor pursuant to

70-26  NRS 200.710 to 200.730, inclusive;

70-27     4.  Open or gross lewdness pursuant to NRS 201.210, if

70-28  punishable as a felony;

70-29     5.  Indecent or obscene exposure pursuant to NRS 201.220, if

70-30  punishable as a felony;

70-31     6.  Lewdness with a child pursuant to NRS 201.230;

70-32     7.  Sexual penetration of a dead human body pursuant to

70-33  NRS 201.450;

70-34     8.  Annoyance or molestation of a minor pursuant to NRS

70-35  207.260, if punishable as a felony; or

70-36     9.  An attempt to commit an offense listed in this section, if

70-37  punishable as a felony.

70-38     Sec. 181.  1.  In addition to any other action authorized or

70-39  required pursuant to the provisions of this title and except as

70-40  otherwise provided in section 185 of this act, if a child is

70-41  adjudicated delinquent for an unlawful act that would have been a

70-42  sexual offense if committed by an adult or is adjudicated

70-43  delinquent for a sexually motivated act, the juvenile court shall:

71-1      (a) Place the child under the supervision of a probation officer

71-2  or parole officer, as appropriate, for a period of not less than 3

71-3  years.

71-4      (b) Except as otherwise provided in sections 183 and 184 of

71-5  this act, prohibit the child from attending a public school or

71-6  private school that a victim of the sexual offense or the sexually

71-7  motivated act is attending for the period ordered by the juvenile

71-8  court pursuant to paragraph (a).

71-9      (c) Order the parent or guardian of the child to inform the

71-10  probation officer or parole officer, as appropriate, assigned to the

71-11  child each time the child expects to change the public school or

71-12  private school that the child is attending, not later than 20 days

71-13  before the expected date of the change.

71-14     (d) Order the parent or guardian of the child, to the extent of

71-15  his financial ability, to reimburse all or part of the additional costs

71-16  of transporting the child, if the costs are incurred by a county

71-17  school district pursuant to NRS 392.251 to 392.271, inclusive.

71-18     (e) Inform the parent or guardian of the child of the

71-19  requirements of sections 180 to 185, inclusive, of this act and NRS

71-20  392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.

71-21     2.  The juvenile court may authorize a superintendent of a

71-22  county school district or the executive head of a private school

71-23  who receives notification from a probation officer or parole

71-24  officer, as appropriate, pursuant to section 182 of this act to

71-25  inform other appropriate educational personnel that the child has

71-26  been adjudicated delinquent for a sexual offense or a sexually

71-27  motivated act.

71-28     3.  Except as otherwise provided in section 185 of this act,

71-29  the juvenile court may not terminate its jurisdiction concerning

71-30  the child for the purposes of carrying out the provisions of

71-31  sections 180 to 185, inclusive, of this act for the period ordered by

71-32  the juvenile court pursuant to paragraph (a) of subsection 1.

71-33     Sec. 182. 1.  If a child has been adjudicated delinquent for

71-34  a sexual offense or a sexually motivated act, the probation officer

71-35  or parole officer, as appropriate, assigned to the child shall

71-36  provide notice that the child has been adjudicated delinquent for a

71-37  sexual offense or a sexually motivated act to:

71-38     (a) The superintendent of the county school district in which

71-39  the child resides; or

71-40     (b) If the child is attending a private school within this state,

71-41  the executive head of the private school.

71-42     2.  If the probation officer or parole officer, as appropriate,

71-43  assigned to the child is informed by the parent or guardian of the

71-44  child that the child expects to change the public school or private

71-45  school that the child is attending or if the probation officer or

72-1  parole officer otherwise becomes aware of such a change, the

72-2  probation officer or parole officer shall provide notification that

72-3  the child has been adjudicated delinquent for a sexual offense or a

72-4  sexually motivated act to:

72-5      (a) The superintendent of the county school district in which

72-6  the child is or will be residing; or

72-7      (b) If the child is or will be attending a private school within

72-8  this state, the executive head of the private school.

72-9      3.  Notification provided pursuant to this section must include

72-10  the name of each victim of a sexual offense or a sexually

72-11  motivated act committed by the child if the victim is attending a

72-12  public school or private school within this state.

72-13     Sec. 183.  1.  The juvenile court may permit a child who has

72-14  been adjudicated delinquent for a sexual offense or a sexually

72-15  motivated act to attend a public school or private school that a

72-16  victim of the sexual offense or the sexually motivated act is

72-17  attending if, upon the request of the child, the superintendent of

72-18  the county school district or the executive head of the private

72-19  school:

72-20     (a) The juvenile court develops and approves an alternative

72-21  plan of supervision for the child that protects the safety and the

72-22  interests of the victim;

72-23     (b) The victim and the parent or guardian of the victim

72-24  consent, in writing, to the plan;

72-25     (c) The superintendent of the county school district or the

72-26  executive head of the private school consents, in writing, to

72-27  the plan; and

72-28     (d) The child and the parent or guardian of the child agree, in

72-29  writing, to comply with the conditions of the plan.

72-30     2.  As part of an alternative plan of supervision, the juvenile

72-31  court shall impose reasonable conditions on the child and, if

72-32  necessary to facilitate the alternative plan, on the parent or

72-33  guardian of the child. The conditions must be designed to protect

72-34  the safety and the interests of the victim and to ensure that the

72-35  child complies with the plan.

72-36     3.  Upon its own motion or upon a request from the district

72-37  attorney, the victim, the parent or guardian of the victim or the

72-38  probation officer or parole officer, as appropriate, assigned to

72-39  the child, the juvenile court may modify or rescind the alternative

72-40  plan of supervision or a condition of the alternative plan after

72-41  providing notice and an opportunity to be heard to the child, the

72-42  parent or guardian of the child, the district attorney and the

72-43  parties who consented to the alternative plan. If a proposed

72-44  modification is reasonably likely to increase contact between

72-45  the victim and the child, the juvenile court may not make the

73-1  modification without the written consent of the victim and the

73-2  parent or guardian of the victim. If the juvenile court rescinds

73-3   the alternative plan of supervision, the child is subject to the

73-4  provisions of sections 180 to 185, inclusive, of this act as if

73-5  the alternative plan had not existed.

73-6      4.  Before the juvenile court accepts the written consent of the

73-7  victim and the parent or guardian of the victim pursuant to this

73-8  section, the juvenile court shall inform them of their right to

73-9  withhold consent and, except as otherwise provided in section 184

73-10  of this act, their right to have the child not attend the public school

73-11  or private school the victim is attending.

73-12     Sec. 184.  1.  If the juvenile court does not approve an

73-13  alternative plan of supervision pursuant to section 183 of this act

73-14  for a child who has been adjudicated delinquent for a sexual

73-15  offense or a sexually motivated act, the superintendent of the

73-16  county school district or the executive head of the private school

73-17  may request that the juvenile court approve an alternative plan of

73-18  attendance for the child.

73-19     2.  An alternative plan of attendance:

73-20     (a) Must be designed to prevent contact between the victim and

73-21  the child during school hours and during extracurricular activities

73-22  conducted on school grounds; and

73-23     (b) Must not interfere with or alter the schedule of classes or

73-24  the extracurricular activities of the victim.

73-25     3.  Before approving an alternative plan of attendance, the

73-26  juvenile court shall provide notice and an opportunity to be heard

73-27  to the child, the parent or guardian of the child, the district

73-28  attorney, the victim and the parent or guardian of the victim.

73-29     4.  If the juvenile court approves an alternative plan of

73-30  attendance, the district attorney, the victim or the parent or

73-31  guardian of the victim may petition the juvenile court to modify or

73-32  rescind the alternative plan on the basis that:

73-33     (a) The alternative plan is not protecting the safety or the

73-34  interests of the victim; or

73-35     (b) The child or the public school or private school is not

73-36  complying with the alternative plan.

73-37     5.  Upon receiving a petition to modify or rescind an

73-38  alternative plan of attendance, the juvenile court may modify or

73-39  rescind the alternative plan after providing notice and an

73-40  opportunity to be heard to the child, the parent or guardian of the

73-41  child, the district attorney, the victim, the parent or guardian of

73-42  the victim and the superintendent of the county school district or

73-43  the executive head of the private school.

74-1      6.  If the juvenile court rescinds the alternative plan of

74-2  attendance, the child is subject to the provisions of sections 180 to

74-3  185, inclusive, of this act as if the alternative plan had not existed.

74-4      Sec. 185.  1.  A probation officer or parole officer, as

74-5  appropriate, assigned to a child who is subject to the provisions of

74-6  sections 180 to 185, inclusive, of this act may submit a petition to

74-7  the juvenile court requesting that the court terminate the

74-8  applicability of the provisions of sections 180 to 185, inclusive, of

74-9  this act with respect to the child if:

74-10     (a) At the time the child committed the sexual offense or the

74-11  sexually motivated act for which the child was adjudicated

74-12  delinquent, the child and the victim of the sexual offense or

74-13  sexually motivated act were members of the same family or

74-14  household;

74-15     (b) The child has complied with the terms and conditions of

74-16  his probation or parole, including, but not limited to, the

74-17  completion of any counseling in which the child was ordered to

74-18  participate;

74-19     (c) The child’s counselor recommends, in writing, that the

74-20  juvenile court terminate the applicability of the provisions of

74-21  sections 180 to 185, inclusive, of this act with respect to the child

74-22  to allow the reunification of the family or household; and

74-23     (d) The victim and the parent or guardian of the victim

74-24  consent, in writing, to the termination of the applicability of the

74-25  provisions of sections 180 to 185, inclusive, of this act with respect

74-26  to the child to allow the reunification of the family or household.

74-27     2.  If the juvenile court grants a petition requested pursuant to

74-28  this section, the juvenile court shall provide written notice to the

74-29  public school or private school which the child is attending that

74-30  the juvenile court has terminated the applicability of the

74-31  provisions of sections 180 to 185, inclusive, of this act with respect

74-32  to the child.

74-33     Sec. 186.  As used in sections 186 to 192, inclusive, of this act

74-34  unless the context otherwise requires, “sexual offense” means:

74-35     1.  Sexual assault pursuant to NRS 200.366;

74-36     2.  Battery with intent to commit sexual assault pursuant to

74-37  NRS 200.400;

74-38     3.  An offense involving pornography and a minor pursuant to

74-39  NRS 200.710 or 200.720;

74-40     4.  Lewdness with a child pursuant to NRS 201.230; or

74-41     5.  An attempt to commit an offense listed in this section.

74-42     Sec. 187.  Except as otherwise provided in subsection 2 of

74-43  section 192 of this act, the provisions of sections 186 to 192,

74-44  inclusive, of this act do not apply to a child who is subject to

75-1  registration and community notification pursuant to NRS

75-2  179D.350 to 179D.800, inclusive, before reaching 21 years of age.

75-3      Sec. 188.  1.  In addition to any other action authorized or

75-4  required pursuant to the provisions of this title, if a child is

75-5  adjudicated delinquent for an unlawful act that would have been a

75-6  sexual offense if committed by an adult or is adjudicated

75-7  delinquent for a sexually motivated act, the juvenile court shall:

75-8      (a) Notify the Attorney General of the adjudication, so the

75-9  Attorney General may arrange for the assessment of the risk of

75-10  recidivism of the child pursuant to the guidelines and procedures

75-11  for community notification;

75-12     (b) Place the child under the supervision of a probation officer

75-13  or parole officer, as appropriate, for a period of not less than 3

75-14  years;

75-15     (c) Inform the child and the parent or guardian of the child

75-16  that the child is subject to community notification as a juvenile sex

75-17  offender and may be subject to registration and community

75-18  notification as an adult sex offender pursuant to section 191 of

75-19  this act; and

75-20     (d) Order the child, and the parent or guardian of the child

75-21  during the minority of the child, while the child is subject to

75-22  community notification as a juvenile sex offender, to inform the

75-23  probation officer or parole officer, as appropriate, assigned to the

75-24  child of a change of the address at which the child resides not

75-25  later than 48 hours after the change of address.

75-26     2.  The juvenile court may not terminate its jurisdiction

75-27  concerning the child for the purposes of carrying out the

75-28  provisions of sections 186 to 192, inclusive, of this act until the

75-29  child is no longer subject to community notification as a juvenile

75-30  sex offender pursuant to sections 186 to 192, inclusive, of this act.

75-31     Sec. 189.  1.  If a child has been adjudicated delinquent for

75-32  a sexual offense or a sexually motivated act, the probation officer

75-33  or parole officer, as appropriate, assigned to the child shall notify

75-34  the local law enforcement agency in whose jurisdiction the child

75-35  resides that the child:

75-36     (a) Has been adjudicated delinquent for a sexual offense or a

75-37  sexually motivated act; and

75-38     (b) Is subject to community notification as a juvenile sex

75-39  offender.

75-40     2.  If the probation officer or parole officer, as appropriate,

75-41  assigned to the child is informed by the child or the parent or

75-42  guardian of the child that the child has changed the address at

75-43  which the child resides or if the probation officer or parole officer

75-44  otherwise becomes aware of such a change, the probation officer

75-45  or parole officer shall notify:

76-1      (a) The local law enforcement agency in whose jurisdiction the

76-2  child last resided that the child has moved; and

76-3      (b) The local law enforcement agency in whose jurisdiction the

76-4  child is now residing that the child:

76-5          (1) Has been adjudicated delinquent for a sexual offense or

76-6  a sexually motivated act; and

76-7          (2) Is subject to community notification as a juvenile sex

76-8  offender.

76-9      Sec. 190.  1.  If a child who has been adjudicated delinquent

76-10  for a sexual offense or a sexually motivated act has not previously

76-11  been relieved of being subject to community notification as a

76-12  juvenile sex offender, the juvenile court may, at any appropriate

76-13  time, hold a hearing to determine whether the child should be

76-14  relieved of being subject to community notification as a juvenile

76-15  sex offender.

76-16     2.  If the juvenile court determines at the hearing that the

76-17  child has been rehabilitated to the satisfaction of the juvenile court

76-18  and that the child is not likely to pose a threat to the safety of

76-19  others, the juvenile court may relieve the child of being subject to

76-20  community notification as a juvenile sex offender.

76-21     Sec. 191.  Except as otherwise provided in sections 186 to

76-22  192, inclusive, of this act:

76-23     1.  If a child who has been adjudicated delinquent for a sexual

76-24  offense or a sexually motivated act is not relieved of being subject

76-25  to community notification as a juvenile sex offender before the

76-26  child reaches 21 years of age, the juvenile court shall hold a

76-27  hearing when the child reaches 21 years of age to determine

76-28  whether the child should be deemed an adult sex offender for the

76-29  purposes of registration and community notification pursuant to

76-30  NRS 179D.350 to 179D.800, inclusive.

76-31     2.  If the juvenile court determines at the hearing that the

76-32  child has been rehabilitated to the satisfaction of the juvenile court

76-33  and that the child is not likely to pose a threat to the safety of

76-34  others, the juvenile court shall relieve the child of being subject to

76-35  community notification.

76-36     3.  If the juvenile court determines at the hearing that the

76-37  child has not been rehabilitated to the satisfaction of the juvenile

76-38  court or that the child is likely to pose a threat to the safety of

76-39  others, the juvenile court shall deem the child to be an adult sex

76-40  offender for the purposes of registration and community

76-41  notification pursuant to NRS 179D.350 to 179D.800, inclusive.

76-42     4.  If a child is deemed to be an adult sex offender pursuant to

76-43  this section, the juvenile court shall notify the Central Repository

76-44  so the Central Repository may carry out the provisions for

77-1  registration of the child as an adult sex offender pursuant to

77-2  NRS 179D.450.

77-3      Sec. 192.  1.  The records relating to a child must not be

77-4  sealed pursuant to the provisions of sections 218 to 225, inclusive,

77-5  of this act while the child is subject to community notification as a

77-6  juvenile sex offender.

77-7      2.  If a child is deemed to be an adult sex offender pursuant to

77-8  section 191 of this act, is convicted of a sexual offense, as defined

77-9  in NRS 179D.410, before reaching 21 years of age or is otherwise

77-10  subject to registration and community notification pursuant to

77-11  NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of

77-12  age:

77-13     (a) The records relating to the child must not be sealed

77-14  pursuant to the provisions of sections 218 to 225, inclusive, of this

77-15  act; and

77-16     (b) Each delinquent act committed by the child that would

77-17  have been a sexual offense, as defined in NRS 179D.410 if

77-18  committed by an adult, shall be deemed to be a criminal conviction

77-19  for the purposes of:

77-20         (1) Registration and community notification pursuant to

77-21  NRS 179D.350 to 179D.800, inclusive; and

77-22         (2) The statewide registry established within the Central

77-23  Repository pursuant to chapter 179B of NRS.

77-24     Sec. 193.  Title 5 of NRS is hereby amended by adding thereto

77-25  a new chapter to consist of the provisions set forth as sections 194 to

77-26  201, inclusive, of this act.

77-27     Sec. 194.  As used in this chapter, “special supervision

77-28  program” means a probation program established in any county

77-29  which meets the standards prescribed by this chapter for the

77-30  rehabilitation of delinquent children and which includes:

77-31     1.  A degree of supervision substantially above the usual; and

77-32     2.  The use of new techniques rather than routine supervision

77-33  techniques.

77-34     Sec. 195.  1.  It is the policy of this state to rehabilitate

77-35  delinquent children, to effect a more even administration of justice

77-36  and to increase the public welfare of the citizens of this state.

77-37     2.  It is the purpose of this chapter to reduce the necessity for

77-38  commitment of delinquent children to a state facility for the

77-39  detention of children by strengthening and improving local

77-40  supervision of children placed on probation by the juvenile court.

77-41     Sec. 196.  1.  The Department of Human Resources shall

77-42  adopt:

77-43     (a) Rules and regulations setting forth minimum standards for

77-44  the operation of special supervision programs; and

78-1      (b) Other rules as may be necessary for the administration of

78-2  the provisions of this chapter.

78-3      2.  The standards must be sufficiently flexible to foster the

78-4  development of new and improved supervision practices and

78-5  techniques.

78-6      3.  In developing the standards, the Department of Human

78-7  Resources shall seek advice from the appropriate officials in those

78-8  counties that participate in a special supervision program.

78-9      Sec. 197.  From any legislative appropriation for such

78-10  purpose and in accordance with the provisions of this chapter, the

78-11  State of Nevada shall share the costs of supervising any delinquent

78-12  child:

78-13     1.  Who is supervised pursuant to a special supervision

78-14  program; and

78-15     2.  Who would otherwise be committed to a state facility for

78-16  the detention of children.

78-17     Sec. 198.  1.  The juvenile court in each county may apply to

78-18  the Department of Human Resources to have the State of Nevada

78-19  share the costs of supervising any delinquent child in a special

78-20  supervision program.

78-21     2.  The application must:

78-22     (a) Be in the form prescribed by the Department of Human

78-23  Resources;

78-24     (b) Include a plan or plans for providing special supervision

78-25  programs; and

78-26     (c) Include assurances that such funds will not be used to

78-27  replace local funds for existing programs for delinquent children.

78-28     3.  The Department of Human Resources shall not distribute

78-29  any money to a juvenile court pursuant to the provisions of this

78-30  chapter until:

78-31     (a) The Department approves the application of the juvenile

78-32  court; and

78-33     (b) The juvenile court has complied with the provisions of this

78-34  chapter.

78-35     Sec. 199.  1.  The Department of Human Resources shall

78-36  determine the applicable costs to the State of Nevada in

78-37  calculating the amount of money to be distributed to each juvenile

78-38  court.

78-39     2.  The Department of Human Resources shall distribute

78-40  money to each juvenile court proportionately on the basis of:

78-41     (a) The population of the county within the jurisdiction of the

78-42  juvenile court; and

78-43     (b) Any other factors that the Department determines to be

78-44  relevant in accordance with the regulations adopted pursuant to

78-45  the provisions of this chapter.

79-1      3.  If a juvenile court does not submit an application to the

79-2  Department of Human Resources pursuant to the provisions of

79-3  this chapter, the Department may distribute the proportionate

79-4  share that otherwise would have been distributed to that juvenile

79-5  court to other juvenile courts in accordance with the regulations

79-6  adopted pursuant to the provisions of this chapter.

79-7      Sec. 200.  1.  Except as otherwise provided in this section,

79-8  each juvenile court shall use the money distributed by the

79-9  Department of Human Resources pursuant to the provisions of

79-10  this chapter to:

79-11     (a) Carry out the purposes of this chapter;

79-12     (b) Employ necessary probation officers who shall carry

79-13  caseloads substantially less than required for normal or routine

79-14  supervision; and

79-15     (c) Initiate new techniques and services of an innovative

79-16  nature for delinquent children.

79-17     2.  Any money which is distributed to a juvenile court

79-18  pursuant to the provisions of this chapter for any fiscal year

79-19  beginning on or after July 1, 1991, and which represents an

79-20  increase over the amount distributed to the juvenile court

79-21  pursuant to the provisions of this chapter for the fiscal year

79-22  ending June 30, 1991:

79-23     (a) Must not be used to offset the salaries of governmental

79-24  employees.

79-25     (b) May be used only for the purchase of goods, property or

79-26  services necessary to carry out the purposes of this chapter.

79-27     Sec. 201.  1.  Each juvenile court receiving funds pursuant

79-28  to the provisions of this chapter shall report to the Department of

79-29  Human Resources, on or before July 1 and December 31 of each

79-30  year, the experience and results of the juvenile court in complying

79-31  with the purposes of this chapter.

79-32     2.  The Department of Human Resources shall compile such

79-33  reports and submit them to the Legislature upon its convening in

79-34  regular session.

79-35     Sec. 202.  Title 5 of NRS is hereby amended by adding thereto

79-36  a new chapter to consist of the provisions set forth as sections 203 to

79-37  212, inclusive, of this act.

79-38     Sec. 203.  1.  Any facility for the detention of children:

79-39     (a) Must be constructed and conducted as nearly like a home

79-40  as possible;

79-41     (b) Must not be deemed to be or treated as a penal institution;

79-42  and

79-43     (c) Except as otherwise provided in subsection 2, must not

79-44  adjoin, be located on the same grounds as, or share common

80-1  facilities or common grounds with a prison, an adult jail or an

80-2  adult lockup.

80-3      2.  If a facility for the detention of children complies with the

80-4  provisions of 28 C.F.R. § 31.303 relating to collocated facilities,

80-5  the facility for the detention of children may adjoin, be located on

80-6  the same grounds as, or share common facilities or common

80-7  grounds with an adult jail or an adult lockup.

80-8      Sec. 204.  1.  The board of county commissioners:

80-9      (a) In a county whose population is 50,000 or more, shall

80-10  provide a facility for the detention of children.

80-11     (b) In all other counties, may provide a facility for the

80-12  detention of children.

80-13     2.  The boards of county commissioners of two or more

80-14  counties, without regard to the population of the counties, may

80-15  provide a combined facility for the detention of children under

80-16  terms agreed upon by the boards of county commissioners and the

80-17  juvenile courts of the affected judicial districts.

80-18     3.  In addition to any facilities for the detention of children, a

80-19  board of county commissioners may establish or maintain

80-20  programs which provide alternatives to placing a child in a facility

80-21  for the detention of children.

80-22     Sec. 205.  1.  Except as otherwise provided in subsection 6,

80-23  each county shall pay an assessment for the operation of each

80-24  regional facility for the detention of children that is partially

80-25  supported by the State of Nevada and is operated by a county

80-26  whose population is less than 400,000.

80-27     2.  The assessment owed by each county equals the total

80-28  amount budgeted by the Legislature for the operation of the

80-29  regional facility, minus any money appropriated by the Legislature

80-30  for the support of the regional facility, divided by the total number

80-31  of pupils in this state in the preceding school year, excluding

80-32  pupils in counties whose population is 400,000 or more, and

80-33  multiplied by the number of pupils in the assessed county. The

80-34  Administrator of the Division of Child and Family Services shall

80-35  calculate the assessment owed by each county in June of each

80-36  year for the ensuing fiscal year.

80-37     3.  Each county must pay the assessed amount to the Division

80-38  of Child and Family Services in quarterly installments that are

80-39  due the first day of the first month of each calendar quarter.

80-40     4.  The Administrator of the Division of Child and Family

80-41  Services shall deposit the money received pursuant to subsection 3

80-42  in a separate account in the State General Fund. The money in

80-43  the account may be withdrawn only by the Administrator for the

80-44  operation of regional facilities for the detention of children.

81-1      5.  Revenue raised by a county to pay the assessment required

81-2  pursuant to subsection 1 is not subject to the limitations on

81-3  revenue imposed pursuant to chapter 354 of NRS and must not be

81-4  included in the calculation of those limitations.

81-5      6.  The provisions of this section do not apply to a county

81-6  whose population is 400,000 or more.

81-7      7.  As used in this section, “regional facility for the detention

81-8  of children” or “regional facility” does not include the institution

81-9  in Lyon County known as Western Nevada Regional Youth

81-10  Center.

81-11     Sec. 206.  1.  Except as otherwise provided in subsection 5,

81-12  each county shall pay an assessment for the operation of a

81-13  regional facility for the detention of children that serves the

81-14  county if the regional facility:

81-15     (a) Is operated by a county whose population is less than

81-16  400,000 or an administrative entity established pursuant to NRS

81-17  277.080 to 277.180, inclusive, by counties whose populations are

81-18  less than 400,000 each;

81-19     (b) Is established by two or more counties pursuant to an

81-20  interlocal agreement or by one county if the regional facility is

81-21  operated pursuant to an interlocal agreement to benefit other

81-22  counties; and

81-23     (c) Is not partially supported by the State of Nevada and does

81-24  not receive money from the State of Nevada other than any fees

81-25  paid to the regional facility for a child referred to the regional

81-26  facility by the State of Nevada.

81-27     2.  The administrator of a regional facility for the detention of

81-28  children shall calculate the assessment owed by each county

81-29  pursuant to subsection 1 on or before March 1 of each year for the

81-30  ensuing fiscal year. The assessment owed by each county equals:

81-31     (a) For the first 2 years of operation of the regional facility,

81-32  the total amount budgeted for the operation of the regional facility

81-33  by the governing body of the county or other entity responsible for

81-34  the operation of the regional facility, minus any money received

81-35  from the State of Nevada to pay for fees for a child referred to the

81-36  regional facility by the State of Nevada, divided by the total

81-37  number of pupils in the preceding school year in all counties

81-38  served by the regional facility and multiplied by the number of

81-39  pupils in the preceding school year in the assessed county.

81-40     (b) For each year subsequent to the second year of operation

81-41  of the regional facility, unless the counties served by the regional

81-42  facility enter into an interlocal agreement to the contrary, the total

81-43  of:

81-44         (1) The total amount budgeted for the operation of the

81-45  regional facility by the governing body of the county or other

82-1  entity responsible for the operation of the regional facility, minus

82-2  any money received from the State of Nevada to pay for fees for a

82-3  child referred to the regional facility by the State of Nevada,

82-4  divided by the total number of pupils in the preceding school year

82-5  in all counties served by the regional facility, multiplied by the

82-6  number of pupils in the preceding school year in the assessed

82-7  county and multiplied by one-fourth; and

82-8          (2) The total amount budgeted for the operation of the

82-9  regional facility by the governing body of the county or other

82-10  entity responsible for the operation of the regional facility, minus

82-11  any money received from the State of Nevada to pay for fees for a

82-12  child referred to the regional facility by the State of Nevada,

82-13  divided by the total number of pupils who were served by the

82-14  regional facility in the preceding school year from all counties

82-15  served by the regional facility, multiplied by the number of pupils

82-16  who were served by the regional facility in the preceding school

82-17  year from the assessed county and multiplied by three-fourths.

82-18     3.  Each county shall pay the assessment required pursuant to

82-19  subsection 1 to the treasurer of the county if the regional facility is

82-20  operated by a county or to the administrative entity responsible for

82-21  the operation of the regional facility in quarterly installments that

82-22  are due on the first day of the first month of each calendar

82-23  quarter. The money must be accounted for separately and may

82-24  only be withdrawn by the administrator of the regional facility.

82-25     4.  The board of county commissioners of each county may

82-26  pay the assessment from revenue raised by a tax levied pursuant to

82-27  NRS 354.59818, any other available money, or a combination

82-28  thereof.

82-29     5.  The provisions of this section do not apply to a county

82-30  whose population is 400,000 or more.

82-31     6.  As used in this section, “regional facility for the detention

82-32  of children” or “regional facility” does not include the institution

82-33  in Douglas County known as China Spring Youth Camp.

82-34     Sec. 207.  1.  All expenses incurred in complying with the

82-35  provisions of this title are a charge against the county, except for

82-36  expenses that must be paid by the State of Nevada pursuant to the

82-37  provisions of sections 231 to 282, inclusive, of this act or a specific

82-38  statute.

82-39     2.  Except as otherwise provided in subsection 3, within the

82-40  limits provided by the board of county commissioners, the juvenile

82-41  court shall fix the salaries, expenses and other compensation of

82-42  masters of the juvenile court, probation officers and all employees

82-43  of the juvenile court.

82-44     3.  If the board of county commissioners has established a

82-45  department of juvenile justice services by ordinance pursuant to

83-1  sections 82 to 87, inclusive, of this act, the board of county

83-2  commissioners shall fix the salaries, expenses and other

83-3  compensation of probation officers, assistant probation officers

83-4  and all employees of the department of juvenile justice services.

83-5      Sec. 208.  1.  If a child is detained other than pursuant to a

83-6  court order in a local or regional facility for the detention of

83-7  children, the county that has detained the child is entitled to

83-8  reimbursement from the parent or guardian of the child for all

83-9  money expended by the county for the support of the child during

83-10  the period of the child’s detention.

83-11     2.  If the parent or guardian of the child fails or refuses to

83-12  reimburse the county, the board of county commissioners may

83-13  recover from the parent or guardian, by appropriate legal action,

83-14  all money due plus interest thereon at the rate of 7 percent per

83-15  annum.

83-16     Sec. 209.  1.  If a child becomes subject to the jurisdiction of

83-17  the juvenile court and the child receives ancillary services that are

83-18  administered or financed by a county, including, but not limited

83-19  to, transportation or psychiatric, psychological or medical services,

83-20  the county is entitled to reimbursement from the parent or

83-21  guardian of the child for all money expended by the county for

83-22  such services.

83-23     2.  To determine the amount that the parent or guardian of

83-24  the child must reimburse the county for such services:

83-25     (a) The board of county commissioners may adopt a sliding

83-26  scale based on the ability of the parent or guardian to pay; and

83-27     (b) The juvenile court shall review each case and make a

83-28  finding as to the reasonableness of the charge in relation to the

83-29  ability of the parent or guardian to pay.

83-30     3.  If the parent or guardian of the child fails or refuses to

83-31  reimburse the county, the board of county commissioners may

83-32  recover from the parent or guardian, by appropriate legal action,

83-33  all money due plus interest thereon at the rate of 7 percent per

83-34  annum commencing 30 days after an itemized statement of all

83-35  money due is submitted to the parent or guardian.

83-36     Sec. 210.  Except as otherwise provided in this chapter, if the

83-37  juvenile court commits a child to the custody of a person who is

83-38  not the parent or guardian of the child or to the custody of a

83-39  public or private institution or agency, and no provision is

83-40  otherwise made by law for the support of the child, the expenses

83-41  incurred for the support of the child while in such custody, if

83-42  approved by an order of the juvenile court, are a charge upon the

83-43  county where the child has a legal residence.

83-44     Sec. 211.  1.  Except as otherwise provided in this

83-45  subsection, if a child is committed to the custody of a regional

84-1  facility for the detention of children, the juvenile court may order

84-2  the county where the child has a legal residence to pay the

84-3  expenses incurred for the support of the child in an amount equal

84-4  to any money paid for that purpose by the Division of Child and

84-5  Family Services. Such an order may not be entered if the county

84-6  maintains the facility to which the child is committed.

84-7      2.  The juvenile court may order the parent or guardian of the

84-8  child to reimburse the county, in whole or in part, for any money

84-9  expended by the county for the support of the child.

84-10     3.  This section does not prohibit the juvenile court from

84-11  providing for the support of the child in any other manner

84-12  authorized by law.

84-13     Sec. 212.  1.  Notwithstanding any other statute providing

84-14  for the support of a child, after the parent or guardian of a child

84-15  has been given notice and a reasonable opportunity to be heard,

84-16  the juvenile court may order the parent or guardian to pay, in

84-17  such a manner as the juvenile court may direct and within the

84-18  ability of the parent or guardian to pay, money to cover in whole

84-19  or in part the support of the child.

84-20     2.  If the parent or guardian of the child willfully fails or

84-21  refuses to pay the money due, the juvenile court may proceed

84-22  against the parent or guardian for contempt.

84-23     3.  If the juvenile court orders the parent or guardian of the

84-24  child to pay for the support of the child pursuant to this section,

84-25  the money must be paid to the superintendent of the county school

84-26  district or fiscal officer of the institution to which the child is

84-27  committed, or the chief administrative officer of the agency to

84-28  whom the child is committed.

84-29     Sec. 213.  Title 5 of NRS is hereby amended by adding thereto

84-30  a new chapter to consist of the provisions set forth as sections 214 to

84-31  229, inclusive, of this act.

84-32     Sec. 214.  1.  The fingerprints of a child must be taken if the

84-33  child is in custody for an unlawful act that, if committed by an

84-34  adult, would have been:

84-35     (a) A felony, gross misdemeanor or sexual offense; or

84-36     (b) A misdemeanor and the unlawful act involved:

84-37         (1) The use or threatened use of force or violence against

84-38  the victim; or

84-39         (2) The possession, use or threatened use of a firearm or a

84-40  deadly weapon.

84-41     2.  The fingerprints of a child who is in custody but who is not

84-42  subject to the provisions of subsection 1 may be taken if a law

84-43  enforcement officer finds latent fingerprints during the

84-44  investigation of an offense and the officer has reason to believe

84-45  that the latent fingerprints are those of the child. The officer shall

85-1  use the fingerprints taken from the child to make an immediate

85-2  comparison with the latent fingerprints. If the comparison is:

85-3      (a) Negative, the fingerprint card and other copies of the

85-4  fingerprints taken may be immediately destroyed or may be

85-5  retained for future use.

85-6      (b) Positive, the fingerprint card and other copies of the

85-7  fingerprints:

85-8          (1) Must be delivered to the juvenile court for disposition if

85-9  the child is referred to the juvenile court.

85-10         (2) May be immediately destroyed or may be retained for

85-11  future use if the child is not referred to the juvenile court.

85-12     3.  Fingerprints that are taken from a child pursuant to the

85-13  provisions of this section:

85-14     (a) May be retained in a local file or a local system for the

85-15  automatic retrieval of fingerprints if they are retained under

85-16  special security measures that limit inspection of the fingerprints

85-17  to law enforcement officers who are conducting criminal

85-18  investigations. If the child from whom the fingerprints are taken

85-19  subsequently is not adjudicated delinquent, the parent or guardian

85-20  of the child or, when the child becomes at least 18 years of age, the

85-21  child may petition the juvenile court for the removal of the

85-22  fingerprints from any local file or local system.

85-23     (b) Must be submitted to the Central Repository if the child is

85-24  adjudicated delinquent for an unlawful act that would be a felony

85-25  or a sexual offense if committed by an adult, and may be

85-26  submitted to the Central Repository for any other act. Any such

85-27  fingerprints submitted to the Central Repository must be submitted

85-28  with a description of the child and the unlawful act, if any, that

85-29  the child committed. The Central Repository shall retain the

85-30  fingerprints and information of the child under special security

85-31  measures that limit inspection of the fingerprints and the

85-32  information to:

85-33         (1) Law enforcement officers who are conducting criminal

85-34  investigations; and

85-35         (2) Officers and employees of the Central Repository who

85-36  are assisting law enforcement officers with criminal investigations

85-37  or who are conducting research or performing a statistical

85-38  analysis.

85-39     (c) Must not be submitted to the Federal Bureau of

85-40  Investigation unless the child is adjudicated delinquent for an

85-41  unlawful act that would have been a felony or a sexual offense if

85-42  committed by an adult.

85-43     4.  A child who is in custody must be photographed for the

85-44  purpose of identification. Except as otherwise provided in this

85-45  subsection, the photographs of the child must be kept in the file

86-1  pertaining to the child under special security measures which

86-2  provide that the photographs may be inspected only to conduct

86-3  criminal investigations and photographic lineups. If the juvenile

86-4  court subsequently determines that the child is not delinquent, the

86-5  juvenile court shall order the photographs to be destroyed.

86-6      5.  Any person who willfully violates any provision of this

86-7  section is guilty of a misdemeanor.

86-8      6.  As used in this section, “sexual offense” means:

86-9      (a) Sexual assault pursuant to NRS 200.366;

86-10     (b) Statutory sexual seduction pursuant to NRS 200.368;

86-11     (c) Battery with intent to commit sexual assault pursuant to

86-12  NRS 200.400;

86-13     (d) An offense involving pornography and a minor pursuant to

86-14  NRS 200.710 to 200.730, inclusive;

86-15     (e) Incest pursuant to NRS 201.180;

86-16     (f) Solicitation of a minor to engage in acts constituting the

86-17  infamous crime against nature pursuant to NRS 201.195;

86-18     (g) Open or gross lewdness pursuant to NRS 201.210;

86-19     (h) Indecent or obscene exposure pursuant to NRS 201.220;

86-20     (i) Lewdness with a child pursuant to NRS 201.230;

86-21     (j) Sexual penetration of a dead human body pursuant to

86-22  NRS 201.450;

86-23     (k) Annoyance or molestation of a minor pursuant to

86-24  NRS 207.260;

86-25     (l) An attempt to commit an offense listed in paragraphs (a)

86-26  to (k), inclusive; or

86-27     (m) An offense that is determined to be sexually motivated

86-28  pursuant to NRS 175.547.

86-29     Sec. 215.  1.  A news medium may not publish, broadcast or

86-30  air the name or race of any child connected with any proceeding

86-31  conducted pursuant to the provisions of this title without a written

86-32  order of the juvenile court unless:

86-33     (a) The proceeding has been opened to the public pursuant to

86-34  section 118 of this act; or

86-35     (b) The release of the information is authorized pursuant to

86-36  subsection 2.

86-37     2.  An officer or employee of the juvenile court may release to

86-38  a news medium the name of a child and the nature of the charges

86-39  against the child, and any news medium may publish, broadcast or

86-40  air such information if:

86-41     (a) The child has been adjudicated delinquent on at least one

86-42  prior occasion for an unlawful act which would have been a

86-43  felony if committed by an adult and which resulted in death or

86-44  serious bodily injury, and the child is charged with committing

87-1  another unlawful act which would have been a felony if committed

87-2  by an adult; or

87-3      (b) The child has been adjudicated delinquent on at least two

87-4  prior occasions for unlawful acts which would have been felonies

87-5  if committed by an adult, and the child is charged with committing

87-6  another unlawful act which would have been a felony if committed

87-7  by an adult.

87-8      Sec. 216.  1.  The juvenile court shall make and keep

87-9  records of all cases brought before the juvenile court.

87-10     2.  Except as otherwise provided in this section, records of any

87-11  case brought before the juvenile court may be opened to inspection

87-12  only by court order to persons who have a legitimate interest in the

87-13  records.

87-14     3.  The following records and information may be opened to

87-15  inspection without a court order:

87-16     (a) Records of traffic violations which are being forwarded to

87-17  the Department of Motor Vehicles;

87-18     (b) Records which have not been sealed and which are

87-19  required by the Division of Parole and Probation for preparation

87-20  of presentence investigations and reports pursuant to NRS

87-21  176.135 or general investigations and reports pursuant to

87-22  NRS 176.151;

87-23     (c) Records which have not been sealed and which are to be

87-24  used, pursuant to chapter 179D of NRS, by:

87-25         (1) The Central Repository;

87-26         (2) The Division of Parole and Probation; or

87-27         (3) A person who is conducting an assessment of the risk of

87-28  recidivism of an adult or juvenile sex offender;

87-29     (d) Information maintained in the standardized system

87-30  established pursuant to section 226 of this act; and

87-31     (e) Information that must be collected by the Division of Child

87-32  and Family Services pursuant to section 228 of this act.

87-33     4.  The clerk of the court shall prepare and cause to be printed

87-34  forms for social and legal records and other papers as may be

87-35  required.

87-36     Sec. 217.  1.  If a child has committed an act which subjects

87-37  the child to the jurisdiction of the juvenile court and which may

87-38  form the basis of a civil action, a person who, in good faith,

87-39  intends to bring or has brought the civil action or any other person

87-40  who is a party to the civil action may petition the juvenile court for

87-41  release of the child’s name.

87-42     2.  If the person who petitions the juvenile court makes a

87-43  satisfactory showing that the person intends, in good faith, to use

87-44  the child’s name in the civil action, the juvenile court shall order

88-1  the release of the child’s name and authorize its use in the civil

88-2  action.

88-3      Sec. 218.  1.  As used in sections 218 to 225, inclusive, of

88-4  this act, unless the context otherwise requires, “records” means

88-5  any records relating to a child who is within the purview of this

88-6  title and who:

88-7      (a) Is taken into custody by a peace officer or a probation

88-8  officer or is otherwise taken before a probation officer; or

88-9      (b) Appears before the juvenile court or any other court

88-10  pursuant to the provisions of this title.

88-11     2.  The term includes records of arrest.

88-12     Sec. 219.  The provisions of sections 218 to 225, inclusive, of

88-13  this act do not apply to:

88-14     1.  Information maintained in the standardized system

88-15  established pursuant to section 226 of this act;

88-16     2.  Information that must be collected by the Division of Child

88-17  and Family Services pursuant to section 228 of this act;

88-18     3.  Records that are subject to the provisions of section 192 of

88-19  this act; or

88-20     4.  Records relating to a traffic offense that would have been a

88-21  misdemeanor if committed by an adult.

88-22     Sec. 220.  Any decree or order entered concerning a child

88-23  within the purview of this title must contain, for the benefit of the

88-24  child, an explanation of the contents of sections 218 to 225,

88-25  inclusive, of this act and, if applicable, section 192 of this act.

88-26     Sec. 221.  1.  If a child is less than 21 years of age, the child

88-27  or a probation officer on behalf of the child may petition the

88-28  juvenile court for an order sealing all records relating to the child.

88-29  The petition may be filed not earlier than 3 years after the child:

88-30     (a) Was last adjudicated in need of supervision or adjudicated

88-31  delinquent; or

88-32     (b) Was last referred to the juvenile court,

88-33  whichever is later.

88-34     2.  If a petition is filed pursuant to this section, the juvenile

88-35  court shall notify the district attorney and, if a probation officer is

88-36  not the petitioner, the chief probation officer.

88-37     3.  The district attorney and the chief probation officer, or any

88-38  of their deputies, or any other person who has evidence that is

88-39  relevant to consideration of the petition may testify at the hearing

88-40  on the petition.

88-41     4.  After the hearing on the petition, the juvenile court shall

88-42  enter an order sealing all records relating to the child if the

88-43  juvenile court finds that:

89-1      (a) During the applicable 3‑year period, the child has not been

89-2  convicted of a felony or of any misdemeanor involving moral

89-3  turpitude; and

89-4      (b) The child has been rehabilitated to the satisfaction of the

89-5  juvenile court.

89-6      Sec. 222.  Except as otherwise provided in section 223 of this

89-7  act, when a child reaches 21 years of age, all records relating to

89-8  the child must be sealed automatically.

89-9      Sec. 223.  1.  If a child is adjudicated delinquent for an

89-10  unlawful act listed in subsection 6 and the records relating to that

89-11  unlawful act have not been sealed by the juvenile court pursuant

89-12  to section 221 of this act before the child reaches 21 years of age,

89-13  those records must not be sealed before the child reaches 30 years

89-14  of age.

89-15     2.  After the child reaches 30 years of age, the child may

89-16  petition the juvenile court for an order sealing those records.

89-17     3.  If a petition is filed pursuant to this section, the juvenile

89-18  court shall notify the district attorney and the chief probation

89-19  officer.

89-20     4.  The district attorney and the chief probation officer, or any

89-21  of their deputies, or any other person who has evidence that is

89-22  relevant to consideration of the petition may testify at the hearing

89-23  on the petition.

89-24     5.  After the hearing on the petition, the juvenile court may

89-25  enter an order sealing the records relating to the child if the

89-26  juvenile court finds that, during the period since the child reached

89-27  21 years of age, the child has not been convicted of any offense,

89-28  except for minor moving or standing traffic offenses.

89-29     6.  The provisions of this section apply to any of the following

89-30  unlawful acts:

89-31     (a) An unlawful act which, if committed by an adult, would

89-32  have constituted:

89-33         (1) Sexual assault pursuant to NRS 200.366;

89-34         (2) Battery with intent to commit sexual assault pursuant to

89-35  NRS 200.400; or

89-36         (3) Lewdness with a child pursuant to NRS 201.230.

89-37     (b) An unlawful act which would have been a felony if

89-38  committed by an adult and which involved the use or threatened

89-39  use of force or violence.

89-40     Sec. 224.  1.  If the juvenile court enters an order sealing the

89-41  records relating to a child or the records are sealed automatically,

89-42  all records relating to the child must be sealed that are in the

89-43  custody of:

89-44     (a) The juvenile court or any other court;

90-1      (b) A probation officer, probation department or law

90-2  enforcement agency; or

90-3      (c) Any other public officer or agency.

90-4      2.  If the juvenile court enters an order sealing the records

90-5  relating to a child, the juvenile court shall send a copy of the order

90-6  to each public officer or agency named in the order. Not later than

90-7  5 days after receipt of the order, each public officer or agency

90-8  shall:

90-9      (a) Seal the records in the custody of the public officer or

90-10  agency, as directed by the order;

90-11     (b) Advise the juvenile court of compliance with the order; and

90-12     (c) Seal the copy of the order received by the public officer or

90-13  agency.

90-14     Sec. 225.  1.  Except as otherwise provided in this section, if

90-15  the records of a person are sealed:

90-16     (a) All proceedings recounted in the records are deemed never

90-17  to have occurred; and

90-18     (b) The person may reply accordingly to any inquiry

90-19  concerning the proceedings and the acts which brought about the

90-20  proceedings.

90-21     2.  The juvenile court may order the inspection of records that

90-22  are sealed if:

90-23     (a) The person who is the subject of the records petitions the

90-24  juvenile court to permit the inspection of the records by the

90-25  persons named in the petition;

90-26     (b) An agency charged with the medical or psychiatric care of

90-27  the person who is the subject of the records petitions the juvenile

90-28  court to permit the inspection of the records by the agency; or

90-29     (c) A district attorney or an attorney representing a defendant

90-30  in a criminal action petitions the juvenile court to permit the

90-31  inspection of the records to obtain information relating to the

90-32  persons who were involved in the acts detailed in the records.

90-33     3.  Upon its own order, any court of this state may inspect

90-34  records that are sealed if the records relate to a person who is less

90-35  than 21 years of age and who is to be sentenced by the court in a

90-36  criminal proceeding.

90-37     Sec. 226.  1.  The Division of Child and Family Services

90-38  shall:

90-39     (a) Establish a standardized system for the reporting,

90-40  collection, analysis, maintenance and retrieval of information

90-41  concerning juvenile justice in this state.

90-42     (b) Be responsible for the retrieval and analysis of the

90-43  categories of information contained in the standardized system

90-44  and the development of any reports from that information.

91-1      (c) Adopt such regulations as are necessary to carry out

91-2  the provisions of this section, including requirements for the

91-3  transmittal of information to the standardized system from the

91-4  juvenile courts, local juvenile probation departments and the staff

91-5  of the youth correctional services, as directed by the Department

91-6  of Human Resources.

91-7      2.  Each juvenile court and local juvenile probation

91-8  department and the staff of the youth correctional services, as

91-9  directed by the Department of Human Resources, shall comply

91-10  with the regulations adopted pursuant to this section.

91-11     Sec. 227.  1.  Except as otherwise provided in subsection 3,

91-12  the standardized system established pursuant to section 226 of this

91-13  act must collect, categorize and maintain the following

91-14  information from the juvenile courts, local juvenile probation

91-15  departments and the staff of the youth correctional services, as

91-16  directed by the Department of Human Resources, regarding each

91-17  child referred to the system of juvenile justice in this state:

91-18     (a) A unique number assigned to the child for identification;

91-19     (b) Basic demographic information regarding the child,

91-20  including, but not limited to:

91-21         (1) The age, sex and race or other ethnic background of the

91-22  child;

91-23         (2) The composition of the household in which the child

91-24  resides; and

91-25         (3) The economic background of the child;

91-26     (c) The charges for which the child is referred;

91-27     (d) The dates of any detention of the child;

91-28     (e) The nature of the disposition of each referral of the child;

91-29     (f) The dates any petitions are filed regarding the child, and

91-30  the charges set forth in those petitions; and

91-31     (g) The disposition of any petitions filed regarding the child,

91-32  including any applicable findings.

91-33     2.  In addition to the information required pursuant to

91-34  subsection 1 and except as otherwise provided in subsection 3, the

91-35  Department of Human Resources shall require the staff of the

91-36  youth correctional services to collect and transmit the following

91-37  information to the standardized system regarding each child

91-38  committed to or otherwise placed in the custody of the Division of

91-39  Child and Family Services:

91-40     (a) A record of each placement of the child, including, but not

91-41  limited to, the period of each placement and the services provided

91-42  to the child during each placement;

91-43     (b) The dates of each release of the child, including any

91-44  release of the child on parole;

92-1      (c) If the child is released on parole, the period of each release

92-2  and the services provided to the child during each release; and

92-3      (d) The nature of or reason for each discharge of the child

92-4  from the custody of the Division of Child and Family Services.

92-5      3.  The information maintained in the standardized system

92-6  must not include the name or address of any person.

92-7      Sec. 228.  1.  For each child adjudicated delinquent for an

92-8  unlawful act that would have been a sexual offense if committed

92-9  by an adult, the Division of Child and Family Services shall collect

92-10  from the juvenile courts, local juvenile probation departments and

92-11  the staff of the youth correctional services, as directed by the

92-12  Department of Human Resources:

92-13     (a) The information listed in section 227 of this act;

92-14     (b) The name of the child; and

92-15     (c) All information concerning programs of treatment in

92-16  which the child participated that:

92-17         (1) Were directly related to the delinquent act committed by

92-18  the child; or

92-19         (2) Were designed or utilized to prevent the commission of

92-20  another such act by the child in the future.

92-21     2.  The Division of Child and Family Services shall provide

92-22  the information collected pursuant to subsection 1 to the Central

92-23  Repository for use in the program established pursuant to NRS

92-24  179A.270, 179A.280 and 179A.290.

92-25     3.  All information containing the name of the child and all

92-26  information relating to programs of treatment in which the child

92-27  participated is confidential and must not be used for a purpose

92-28  other than that provided for in this section and NRS 179A.290.

92-29     4.  As used in this section, “sexual offense” means:

92-30     (a) Sexual assault pursuant to NRS 200.366;

92-31     (b) Statutory sexual seduction pursuant to NRS 200.368;

92-32     (c) Battery with intent to commit sexual assault pursuant to

92-33  NRS 200.400;

92-34     (d) An offense involving pornography and a minor pursuant to

92-35  NRS 200.710 to 200.730, inclusive;

92-36     (e) Incest pursuant to NRS 201.180;

92-37     (f) Solicitation of a minor to engage in acts constituting the

92-38  infamous crime against nature pursuant to NRS 201.195;

92-39     (g) Open or gross lewdness pursuant to NRS 201.210;

92-40     (h) Indecent or obscene exposure pursuant to NRS 201.220;

92-41     (i) Lewdness with a child pursuant to NRS 201.230;

92-42     (j) Sexual penetration of a dead human body pursuant to

92-43  NRS 201.450;

92-44     (k) Luring a child using a computer, system or network

92-45  pursuant to NRS 201.560, if punished as a felony;

93-1      (l) Annoyance or molestation of a minor pursuant to

93-2  NRS 207.260;

93-3      (m) An attempt to commit an offense listed in paragraphs (a)

93-4  to (l), inclusive;

93-5      (n) An offense that is determined to be sexually motivated

93-6  pursuant to NRS 175.547; or

93-7      (o) An offense committed in another jurisdiction that, if

93-8  committed in this state, would have been an offense listed in this

93-9  subsection.

93-10     Sec. 229.  1.  On or before January 31 of each year, each

93-11  local juvenile probation department shall:

93-12     (a) Analyze the information it submitted to the standardized

93-13  system during the previous year pursuant to section 227 of this act

93-14  to determine whether children of racial or ethnic minorities and

93-15  children from economically disadvantaged homes are receiving

93-16  disparate treatment in the system of juvenile justice in comparison

93-17  to the general population;

93-18     (b) As necessary, develop appropriate recommendations to

93-19  address any disparate treatment; and

93-20     (c) Prepare and submit to the Division of Child and Family

93-21  Services a report which includes:

93-22         (1) The results of the analysis it conducted pursuant to

93-23  paragraph (a); and

93-24         (2) Any recommendations it developed pursuant to

93-25  paragraph (b).

93-26     2.  The Division of Child and Family Services shall annually:

93-27     (a) Compile the reports it receives pursuant to subsection 1;

93-28  and

93-29     (b) Publish a document which includes a compilation of the

93-30  reports.

93-31     Sec. 230.  Title 5 of NRS is hereby amended by adding thereto

93-32  a new chapter to consist of the provisions set forth as sections 231 to

93-33  282, inclusive, of this act.

93-34     Sec. 231.  As used in this chapter, unless the context

93-35  otherwise requires, the words and terms defined in sections 232 to

93-36  235, inclusive, of this act have the meanings ascribed to them in

93-37  those sections.

93-38     Sec. 232.  1.  “Commissary fund” means a commissary fund

93-39  created pursuant to section 256 of this act.

93-40     2.  The term includes a commissary fund established for the

93-41  Nevada Youth Training Center and for the Caliente Youth Center.

93-42     Sec. 233.  1.  “Facility” means a state facility for the

93-43  detention or commitment of children which is administered by the

93-44  State of Nevada.

94-1      2.  The term includes, but is not limited to, the Nevada Youth

94-2  Training Center and the Caliente Youth Center.

94-3      Sec. 234.  1.  “Gift account” means a gift account

94-4  established for a facility in the gift fund of the Department of

94-5  Human Resources.

94-6      2.  The term includes the gift accounts established for the

94-7  Nevada Youth Training Center and for the Caliente Youth Center.

94-8      Sec. 235.  “Qualified financial institution” means a bank,

94-9  credit union or savings and loan association that is federally

94-10  insured or insured by a private insurer approved pursuant to NRS

94-11  678.755 or is otherwise qualified to receive deposits of public

94-12  money.

94-13     Sec. 236.  1.  For each facility, the position of

94-14  superintendent of the facility is hereby created.

94-15     2.  The superintendent of a facility shall administer the

94-16  provisions of sections 231 to 275, inclusive, of this act subject to

94-17  administrative supervision by the Administrator of the Division of

94-18  Child and Family Services.

94-19     Sec. 237. 1.  If a residence is available on the grounds of or

94-20  near a facility, the superintendent of the facility shall reside at the

94-21  residence, as provided for in this section.

94-22     2.  In addition to his salary, the superintendent of a facility is

94-23  entitled to:

94-24     (a) The use of a residence on the grounds of or near the

94-25  facility, if such a residence is available, which must be maintained

94-26  by the State of Nevada.

94-27     (b) Heat, electricity and water for the residence.

94-28     (c) The use of any appliances and furnishings for the

94-29  residence which are reasonably necessary, as determined by the

94-30  Administrator of the Division of Child and Family Services.

94-31     (d) Meals at the facility without charge when supervising

94-32  personnel or children.

94-33     3.  The superintendent of a facility shall not receive any

94-34  perquisites except those provided for in this section.

94-35     Sec. 238.  1.  To be appointed as the superintendent of a

94-36  facility, a person must have:

94-37     (a) Administrative experience in correctional programs for

94-38  children that embody rehabilitative or delinquency prevention

94-39  concepts;

94-40     (b) At least 2 years of administrative experience in an

94-41  institution dealing primarily with children on a 24‑hour basis; and

94-42     (c) Graduated from an accredited 4‑year college or university

94-43  or have an equivalent combination of experience and training,

94-44  substituting 2 years of experience for 1 year of training.

95-1      2.  The Administrator of the Division of Child and Family

95-2  Services shall request that the Department of Personnel use

95-3  extensive recruitment and merit selection techniques and

95-4  procedures to provide a list of persons who are qualified for

95-5  appointment as the superintendent of a facility.

95-6      Sec. 239.  1.  Except as otherwise provided in NRS 284.143,

95-7  the superintendent of a facility shall devote his entire time to the

95-8  duties of his position and follow no other gainful employment or

95-9  occupation.

95-10     2.  The superintendent of a facility is the executive and

95-11  administrative head of the facility, subject to administrative

95-12  supervision by the Administrator of the Division of Child and

95-13  Family Services.

95-14     Sec. 240.  The superintendent of a facility shall:

95-15     1.  Exercise general supervision of the facility.

95-16     2.  Make and revise rules and regulations for the government

95-17  of the facility, for the preservation of order and for the

95-18  enforcement of discipline.

95-19     3.  Invoke any legal, equitable or special procedures for the

95-20  enforcement of the orders of the superintendent or the provisions

95-21  of this chapter.

95-22     4.  Assume responsibility for and supervise the fiscal affairs of

95-23  the facility.

95-24     5.  Record and file all bonds and contracts.

95-25     6.  Purchase supplies and equipment for the facility as the

95-26  superintendent deems necessary.

95-27     7.  Keep a complete and accurate record of all proceedings.

95-28     8.  Assume responsibility for the custody and preservation of

95-29  all papers and documents pertaining to the office of the

95-30  superintendent.

95-31     9.  Submit certain reports and information to the

95-32  Administrator of the Division of Child and Family Services,

95-33  including, but not limited to:

95-34     (a) Quarterly reports;

95-35     (b) Biennial reports before September 1 of each even-

95-36  numbered year covering the biennium ending June 30 of that

95-37  year, regarding the condition, operation, functioning and

95-38  anticipated needs of the facility; and

95-39     (c) Material on which to base proposed legislation.

95-40     10.  Keep the public informed by disseminating information

95-41  regarding the activities and operation of the facility and

95-42  correctional problems involving children.

95-43     Sec. 241. 1.  The superintendent of a facility shall designate

95-44  one or more members of the staff of the facility to classify and

96-1  assign each child in the facility to a program of education,

96-2  employment, training, treatment, care and custody.

96-3      2.  As soon as practicable after a child enters the facility and

96-4  not later than 30 days after the date on which the child enters the

96-5  facility, the designated staff members shall:

96-6      (a) Study the file of the child;

96-7      (b) Interview the child;

96-8      (c) Determine which program of education, employment,

96-9  training, treatment, care and custody is appropriate for the child;

96-10     (d) Place in the file of the child a written record of the

96-11  program assignment of the child; and

96-12     (e) Assign to each child a counselor from among the members

96-13  of the staff.

96-14     3.  The designated staff members shall review the program

96-15  assignment of each child:

96-16     (a) At least once every 3 months.

96-17     (b) If the child requests a review.

96-18     (c) If a review is deemed necessary or desirable.

96-19     4.  After reviewing the program assignment of the child, the

96-20  designated staff members:

96-21     (a) May change the program assignment as is deemed

96-22  necessary or desirable; and

96-23     (b) Shall place in the file of the child a written record of any

96-24  changes made in the program assignment.

96-25     5.  If the child requests a change in his program assignment

96-26  and the request is denied, the designated staff members shall:

96-27     (a) Provide the child with the reasons for the denial; and

96-28     (b) Place in the file of the child a written statement concerning

96-29  the denial.

96-30     6.  The objective of the program assignment is to change the

96-31  behavior, attitude and thinking of the child so that the child can

96-32  once again function freely in his normal environment.

96-33     Sec. 242.  The superintendent of a facility may enter into

96-34  contracts with colleges, universities and other organizations for

96-35  the purposes of:

96-36     1.  Conducting research in the field of delinquency and crime

96-37  prevention.

96-38     2.  Training special workers, including teachers, probation

96-39  and parole officers, social workers and others who:

96-40     (a) Work part-time or full-time;

96-41     (b) Work as volunteers or for compensation; and

96-42     (c) Are engaged in the fields of education, recreation, mental

96-43  hygiene and the treatment and prevention of delinquency.

97-1      Sec. 243.  1.  The superintendent of a facility shall appoint

97-2  such teaching, technical, clerical and operational staff as may be

97-3  required for:

97-4      (a) The execution of the duties of the superintendent;

97-5      (b) The care of the children; and

97-6      (c) The maintenance and operation of the facility.

97-7      2.  The superintendent of a facility may enter into contracts

97-8  with qualified employees for their services as athletic coaches in

97-9  addition to their regular duties and responsibilities.

97-10     3.  The superintendent of a facility may designate one or more

97-11  employees of the facility to act as deputies. If the superintendent is

97-12  absent or unable for any reason to discharge the powers and

97-13  duties of the office, the deputies shall discharge those powers and

97-14  duties.

97-15     Sec. 244.  1.  If the superintendent of a facility determines

97-16  that it is necessary or desirable that any employee reside at the

97-17  facility, the Administrator of the Division of Child and Family

97-18  Services may grant perquisites to the employee or pay for services

97-19  rendered to the employee.

97-20     2.  The Administrator of the Division of Child and Family

97-21  Services shall submit to the Director of the Department of Human

97-22  Resources, for transmission to each regular session of the

97-23  Legislature, a report of any perquisites granted to an employee

97-24  and any payments made for services rendered to an employee.

97-25     Sec. 245.  1.  The superintendent of a facility shall establish

97-26  a department of instruction for the children of the facility, with

97-27  programs of study corresponding so far as practicable with

97-28  programs of study given in the elementary and high schools of this

97-29  state.

97-30     2.  The superintendent of a facility may:

97-31     (a) Arrange for industrial training and the teaching of various

97-32  trades; and

97-33     (b) Purchase the supplies and equipment necessary for the

97-34  teaching of such programs of study.

97-35     3.  If deemed practicable and with the concurrence of the

97-36  board of trustees of the county school district, the superintendent

97-37  of a facility may allow children in the facility to be enrolled for

97-38  instruction in the public schools within the county school district.

97-39  If any children are so enrolled, the superintendent of the facility

97-40  or the county school district shall provide transportation for the

97-41  children to the public schools.

97-42     Sec. 246.  1.  Except as otherwise provided in this section,

97-43  the superintendent of a facility may arrange for the employment of

97-44  children on ranches, farms and in other private occupations

97-45  during the summer vacation months and for other periods which

98-1  the superintendent deems proper for the full utilization of the

98-2  children’s time and productive capacities.

98-3      2.  A child may not be compelled to accept private employment

98-4  against his desires.

98-5      3.  For the purposes of this section, the superintendent of a

98-6  facility and the employer must determine the amount of

98-7  compensation the child must be paid and the working conditions

98-8  of the child.

98-9      4.  The superintendent of a facility may determine whether the

98-10  compensation paid to the child may be paid in whole or in part to

98-11  the child or to the superintendent for safekeeping as provided for

98-12  in section 254 of this act.

98-13     Sec. 247.  The ultimate purpose of the instruction, training,

98-14  employment and industries provided to a child in a facility is to

98-15  qualify the child for profitable and honorable employment and to

98-16  enable the child to lead a useful life after his release from the

98-17  facility.

98-18     Sec. 248.  The superintendent of a facility shall make

98-19  arrangements for carrying out the provisions of title 34 of NRS in

98-20  regard to the facility.

98-21     Sec. 249.  The Director of the Department of Human

98-22  Resources or the Director’s designee shall administer a program

98-23  designed to educate the children of a facility in the problems

98-24  caused by the abuse of alcohol and other drugs.

98-25     Sec. 250.  1.  Each claim paid from any fund in the State

98-26  Treasury that is available to a facility must be:

98-27     (a) Approved by the superintendent of the facility before it is

98-28  paid; and

98-29     (b) Paid as other claims against this state are paid.

98-30     2.  All money on deposit in a financial institution which is

98-31  available to a facility must be paid out by checks signed by the

98-32  superintendent of the facility or by a person designated for that

98-33  purpose.

98-34     Sec. 251.  The superintendent of a facility may apply for and

98-35  receive money from the Federal Government to treat and train

98-36  children in the facility.

98-37     Sec. 252.  The superintendent of a facility shall:

98-38     1.  Deposit in the State Treasury for credit to the gift account

98-39  of the facility any gifts of money which the facility is authorized to

98-40  accept; and

98-41     2.  Expend money from the gift account only for facility

98-42  purposes and, to the extent permitted by law, in accordance with

98-43  the terms of the gift.

98-44     Sec. 253.  1.  The superintendent of a facility:

99-1      (a) May buy and sell hay, grain, produce, livestock, and other

99-2  farm supplies and equipment; and

99-3      (b) Shall deposit all money obtained from the sale of such

99-4  items in the State Treasury for credit to the farm account of the

99-5  facility.

99-6      2.  The farm account is a continuing account without

99-7  reversion to the State General Fund.

99-8      3.  The superintendent of a facility shall expend the money in

99-9  the farm account for supplies and equipment needed by the facility

99-10  in accordance with the provisions of the State Budget Act.

99-11     4.  The superintendent of a facility shall keep a record of all

99-12  transactions pertaining to the farm account.

99-13     Sec. 254.  1.  The superintendent of a facility may accept

99-14  money and other valuables of a child in the facility for

99-15  safekeeping pending the discharge of the child.

99-16     2.  To carry out the purposes of this section, the

99-17  superintendent of a facility shall establish a trust fund in a

99-18  qualified financial institution.

99-19     3.  If the superintendent of a facility accepts money or other

99-20  valuables of a child for safekeeping, the superintendent shall:

99-21     (a) Deposit the money in the trust fund established pursuant to

99-22  this section;

99-23     (b) Keep a full account of any money and valuables; and

99-24     (c) Submit reports to the Administrator of the Division of Child

99-25  and Family Services regarding the money and valuables as the

99-26  Administrator may require.

99-27     4.  When a child is discharged from the facility, the

99-28  superintendent of the facility shall:

99-29     (a) Issue to the child a check in the amount of the balance

99-30  held in the trust fund for the child; and

99-31     (b) Return to the child any valuables held for safekeeping.

99-32     5.  If a check that is issued to a child pursuant to this section

99-33  has not been cashed within 6 months from the date on which the

99-34  check was issued, the superintendent of the facility may transfer

99-35  the amount of the uncashed check to the gift account. Each check

99-36  issued to a child must be stamped “void after 6 months from date

99-37  of issue.”

99-38     Sec. 255.  1.  The superintendent of a facility may establish

99-39  a commissary or store in the facility for the benefit and use of the

99-40  children in the facility.

99-41     2.  So far as practicable, sales of supplies and materials to the

99-42  children in the commissary or store must be at cost.

99-43     3.  The superintendent of a facility shall keep a record of all

99-44  transactions of the commissary or store.

100-1     Sec. 256.  1.  The commissary fund is hereby created, and

100-2  must be used:

100-3     (a) To purchase supplies and materials for resale to the

100-4  children of a facility;

100-5     (b) To provide money for needy children of a facility; and

100-6     (c) For other incidentals as may be deemed necessary by the

100-7  superintendent of the facility.

100-8     2.  The superintendent of a facility shall deposit any money

100-9  received for the commissary fund in a qualified financial

100-10  institution.

100-11    3.  The superintendent of a facility may maintain a small sum

100-12  of money which is received for the commissary fund as petty cash

100-13  at the commissary or store.

100-14    4.  All money drawn from the commissary fund must be

100-15  repaid if possible.

100-16    Sec. 257.  1.  If the juvenile court or the Division of Child

100-17  and Family Services commits or places a child in a facility, the

100-18  superintendent of the facility shall accept the child unless, before

100-19  the child is conveyed to the facility, the superintendent determines

100-20  that:

100-21    (a) There is not adequate room or resources in the facility to

100-22  provide the necessary care of the child;

100-23    (b) There is not adequate money available for the support of

100-24  the facility; or

100-25    (c) In the opinion of the superintendent, the child is not

100-26  suitable for admission to the facility.

100-27    2.  The superintendent of the facility shall fix the time at

100-28  which the child must be delivered to the facility.

100-29    3.  The juvenile court shall send to the superintendent of the

100-30  facility a summary of all the facts in the possession of the juvenile

100-31  court concerning the history of the child committed to the facility.

100-32    Sec. 258.  Upon the written request of the superintendent of a

100-33  facility, at any time either before or after commitment of a female

100-34  child to the facility, the juvenile court may order the child

100-35  committed to:

100-36    1.  A facility outside the State of Nevada; or

100-37    2.  A private institution within the State of Nevada.

100-38    Sec. 259.  1.  Before a child is committed to a facility, the

100-39  juvenile court shall order that a physician conduct a physical

100-40  examination of the child, which includes a blood test, test for

100-41  tuberculosis, urinalysis and an examination for venereal disease.

100-42    2.  Not later than 5 days after the date on which the physical

100-43  examination is conducted, the physician shall make a written

100-44  report of the results of the physical examination to the clerk of the

100-45  court.

101-1     3.  Upon receipt of the written report:

101-2     (a) The clerk of the court shall immediately forward a copy of

101-3  the written report to the superintendent of the facility; and

101-4     (b) The county auditor shall allow a claim for payment to the

101-5  physician for the physical examination.

101-6     Sec. 260.  1.  If the juvenile court commits a child to a

101-7  facility, the juvenile court may order the parent or guardian of

101-8  the child to pay, in whole or in part, for the support of the child in

101-9  the facility.

101-10    2.  If the juvenile court orders the parent or guardian of

101-11  the child to pay for the support of the child:

101-12    (a) The payments must be paid to the Administrator of the

101-13  Division of Child and Family Services; and

101-14    (b) The Administrator shall deposit the payments with the

101-15  State Treasurer for credit to a separate account in the State

101-16  General Fund. The Administrator may expend the money in the

101-17  separate account to carry out the powers and duties of the

101-18  Administrator and the Division of Child and Family Services.

101-19    Sec. 261.  1.  Except as otherwise provided in sections 134 to

101-20  177, inclusive, of this act, if the juvenile court commits a

101-21  delinquent child to the custody of the Division of Child and

101-22  Family Services, the Division may, within the limits of legislative

101-23  appropriation:

101-24    (a) If the child is at least 8 years of age but less than 12 years

101-25  of age, place the child in any public or private institution or

101-26  agency which is located within or outside this state and which is

101-27  authorized to care for children. The child must not be placed in a

101-28  facility.

101-29    (b) If the child is at least 12 years of age but less than 18 years

101-30  of age, place the child in a facility or in any public or private

101-31  institution or agency which is located within or outside this state

101-32  and which is authorized to care for children.

101-33    2.  The Division of Child and Family Services may change the

101-34  placement of the child from any public or private institution or

101-35  agency that is authorized to care for the child pursuant to this

101-36  section to another public or private institution or agency that is

101-37  authorized to care for the child pursuant to this section.

101-38    3.  Before the Division of Child and Family Services may

101-39  change any placement authorized by this section, the Division

101-40  shall:

101-41    (a) Notify the parent or guardian of the child; and

101-42    (b) Obtain the approval of the juvenile court.

101-43    Sec. 262.  The Administrator of the Division of Child and

101-44  Family Services shall recommend to the juvenile court a suitable

102-1  alternative to the commitment or placement of a child in a facility

102-2  if:

102-3     1.  The superintendent of the facility reports that such a

102-4  commitment or placement is unsuitable; and

102-5     2.  At the time of commitment or placement or after entering

102-6  the facility, the child appears to be:

102-7     (a) An improper child to be retained in the facility; or

102-8     (b) So incorrigible or so incapable of reformation under the

102-9  discipline of the facility as to render his detention detrimental to

102-10  the interests of the facility.

102-11    Sec. 263.  1.  The juvenile court may change, modify or set

102-12  aside an order committing a child to a facility after conducting a

102-13  hearing to consider the effect that changing, modifying or setting

102-14  aside the order will have upon the child and the operation of the

102-15  facility.

102-16    2.  Not later than 10 days before conducting the hearing

102-17  pursuant to this section, the juvenile court shall serve written

102-18  notice of the hearing upon the superintendent of the facility. Such

102-19  notice must be served by registered mail, postage prepaid.

102-20    Sec. 264.  1.  The superintendent of a facility may transfer a

102-21  child from one facility to another facility if:

102-22    (a) The Administrator of the Division of Child and Family

102-23  Services consents to the transfer; and

102-24    (b) The transfer is in the best interests of the child.

102-25    2.  If a transfer is made, the general provisions regarding

102-26  placements in a facility apply.

102-27    Sec. 265.  All children committed to a facility must be dealt

102-28  with, so far as practicable, by or in the presence of an attendant

102-29  who is of the same gender as the child.

102-30    Sec. 266.  An employee or officer of a facility must not be

102-31  nominated or appointed as guardian of a person or the estate of a

102-32  person who is or ever has been committed to a facility, unless the

102-33  employee or officer is related by blood to the person who is or has

102-34  been committed to the facility.

102-35    Sec. 267.  Upon the recommendation of a physician who

102-36  attends a child in a facility, the superintendent of the facility may

102-37  authorize the performance of any necessary medical, surgical or

102-38  dental service.

102-39    Sec. 268.  1.  A facility may establish forestry camps for the

102-40  purposes of:

102-41    (a) Securing a satisfactory classification and segregation of

102-42  children according to their capacities, interests and responsiveness

102-43  to control and responsibility;

102-44    (b) Reducing the necessity of extending existing grounds and

102-45  housing facilities; and

103-1     (c) Providing adequate opportunity for reform and

103-2  encouragement of self-discipline.

103-3     2.  Children committed to forestry camps may be required:

103-4     (a) To labor on the buildings and grounds of the forestry

103-5  camp.

103-6     (b) To perform fire prevention work, including, but not limited

103-7  to:

103-8         (1) Building firebreaks and fire trails;

103-9         (2) Fire suppression;

103-10        (3) Making forest roads for fire prevention or fire fighting;

103-11  and

103-12        (4) Forestation and reforestation of public lands.

103-13    (c) To perform other projects prescribed by the superintendent

103-14  of the facility.

103-15    3.  For the purposes of carrying out the provisions of this

103-16  section, the superintendent of a facility may enter into contracts

103-17  with the Federal Government, state officials and various state

103-18  agencies and departments.

103-19    Sec. 269.  1.  After consultation with the Chief of the Youth

103-20  Parole Bureau, the superintendent of a facility may grant parole

103-21  to a child if:

103-22    (a) The child is eligible for parole according to regulations

103-23  established for that purpose; and

103-24    (b) Parole will be in the best interests of the child.

103-25    2.  The superintendent of the facility and the Chief of the

103-26  Youth Parole Bureau shall set the date of the child’s release on

103-27  parole not later than 30 days after the superintendent has given

103-28  the Chief a notice of intent to parole the child.

103-29    3.  Upon being released on parole, the child is under the

103-30  supervision of the Chief of the Youth Parole Bureau.

103-31    Sec. 270. 1.  The superintendent of a facility may grant to a

103-32  child a furlough from the facility to participate in a program or

103-33  treatment if, after consultation with the Chief of the Youth Parole

103-34  Bureau, the superintendent determines that the furlough is in the

103-35  best interests of the child.

103-36    2.  The superintendent of a facility may grant a furlough for a

103-37  period of not more than 90 days.

103-38    3.  While a child is temporarily released from a facility on a

103-39  furlough, the child is under the supervision of the Chief of the

103-40  Youth Parole Bureau.

103-41    Sec. 271.  1.  A petition may be filed with the juvenile court

103-42  to request that the parole of a child be suspended, modified or

103-43  revoked.

103-44    2.  Pending a hearing, the juvenile court may order:

103-45    (a) The return of the child to the facility; or

104-1     (b) If approved by a local or regional facility for the detention

104-2  of children, that the child be held in the local or regional facility.

104-3     3.  If the child is held in a local or regional facility for the

104-4  detention of children pending a hearing, the Youth Parole Bureau

104-5  must pay all actual and reasonably necessary costs for the

104-6  confinement of the child in the local or regional facility.

104-7     4.  If requested, the juvenile court shall allow the child

104-8  reasonable time to prepare for the hearing.

104-9     5.  The juvenile court shall render a decision within 10 days

104-10  after the conclusion of the hearing.

104-11    Sec. 272.  1.  The written order of the superintendent of a

104-12  facility is a sufficient arrest warrant for any peace officer to return

104-13  a child who has escaped from the facility.

104-14    2.  Each peace officer shall execute such an order in the same

104-15  manner as is provided for the execution of criminal process.

104-16    Sec. 273.  A person who knowingly permits or aids a child to

104-17  escape from a facility, or who conceals a child with the intent or

104-18  purpose of enabling him to elude pursuit, shall be punished:

104-19    1.  Where a dangerous weapon is used by the person to

104-20  facilitate the escape or attempted escape, for a category B felony

104-21  by imprisonment in the state prison for a minimum term of not

104-22  less than 1 year and a maximum term of not more than 6 years,

104-23  and may be further punished by a fine of not more than $5,000.

104-24    2.  Where no dangerous weapon is used, for a gross

104-25  misdemeanor.

104-26    Sec. 274.  1.  Upon the escape of a child from a facility, the

104-27  superintendent of the facility shall notify:

104-28    (a) The appropriate law enforcement agency of the escape;

104-29  and

104-30    (b) Immediately thereafter, the public. The notice to the public

104-31  must include a description of the child.

104-32    2.  The superintendent of the facility shall immediately notify

104-33  the public upon the apprehension of the child.

104-34    Sec. 275.  1.  A child may be discharged from a facility upon

104-35  reaching 18 years of age.

104-36    2.  A child must be discharged from a facility upon reaching

104-37  20 years of age.

104-38    Sec. 276.  1.  The Chief of the Youth Parole Bureau may

104-39  appoint such employees as are necessary to carry out the functions

104-40  of the Youth Parole Bureau.

104-41    2.  The Chief of the Youth Parole Bureau may enter into

104-42  contracts with colleges, universities and other organizations for

104-43  the purposes of:

104-44    (a) Conducting research in the field of delinquency and crime

104-45  prevention.

105-1     (b) Training special workers, including social workers and

105-2  parole officers who:

105-3         (1) Work part-time or full-time;

105-4         (2) Work as volunteers or for compensation; and

105-5         (3) Are engaged in the fields of education, recreation,

105-6  mental hygiene and the treatment and prevention of delinquency.

105-7     Sec. 277.  The Chief of the Youth Parole Bureau shall:

105-8     1.  Supervise all children released on parole from a facility.

105-9     2.  Supervise all children released by other states for juvenile

105-10  parole in the State of Nevada pursuant to interstate compact.

105-11    3.  Furnish to each child paroled:

105-12    (a) A written statement of the conditions of the parole; and

105-13    (b) Instructions regarding those conditions.

105-14    4.  Keep himself informed concerning the conduct and

105-15  condition of all children and employees under his supervision.

105-16    5.  Coordinate his functions with those of the superintendents

105-17  of each facility.

105-18    Sec. 278.  1.  Each child who is paroled from a facility must

105-19  be placed in:

105-20    (a) A reputable home; and

105-21    (b) An educational program or a work program, or both.

105-22    2.  The Chief of the Youth Parole Bureau may pay the

105-23  expenses incurred in providing alternative placements for

105-24  residential programs and for structured nonresidential programs

105-25  from money appropriated to the Youth Parole Bureau for that

105-26  purpose.

105-27    Sec. 279.  1.  The Chief of the Youth Parole Bureau may

105-28  accept from a child who is paroled money and other valuables for

105-29  safekeeping pending the discharge of the child from parole.

105-30    2.  If the Chief of the Youth Parole Bureau accepts from a

105-31  child who is paroled money or other valuables for safekeeping, the

105-32  Chief shall:

105-33    (a) Deposit the money in an account in a qualified financial

105-34  institution.

105-35    (b) Keep a full account of any money and valuables; and

105-36    (c) Submit reports to the Administrator of the Division of Child

105-37  and Family Services regarding the money and valuables as the

105-38  Administrator may require.

105-39    3.  When a child is discharged from parole, the Chief of the

105-40  Youth Parole Bureau shall:

105-41    (a) Issue to the child a check in the amount of the balance

105-42  held in the account for the child; and

105-43    (b) Return to the child any valuables held for safekeeping.

106-1     Sec. 280.  If a child has been paroled, the Chief of the Youth

106-2  Parole Bureau shall apply to the juvenile court for a dismissal of

106-3  all proceedings and accusations pending against the child if:

106-4     1.  The child has proven his ability to make an acceptable

106-5  adjustment outside the facility; or

106-6     2.  In the opinion of the Chief, the child is no longer

106-7  amenable to treatment as a juvenile.

106-8     Sec. 281.  The Chief of the Youth Parole Bureau may

106-9  recommend to the juvenile court that a child’s parole be revoked

106-10  and that the child be committed to a facility unless the

106-11  superintendent of the facility determines that:

106-12    1.  There is not adequate room or resources in the facility to

106-13  provide the necessary care;

106-14    2.  There is not adequate money available for the support of

106-15  the facility; or

106-16    3.  The child is not suitable for admission to the facility.

106-17    Sec. 282.  1.  If there is probable cause to believe that a child

106-18  has violated his parole, the written order of the Chief of the Youth

106-19  Parole Bureau is a sufficient arrest warrant for any peace officer

106-20  to take the child into custody, pending return of the child to the

106-21  juvenile court.

106-22    2.  Each peace officer or parole officer shall execute such an

106-23  order in the same manner as is provided for the execution of

106-24  criminal process.

106-25    Sec. 283.  Title 5 of NRS is hereby amended by adding thereto

106-26  a new chapter to consist of the provisions set forth as sections 284 to

106-27  290, inclusive, of this act.

106-28    Sec. 284.  The Governor is hereby authorized and directed to

106-29  execute a compact on behalf of this state with any other state or

106-30  states legally joining therein in the form substantially as follows:

 

106-31  Interstate Compact on Juveniles

 

106-32    The contracting states solemnly agree:

 

106-33  ARTICLE I—Findings and Purposes

 

106-34    That juveniles who are not under proper supervision and

106-35  control, or who have absconded, escaped or run away, are likely to

106-36  endanger their own health, morals and welfare, and the health,

106-37  morals and welfare of others. The cooperation of the states party

106-38  to this compact is therefore necessary to provide for the welfare

106-39  and protection of juveniles and of the public with respect to (1)

106-40  cooperative supervision of delinquent juveniles on probation or

106-41  parole; (2) the return, from one state to another, of delinquent

107-1  juveniles who have escaped or absconded; (3) the return, from one

107-2  state to another, of nondelinquent juveniles who have run away

107-3  from home; and (4) additional measures for the protection of

107-4  juveniles and of the public, which any two or more of the party

107-5  states may find desirable to undertake cooperatively. In carrying

107-6  out the provisions of this compact the party states shall be guided

107-7  by the noncriminal, reformative and protective policies which

107-8  guide their laws concerning delinquent, neglected or dependent

107-9  juveniles generally. It shall be the policy of the states party to this

107-10  compact to cooperate and observe their respective responsibilities

107-11  for the prompt return and acceptance of juveniles and delinquent

107-12  juveniles who become subject to the provisions of this compact.

107-13  The provisions of this compact shall be reasonably and liberally

107-14  construed to accomplish the foregoing purposes.

 

107-15  ARTICLE II—Existing Rights and Remedies

 

107-16    That all remedies and procedures provided by this compact

107-17  shall be in addition to and not in substitution for other rights,

107-18  remedies and procedures, and shall not be in derogation of

107-19  parental rights and responsibilities.

 

107-20  ARTICLE III—Definitions

 

107-21    That, for the purposes of this compact, “delinquent juvenile”

107-22  means any juvenile who has been adjudged delinquent and who,

107-23  at the time the provisions of this compact are invoked, is still

107-24  subject to the jurisdiction of the court that has made such

107-25  adjudication or to the jurisdiction or supervision of an agency or

107-26  institution pursuant to an order of such court; “probation or

107-27  parole” means any kind of conditional release of juveniles

107-28  authorized under the laws of the states party hereto; “court”

107-29  means any court having jurisdiction over delinquent, neglected or

107-30  dependent children; “state” means any state, territory or

107-31  possession of the United States, the District of Columbia, and the

107-32  Commonwealth of Puerto Rico; and “residence” or any variant

107-33  thereof means a place at which a home or regular place of abode

107-34  is maintained.

 

107-35  ARTICLE IV—Return of Runaways

 

107-36    (a) That the parent, guardian, person or agency entitled to

107-37  legal custody of a juvenile who has not been adjudged delinquent

107-38  but who has run away without the consent of such parent,

107-39  guardian, person or agency may petition the appropriate court in

108-1  the demanding state for the issuance of a requisition for his

108-2  return. The petition shall state the name and age of the juvenile,

108-3  the name of the petitioner and the basis of entitlement to the

108-4  juvenile’s custody, the circumstances of his running away, his

108-5  location if known at the time application is made, and such other

108-6  facts as may tend to show that the juvenile who has run away is

108-7  endangering his own welfare or the welfare of others and is not an

108-8  emancipated minor. The petition shall be verified by affidavit,

108-9  shall be executed in duplicate, and shall be accompanied by two

108-10  certified copies of the document or documents on which the

108-11  petitioner’s entitlement to the juvenile’s custody is based, such as

108-12  birth certificates, letters of guardianship, or custody decrees. Such

108-13  further affidavits and other documents as may be deemed proper

108-14  may be submitted with such petition. The judge of the court to

108-15  which this application is made may hold a hearing thereon to

108-16  determine whether for the purposes of this compact the petitioner

108-17  is entitled to the legal custody of the juvenile, whether or not it

108-18  appears that the juvenile has in fact run away without consent,

108-19  whether or not he is an emancipated minor, and whether or not it

108-20  is in the best interest of the juvenile to compel his return to the

108-21  state. If the judge determines, either with or without a hearing,

108-22  that the juvenile should be returned, he shall present to the

108-23  appropriate court or to the executive authority of the state where

108-24  the juvenile is alleged to be located a written requisition for the

108-25  return of such juvenile. Such requisition shall set forth the name

108-26  and age of the juvenile, the determination of the court that the

108-27  juvenile has run away without the consent of a parent, guardian,

108-28  person or agency entitled to his legal custody, and that it is in the

108-29  best interest and for the protection of such juvenile that he be

108-30  returned. In the event that a proceeding for the adjudication of the

108-31  juvenile as a delinquent, neglected or dependent juvenile is

108-32  pending in the court at the time when such juvenile runs away, the

108-33  court may issue a requisition for the return of such juvenile upon

108-34  its own motion, regardless of the consent of the parent, guardian,

108-35  person or agency entitled to legal custody, reciting therein the

108-36  nature and circumstances of the pending proceeding. The

108-37  requisition shall in every case be executed in duplicate and shall

108-38  be signed by the judge. One copy of the requisition shall be filed

108-39  with the compact administrator of the demanding state, there to

108-40  remain on file subject to the provisions of law governing records

108-41  of such court. Upon the receipt of a requisition demanding the

108-42  return of a juvenile who has run away, the court or the executive

108-43  authority to whom the requisition is addressed shall issue an order

108-44  to any peace officer or other appropriate person directing him to

108-45  take into custody and detain such juvenile. Such detention order

109-1  must substantially recite the facts necessary to the validity of its

109-2  issuance hereunder. No juvenile detained upon such order shall

109-3  be delivered over to the officer whom the court demanding him

109-4  shall have appointed to receive him, unless he shall first be taken

109-5  forthwith before a judge of a court in the state, who shall inform

109-6  him of the demand made for his return, and who may appoint

109-7  counsel or guardian ad litem for him. If the judge of such court

109-8  shall find that the requisition is in order, he shall deliver such

109-9  juvenile over to the officer whom the court demanding him shall

109-10  have appointed to receive him. The judge, however, may fix a

109-11  reasonable time to be allowed for the purpose of testing the

109-12  legality of the proceeding.

109-13    Upon reasonable information that a person is a juvenile who

109-14  has run away from another state party to this compact without the

109-15  consent of a parent, guardian, person or agency entitled to his

109-16  legal custody, such juvenile may be taken into custody without a

109-17  requisition and brought forthwith before a judge of the

109-18  appropriate court who may appoint counsel or guardian ad litem

109-19  for such juvenile and who shall determine after a hearing whether

109-20  sufficient cause exists to hold the person, subject to the order of

109-21  the court, for his own protection and welfare, for such a time not

109-22  exceeding 90 days as will enable his return to another state party

109-23  to this compact pursuant to a requisition for his return from a

109-24  court of that state. If, at the time when a state seeks the return of a

109-25  juvenile who has run away, there is pending in the state wherein

109-26  he is found any criminal charge, or any proceeding to have him

109-27  adjudicated a delinquent juvenile for an act committed in such

109-28  state, or if he is suspected of having committed within such state a

109-29  criminal offense or an act of juvenile delinquency, he shall not be

109-30  returned without the consent of such state until discharged from

109-31  prosecution or other form of proceeding, imprisonment, detention

109-32  or supervision for such offense or juvenile delinquency. The duly

109-33  accredited officers of any state party to this compact, upon the

109-34  establishment of their authority and the identity of the juvenile

109-35  being returned, shall be permitted to transport such juvenile

109-36  through any and all states party to this compact, without

109-37  interference. Upon his return to the state from which he ran away,

109-38  the juvenile shall be subject to such further proceedings as may be

109-39  appropriate under the laws of that state.

109-40    (b) That the state to which a juvenile is returned under this

109-41  Article shall be responsible for payment of the transportation costs

109-42  of such return.

109-43    (c) That “juvenile” as used in this Article means any person

109-44  who is a minor under the law of the state of residence of the

110-1  parent, guardian, person or agency entitled to the legal custody of

110-2  such minor.

 

110-3  ARTICLE V—Return of Escapees and Absconders

 

110-4     (a) That the appropriate person or authority from whose

110-5  probation or parole supervision a delinquent juvenile has

110-6  absconded or from whose institutional custody he has escaped

110-7  shall present to the appropriate court or to the executive authority

110-8  of the state where the delinquent juvenile is alleged to be located a

110-9  written requisition for the return of such delinquent juvenile. Such

110-10  requisitions shall state the name and age of the delinquent

110-11  juvenile, the particulars of his adjudication as a delinquent

110-12  juvenile, the circumstances of the breach of the terms of his

110-13  probation or parole or of his escape from an institution or agency

110-14  vested with his legal custody or supervision, and the location of

110-15  such delinquent juvenile, if known, at the time the requisition is

110-16  made. The requisition shall be verified by affidavit, shall be

110-17  executed in duplicate, and shall be accompanied by two certified

110-18  copies of the judgment, formal adjudication, or order of

110-19  commitment which subjects such delinquent juvenile to probation

110-20  or parole or to the legal custody of the institution or agency

110-21  concerned. Such further affidavits and other documents as may be

110-22  deemed proper may be submitted with such requisition. One copy

110-23  of the requisition shall be filed with the compact administrator of

110-24  the demanding state, there to remain on file subject to the

110-25  provisions of law governing records of the appropriate court.

110-26  Upon the receipt of a requisition demanding the return of a

110-27  delinquent juvenile who has absconded or escaped, the court or

110-28  the executive authority to whom the requisition is addressed shall

110-29  issue an order to any peace officer or other appropriate person

110-30  directing him to take into custody and detain such delinquent

110-31  juvenile. Such detention order must substantially recite the fact

110-32  necessary to the validity of its issuance hereunder. No delinquent

110-33  juvenile detained upon such order shall be delivered over to the

110-34  officer whom the appropriate person or authority demanding him

110-35  shall have appointed to receive him, unless he shall first be taken

110-36  forthwith before a judge of an appropriate court in the state, who

110-37  shall inform him of the demand made for his return and who may

110-38  appoint counsel or guardian ad litem for him. If the judge of such

110-39  court shall find that the requisition is in order, he shall deliver

110-40  such delinquent juvenile over to the officer whom the appropriate

110-41  person or authority demanding him shall have appointed to

110-42  receive him. The judge, however, may fix a reasonable time to be

110-43  allowed for the purpose of testing the legality of the proceeding.

111-1     Upon reasonable information that a person is a delinquent

111-2  juvenile who has absconded while on probation or parole, or

111-3  escaped from an institution or agency vested with his legal custody

111-4  or supervision in any state party to this compact, such person may

111-5  be taken into custody in any other state party to this compact

111-6  without a requisition. But in such event, he must be taken

111-7  forthwith before a judge of the appropriate court, who may

111-8  appoint counsel or guardian ad litem for such person and who

111-9  shall determine, after a hearing, whether sufficient cause exists to

111-10  hold the person subject to the order of the court for such a time,

111-11  not exceeding 90 days, as will enable his detention under a

111-12  detention order issued on a requisition pursuant to this Article. If,

111-13  at the time when a state seeks the return of a delinquent juvenile

111-14  who has either absconded while on probation or parole or escaped

111-15  from an institution or agency vested with his legal custody or

111-16  supervision, there is pending in the state wherein he is detained

111-17  any criminal charge or any proceeding to have him adjudicated a

111-18  delinquent juvenile for an act committed in such state, or if he is

111-19  suspected of having committed within such state a criminal

111-20  offense or an act of juvenile delinquency, he shall not be returned

111-21  without the consent of such state until discharged from

111-22  prosecution or other form of proceeding, imprisonment, detention

111-23  or supervision for such offense or juvenile delinquency. The duly

111-24  accredited officers of any state party to this compact, upon the

111-25  establishment of their authority and the identity of the delinquent

111-26  juvenile being returned, shall be permitted to transport such

111-27  delinquent juvenile through any and all states party to this

111-28  compact, without interference. Upon his return to the state from

111-29  which he escaped or absconded, the delinquent juvenile shall be

111-30  subject to such further proceedings as may be appropriate under

111-31  the laws of that state.

111-32    (b) That the state to which a delinquent juvenile is returned

111-33  under this Article shall be responsible for payment of the

111-34  transportation costs of such return.

 

111-35  ARTICLE VI—Voluntary Return Procedure

 

111-36    That any delinquent juvenile who has absconded while on

111-37  probation or parole, or escaped from an institution or agency

111-38  vested with his legal custody or supervision in any state party to

111-39  this compact, and any juvenile who has run away from any state

111-40  party to this compact, who is taken into custody without a

111-41  requisition in another state party to this compact under the

111-42  provisions of Article IV (a) or of Article V (a), may consent to his

111-43  immediate return to the state from which he absconded, escaped

112-1  or ran away. Such consent shall be given by the juvenile or

112-2  delinquent juvenile and his counsel or guardian ad litem, if any,

112-3  by executing or subscribing a writing, in the presence of a judge of

112-4  the appropriate court, which states that the juvenile or delinquent

112-5  juvenile and his counsel or guardian ad litem, if any, consent to

112-6  his return to the demanding state. Before such consent shall be

112-7  executed or subscribed, however, the judge, in the presence of

112-8  counsel or guardian ad litem, if any, shall inform the juvenile or

112-9  delinquent juvenile of his rights under this compact. When the

112-10  consent has been duly executed, it shall be forwarded to and filed

112-11  with the compact administrator of the state in which the court is

112-12  located and the judge shall direct the officer having the juvenile or

112-13  delinquent juvenile in custody to deliver him to the duly accredited

112-14  officer or officers of the state demanding his return, and shall

112-15  cause to be delivered to such officer or officers a copy of the

112-16  consent. The court may, however, upon the request of the state to

112-17  which the juvenile or delinquent juvenile is being returned, order

112-18  him to return unaccompanied to such state and shall provide him

112-19  with a copy of such court order; in such event a copy of the

112-20  consent shall be forwarded to the compact administrator of the

112-21  state to which said juvenile or delinquent juvenile is ordered to

112-22  return.

 

112-23  ARTICLE VII—Cooperative Supervision of

112-24  Probationers and Parolees

 

112-25    (a) That the duly constituted judicial and administrative

112-26  authorities of a state party to this compact (herein called “sending

112-27  state”) may permit any delinquent juvenile within such state,

112-28  placed on probation or parole, to reside in any other state party to

112-29  this compact (herein called “receiving state”) while on probation

112-30  or parole, and the receiving state shall accept such delinquent

112-31  juvenile, if the parent, guardian or person entitled to the legal

112-32  custody of such delinquent juvenile is residing or undertakes to

112-33  reside within the receiving state. Before granting such permission,

112-34  opportunity shall be given to the receiving state to make such

112-35  investigations as it deems necessary. The authorities of the

112-36  sending state shall send to the authorities of the receiving state

112-37  copies of pertinent court orders, social case studies and all other

112-38  available information which may be of value to and assist the

112-39  receiving state in supervising a probationer or parolee under this

112-40  compact. A receiving state, in its discretion, may agree to accept

112-41  supervision of a probationer or a parolee in cases where the

112-42  parent, guardian or person entitled to the legal custody of the

112-43  delinquent juvenile is not a resident of the receiving state, and if

113-1  so accepted the sending state may transfer supervision

113-2  accordingly.

113-3     (b) That each receiving state will assume the duties of

113-4  visitation and of supervision over any such delinquent juvenile

113-5  and in the exercise of those duties will be governed by the same

113-6  standards of visitation and supervision that prevail for its own

113-7  delinquent juveniles released on probation or parole.

113-8     (c) That, after consultation between the appropriate authorities

113-9  of the sending state and of the receiving state as to the desirability

113-10  and necessity of returning such a delinquent juvenile, the duly

113-11  accredited officers of a sending state may enter a receiving state

113-12  and there apprehend and retake any such delinquent juvenile on

113-13  probation or parole. For that purpose, no formalities will be

113-14  required, other than establishing the authority of the officer and

113-15  the identity of the delinquent juvenile to be retaken and returned.

113-16  The decision of the sending state to retake a delinquent juvenile

113-17  on probation or parole shall be conclusive upon and not

113-18  reviewable within the receiving state, but if, at the time the sending

113-19  state seeks to retake a delinquent juvenile on probation or parole,

113-20  there is pending against him within the receiving state any

113-21  criminal charge or any proceeding to have him adjudicated a

113-22  delinquent juvenile for any act committed in such state, or if he is

113-23  suspected of having committed within such state a criminal

113-24  offense or an act of juvenile delinquency, he shall not be returned

113-25  without the consent of the receiving state until discharged from

113-26  prosecution or other form of proceeding, imprisonment, detention

113-27  or supervision for such offense or juvenile delinquency. The duly

113-28  accredited officers of the sending state shall be permitted to

113-29  transport delinquent juveniles being so returned through any and

113-30  all states party to this compact, without interference.

113-31    (d) That the sending state shall be responsible under this

113-32  Article for paying the costs of transporting any delinquent juvenile

113-33  to the receiving state or of returning any delinquent juvenile to the

113-34  sending state.

 

113-35  ARTICLE VIII—Responsibility for Costs

 

113-36    (a) That the provisions of Articles IV (b), V (b) and VII (d) of

113-37  this compact shall not be construed to alter or affect any internal

113-38  relationship among the departments, agencies and officers of and

113-39  in the government of a party state, or between a party state and its

113-40  subdivisions, as to the payment of costs, or responsibilities

113-41  therefor.

113-42    (b) That nothing in this compact shall be construed to prevent

113-43  any party state or subdivision thereof from asserting any right

114-1  against any person, agency or other entity in regard to costs for

114-2  which such party state or subdivision thereof may be responsible

114-3  pursuant to Articles IV (b), V (b) or VII (d) of this compact.

 

114-4  ARTICLE IX—Detention Practices

 

114-5     That, to every extent possible, it shall be the policy of states

114-6  party to this compact that no juvenile or delinquent juvenile shall

114-7  be placed or detained in any prison, jail or lockup nor be detained

114-8  or transported in association with criminal, vicious or dissolute

114-9  persons.

 

114-10  ARTICLE X—Supplementary Agreements

 

114-11    That the duly constituted administrative authorities of a state

114-12  party to this compact may enter into supplementary agreements

114-13  with any other state or states party hereto for the cooperative care,

114-14  treatment and rehabilitation of delinquent juveniles whenever they

114-15  shall find that such agreements will improve the facilities or

114-16  programs available for such care, treatment and rehabilitation.

114-17  Such care, treatment and rehabilitation may be provided in an

114-18  institution located within any state entering into such

114-19  supplementary agreement. Such supplementary agreements shall

114-20  (1) provide the rates to be paid for the care, treatment and custody

114-21  of such delinquent juveniles, taking into consideration the

114-22  character of facilities, services and subsistence furnished; (2)

114-23  provide that the delinquent juvenile shall be given a court hearing

114-24  prior to his being sent to another state for care, treatment and

114-25  custody; (3) provide that the state receiving such a delinquent

114-26  juvenile in one of its institutions shall act solely as agent for the

114-27  state sending such delinquent juvenile; (4) provide that the

114-28  sending state shall at all times retain jurisdiction over delinquent

114-29  juveniles sent to an institution in another state; (5) provide for

114-30  reasonable inspection of such institutions by the sending state; (6)

114-31  provide that the consent of the parent, guardian, person or agency

114-32  entitled to the legal custody of said delinquent juvenile shall be

114-33  secured prior to his being sent to another state; and (7) make

114-34  provision for such other matters and details as shall be necessary

114-35  to protect the rights and equities of such delinquent juveniles and

114-36  of the cooperating states.

 

114-37  ARTICLE XI—Acceptance of Federal and Other Aid

 

114-38    That any state party to this compact may accept any and all

114-39  donations, gifts and grants of money, equipment and services from

115-1  the federal or any local government, or any agency thereof and

115-2  from any person, firm or corporation, for any of the purposes and

115-3  functions of this compact, and may receive and utilize the same

115-4  subject to the terms, conditions and regulations governing such

115-5  donations, gifts and grants.

 

115-6  ARTICLE XII—Compact Administrators

 

115-7     That the governor of each state party to this compact shall

115-8  designate an officer who, acting jointly with like officers of other

115-9  party states, shall promulgate rules and regulations to carry out

115-10  more effectively the terms and provisions of this compact.

 

115-11  ARTICLE XIII—Execution of Compact

 

115-12    That this compact shall become operative immediately upon its

115-13  execution by any state as between it and any other state or states

115-14  so executing. When executed it shall have the full force and effect

115-15  of law within such state, the form of execution to be in accordance

115-16  with the laws of the executing state.

 

115-17  ARTICLE XIV—Renunciation

 

115-18    That this compact shall continue in force and remain binding

115-19  upon each executing state until renounced by it. Renunciation of

115-20  this compact shall be by the same authority which executed it, by

115-21  sending 6 months’ notice in writing of its intention to withdraw

115-22  from the compact to the other states party hereto. The duties and

115-23  obligations of a renouncing state under Article VII hereof shall

115-24  continue as to parolees and probationers residing therein at the

115-25  time of withdrawal until retaken or finally discharged.

115-26  Supplementary agreements entered into under Article X hereof

115-27  shall be subject to renunciation as provided by such

115-28  supplementary agreements, and shall not be subject to the 6

115-29  months’ renunciation notice of the present Article.

 

115-30  ARTICLE XV—Severability

 

115-31    That the provisions of this compact shall be severable and if

115-32  any phrase, clause, sentence or provision of this compact is

115-33  declared to be contrary to the constitution of any participating

115-34  state or of the United States or the applicability thereof to any

115-35  government, agency, person or circumstance is held invalid, the

115-36  validity of the remainder of this compact and the applicability

115-37  thereof to any government, agency, person or circumstance shall

116-1  not be affected thereby. If this compact shall be held contrary to

116-2  the constitution of any state participating therein, the compact

116-3  shall remain in full force and effect as to the remaining states and

116-4  in full force and effect as to the state affected as to all severable

116-5  matters.

116-6     Sec. 285.  The Governor is hereby directed to execute an

116-7  amendment to the Interstate Compact on Juveniles on behalf of

116-8  this state in the form substantially as follows:

 

116-9  AMENDMENT I—Rendition

 

116-10    This amendment provides additional remedies and is binding

116-11  only on states which specifically execute a similar provision:

116-12    All provisions and procedures of Articles V and VI of the

116-13  Interstate Compact on Juveniles apply to any juvenile charged

116-14  with being a delinquent by reason of his alleged violation of any

116-15  criminal law. Any such juvenile must be returned to the requesting

116-16  state upon a requisition issued to the state where the juvenile may

116-17  be found. A petition alleging the juvenile’s delinquency must be

116-18  filed in a court of competent jurisdiction in the requesting state

116-19  where the violation of criminal law is alleged to have been

116-20  committed. The requisition may be issued regardless of whether

116-21  the juvenile left the state before or after the filing of the petition.

116-22  The requisition, as described in Article V of the Compact, must be

116-23  forwarded by the judge of the court in which the petition is filed.

116-24    Sec. 286.  Pursuant to such Compact, the Governor is hereby

116-25  authorized and empowered to designate an officer who shall be the

116-26  Compact Administrator and who, acting jointly with similar

116-27  officers of other party states, shall promulgate rules and

116-28  regulations to carry out more effectively the terms of the Compact.

116-29  Such Compact Administrator shall serve subject to the pleasure of

116-30  the Governor. The Compact Administrator is hereby authorized,

116-31  empowered and directed to cooperate with all departments,

116-32  agencies and officers of and in the government of this state and its

116-33  subdivisions in facilitating the proper administration of the

116-34  Compact or of any supplementary agreement or agreements

116-35  entered into by this state under such Compact.

116-36    Sec. 287.  The Compact Administrator is hereby authorized

116-37  and empowered to enter into supplementary agreements with

116-38  appropriate officials of other states pursuant to the Compact. In

116-39  the event that such supplementary agreement shall require or

116-40  contemplate the use of any institution or facility of this state or

116-41  require or contemplate the provision of any service by this state,

116-42  such supplementary agreement shall have no force or effect until

116-43  approved by the head of the department or agency under whose

117-1  jurisdiction such institution or facility is operated or whose

117-2  department or agency will be charged with the rendering of such

117-3  service.

117-4     Sec. 288.  All claims which arise pursuant to the provisions of

117-5  this chapter must be paid from the Reserve for Statutory

117-6  Contingency Account upon approval by the Compact

117-7  Administrator.

117-8     Sec. 289.  1.  Any judge of this state who appoints counsel or

117-9  a guardian ad litem pursuant to the provisions of this Compact

117-10  may, in his discretion, fix a fee not exceeding $500.

117-11    2.  Such fees shall be paid out on claims as other claims

117-12  against the State are paid upon approval of the Compact

117-13  Administrator and presentation of the certificate of the judge that

117-14  such person has performed the services required of him.

117-15    Sec. 290.  The courts, departments, agencies and officers of

117-16  this state and its subdivisions shall enforce and effectuate the

117-17  purposes and intent of the Compact.

117-18    Sec. 291.  NRS 3.025 is hereby amended to read as follows:

117-19    3.025  1.  In each judicial district that includes a county whose

117-20  population is 100,000 or more, the district judges of that judicial

117-21  district shall choose from among those district judges a chief judge

117-22  who is to be the presiding judge of the judicial district.

117-23    2.  The chief judge shall:

117-24    (a) Assign cases to each judge in the judicial district;

117-25    (b) Prescribe the hours of court;

117-26    (c) Adopt such other rules or regulations as are necessary for the

117-27  orderly conduct of court business; and

117-28    (d) Perform all other duties of the chief judge or of a presiding

117-29  judge that are set forth in this chapter and any other provision of

117-30  NRS.

117-31    3.  If a case involves a matter within the jurisdiction of the

117-32  family court and:

117-33    (a) The parties to the case are also the parties in any other

117-34  pending case or were the parties in any other previously decided

117-35  case assigned to a department of the family court in the judicial

117-36  district; or

117-37    (b) A child involved in the case is also involved in any other

117-38  pending case or was involved in any other previously decided case

117-39  assigned to a department of the family court in the judicial district,

117-40  other than a case within the jurisdiction of the juvenile court

117-41  pursuant to [chapter 62] title 5 of NRS,

117-42  the chief judge shall assign the case to the department of the family

117-43  court to which the other case is presently assigned or, if the other

117-44  case has been decided, to the department of the family court that

117-45  decided the other case, unless a different assignment is required by

118-1  another provision of NRS, a court rule or the Nevada Code of

118-2  Judicial Conduct or the chief judge determines that a different

118-3  assignment is necessary because of considerations related to the

118-4  management of the caseload of the district judges within the judicial

118-5  district. If a case described in this subsection is heard initially by a

118-6  master, the recommendation, report or order of the master must be

118-7  submitted to the district judge of the department of the family court

118-8  to which the case has been assigned pursuant to this subsection for

118-9  consideration and decision by that district judge.

118-10    Sec. 292.  NRS 3.223 is hereby amended to read as follows:

118-11    3.223  1.  Except if the child involved is subject to the

118-12  jurisdiction of an Indian tribe pursuant to the Indian Child Welfare

118-13  Act of 1978 , [(]25 U.S.C. §§ 1901 et seq. , [),] in each judicial

118-14  district in which it is established, the family court has original,

118-15  exclusive jurisdiction in any proceeding:

118-16    (a) Brought pursuant to chapter 31A[, 62,] of NRS, title 5 of

118-17  NRS, chapter 123, 125, 125A, 125B, 125C, 126, 127, 128, 129,

118-18  130, 159, 425 or 432B of NRS, except to the extent that a specific

118-19  statute authorizes the use of any other judicial or administrative

118-20  procedure to facilitate the collection of an obligation for support.

118-21    (b) Brought pursuant to NRS 442.255 and 442.2555 to request

118-22  the court to issue an order authorizing an abortion.

118-23    (c) For judicial approval of the marriage of a minor.

118-24    (d) Otherwise within the jurisdiction of the juvenile court.

118-25    (e) To establish the date of birth, place of birth or parentage of a

118-26  minor.

118-27    (f) To change the name of a minor.

118-28    (g) For a judicial declaration of the sanity of a minor.

118-29    (h) To approve the withholding or withdrawal of life-sustaining

118-30  procedures from a person as authorized by law.

118-31    (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,

118-32  for an involuntary court-ordered admission to a mental health

118-33  facility.

118-34    2.  The family court, where established, and the justices’ court

118-35  have concurrent jurisdiction over actions for the issuance of a

118-36  temporary or extended order for protection against domestic

118-37  violence.

118-38    3.  The family court, where established, and the district court,

118-39  have concurrent jurisdiction over any action for damages brought

118-40  pursuant to NRS 41.134 by a person who suffered injury as the

118-41  proximate result of an act that constitutes domestic violence.

118-42    Sec. 293.  NRS 3.227 is hereby amended to read as follows:

118-43    3.227  In each judicial district that includes a county whose

118-44  population is 100,000 or more:

119-1     1.  The clerk of the district court shall develop an information

119-2  form for family court. The information form for family court must

119-3  be:

119-4     (a) Approved by the chief judge; and

119-5     (b) Used to obtain the information described in subsection 2

119-6  from a party who files the initial pleading in a case that involves a

119-7  matter within the jurisdiction of the family court.

119-8     2.  A party may not file in the district court the initial pleading

119-9  in a case that involves a matter within the jurisdiction of the family

119-10  court unless, at the same time that the party files the initial pleading,

119-11  the party files an information form for family court which is signed

119-12  by the party, his attorney or other legal representative and which

119-13  specifies:

119-14    (a) Whether the party is also a party in any other pending case or

119-15  was a party in any other previously decided case assigned to a

119-16  department of the family court in the judicial district;

119-17    (b) Whether any other party in the initial pleading is also a party

119-18  in any other pending case or was a party in any other previously

119-19  decided case assigned to a department of the family court in the

119-20  judicial district;

119-21    (c) Whether a child involved in the case is also involved in any

119-22  other pending case or was involved in any other previously decided

119-23  case assigned to a department of the family court in the judicial

119-24  district, other than a case within the jurisdiction of the juvenile court

119-25  pursuant to [chapter 62] title 5 of NRS; and

119-26    (d) Any other information that the chief judge determines must

119-27  be provided on the information form for family court, including,

119-28  without limitation, any other information concerning a case

119-29  described in paragraph (a), (b) or (c).

119-30    3.  The chief judge and the clerk of the district court shall use

119-31  the information provided on the information form for family court to

119-32  assign cases to a department of the family court in accordance with

119-33  subsection 3 of NRS 3.025.

119-34    Sec. 294.  NRS 49.295 is hereby amended to read as follows:

119-35    49.295  1.  Except as otherwise provided in subsections 2 and

119-36  3 and NRS 49.305:

119-37    (a) A husband cannot be examined as a witness for or against his

119-38  wife without his consent, nor a wife for or against her husband

119-39  without her consent.

119-40    (b) Neither a husband nor a wife can be examined, during the

119-41  marriage or afterwards, without the consent of the other, as to any

119-42  communication made by one to the other during marriage.

119-43    2.  The provisions of subsection 1 do not apply to a:

119-44    (a) Civil proceeding brought by or on behalf of one spouse

119-45  against the other spouse;

120-1     (b) Proceeding to commit or otherwise place a spouse, the

120-2  property of the spouse or both the spouse and the property of the

120-3  spouse under the control of another because of the alleged mental or

120-4  physical condition of the spouse;

120-5     (c) Proceeding brought by or on behalf of a spouse to establish

120-6  his competence;

120-7     (d) Proceeding in the juvenile court or family court pursuant to

120-8  [chapter 62] title 5 of NRS [and] or NRS 432B.410 to 432B.590,

120-9  inclusive; or

120-10    (e) Criminal proceeding in which one spouse is charged with:

120-11        (1) A crime against the person or the property of the other

120-12  spouse or of a child of either, or of a child in the custody or control

120-13  of either, whether the crime was committed before or during

120-14  marriage.

120-15        (2) Bigamy or incest.

120-16        (3) A crime related to abandonment of a child or nonsupport

120-17  of a wife or child.

120-18    3.  The provisions of subsection 1 do not apply in any criminal

120-19  proceeding to events which took place before the husband and wife

120-20  were married.

120-21    Sec. 295.  NRS 128.0155 is hereby amended to read as

120-22  follows:

120-23    128.0155  “Plan” means:

120-24    1.  A written agreement between the parents of a child who is [a

120-25  ward] subject to the jurisdiction of the juvenile court or family

120-26  court pursuant to [chapter 62] title 5 of NRS or chapter 432B of

120-27  NRS and the agency having custody of the child; or

120-28    2.  Written conditions and obligations imposed upon the parents

120-29  directly by the juvenile or family court,

120-30  which have a primary objective of reuniting the family or, if the

120-31  parents neglect or refuse to comply with the terms and conditions of

120-32  the case plan, freeing the child for adoption.

120-33    Sec. 296.  NRS 128.023 is hereby amended to read as follows:

120-34    128.023  1.  If proceedings pursuant to this chapter involve the

120-35  termination of parental rights of the parent of an Indian child, the

120-36  court shall:

120-37    (a) Cause the Indian child’s tribe to be notified in writing in

120-38  the manner provided in the Indian Child Welfare Act. If the Indian

120-39  child is eligible for membership in more than one tribe, each tribe

120-40  must be notified.

120-41    (b) Transfer the proceedings to the Indian child’s tribe in

120-42  accordance with the Indian Child Welfare Act.

120-43    (c) If a tribe declines or is unable to exercise jurisdiction,

120-44  exercise its jurisdiction as provided in the Indian Child Welfare Act.

121-1     2.  If the court determines that the parent of an Indian child for

121-2  whom termination of parental rights is sought is indigent, the court:

121-3     (a) Shall appoint an attorney to represent the parent;

121-4     (b) May appoint an attorney to represent the Indian child; and

121-5     (c) May apply to the Secretary of the Interior for the payment of

121-6  the fees and expenses of such an attorney,

121-7  as provided in the Indian Child Welfare Act.

121-8     Sec. 297.  NRS 129.080 is hereby amended to read as follows:

121-9     129.080  Any minor who is at least 16 years of age, who is

121-10  married or living apart from his parents or legal guardian, and who

121-11  is a resident of the county, may petition the juvenile [division or

121-12  family division of the district] court of that county for a decree of

121-13  emancipation. The district court may refer the petition to a master

121-14  appointed pursuant to [chapter 62] title 5 of NRS or chapter 432B

121-15  of NRS.

121-16    Sec. 298.  NRS 129.110 is hereby amended to read as follows:

121-17    129.110  1.  A copy of the notice issued pursuant to NRS

121-18  129.100, together with a copy of the petition, must be served upon:

121-19    (a) The parents or legal guardian of the minor or , if the parents

121-20  or legal guardian cannot be found, the nearest known relative of the

121-21  minor residing within this state, if any;

121-22    (b) The legal custodian of the minor, if any;

121-23    (c) The appropriate probation officer or parole officer for his

121-24  review and recommendation, if the minor is [a ward of the court;]

121-25  subject to the jurisdiction of the court pursuant to title 5 of NRS;

121-26  and

121-27    (d) The district attorney of the county in which the matter is to

121-28  be heard.

121-29    2.  Service of the notice and petition may be made in any

121-30  manner permitted by N.R.C.P. 4. Return of service must be made as

121-31  provided by that rule. Evidence must be presented to the court if

121-32  addresses of those required to be served are unknown or for any

121-33  other reason notice cannot be given.

121-34    3.  The court shall hold a hearing on all petitions filed pursuant

121-35  to NRS 129.080 to 129.140, inclusive.

121-36    Sec. 299.  NRS 129.130 is hereby amended to read as follows:

121-37    129.130  1.  If the court determines that the petition should be

121-38  granted, it shall enter a decree of emancipation.

121-39    2.  A decree so entered is conclusive and binding.

121-40    3.  Such a decree emancipates the minor for all purposes and

121-41  removes the disability of minority of the minor insofar as that

121-42  disability may affect:

121-43    (a) The incurring of indebtedness or contractual obligations of

121-44  any kind;

121-45    (b) The litigation and settlement of controversies;

122-1     (c) The acquiring, encumbering and conveying of property or

122-2  any interest therein;

122-3     (d) The consenting to medical, dental or psychiatric care without

122-4  parental consent, knowledge or liability;

122-5     (e) The enrolling in any school or college; and

122-6     (f) The establishment of his own residence.

122-7  For these purposes, the minor shall be considered in law as an adult,

122-8  and any obligation he incurs is enforceable by and against him

122-9  without regard to his minority.

122-10    4.  Unless otherwise provided by the decree, the obligation of

122-11  support otherwise owed a minor by his parent or guardian is

122-12  terminated by the entry of the decree.

122-13    5.  Except as otherwise provided in this section, a decree of

122-14  emancipation does not affect the status of the minor for any purpose,

122-15  including the applicability of any provision of law which:

122-16    (a) Prohibits the sale, purchase or consumption of intoxicating

122-17  liquor to or by a person under the age of 21 years;

122-18    (b) Prohibits gaming or employment in gaming by or of a person

122-19  under the age of 21 years;

122-20    (c) Restricts the ability to marry of a person under the age of 18

122-21  years;

122-22    (d) Governs matters relating to referrals for delinquent acts or

122-23  violations of NRS 392.040 to 392.125, inclusive, unless the minor

122-24  has been certified for trial as an adult pursuant to [chapter 62] title 5

122-25  of NRS; or

122-26    (e) Imposes penalties or regulates conduct according to the age

122-27  of any person.

122-28    6.  A petition may be filed by any person or by any public

122-29  agency to void a decree of emancipation on the following grounds:

122-30    (a) The minor has become indigent and has insufficient means

122-31  of support; or

122-32    (b) The decree of emancipation was obtained by fraud,

122-33  misrepresentation or the withholding of material information.

122-34    7.  The voiding of any decree of emancipation must not alter

122-35  any contractual obligations or rights or any property rights or

122-36  interests which arose during the period that the decree was in effect.

122-37    Sec. 300.  NRS 169.025 is hereby amended to read as follows:

122-38    169.025  1.  This title governs the procedure in the courts of

122-39  the State of Nevada and before magistrates in all criminal

122-40  proceedings . [, but, except]

122-41    2.  Except as otherwise provided in [NRS 62.165,] section 110

122-42  of this act, this title does not apply to proceedings against children

122-43  [under chapter 62] conducted pursuant to title 5 of NRS.

 

 

123-1     Sec. 301.  NRS 176.059 is hereby amended to read as follows:

123-2     176.059  1.  Except as otherwise provided in subsection 2,

123-3  when a defendant pleads guilty or guilty but mentally ill or is found

123-4  guilty of a misdemeanor, including the violation of any municipal

123-5  ordinance, the justice or judge shall include in the sentence the sum

123-6  prescribed by the following schedule as an administrative

123-7  assessment and render a judgment against the defendant for the

123-8  assessment:

 

123-9         Fine                                           Assessment

123-10  $5 to $49..................................... $15

123-11  50 to 59.......................................... 30

123-12  60 to 69.......................................... 35

123-13  70 to 79.......................................... 40

123-14  80 to 89.......................................... 45

123-15  90 to 99.......................................... 50

123-16  100 to 199..................................... 60

123-17  200 to 299..................................... 70

123-18  300 to 399..................................... 80

123-19  400 to 499..................................... 90

123-20  500 to 1,000................................ 105

 

123-21    2.  The provisions of subsection 1 do not apply to:

123-22    (a) An ordinance regulating metered parking; or

123-23    (b) An ordinance which is specifically designated as imposing a

123-24  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

123-25    3.  The money collected for an administrative assessment must

123-26  not be deducted from the fine imposed by the justice or judge but

123-27  must be taxed against the defendant in addition to the fine. The

123-28  money collected for an administrative assessment must be stated

123-29  separately on the court’s docket and must be included in the amount

123-30  posted for bail. If the defendant is found not guilty or the charges

123-31  are dismissed, the money deposited with the court must be returned

123-32  to the defendant. If the justice or judge cancels a fine because the

123-33  fine has been determined to be uncollectible, any balance of the fine

123-34  and the administrative assessment remaining unpaid shall be

123-35  deemed to be uncollectible and the defendant is not required to pay

123-36  it. If a fine is determined to be uncollectible, the defendant is not

123-37  entitled to a refund of the fine or administrative assessment he has

123-38  paid and the justice or judge shall not recalculate the administrative

123-39  assessment.

123-40    4.  If the justice or judge permits the fine and administrative

123-41  assessment to be paid in installments, the payments must be first

123-42  applied to the unpaid balance of the administrative assessment. The

123-43  city treasurer shall distribute partially collected administrative

124-1  assessments in accordance with the requirements of subsection 5.

124-2  The county treasurer shall distribute partially collected

124-3  administrative assessments in accordance with the requirements of

124-4  subsection 6.

124-5     5.  The money collected for administrative assessments in

124-6  municipal court must be paid by the clerk of the court to the city

124-7  treasurer on or before the fifth day of each month for the preceding

124-8  month. The city treasurer shall distribute, on or before the 15th day

124-9  of that month, the money received in the following amounts for each

124-10  assessment received:

124-11    (a) Two dollars to the county treasurer for credit to a special

124-12  account in the county general fund for the use of the county’s

124-13  juvenile court or for services to juvenile offenders. Any money

124-14  remaining in the special account after 2 fiscal years must be

124-15  deposited in the county general fund if it has not been committed for

124-16  expenditure. The county treasurer shall provide, upon request by a

124-17  juvenile court, monthly reports of the revenue credited to and

124-18  expenditures made from the special account.

124-19    (b) Seven dollars for credit to a special revenue fund for the use

124-20  of the municipal courts. Any money remaining in the special

124-21  revenue fund after 2 fiscal years must be deposited in the municipal

124-22  general fund if it has not been committed for expenditure. The city

124-23  treasurer shall provide, upon request by a municipal court, monthly

124-24  reports of the revenue credited to and expenditures made from the

124-25  special revenue fund.

124-26    (c) The remainder of each assessment to the State Controller for

124-27  credit to a special account in the State General Fund.

124-28    6.  The money collected for administrative assessments in

124-29  justices’ courts must be paid by the clerk of the court to the county

124-30  treasurer on or before the fifth day of each month for the preceding

124-31  month. The county treasurer shall distribute, on or before the 15th

124-32  day of that month, the money received in the following amounts for

124-33  each assessment received:

124-34    (a) Two dollars for credit to a special account in the county

124-35  general fund for the use of the county’s juvenile court or for services

124-36  to juvenile offenders. Any money remaining in the special account

124-37  after 2 fiscal years must be deposited in the county general fund if it

124-38  has not been committed for expenditure. The county treasurer shall

124-39  provide, upon request by a juvenile court, monthly reports of the

124-40  revenue credited to and expenditures made from the special account.

124-41    (b) Seven dollars for credit to a special revenue fund for the use

124-42  of the justices’ courts. Any money remaining in the special revenue

124-43  fund after 2 fiscal years must be deposited in the county general

124-44  fund if it has not been committed for expenditure. The county

124-45  treasurer shall provide, upon request by a justice’s court, monthly

125-1  reports of the revenue credited to and expenditures made from the

125-2  special revenue fund.

125-3     (c) The remainder of each assessment to the State Controller for

125-4  credit to a special account in the State General Fund.

125-5     7.  The money apportioned to a juvenile court, a justice’s court

125-6  or a municipal court pursuant to this section must be used, in

125-7  addition to providing services to juvenile offenders in the juvenile

125-8  court, to improve the operations of the court, or to acquire

125-9  appropriate advanced technology or the use of such technology, or

125-10  both. Money used to improve the operations of the court may

125-11  include expenditures for:

125-12    (a) Training and education of personnel;

125-13    (b) Acquisition of capital goods;

125-14    (c) Management and operational studies; or

125-15    (d) Audits.

125-16    8.  Of the total amount deposited in the State General Fund

125-17  pursuant to subsections 5 and 6, the State Controller shall distribute

125-18  the money received to the following public agencies in the

125-19  following manner:

125-20    (a) Not less than 51 percent to the Office of the Court

125-21  Administrator for allocation as follows:

125-22        (1) Eighteen and one‑half percent of the amount distributed

125-23  to the Office of the Court Administrator for the administration of the

125-24  courts.

125-25        (2) Nine percent of the amount distributed to the Office of

125-26  the Court Administrator for the development of a uniform system

125-27  for judicial records.

125-28        (3) Nine percent of the amount distributed to the Office

125-29  of the Court Administrator for continuing judicial education.

125-30        (4) Sixty percent of the amount distributed to the Office of

125-31  the Court Administrator for the Supreme Court.

125-32        (5) Three and one-half percent of the amount distributed to

125-33  the Office of the Court Administrator for the payment for the

125-34  services of retired justices and retired district judges.

125-35    (b) Not more than 49 percent must be used to the extent of

125-36  legislative authorization for the support of:

125-37        (1) The Central Repository for Nevada Records of Criminal

125-38  History;

125-39        (2) The Peace Officers’ Standards and Training Commission;

125-40        (3) The operation by the Nevada Highway Patrol of a

125-41  computerized switching system for information related to law

125-42  enforcement;

125-43        (4) The Fund for the Compensation of Victims of Crime; and

125-44        (5) The Advisory Council for Prosecuting Attorneys.

125-45    9.  As used in this section, “juvenile court” [means:

126-1     (a) In any judicial district that includes a county whose

126-2  population is 100,000 or more, the family division of the district

126-3  court; or

126-4     (b) In any other judicial district, the juvenile division of the

126-5  district court.] has the meaning ascribed to it in section 19 of this

126-6  act.

126-7     Sec. 302.  NRS 179.118 is hereby amended to read as follows:

126-8     179.118  1.  The proceeds from any sale or retention of

126-9  property declared to be forfeited and any interest accrued pursuant

126-10  to subsection 2 of NRS 179.1175 must be applied, first, to the

126-11  satisfaction of any protected interest established by a claimant in the

126-12  proceeding, then to the proper expenses of the proceeding for

126-13  forfeiture and resulting sale, including the expense of effecting the

126-14  seizure, the expense of maintaining custody, the expense of

126-15  advertising and the costs of the suit.

126-16    2.  Any balance remaining after the distribution required by

126-17  subsection 1 must be deposited as follows:

126-18    (a) Except as otherwise provided in this subsection, if the

126-19  plaintiff seized the property, in the special account established

126-20  pursuant to NRS 179.1187 by the governing body that controls the

126-21  plaintiff.

126-22    (b) Except as otherwise provided in this subsection, if the

126-23  plaintiff is a metropolitan police department, in the special account

126-24  established by the metropolitan police committee on fiscal affairs

126-25  pursuant to NRS 179.1187.

126-26    (c) Except as otherwise provided in this subsection, if more than

126-27  one agency was substantially involved in the seizure, in an equitable

126-28  manner to be directed by the court hearing the proceeding for

126-29  forfeiture.

126-30    (d) If the property was seized pursuant to NRS 200.760, in the

126-31  State Treasury for credit to the Fund for the Compensation of

126-32  Victims of Crime to be used for the counseling and the medical

126-33  treatment of victims of crimes committed in violation of NRS

126-34  200.366, 200.710 to 200.730, inclusive, or 201.230.

126-35    (e) If the property was seized as the result of a violation of NRS

126-36  202.300, in the general fund of the county in which the complaint

126-37  for forfeiture was filed, to be used to support programs of

126-38  counseling of persons ordered by the court to attend counseling

126-39  pursuant to [paragraph (e) of subsection 1 of NRS 62.211.] section

126-40  144 of this act.

126-41    Sec. 303.  NRS 179.225 is hereby amended to read as follows:

126-42    179.225  1.  If the punishment of the crime is the confinement

126-43  of the criminal in prison, the expenses must be paid from money

126-44  appropriated to the Office of the Attorney General for that purpose,

126-45  upon approval by the State Board of Examiners. After the

127-1  appropriation is exhausted, the expenses must be paid from the

127-2  Reserve for Statutory Contingency Account upon approval by

127-3  the State Board of Examiners. In all other cases, they must be paid

127-4  out of the county treasury in the county wherein the crime is alleged

127-5  to have been committed. The expenses are:

127-6     (a) If the prisoner is returned to this state from another state, the

127-7  fees paid to the officers of the state on whose Governor the

127-8  requisition is made;

127-9     (b) If the prisoner is returned to this state from a foreign country

127-10  or jurisdiction, the fees paid to the officers and agents of this state or

127-11  the United States; or

127-12    (c) If the prisoner is temporarily returned for prosecution to this

127-13  state from another state pursuant to this chapter or chapter 178 of

127-14  NRS and is then returned to the sending state upon completion of

127-15  the prosecution, the fees paid to the officers and agents of this

127-16  state,

127-17  and the necessary traveling expenses and subsistence allowances in

127-18  the amounts authorized by NRS 281.160 incurred in returning the

127-19  prisoner.

127-20    2.  If a person is returned to this state pursuant to this chapter or

127-21  chapter 178 of NRS and is convicted of, or pleads guilty, guilty but

127-22  mentally ill or nolo contendere to the criminal charge for which he

127-23  was returned or a lesser criminal charge, the court shall conduct an

127-24  investigation of the financial status of the person to determine his

127-25  ability to make restitution. In conducting the investigation, the court

127-26  shall determine if the person is able to pay any existing obligations

127-27  for:

127-28    (a) Child support;

127-29    (b) Restitution to victims of crimes; and

127-30    (c) Any administrative assessment required to be paid pursuant

127-31  to NRS [62.2175,]176.059 and 176.062[.] and section 150 of this

127-32  act.

127-33    3.  If the court determines that the person is financially able to

127-34  pay the obligations described in subsection 2, it shall, in addition to

127-35  any other sentence it may impose, order the person to make

127-36  restitution for the expenses incurred by the attorney general or other

127-37  governmental entity in returning him to this state. The court shall

127-38  not order the person to make restitution if payment of restitution will

127-39  prevent him from paying any existing obligations described in

127-40  subsection 2. Any amount of restitution remaining unpaid

127-41  constitutes a civil liability arising upon the date of the completion of

127-42  his sentence.

127-43    4.  The Attorney General may adopt regulations to carry out the

127-44  provisions of this section.

128-1     Sec. 304.  NRS 179A.290 is hereby amended to read as

128-2  follows:

128-3     179A.290  1.  The Director of the Department shall establish

128-4  within the Central Repository a program to compile and analyze

128-5  data concerning offenders who commit sexual offenses. The

128-6  program must be designed to:

128-7     (a) Provide statistical data relating to the recidivism of offenders

128-8  who commit sexual offenses; and

128-9     (b) Use the data provided by the Division of Child and Family

128-10  Services of the Department of Human Resources pursuant to [NRS

128-11  62.920] section 228 of this act to:

128-12        (1) Provide statistical data relating to the recidivism of

128-13  juvenile sex offenders after they become adults; and

128-14        (2) Assess the effectiveness of programs for the treatment of

128-15  juvenile sex offenders.

128-16    2.  The Division of Parole and Probation and the Department of

128-17  Corrections shall assist the Director of the Department in obtaining

128-18  data and in carrying out the program.

128-19    3.  The Director of the Department shall report the statistical

128-20  data and findings from the program to:

128-21    (a) The Legislature at the beginning of each regular session.

128-22    (b) The Advisory Commission on Sentencing on or before

128-23  January 31 of each even-numbered year.

128-24    4.  The data acquired pursuant to this section is confidential and

128-25  must be used only for the purpose of research. The data and findings

128-26  generated pursuant to this section must not contain information that

128-27  may reveal the identity of a juvenile sex offender or the identity of

128-28  an individual victim of a crime.

128-29    Sec. 305.  NRS 179D.035 is hereby amended to read as

128-30  follows:

128-31    179D.035  “Convicted” includes, but is not limited to, an

128-32  adjudication of delinquency or a finding of guilt by a court having

128-33  jurisdiction over juveniles if the adjudication of delinquency or the

128-34  finding of guilt is for the commission of any of the following

128-35  offenses:

128-36    1.  A crime against a child that is listed in subsection 6 of

128-37  NRS 179D.210.

128-38    2.  A sexual offense that is listed in subsection 20 of

128-39  NRS 179D.410.

128-40    3.  A sexual offense that is listed in paragraph (b) of subsection

128-41  2 of [NRS 62.600.] section 192 of this act.

128-42    Sec. 306.  NRS 179D.450 is hereby amended to read as

128-43  follows:

128-44    179D.450  1.  If the Central Repository receives notice from a

128-45  court pursuant to NRS 176.0927 that a sex offender has been

129-1  convicted of a sexual offense or pursuant to [NRS 62.590] section

129-2  191 of this act that a juvenile sex offender has been deemed to be an

129-3  adult sex offender, the Central Repository shall:

129-4     (a) If a record of registration has not previously been established

129-5  for the sex offender, notify the local law enforcement agency so that

129-6  a record of registration may be established; or

129-7     (b) If a record of registration has previously been established for

129-8  the sex offender, update the record of registration for the sex

129-9  offender and notify the appropriate local law enforcement agencies.

129-10    2.  If the sex offender named in the notice is granted probation

129-11  or otherwise will not be incarcerated or confined or if the sex

129-12  offender named in the notice has been deemed to be an adult sex

129-13  offender pursuant to [NRS 62.590] section 191 of this act and is not

129-14  otherwise incarcerated or confined:

129-15    (a) The Central Repository shall immediately provide

129-16  notification concerning the sex offender to the appropriate local law

129-17  enforcement agencies and, if the sex offender resides in a

129-18  jurisdiction which is outside of this state, to the appropriate law

129-19  enforcement agency in that jurisdiction; and

129-20    (b) If the sex offender is subject to community notification, the

129-21  Central Repository shall arrange for the assessment of the risk of

129-22  recidivism of the sex offender pursuant to the guidelines and

129-23  procedures for community notification established by the Attorney

129-24  General pursuant to NRS 179D.600 to 179D.800, inclusive.

129-25    3.  If a sex offender is incarcerated or confined and has

129-26  previously been convicted of a sexual offense as described in NRS

129-27  179D.410, before the sex offender is released:

129-28    (a) The Department of Corrections or a local law enforcement

129-29  agency in whose facility the sex offender is incarcerated or confined

129-30  shall:

129-31        (1) Inform the sex offender of the requirements for

129-32  registration, including, but not limited to:

129-33            (I) The duty to register in this state during any period in

129-34  which he is a resident of this state or a nonresident who is a student

129-35  or worker within this state and the time within which he is required

129-36  to register pursuant to NRS 179D.460;

129-37            (II) The duty to register in any other jurisdiction during

129-38  any period in which he is a resident of the other jurisdiction or a

129-39  nonresident who is a student or worker within the other jurisdiction;

129-40            (III) If he moves from this state to another jurisdiction,

129-41  the duty to register with the appropriate law enforcement agency in

129-42  the other jurisdiction; and

129-43            (IV) The duty to notify the local law enforcement agency

129-44  for the jurisdiction in which he now resides, in person, and the

129-45  jurisdiction in which he formerly resided, in person or in writing, if

130-1  he changes the address at which he resides, including if he moves

130-2  from this state to another jurisdiction, or changes the primary

130-3  address at which he is a student or worker; and

130-4         (2) Require the sex offender to read and sign a form

130-5  confirming that the requirements for registration have been

130-6  explained to him and to forward the form to the Central Repository.

130-7     (b) The Central Repository shall:

130-8         (1) Update the record of registration for the sex offender;

130-9         (2) If the sex offender is subject to community notification,

130-10  arrange for the assessment of the risk of recidivism of the sex

130-11  offender pursuant to the guidelines and procedures for community

130-12  notification established by the Attorney General pursuant to NRS

130-13  179D.600 to 179D.800, inclusive; and

130-14        (3) Provide notification concerning the sex offender to the

130-15  appropriate local law enforcement agencies and, if the sex offender

130-16  will reside upon release in a jurisdiction which is outside of this

130-17  state, to the appropriate law enforcement agency in that jurisdiction.

130-18    4.  The failure to provide a sex offender with the information or

130-19  confirmation form required by paragraph (a) of subsection 3 does

130-20  not affect the duty of the sex offender to register and to comply with

130-21  all other provisions for registration.

130-22    5.  If the Central Repository receives notice from another

130-23  jurisdiction or the Federal Bureau of Investigation that a sex

130-24  offender is now residing or is a student or worker within this state,

130-25  the Central Repository shall:

130-26    (a) Immediately provide notification concerning the sex offender

130-27  to the appropriate local law enforcement agencies;

130-28    (b) Establish a record of registration for the sex offender; and

130-29    (c) If the sex offender is subject to community notification,

130-30  arrange for the assessment of the risk of recidivism of the sex

130-31  offender pursuant to the guidelines and procedures for community

130-32  notification established by the Attorney General pursuant to NRS

130-33  179D.600 to 179D.800, inclusive.

130-34    Sec. 307.  NRS 179D.800 is hereby amended to read as

130-35  follows:

130-36    179D.800  1.  The Attorney General shall establish guidelines

130-37  and procedures for community notification concerning juvenile sex

130-38  offenders who are subject to the provisions of [NRS 62.500 to

130-39  62.600, inclusive.] sections 186 to 192, inclusive, of this act. The

130-40  guidelines and procedures for community notification concerning

130-41  juvenile sex offenders must be, to the extent practicable, consistent

130-42  with the guidelines and procedures for community notification

130-43  concerning adult sex offenders established by the Attorney General

130-44  pursuant to NRS 179D.600 to 179D.800, inclusive.

131-1     2.  Upon receiving notification from a probation officer or

131-2  parole officer, as appropriate, assigned to a juvenile sex offender

131-3  pursuant to [NRS 62.500 to 62.600,] sections 186 to 192, inclusive,

131-4  of this act, the local law enforcement agency receiving the

131-5  notification shall disclose information regarding the juvenile sex

131-6  offender to the appropriate persons pursuant to the guidelines and

131-7  procedures established by the Attorney General pursuant to NRS

131-8  179D.600 to 179D.800, inclusive.

131-9     3.  Each person who is conducting an assessment of the risk of

131-10  recidivism of a juvenile sex offender must be given access to all

131-11  records of the juvenile sex offender that are necessary to conduct the

131-12  assessment, including, but not limited to, records compiled pursuant

131-13  to [chapter 62] title 5 of NRS, and the juvenile sex offender shall be

131-14  deemed to have waived all rights of confidentiality and all privileges

131-15  relating to those records for the limited purpose of the assessment.

131-16    Sec. 308.  NRS 180.060 is hereby amended to read as follows:

131-17    180.060  1.  The State Public Defender may, before being

131-18  designated as counsel for that person pursuant to NRS 171.188,

131-19  interview an indigent person when he has been arrested and

131-20  confined for a public offense or for questioning on suspicion of

131-21  having committed a public offense.

131-22    2.  The State Public Defender shall, when designated pursuant

131-23  to NRS [62.085,] 171.188 or 432B.420, or section 96 of this act and

131-24  within the limits of available money, represent without charge each

131-25  indigent person for whom he is appointed.

131-26    3.  When representing an indigent person, the State Public

131-27  Defender shall:

131-28    (a) Counsel and defend him at every stage of the proceedings,

131-29  including revocation of probation or parole; and

131-30    (b) Prosecute any appeals or other remedies before or after

131-31  conviction that he considers to be in the interests of justice.

131-32    4.  In cases of post-conviction proceedings and appeals arising

131-33  in counties in which the office of public defender has been created

131-34  pursuant to the provisions of chapter 260 of NRS, where the matter

131-35  is to be presented to the Supreme Court, the State Public Defender

131-36  shall prepare and present the case and the public defender of the

131-37  county shall assist and cooperate with the State Public Defender.

131-38    5.  The State Public Defender may contract with any county in

131-39  which the office of public defender has been created to provide

131-40  representation for indigent persons when the court, for cause,

131-41  disqualifies the county public defender or when the county public

131-42  defender is otherwise unable to provide representation.

131-43    Sec. 309.  NRS 201.090 is hereby amended to read as follows:

131-44    201.090  As used in NRS 201.100 and 201.110, unless the

131-45  context otherwise requires, a “neglected child,” “delinquent child”

132-1  or “child in need of supervision” means any person less than 18

132-2  years of age:

132-3     1.  Who is found begging, receiving or gathering alms, or who

132-4  is found in any street, road or public place for the purpose of so

132-5  doing, whether actually begging or doing so under the pretext of

132-6  selling or offering for sale any article, or of singing or playing on

132-7  any musical instrument, or of giving any public entertainment or

132-8  accompanying or being used in aid of any person so doing.

132-9     2.  Who has no parent or guardian , [; or] who has no parent or

132-10  guardian willing to exercise or capable of exercising proper parental

132-11  control , [;] or who has no parent or guardian actually exercising

132-12  such proper parental control, and who is in need of such control.

132-13    3.  Who is destitute, or who is not provided with the necessities

132-14  of life by his parents, and who has no other means of obtaining such

132-15  necessities.

132-16    4.  Whose home is an unfit place for him, by reason of neglect,

132-17  cruelty or depravity of either of his parents, or of his guardians or

132-18  other person in whose custody or care he is.

132-19    5.  Who is found living in any house of ill fame, or with any

132-20  disreputable person.

132-21    6.  Who is found wandering and either has no home, no settled

132-22  place of abode, no visible means of subsistence or no proper

132-23  guardianship.

132-24    7.  Who frequents the company of criminals, vagrants or

132-25  prostitutes, or persons so reputed , [;] or who is in any house of

132-26  prostitution or assignation.

132-27    8.  Who unlawfully visits a saloon where any spirituous, vinous

132-28  or malt liquors are sold, bartered, exchanged or given away.

132-29    9.  Who habitually uses intoxicating liquors or who uses opium,

132-30  cocaine, morphine, or other similar drug without the direction of a

132-31  competent physician.

132-32    10.  Who persistently or habitually refuses to obey the

132-33  reasonable and proper orders or directions of his parents, guardian

132-34  or custodian , [;] or who is beyond the control of such person.

132-35    11.  Who is [an] a habitual truant from school.

132-36    12.  Who is leading, or from any cause is in danger of leading,

132-37  an idle, dissolute, lewd or immoral life.

132-38    13.  Who writes or uses vile, obscene, profane or indecent

132-39  language, or is guilty of indecent, immoral or lascivious conduct.

132-40    14.  Who violates any law of this state or any ordinance of any

132-41  town, city or county of this state defining crime.

132-42  Any child who is a runaway, unmanageable or [an] a habitual truant

132-43  is a child in need of supervision as that term is used in [chapter 62]

132-44  title 5 of NRS, and is not a delinquent child.

 

133-1     Sec. 310.  NRS 209.301 is hereby amended to read as follows:

133-2     209.301  1.  The Department may[, with the consent of the

133-3  Superintendent of the Nevada Youth Training Center or the

133-4  Superintendent of the Caliente Youth Center, transfer to the Nevada

133-5  Youth Training Center or the Caliente Youth Center any minor

133-6  persons who are] transfer a person who is a minor and who is

133-7  confined in an institution or facility of the Department[.] to a state

133-8  facility for the detention of children if the superintendent of the

133-9  facility consents to the transfer.

133-10    2.  As used in this section, “state facility for the detention of

133-11  children” means the Nevada Youth Training Center, the Caliente

133-12  Youth Center or any other state facility for the detention of

133-13  children that is operated pursuant to title 5 of NRS.

133-14    Sec. 311.  NRS 211.245 is hereby amended to read as follows:

133-15    211.245  1.  If a prisoner fails to make a payment within 10

133-16  days after it is due, the district attorney for a county or the city

133-17  attorney for an incorporated city may file a civil action in any court

133-18  of competent jurisdiction within this state seeking recovery of:

133-19    (a) The amount of reimbursement due;

133-20    (b) Costs incurred in conducting an investigation of the financial

133-21  status of the prisoner; and

133-22    (c) Attorney’s fees and costs.

133-23    2.  A civil action brought pursuant to this section must:

133-24    (a) Be instituted in the name of the county or city in which the

133-25  jail, detention facility or alternative program is located;

133-26    (b) Indicate the date and place of sentencing, including, without

133-27  limitation, the name of the court which imposed the sentence;

133-28    (c) Include the record of judgment of conviction, if available;

133-29    (d) Indicate the length of time served by the prisoner and, if he

133-30  has been released, the date of his release; and

133-31    (e) Indicate the amount of reimbursement that the prisoner owes

133-32  to the county or city.

133-33    3.  The county or city treasurer of the county or incorporated

133-34  city in which a prisoner is or was confined shall determine the

133-35  amount of reimbursement that the prisoner owes to the city or

133-36  county. The county or city treasurer may render a sworn statement

133-37  indicating the amount of reimbursement that the prisoner owes and

133-38  submit the statement in support of a civil action brought pursuant to

133-39  this section. Such a statement is prima facie evidence of the amount

133-40  due.

133-41    4.  A court in a civil action brought pursuant to this section may

133-42  award a money judgment in favor of the county or city in whose

133-43  name the action was brought.

133-44    5.  If necessary to prevent the disposition of the prisoner’s

133-45  property by the prisoner, or his spouse or agent, a county or city

134-1  may file a motion for a temporary restraining order. The court may,

134-2  without a hearing, issue ex parte orders restraining any person from

134-3  transferring, encumbering, hypothecating, concealing or in any way

134-4  disposing of any property of the prisoner, real or personal, whether

134-5  community or separate, except for necessary living expenses.

134-6     6.  The payment, pursuant to a judicial order, of existing

134-7  obligations for:

134-8     (a) Child support or alimony;

134-9     (b) Restitution to victims of crimes; and

134-10    (c) Any administrative assessment required to be paid pursuant

134-11  to NRS [62.2175,] 176.059 and 176.062, and section 150 of this

134-12  act,

134-13  has priority over the payment of a judgment entered pursuant to this

134-14  section.

134-15    Sec. 312.  NRS 217.220 is hereby amended to read as follows:

134-16    217.220  1.  Except as otherwise provided in subsections 2 and

134-17  3, compensation must not be awarded if the victim:

134-18    (a) Was injured or killed as a result of the operation of a motor

134-19  vehicle, boat or airplane unless the vehicle, boat or airplane was

134-20  used as a weapon in a deliberate attempt to harm the victim or

134-21  unless the driver of the vehicle injured a pedestrian, violated any of

134-22  the provisions of NRS 484.379 or the use of the vehicle was

134-23  punishable pursuant to NRS 484.3795;

134-24    (b) Was not a citizen of the United States or was not lawfully

134-25  entitled to reside in the United States at the time the incident upon

134-26  which the claim is based occurred or he is unable to provide proof

134-27  that he was a citizen of the United States or was lawfully entitled to

134-28  reside in the United States at that time;

134-29    (c) Was a coconspirator, codefendant, accomplice or adult

134-30  passenger of the offender whose crime caused the victim’s injuries;

134-31    (d) Was injured or killed while serving a sentence of

134-32  imprisonment in a prison or jail;

134-33    (e) Was injured or killed while living in a facility for the

134-34  commitment or detention of children who are adjudicated delinquent

134-35  pursuant to [chapter 62] title 5 of NRS; or

134-36    (f) Fails to cooperate with law enforcement agencies. Such

134-37  cooperation does not require prosecution of the offender.

134-38    2.  Paragraph (a) of subsection 1 does not apply to a minor who

134-39  was physically injured or killed while being a passenger in the

134-40  vehicle of an offender who violated NRS 484.379 or is punishable

134-41  pursuant to NRS 484.3795.

134-42    3.  A victim who is a relative of the offender or who, at the time

134-43  of the personal injury or death of the victim, was living with the

134-44  offender in a continuing relationship may be awarded compensation

134-45  if the offender would not profit by the compensation of the victim.

135-1     4.  The compensation officer may deny an award if he

135-2  determines that the applicant will not suffer serious financial

135-3  hardship. In determining whether an applicant will suffer serious

135-4  financial hardship, the compensation officer shall not consider:

135-5     (a) The value of the victim’s dwelling;

135-6     (b) The value of one motor vehicle owned by the victim; or

135-7     (c) The savings and investments of the victim up to an amount

135-8  equal to the victim’s annual salary.

135-9     Sec. 313.  NRS 232.320 is hereby amended to read as follows:

135-10    232.320  1.  Except as otherwise provided in subsection 2, the

135-11  Director:

135-12    (a) Shall appoint, with the consent of the Governor,

135-13  administrators of the divisions of the Department, who are

135-14  respectively designated as follows:

135-15        (1) The Administrator of the Aging Services Division;

135-16        (2) The Administrator of the Health Division;

135-17        (3) The State Welfare Administrator;

135-18        (4) The Administrator of the Division of Child and Family

135-19  Services; and

135-20        (5) The Administrator of the Division of Health Care

135-21  Financing and Policy.

135-22    (b) Shall administer, through the divisions of the Department,

135-23  the provisions of chapters [210,] 423, 424, 425, 427A, 432A to 442,

135-24  inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310,

135-25  inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to

135-26  432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to

135-27  445A.055, inclusive, and sections 231 to 282, inclusive, of this act

135-28  and all other provisions of law relating to the functions of the

135-29  divisions of the Department, but is not responsible for the clinical

135-30  activities of the Health Division or the professional line activities of

135-31  the other divisions.

135-32    (c) Shall, after considering advice from agencies of local

135-33  governments and nonprofit organizations which provide social

135-34  services, adopt a master plan for the provision of human services in

135-35  this state. The Director shall revise the plan biennially and deliver a

135-36  copy of the plan to the Governor and the Legislature at the

135-37  beginning of each regular session. The plan must:

135-38        (1) Identify and assess the plans and programs of the

135-39  Department for the provision of human services, and any

135-40  duplication of those services by federal, state and local agencies;

135-41        (2) Set forth priorities for the provision of those services;

135-42        (3) Provide for communication and the coordination of those

135-43  services among nonprofit organizations, agencies of local

135-44  government, the State and the Federal Government;

136-1         (4) Identify the sources of funding for services provided by

136-2  the Department and the allocation of that funding;

136-3         (5) Set forth sufficient information to assist the Department

136-4  in providing those services and in the planning and budgeting for the

136-5  future provision of those services; and

136-6         (6) Contain any other information necessary for the

136-7  Department to communicate effectively with the Federal

136-8  Government concerning demographic trends, formulas for the

136-9  distribution of federal money and any need for the modification of

136-10  programs administered by the Department.

136-11    (d) May, by regulation, require nonprofit organizations and state

136-12  and local governmental agencies to provide information to him

136-13  regarding the programs of those organizations and agencies,

136-14  excluding detailed information relating to their budgets and payrolls,

136-15  which he deems necessary for his performance of the duties

136-16  imposed upon him pursuant to this section.

136-17    (e) Has such other powers and duties as are provided by law.

136-18    2.  The Governor shall appoint the Administrator of the

136-19  Division of Mental Health and Developmental Services.

136-20    Sec. 314.  NRS 232.440 is hereby amended to read as follows:

136-21    232.440  1.  The Administrator shall appoint, with the

136-22  approval of the Director, a chief of each of the bureaus in the

136-23  Division. The chiefs are designated respectively as:

136-24    (a) The Superintendent of the Nevada Youth Training Center;

136-25    (b) The Superintendent of the Caliente Youth Center;

136-26    (c) The Superintendent of the Northern Nevada Children’s

136-27  Home;

136-28    (d) The Superintendent of the Southern Nevada Children’s

136-29  Home;

136-30    (e) The Chief of the Bureau of Services for Child Care; and

136-31    (f) The Chief of the Youth Parole Bureau.

136-32    2.  The Administrator is responsible for the administration,

136-33  through the Division, of the provisions of chapters [210,] 423 and

136-34  424 of NRS, NRS 127.220 to 127.310, inclusive, 232.400 to

136-35  232.465, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to

136-36  433B.350, inclusive, and sections 231 to 382, inclusive, of this act

136-37  and all other provisions of law relating to the functions of the

136-38  Division, but is not responsible for the professional activities of the

136-39  components of the Division except as specifically provided by law.

136-40    Sec. 315.  NRS 232.450 is hereby amended to read as follows:

136-41    232.450  1.  The [Superintendent] superintendents of the

136-42  Nevada Youth Training Center , [and the Superintendent of] the

136-43  Caliente Youth Center and any other state facility for the detention

136-44  of children that is operated pursuant to title 5 of NRS are in the

137-1  unclassified service of the State unless federal law or regulation

137-2  requires otherwise.

137-3     2.  The Chief of the Bureau of Services for Child Care, the

137-4  Superintendent of the Northern Nevada Children’s Home, the

137-5  Superintendent of the Southern Nevada Children’s Home and

137-6  the Chief of the Youth Parole Bureau are in the classified service of

137-7  the State.

137-8     Sec. 316.  NRS 232.464 is hereby amended to read as follows:

137-9     232.464  1.  Except as otherwise provided in subsections 2 and

137-10  3 and by specific statute:

137-11    (a) The Division shall:

137-12        (1) Establish and impose a schedule of fees for services

137-13  rendered through each of its programs. The highest fee established

137-14  for a service must approximate the cost of providing the service.

137-15        (2) Establish a scale proportionate to income so that families

137-16  whose income is low can afford services preventive of greater

137-17  expense to the family or the public afterward.

137-18        (3) Submit the schedule to the Director for approval before

137-19  enforcement.

137-20    (b) The fees collected pursuant to the schedule must be

137-21  deposited in the State Treasury to the credit of the State General

137-22  Fund.

137-23    (c) The Administrator may waive any fee established pursuant

137-24  to the schedule if he determines that the person required to pay that

137-25  fee is financially unable to do so.

137-26    2.  A schedule of fees established pursuant to this section does

137-27  not apply to any services for which the Division receives payment

137-28  pursuant to NRS 423.160 or 423.210.

137-29    3.  Fees collected pursuant to this section for services provided

137-30  to juveniles committed to the custody of[:

137-31    (a) The Division pursuant to NRS 62.213;

137-32    (b) The] the Division, the Nevada Youth Training Center

137-33  [pursuant to NRS 210.180; or

137-34    (c) The] , the Caliente Youth Center or any other state facility

137-35  for the detention of children pursuant to [NRS 210.580,] title 5 of

137-36  NRS must be deposited with the State Treasurer for credit to a

137-37  separate account in the State General Fund for expenditure by the

137-38  Administrator to carry out the powers and duties of the

137-39  Administrator and the Division.

137-40    Sec. 317.  NRS 244.162 is hereby amended to read as follows:

137-41    244.162  The board of county commissioners may establish, in

137-42  any county where funds are expended under the provisions of [NRS

137-43  213.220 to 213.290,] sections 194 to 201, inclusive, of this act,

137-44  special supervision programs for the rehabilitation of [youthful

137-45  offenders] delinquent children in accordance with the provisions of

138-1  [NRS 213.220 to 213.290, inclusive.] sections 194 to 201, inclusive,

138-2  of this act.

138-3     Sec. 318.  NRS 244.2969 is hereby amended to read as

138-4  follows:

138-5     244.2969  As used in NRS 244.2969 to 244.299, inclusive,

138-6  “juvenile court” [means:

138-7     1.  In any judicial district that includes a county whose

138-8  population is 100,000 or more, the family division of the district

138-9  court; or

138-10    2.  In any other judicial district, the juvenile division of the

138-11  district court.] has the meaning ascribed to it in section 19 of this

138-12  act.

138-13    Sec. 319.  NRS 244.297 is hereby amended to read as follows:

138-14    244.297  The board of county commissioners of any county

138-15  may establish by ordinance juvenile forestry camps to which

138-16  children may be committed by the juvenile court of the county as

138-17  provided in [NRS 62.211.] title 5 of NRS.

138-18    Sec. 320.  NRS 244A.019 is hereby amended to read as

138-19  follows:

138-20    244A.019  “Building project” means any public building or

138-21  complex of buildings to accommodate or house lawful county

138-22  activities, including without limitation courts, records, county

138-23  personnel, administrative offices, welfare facilities, hospital

138-24  facilities, detention home facilities, jail facilities, facilities for the

138-25  detention of children or other juvenile home facilities, library

138-26  facilities, museum facilities, theater facilities, art galleries, picture

138-27  galleries, auditorium facilities, exposition facilities, athletic

138-28  facilities, supplies, vehicles, road maintenance equipment, and other

138-29  county equipment , [(]or any combination thereof , [),] structures,

138-30  fixtures and furniture therefor, and all appurtenances and incidentals

138-31  necessary, useful or desirable for any such facilities, including

138-32  without limitation all types of property therefor.

138-33    Sec. 321.  NRS 260.050 is hereby amended to read as follows:

138-34    260.050  1.  The public defender may, before being designated

138-35  as counsel for that person pursuant to NRS 171.188, interview an

138-36  indigent person when he has been arrested and confined for a public

138-37  offense or for questioning on suspicion of having committed a

138-38  public offense.

138-39    2.  The public defender shall, when designated pursuant to NRS

138-40  [62.085,] 171.188 or 432B.420, or section 96 of this act, and within

138-41  the limits of available money, represent without charge each

138-42  indigent person for whom he is appointed.

138-43    3.  When representing an indigent person, the public defender

138-44  shall:

139-1     (a) Counsel and defend him at every stage of the proceedings,

139-2  including revocation of probation or parole; and

139-3     (b) Prosecute, subject to the provisions of subsection 4 of NRS

139-4  180.060, any appeals or other remedies before or after conviction

139-5  that he considers to be in the interests of justice.

139-6     Sec. 322.  NRS 268.676 is hereby amended to read as follows:

139-7     268.676  “Building project” means any public building or

139-8  complex of buildings to accommodate or house lawful municipal

139-9  activities, including without limitation courts, records, municipal

139-10  personnel, administrative offices, welfare facilities, hospital

139-11  facilities, detention home facilities, jail facilities, facilities for the

139-12  detention of children or other juvenile home facilities, library

139-13  facilities, museum facilities, theater facilities, art galleries, picture

139-14  galleries, auditorium facilities, exposition facilities, athletic

139-15  facilities, maintenance shops, off-street parking facilities, fire

139-16  protection and fire-fighting facilities, transportation terminal

139-17  facilities and fallout shelter facilities (or any combination thereof),

139-18  and structures, fixtures, furnishings and equipment therefor.

139-19    Sec. 323.  NRS 277.065 is hereby amended to read as follows:

139-20    277.065  1.  Within the limits of legislative appropriations, the

139-21  Department of Education, the county school districts of the various

139-22  counties of the State, [and] the Nevada Youth Training Center

139-23  Bureau and the Caliente Youth Center Bureau of the Division of

139-24  Child and Family Services of the Department of Human Resources

139-25  and any other state facility for the detention of children that is

139-26  operated pursuant to title 5 of NRS may enter into cooperative

139-27  arrangements for improving the quality of the academic and

139-28  occupational education provided at the Nevada Youth Training

139-29  Center [and] , the Caliente Youth Center[.] and any other state

139-30  facility for the detention of children that is operated pursuant to

139-31  title 5 of NRS.

139-32    2.  This authorization includes the right to pay over money

139-33  appropriated to the Nevada Youth Training Center [or] , the

139-34  Caliente Youth Center or any other state facility for the detention

139-35  of children that is operated pursuant to title 5 of NRS to the

139-36  Department of Education or to a county school district when

139-37  necessary to accomplish the purpose of this section.

139-38    Sec. 324.  NRS 281.210 is hereby amended to read as follows:

139-39    281.210  1.  Except as otherwise provided in this section, it is

139-40  unlawful for any person acting as a school trustee, state, township,

139-41  municipal or county officer, or as an employing authority of the

139-42  University and Community College System of Nevada, any school

139-43  district or of the State, any town, city or county, or for any state or

139-44  local board, agency or commission, elected or appointed, to employ

139-45  in any capacity on behalf of the State of Nevada, or any county,

140-1  township, municipality or school district thereof, or the University

140-2  and Community College System of Nevada, any relative of such a

140-3  person or of any member of such a board, agency or commission

140-4  who is within the third degree of consanguinity or affinity.

140-5     2.  This section does not apply:

140-6     (a) To school districts, when the teacher or other school

140-7  employee is not related to more than one of the trustees or person

140-8  who is an employing authority by consanguinity or affinity and

140-9  receives a unanimous vote of all members of the board of trustees

140-10  and approval by the [State] Department of Education.

140-11    (b) To school districts, when the teacher or other school

140-12  employee has been employed by an abolished school district or

140-13  educational district, which constitutes a part of the employing

140-14  county school district, and the county school district for 4 years or

140-15  more before April 1, 1957.

140-16    (c) To the spouse of the warden of an institution or manager of a

140-17  facility of the Department of Corrections.

140-18    (d) [To the spouse of the Superintendent of the Caliente Youth

140-19  Center.

140-20    (e)] To relatives of blind officers and employees of the Bureau

140-21  of Services to the Blind and Visually Impaired of the Rehabilitation

140-22  Division of the Department of Employment, Training and

140-23  Rehabilitation when those relatives are employed as automobile

140-24  drivers for those officers and employees.

140-25    [(f)] (e) To relatives of a member of a town board of a town

140-26  whose population is less than 300.

140-27    3.  Nothing in this section:

140-28    (a) Prevents any officer in this state, employed under a flat

140-29  salary, from employing any suitable person to assist in any such

140-30  employment, when the payment for the service is met out of the

140-31  personal money of the officer.

140-32    (b) Disqualifies any widow with a dependent as an employee of

140-33  any officer or board in this state, or any of its counties, townships,

140-34  municipalities or school districts.

140-35    4.  A person employed contrary to the provisions of this section

140-36  must not be compensated for the employment.

140-37    5.  Any person violating any provisions of this section is guilty

140-38  of a gross misdemeanor.

140-39    Sec. 325.  NRS 281.210 is hereby amended to read as follows:

140-40    281.210  1.  Except as otherwise provided in this section, it is

140-41  unlawful for any person acting as a school trustee, state, township,

140-42  municipal or county officer, or as an employing authority of the

140-43  University and Community College System of Nevada, any school

140-44  district or of the State, any town, city or county, or for any state or

140-45  local board, agency or commission, elected or appointed, to employ

141-1  in any capacity on behalf of the State of Nevada, or any county,

141-2  township, municipality or school district thereof, or the University

141-3  and Community College System of Nevada, any relative of such a

141-4  person or of any member of such a board, agency or commission

141-5  who is within the third degree of consanguinity or affinity.

141-6     2.  This section does not apply:

141-7     (a) To school districts, when the teacher or other school

141-8  employee is not related to more than one of the trustees or person

141-9  who is an employing authority by consanguinity or affinity and

141-10  receives a unanimous vote of all members of the board of trustees

141-11  and approval by the [State] Department of Education.

141-12    (b) To school districts, when the teacher or other school

141-13  employee has been employed by an abolished school district or

141-14  educational district, which constitutes a part of the employing

141-15  county school district, and the county school district for 4 years or

141-16  more before April 1, 1957.

141-17    (c) To the spouse of the warden of an institution or manager of a

141-18  facility of the Department of Corrections.

141-19    (d) [To the spouse of the Superintendent of the Caliente Youth

141-20  Center.

141-21    (e)] To relatives of blind officers and employees of the Bureau

141-22  of Services to the Blind and Visually Impaired of the Rehabilitation

141-23  Division of the Department of Employment, Training and

141-24  Rehabilitation when those relatives are employed as automobile

141-25  drivers for those officers and employees.

141-26    3.  Nothing in this section:

141-27    (a) Prevents any officer in this state, employed under a flat

141-28  salary, from employing any suitable person to assist in any such

141-29  employment, when the payment for the service is met out of the

141-30  personal money of the officer.

141-31    (b) Disqualifies any widow with a dependent as an employee of

141-32  any officer or board in this state, or any of its counties, townships,

141-33  municipalities or school districts.

141-34    4.  A person employed contrary to the provisions of this section

141-35  must not be compensated for the employment.

141-36    5.  Any person violating any provisions of this section is guilty

141-37  of a gross misdemeanor.

141-38    Sec. 326.  NRS 289.180 is hereby amended to read as follows:

141-39    289.180  1.  The following persons have the powers of a peace

141-40  officer:

141-41    (a) The Chief Parole and Probation Officer appointed pursuant

141-42  to NRS 213.1092;

141-43    (b) Assistant parole and probation officers appointed pursuant to

141-44  NRS 213.1095;

142-1     (c) The chief of a department of alternative sentencing

142-2  established pursuant to NRS 211A.080; and

142-3     (d) Assistant alternative sentencing officers of a department of

142-4  alternative sentencing.

142-5     2.  A juvenile probation officer or assistant juvenile probation

142-6  officer whose official duties require him to enforce court orders on

142-7  juvenile offenders and make arrests has the same powers as a peace

142-8  officer when performing duties pursuant to [NRS 213.220 to

142-9  213.290, inclusive, or chapter 62 or] title 5 of NRS or chapter 432B

142-10  of NRS, including the power to arrest an adult criminal offender

142-11  encountered while in the performance of those duties.

142-12    3.  A director of juvenile services has the powers of a peace

142-13  officer in his judicial district when performing duties pursuant to

142-14  [NRS 213.220 to 213.290, inclusive, or chapter 62 or] title 5 of NRS

142-15  or chapter 432B of NRS, including the power to arrest an adult

142-16  criminal offender encountered while in the performance of those

142-17  duties.

142-18    4.  The Chief of the Youth Parole Bureau of the Division of

142-19  Child and Family Services in the Department of Human Resources

142-20  and the parole officers of the Bureau have the powers of a peace

142-21  officer in carrying out the functions of the Bureau.

142-22    5.  A director of a department of [family, youth and] juvenile

142-23  justice services established by ordinance pursuant to [NRS

142-24  62.1264] section 83 of this act has the powers of a peace officer in

142-25  the county when carrying out duties pursuant to [chapter 62 of NRS,

142-26  NRS 213.220 to 213.290, inclusive,] title 5 of NRS or chapter 432B

142-27  of NRS, including the power to arrest an adult criminal offender

142-28  encountered while carrying out those duties.

142-29    Sec. 327.  NRS 289.200 is hereby amended to read as follows:

142-30    289.200  Officers and employees of the[:

142-31    1.]  Nevada Youth Training Center [have the powers of a peace

142-32  officer so far as necessary to arrest inmates who have escaped from

142-33  that center.

142-34    2.] , the Caliente Youth Center and any other state facility for

142-35  the detention of children that is operated pursuant to title 5 of

142-36  NRS have the powers of a peace officer so far as necessary to arrest

142-37  [inmates] children who have escaped from that [center.] facility.

142-38    Sec. 328.  NRS 289.470 is hereby amended to read as follows:

142-39    289.470  “Category II peace officer” means:

142-40    1.  The Bailiff of the Supreme Court;

142-41    2.  The bailiffs of the district courts, justices’ courts and

142-42  municipal courts whose duties require them to carry weapons and

142-43  make arrests;

142-44    3.  Constables and their deputies whose official duties require

142-45  them to carry weapons and make arrests;

143-1     4.  Inspectors employed by the Transportation Services

143-2  Authority who exercise those powers of enforcement conferred by

143-3  chapters 706 and 712 of NRS;

143-4     5.  Parole and probation officers;

143-5     6.  Special investigators who are employed full time by the

143-6  office of any district attorney or the Attorney General;

143-7     7.  Investigators of arson for fire departments who are specially

143-8  designated by the appointing authority;

143-9     8.  The assistant and deputies of the State Fire Marshal;

143-10    9.  The brand inspectors of the State Department of Agriculture

143-11  who exercise the powers of enforcement conferred by chapter 565

143-12  of NRS;

143-13    10.  The field agents and inspectors of the State Department of

143-14  Agriculture who exercise the powers of enforcement conferred by

143-15  NRS 561.225;

143-16    11.  Investigators for the State Forester Firewarden who are

143-17  specially designated by him and whose primary duties are related to

143-18  the investigation of arson;

143-19    12.  School police officers employed by the board of trustees of

143-20  any county school district;

143-21    13.  Agents of the State Gaming Control Board who exercise

143-22  the powers of enforcement specified in NRS 289.360, 463.140 or

143-23  463.1405, except those agents whose duties relate primarily to

143-24  auditing, accounting, the collection of taxes or license fees, or the

143-25  investigation of applicants for licenses;

143-26    14.  Investigators and administrators of the Division of

143-27  Compliance Enforcement of the Department of Motor Vehicles who

143-28  perform the duties specified in subsection 2 of NRS 481.048;

143-29    15.  Officers and investigators of the Section for the Control of

143-30  Emissions from Vehicles of the Department of Motor Vehicles who

143-31  perform the duties specified in subsection 3 of NRS 481.0481;

143-32    16.  Legislative police officers of the State of Nevada;

143-33    17.  The personnel of the Capitol Police Division of the

143-34  Department of Public Safety appointed pursuant to subsection 2 of

143-35  NRS 331.140;

143-36    18.  Parole counselors of the Division of Child and Family

143-37  Services of the Department of Human Resources;

143-38    19.  Juvenile probation officers and deputy juvenile probation

143-39  officers employed by the various judicial districts in the State of

143-40  Nevada or by a department of [family, youth and] juvenile justice

143-41  services established by ordinance pursuant to [NRS 62.1264]

143-42  section 83 of this act whose official duties require them to enforce

143-43  court orders on juvenile offenders and make arrests;

143-44    20.  Field investigators of the Taxicab Authority;

144-1     21.  Security officers employed full-time by a city or county

144-2  whose official duties require them to carry weapons and make

144-3  arrests;

144-4     22.  The chief of a department of alternative sentencing created

144-5  pursuant to NRS 211A.080 and the assistant alternative sentencing

144-6  officers employed by that department; and

144-7     23.  Criminal investigators who are employed by the Secretary

144-8  of State.

144-9     Sec. 329.  NRS 353.264 is hereby amended to read as follows:

144-10    353.264  1.  The Reserve for Statutory Contingency Account

144-11  is hereby created in the State General Fund.

144-12    2.  The State Board of Examiners shall administer the Reserve

144-13  for Statutory Contingency Account. The money in the Account must

144-14  be expended only for:

144-15    (a) The payment of claims which are obligations of the State

144-16  pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040,

144-17  212.050, 212.070, [214.040,] 281.174, 282.290, 282.315, 288.203,

144-18  293.253, 293.405, 353.120, 353.262, 412.154 and 475.235[;] and

144-19  section 288 of this act;

144-20    (b) The payment of claims which are obligations of the State

144-21  pursuant to:

144-22        (1) Chapter 472 of NRS arising from operations of the

144-23  Division of Forestry of the State Department of Conservation

144-24  and Natural Resources directly involving the protection of life and

144-25  property; and

144-26        (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and

144-27  293B.210,

144-28  except that claims may be approved for the respective purposes

144-29  listed in this paragraph only when the money otherwise appropriated

144-30  for those purposes has been exhausted;

144-31    (c) The payment of claims which are obligations of the state

144-32  pursuant to NRS 41.0349 and 41.037, but only to the extent that the

144-33  money in the Fund for Insurance Premiums is insufficient to pay the

144-34  claims; and

144-35    (d) The payment of claims which are obligations of the State

144-36  pursuant to NRS 535.030 arising from remedial actions taken by the

144-37  State Engineer when the condition of a dam becomes dangerous to

144-38  the safety of life or property.

144-39    3.  The State Board of Examiners may authorize its Clerk,

144-40  under such circumstances as it deems appropriate, to approve, on

144-41  behalf of the Board, the payment of claims from the Reserve for

144-42  Statutory Contingency Account. For the purpose of exercising any

144-43  authority granted to the Clerk of the State Board of Examiners

144-44  pursuant to this subsection, any statutory reference to the State

145-1  Board of Examiners relating to such a claim shall be deemed to refer

145-2  to the Clerk of the Board.

145-3     Sec. 330.  NRS 354.557 is hereby amended to read as follows:

145-4     354.557  “Regional facility” means a facility that is used by

145-5  each county that levies a tax ad valorem for its operation pursuant to

145-6  NRS 354.59818 and provides services related to public safety,

145-7  health or criminal justice. The term includes a regional facility for

145-8  the detention of children [as that term is defined in NRS 62.845.]

145-9  for which an assessment is paid pursuant to section 206 of this act.

145-10    Sec. 331.  NRS 385.363 is hereby amended to read as follows:

145-11    385.363  1.  The Department shall, on or before April 1 of

145-12  each year:

145-13    (a) Evaluate the information submitted by each school district

145-14  pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347;

145-15  and

145-16    (b) Except as otherwise provided in subsection 2 and NRS

145-17  385.364, based upon its evaluation and in accordance with the

145-18  criteria set forth in NRS 385.365 and 385.367, designate each public

145-19  school within each school district as:

145-20        (1) Demonstrating exemplary achievement;

145-21        (2) Demonstrating high achievement;

145-22        (3) Demonstrating adequate achievement; or

145-23        (4) Demonstrating need for improvement.

145-24    2.  The Department shall adopt regulations that set forth the

145-25  conditions under which the Department will not designate a public

145-26  school pursuant to this section because the school:

145-27    (a) Has too few pupils enrolled in a grade level that is tested

145-28  pursuant to NRS 389.015;

145-29    (b) Serves only pupils with disabilities;

145-30    (c) Operates only as an alternative program for the education of

145-31  pupils at risk of dropping out of high school, including, without

145-32  limitation, a program of distance education for pupils at risk of

145-33  dropping out of high school provided pursuant to NRS 388.820 to

145-34  388.874, inclusive; or

145-35    (d) Is operated within a:

145-36        (1) [Youth training center;

145-37        (2) Youth center;

145-38        (3)] Local, regional or state facility for the detention of

145-39  children;

145-40        (2) Juvenile forestry camp;

145-41        [(4) Detention home;

145-42        (5) Youth camp;

145-43        (6) Juvenile correctional institution; or

145-44        (7)] or

145-45        (3) Correctional institution.

146-1     Sec. 332.  NRS 387.123 is hereby amended to read as follows:

146-2     387.123  1.  The count of pupils for apportionment purposes

146-3  includes all pupils who are enrolled in programs of instruction of the

146-4  school district, including, without limitation, a program of distance

146-5  education provided by the school district, or pupils who reside in the

146-6  county in which the school district is located and are enrolled in any

146-7  charter school, including, without limitation, a program of distance

146-8  education provided by a charter school, for:

146-9     (a) Pupils in the kindergarten department.

146-10    (b) Pupils in grades 1 to 12, inclusive.

146-11    (c) Pupils not included under paragraph (a) or (b) who are

146-12  receiving special education pursuant to the provisions of NRS

146-13  388.440 to 388.520, inclusive.

146-14    (d) Pupils who reside in the county and are enrolled part-time in

146-15  a program of distance education if an agreement is filed with the

146-16  Superintendent of Public Instruction pursuant to NRS 388.854 or

146-17  388.858, as applicable.

146-18    (e) Children detained in [detention homes,] facilities for the

146-19  detention of children, alternative programs and juvenile forestry

146-20  camps receiving instruction pursuant to the provisions of NRS

146-21  388.550, 388.560 and 388.570.

146-22    (f) Pupils who are enrolled in classes pursuant to subsection 4 of

146-23  NRS 386.560 and pupils who are enrolled in classes pursuant to

146-24  subsection 4 of NRS 386.580.

146-25    (g) Pupils who are enrolled in classes pursuant to subsection 3

146-26  of NRS 392.070.

146-27    (h) Pupils who are enrolled in classes and taking courses

146-28  necessary to receive a high school diploma, excluding those pupils

146-29  who are included in paragraphs (d), (f) and (g).

146-30    2.  The State Board shall establish uniform regulations for

146-31  counting enrollment and calculating the average daily attendance of

146-32  pupils. In establishing such regulations for the public schools, the

146-33  State Board:

146-34    (a) Shall divide the school year into 10 school months, each

146-35  containing 20 or fewer school days.

146-36    (b) May divide the pupils in grades 1 to 12, inclusive, into

146-37  categories composed respectively of those enrolled in elementary

146-38  schools and those enrolled in secondary schools.

146-39    (c) Shall prohibit the counting of any pupil specified in

146-40  subsection 1 more than once.

146-41    3.  Except as otherwise provided in subsection 4 and NRS

146-42  388.700, the State Board shall establish by regulation the maximum

146-43  pupil-teacher ratio in each grade, and for each subject matter

146-44  wherever different subjects are taught in separate classes, for each

146-45  school district of this state which is consistent with:

147-1     (a) The maintenance of an acceptable standard of instruction;

147-2     (b) The conditions prevailing in the school district with respect

147-3  to the number and distribution of pupils in each grade; and

147-4     (c) Methods of instruction used, which may include educational

147-5  television, team teaching or new teaching systems or

147-6  techniques.

147-7  If the Superintendent of Public Instruction finds that any school

147-8  district is maintaining one or more classes whose pupil-teacher ratio

147-9  exceeds the applicable maximum, and unless he finds that the board

147-10  of trustees of the school district has made every reasonable effort in

147-11  good faith to comply with the applicable standard, he shall, with the

147-12  approval of the State Board, reduce the count of pupils for

147-13  apportionment purposes by the percentage which the number of

147-14  pupils attending those classes is of the total number of pupils in the

147-15  district, and the State Board may direct him to withhold the

147-16  quarterly apportionment entirely.

147-17    4.  The provisions of subsection 3 do not apply to a charter

147-18  school or a program of distance education provided pursuant to NRS

147-19  388.820 to 388.874, inclusive.

147-20    Sec. 333.  NRS 387.1233 is hereby amended to read as

147-21  follows:

147-22    387.1233  1.  Except as otherwise provided in subsection 2,

147-23  basic support of each school district must be computed by:

147-24    (a) Multiplying the basic support guarantee per pupil established

147-25  for that school district for that school year by the sum of:

147-26        (1) Six-tenths the count of pupils enrolled in the kindergarten

147-27  department on the last day of the first school month of the school

147-28  district for the school year, including, without limitation, the count

147-29  of pupils who reside in the county and are enrolled in any charter

147-30  school on the last day of the first school month of the school district

147-31  for the school year.

147-32        (2) The count of pupils enrolled in grades 1 to 12, inclusive,

147-33  on the last day of the first school month of the school district for the

147-34  school year, including, without limitation, the count of pupils who

147-35  reside in the county and are enrolled in any charter school on the last

147-36  day of the first school month of the school district for the school

147-37  year.

147-38        (3) The count of pupils not included under subparagraph (1)

147-39  or (2) who are enrolled full-time in a program of distance education

147-40  provided by that school district or a charter school located within

147-41  that school district on the last day of the first school month of the

147-42  school district for the school year.

147-43        (4) The count of pupils who reside in the county and are

147-44  enrolled:

148-1             (I) In a public school of the school district and are

148-2  concurrently enrolled part-time in a program of distance education

148-3  provided by another school district or a charter school on the last

148-4  day of the first school month of the school district for the school

148-5  year, expressed as a percentage of the total time services are

148-6  provided to those pupils per school day in proportion to the total

148-7  time services are provided during a school day to pupils who are

148-8  counted pursuant to subparagraph (2).

148-9             (II) In a charter school and are concurrently enrolled part-

148-10  time in a program of distance education provided by a school district

148-11  or another charter school on the last day of the first school month of

148-12  the school district for the school year, expressed as a percentage of

148-13  the total time services are provided to those pupils per school day in

148-14  proportion to the total time services are provided during a school

148-15  day to pupils who are counted pursuant to subparagraph (2).

148-16        (5) The count of pupils not included under subparagraph (1),

148-17  (2), (3) or (4), who are receiving special education pursuant to the

148-18  provisions of NRS 388.440 to 388.520, inclusive, on the last day of

148-19  the first school month of the school district for the school year,

148-20  excluding the count of pupils who have not attained the age of 5

148-21  years and who are receiving special education pursuant to

148-22  subsection 1 of NRS 388.490 on that day.

148-23        (6) Six-tenths the count of pupils who have not attained the

148-24  age of 5 years and who are receiving special education pursuant to

148-25  subsection 1 of NRS 388.490 on the last day of the first school

148-26  month of the school district for the school year.

148-27        (7) The count of children detained in [detention homes,]

148-28  facilities for the detention of children, alternative programs and

148-29  juvenile forestry camps receiving instruction pursuant to the

148-30  provisions of NRS 388.550, 388.560 and 388.570 on the last day of

148-31  the first school month of the school district for the school year.

148-32        (8) The count of pupils who are enrolled in classes for at

148-33  least one semester pursuant to subsection 4 of NRS 386.560,

148-34  subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070,

148-35  expressed as a percentage of the total time services are provided to

148-36  those pupils per school day in proportion to the total time services

148-37  are provided during a school day to pupils who are counted pursuant

148-38  to subparagraph (2).

148-39    (b) Multiplying the number of special education program units

148-40  maintained and operated by the amount per program established for

148-41  that school year.

148-42    (c) Adding the amounts computed in paragraphs (a) and (b).

148-43    2.  If the enrollment of pupils in a school district or a charter

148-44  school that is located within the school district on the last day of the

148-45  first school month of the school district for the school year is less

149-1  than the enrollment of pupils in the same school district or charter

149-2  school on the last day of the first school month of the school district

149-3  for either or both of the immediately preceding 2 school years, the

149-4  largest number must be used from among the 3 years for purposes of

149-5  apportioning money from the State Distributive School Account to

149-6  that school district or charter school pursuant to NRS 387.124.

149-7     3.  Pupils who are excused from attendance at examinations or

149-8  have completed their work in accordance with the rules of the board

149-9  of trustees must be credited with attendance during that period.

149-10    4.  Pupils who are incarcerated in a facility or institution

149-11  operated by the Department of Corrections must not be counted for

149-12  the purpose of computing basic support pursuant to this section. The

149-13  average daily attendance for such pupils must be reported to the

149-14  Department[.] of Education.

149-15    5.  Pupils who are enrolled in courses which are approved by

149-16  the Department as meeting the requirements for an adult to earn a

149-17  high school diploma must not be counted for the purpose of

149-18  computing basic support pursuant to this section.

149-19    Sec. 334.  NRS 388.550 is hereby amended to read as follows:

149-20    388.550  1.  With the approval of the juvenile court and the

149-21  board of county commissioners, the board of trustees of a school

149-22  district may employ necessary legally qualified teachers for the

149-23  instruction of children detained in:

149-24    (a) A facility for the detention [home] of children or an

149-25  alternative program maintained by the county pursuant to the

149-26  provisions of [NRS 62.180.] title 5 of NRS.

149-27    (b) A juvenile forestry camp established by the county pursuant

149-28  to the provisions of NRS 244.297.

149-29    (c) A juvenile training school established by the State pursuant

149-30  to the provisions of [chapter 210] title 5 of NRS.

149-31    2.  As used in this section, “juvenile court” [means:

149-32    (a) In any judicial district that includes a county whose

149-33  population is 100,000 or more, the family division of the district

149-34  court; or

149-35    (b) In any other judicial district, the juvenile division of the

149-36  district court.] has the meaning ascribed to it in section 19 of this

149-37  act.

149-38    Sec. 335.  NRS 388.560 is hereby amended to read as follows:

149-39    388.560  Only courses of instruction approved by the State

149-40  Board [of Education] may be given in such [detention homes,

149-41  alternative programs, juvenile training schools] local, regional or

149-42  state facilities for the detention of children, alternative programs

149-43  or juvenile forestry camps. Necessary textbooks, equipment and

149-44  supplies must be furnished by the school district.

 

150-1     Sec. 336.  NRS 388.570 is hereby amended to read as follows:

150-2     388.570  1.  The State Board [of Education] shall establish

150-3  regulations for the computation of enrollment and average daily

150-4  attendance of children detained in [detention homes,] facilities for

150-5  the detention of children, alternative programs and juvenile forestry

150-6  camps receiving instruction pursuant to the provisions of this

150-7  section and NRS 388.550[, 388.560 and 388.570.] and 388.560.

150-8     2.  Boards of trustees of school districts providing such

150-9  instruction shall report to the Superintendent of Public Instruction at

150-10  such times and in such manner as he prescribes.

150-11    Sec. 337.  NRS 388.795 is hereby amended to read as follows:

150-12    388.795  1.  The Commission shall establish a plan for the use

150-13  of educational technology in the public schools of this state. In

150-14  preparing the plan, the Commission shall consider:

150-15    (a) Plans that have been adopted by the Department and the

150-16  school districts in this state;

150-17    (b) Plans that have been adopted in other states;

150-18    (c) The information submitted to the Commission by the board

150-19  of trustees of each school district pursuant to subsection 2 of NRS

150-20  385.351; and

150-21    (d) Any other information that the Commission or the

150-22  Committee deems relevant to the preparation of the plan.

150-23    2.  The plan established by the Commission must include

150-24  recommendations for methods to:

150-25    (a) Incorporate educational technology into the public schools of

150-26  this state;

150-27    (b) Increase the number of pupils in the public schools of this

150-28  state who have access to educational technology;

150-29    (c) Increase the availability of educational technology to assist

150-30  licensed teachers and other educational personnel in complying with

150-31  the requirements of continuing education, including, but not limited

150-32  to, the receipt of credit for college courses completed through the

150-33  use of educational technology;

150-34    (d) Facilitate the exchange of ideas to improve the achievement

150-35  of pupils who are enrolled in the public schools of this state; and

150-36    (e) Address the needs of teachers in incorporating the use of

150-37  educational technology in the classroom, including, but not limited

150-38  to, the completion of training that is sufficient to enable the teachers

150-39  to instruct pupils in the use of educational technology.

150-40    3.  The Department shall provide:

150-41    (a) Administrative support;

150-42    (b) Equipment; and

150-43    (c) Office space,

150-44  as is necessary for the Commission to carry out the provisions of

150-45  this section.

151-1     4.  The following entities shall cooperate with the Commission

151-2  in carrying out the provisions of this section:

151-3     (a) The State Board.

151-4     (b) The board of trustees of each school district.

151-5     (c) The superintendent of schools of each school district.

151-6     (d) The Department.

151-7     5.  The Commission shall:

151-8     (a) Develop technical standards for educational technology and

151-9  any electrical or structural appurtenances necessary thereto,

151-10  including, without limitation, uniform specifications for computer

151-11  hardware and wiring, to ensure that such technology is compatible,

151-12  uniform and can be interconnected throughout the public schools of

151-13  this state.

151-14    (b) Allocate money to the school districts from the Trust Fund

151-15  for Educational Technology created pursuant to NRS 388.800 and

151-16  any money appropriated by the Legislature for educational

151-17  technology, subject to any priorities for such allocation established

151-18  by the Legislature.

151-19    (c) Establish criteria for the board of trustees of a school district

151-20  that receives an allocation of money from the Commission to:

151-21        (1) Repair, replace and maintain computer systems.

151-22        (2) Upgrade and improve computer hardware and software

151-23  and other educational technology.

151-24        (3) Provide training, installation and technical support related

151-25  to the use of educational technology within the district.

151-26    (d) Submit to the Governor, the Committee and the Department

151-27  its plan for the use of educational technology in the public schools

151-28  of this state and any recommendations for legislation.

151-29    (e) Review the plan annually and make revisions as it deems

151-30  necessary or as directed by the Committee or the Department.

151-31    (f) In addition to the recommendations set forth in the plan

151-32  pursuant to subsection 2, make further recommendations to the

151-33  Committee and the Department as the Commission deems

151-34  necessary.

151-35    6.  The Commission may appoint an advisory committee

151-36  composed of members of the Commission or other qualified persons

151-37  to provide recommendations to the Commission regarding standards

151-38  for the establishment, coordination and use of a telecommunications

151-39  network in the public schools throughout the various school districts

151-40  in this state. The advisory committee serves at the pleasure of the

151-41  Commission and without compensation unless an appropriation or

151-42  other money for that purpose is provided by the Legislature.

151-43    7.  As used in this section, “public school” includes the Caliente

151-44  Youth Center , [and] the Nevada Youth Training Center[.] and any

152-1  other state facility for the detention of children that is operated

152-2  pursuant to title 5 of NRS.

152-3     Sec. 338.  NRS 388.850 is hereby amended to read as follows:

152-4     388.850  1.  A pupil may enroll in a program of distance

152-5  education only if the pupil satisfies the requirements of any other

152-6  applicable statute and the pupil:

152-7     (a) Is participating in a program for pupils at risk of dropping

152-8  out of high school pursuant to NRS 388.537;

152-9     (b) Is participating in a program of independent study pursuant

152-10  to NRS 389.155;

152-11    (c) Is enrolled in a public school that does not offer certain

152-12  advanced or specialized courses that the pupil desires to attend;

152-13    (d) Has a physical or mental condition that would otherwise

152-14  require an excuse from compulsory attendance pursuant to

152-15  NRS 392.050;

152-16    (e) Would otherwise be excused from compulsory attendance

152-17  pursuant to NRS 392.080;

152-18    (f) Is otherwise prohibited from attending public school pursuant

152-19  to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467

152-20  or 392.4675;

152-21    (g) Is otherwise permitted to enroll in a program of distance

152-22  education provided by the board of trustees of a school district if the

152-23  board of trustees determines that the circumstances warrant

152-24  enrollment for the pupil; or

152-25    (h) Is otherwise permitted to enroll in a program of distance

152-26  education provided by the governing body of a charter school if the

152-27  governing body of the charter school determines that the

152-28  circumstances warrant enrollment for the pupil.

152-29    2.  In addition to the eligibility for enrollment set forth in

152-30  subsection 1, a pupil must satisfy the qualifications and conditions

152-31  for enrollment in a program of distance education adopted by the

152-32  State Board pursuant to NRS 388.874.

152-33    3.  A child who is exempt from compulsory attendance and

152-34  receiving equivalent instruction authorized by the State Board

152-35  pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in

152-36  or otherwise attend a program of distance education, regardless of

152-37  whether he is otherwise eligible for enrollment pursuant to

152-38  subsection 1.

152-39    4.  If a pupil who is prohibited from attending public school

152-40  pursuant to NRS 392.264 enrolls in a program of distance education,

152-41  the enrollment and attendance of that pupil must comply with all

152-42  requirements of NRS [62.405 to 62.485, inclusive, and] 392.251 to

152-43  392.271, inclusive[.] , and sections 180 to 184, inclusive, of this

152-44  act.

153-1     5.  If a pupil is eligible for enrollment in a program of distance

153-2  education pursuant to paragraph (c) of subsection 1, he may enroll

153-3  in the program of distance education only to take those advanced or

153-4  specialized courses that are not offered at the public school he

153-5  otherwise attends.

153-6     Sec. 339.  NRS 389.017 is hereby amended to read as follows:

153-7     389.017  1.  The State Board shall adopt regulations requiring

153-8  that each board of trustees of a school district and each governing

153-9  body of a charter school submit to the Superintendent of Public

153-10  Instruction and the Department, in the form and manner prescribed

153-11  by the Superintendent, the results of achievement and proficiency

153-12  examinations given in the 4th, 8th, 10th and 11th grades to public

153-13  school pupils of the district and charter schools. The State Board

153-14  shall not include in the regulations any provision which would

153-15  violate the confidentiality of the test scores of any individual pupil.

153-16    2.  The results of examinations must be reported for each

153-17  school, including, without limitation, each charter school, school

153-18  district and this state, as follows:

153-19    (a) The average score, as defined by the Department, of pupils

153-20  who took the examinations under regular testing conditions; and

153-21    (b) The average score, as defined by the Department, of pupils

153-22  who took the examinations with modifications or accommodations

153-23  approved by the private entity that created the examination or, if the

153-24  Department created the examination, the Department, if such

153-25  reporting does not violate the confidentiality of the test scores of any

153-26  individual pupil.

153-27    3.  The Department shall adopt regulations prescribing the

153-28  requirements for reporting the scores of pupils who:

153-29    (a) Took the examinations under conditions that were not

153-30  approved by the private entity that created the examination or, if the

153-31  Department created the examination, by the Department;

153-32    (b) Are enrolled in special schools for children with disabilities;

153-33    (c) Are enrolled in an alternative program for the education of

153-34  pupils at risk of dropping out of high school, including, without

153-35  limitation, a program of distance education that is provided to pupils

153-36  who are at risk of dropping out of high school pursuant to NRS

153-37  388.820 to 388.874, inclusive; or

153-38    (d) Are detained in a:

153-39        (1) [Youth training center;

153-40        (2) Youth center;

153-41        (3)] Local, regional or state facility for the detention of

153-42  children;

153-43        (2) Juvenile forestry camp;

153-44        [(4) Detention home;

153-45        (5) Youth camp;

154-1         (6) Juvenile correctional institution; or

154-2         (7)] or

154-3         (3) Correctional institution.

154-4  The scores reported pursuant to this subsection must not be included

154-5  in the average scores reported pursuant to subsection 2.

154-6     4.  Not later than 10 days after the Department receives the

154-7  results of the achievement and proficiency examinations, the

154-8  Department shall transmit a copy of the results of the examinations

154-9  administered pursuant to NRS 389.015 to the Legislative Bureau of

154-10  Educational Accountability and Program Evaluation in a manner

154-11  that does not violate the confidentiality of the test scores of any

154-12  individual pupil.

154-13    5.  On or before November 15 of each year, each school district

154-14  and each charter school shall report to the Department the following

154-15  information for each examination administered in the public schools

154-16  in the school district or charter school:

154-17    (a) The examination administered;

154-18    (b) The grade level or levels of pupils to whom the examination

154-19  was administered;

154-20    (c) The costs incurred by the school district or charter school in

154-21  administering each examination; and

154-22    (d) The purpose, if any, for which the results of the examination

154-23  are used by the school district or charter school.

154-24  On or before December 15 of each year, the Department shall

154-25  transmit to the Budget Division of the Department of

154-26  Administration and the Fiscal Analysis Division of the Legislative

154-27  Counsel Bureau the information submitted to the Department

154-28  pursuant to this subsection.

154-29    6.  The superintendent of schools of each school district and the

154-30  governing body of each charter school shall certify that the number

154-31  of pupils who took the examinations required pursuant to NRS

154-32  389.015 is equal to the number of pupils who are enrolled in each

154-33  school in the school district or in the charter school who are required

154-34  to take the examinations except for those pupils who are exempt

154-35  from taking the examinations. A pupil may be exempt from taking

154-36  the examinations if:

154-37    (a) His primary language is not English and his proficiency in

154-38  the English language is below the level that the State Board

154-39  determines is proficient, as measured by an assessment of

154-40  proficiency in the English language prescribed by the State Board

154-41  pursuant to subsection 8; or

154-42    (b) He is enrolled in a program of special education pursuant to

154-43  NRS 388.440 to 388.520, inclusive, and his program of special

154-44  education specifies that he is exempt from taking the examinations.

155-1     7.  In addition to the information required by subsection 5, the

155-2  Superintendent of Public Instruction shall:

155-3     (a) Report the number of pupils who were not exempt from

155-4  taking the examinations but were absent from school on the day that

155-5  the examinations were administered; and

155-6     (b) Reconcile the number of pupils who were required to take

155-7  the examinations with the number of pupils who were exempt from

155-8  taking the examinations or absent from school on the day that the

155-9  examinations were administered.

155-10    8.  The State Board shall prescribe an assessment of proficiency

155-11  in the English language for pupils whose primary language is not

155-12  English to determine which pupils are exempt from the

155-13  examinations pursuant to paragraph (a) of subsection 6.

155-14    Sec. 340.  NRS 389.018 is hereby amended to read as follows:

155-15    389.018  1.  The following subjects are designated as the core

155-16  academic subjects that must be taught, as applicable for grade

155-17  levels, in all public schools, the Caliente Youth Center [and] , the

155-18  Nevada Youth Training Center[:] and any other state facility for

155-19  the detention of children that is operated pursuant to title 5 of

155-20  NRS:

155-21    (a) English, including reading, composition and writing;

155-22    (b) Mathematics;

155-23    (c) Science; and

155-24    (d) Social studies, which includes only the subjects of history,

155-25  geography, economics and government.

155-26    2.  Except as otherwise provided in this subsection, in addition

155-27  to the core academic subjects, the following subjects must be taught

155-28  as applicable for grade levels and to the extent practicable in all

155-29  public schools, the Caliente Youth Center , [and] the Nevada Youth

155-30  Training Center[:] and any other state facility for the detention of

155-31  children that is operated pursuant to title 5 of NRS:

155-32    (a) The arts;

155-33    (b) Computer education and technology;

155-34    (c) Health; and

155-35    (d) Physical education.

155-36  If the State Board requires the completion of course work in a

155-37  subject area set forth in this subsection for graduation from high

155-38  school or promotion to the next grade, a public school shall offer the

155-39  required course work. Unless a subject is required for graduation

155-40  from high school or promotion to the next grade, a charter school is

155-41  not required to comply with this subsection.

155-42    Sec. 341.  NRS 389.020 is hereby amended to read as follows:

155-43    389.020  1.  In all public schools, the Caliente Youth Center ,

155-44  [and] the Nevada Youth Training Center[,] and any other state

155-45  facility for the detention of children that is operated pursuant to

156-1  title 5 of NRS, instruction must be given in American government,

156-2  including, without limitation, the:

156-3     (a) Essentials of the:

156-4         (1) Constitution of the United States, including, without

156-5  limitation, the Bill of Rights;

156-6         (2) Constitution of the State of Nevada; and

156-7         (3) Declaration of Independence;

156-8     (b) Origin and history of the constitutions; and

156-9     (c) Study of and devotion to American institutions and ideals.

156-10    2.  The instruction required in subsection 1 must be given

156-11  during at least 1 year of the elementary school grades and for a

156-12  period of at least 1 year in all high schools.

156-13    Sec. 342.  NRS 389.035 is hereby amended to read as follows:

156-14    389.035  No pupil in any public high school, the Caliente Youth

156-15  Center , [or] the Nevada Youth Training Center or any other state

156-16  facility for the detention of children that is operated pursuant to

156-17  title 5 of NRS may receive a certificate or diploma of graduation

156-18  without having passed a course in American government and

156-19  American history as required by NRS 389.020 and 389.030.

156-20    Sec. 343.  NRS 389.560 is hereby amended to read as follows:

156-21    389.560  1.  The State Board shall adopt regulations that

156-22  require the board of trustees of each school district and

156-23  the governing body of each charter school to submit to the

156-24  Superintendent of Public Instruction, the Department and the

156-25  Council, in the form and manner prescribed by the Superintendent,

156-26  the results of the examinations administered pursuant to NRS

156-27  389.550. The State Board shall not include in the regulations any

156-28  provision that would violate the confidentiality of the test scores of

156-29  an individual pupil.

156-30    2.  The results of the examinations must be reported for each

156-31  school, including, without limitation, each charter school, school

156-32  district and this state, as follows:

156-33    (a) The percentage of pupils who have demonstrated

156-34  proficiency, as defined by the Department, and took the

156-35  examinations under regular testing conditions; and

156-36    (b) The percentage of pupils who have demonstrated

156-37  proficiency, as defined by the Department, and took the

156-38  examinations with modifications or accommodations approved by

156-39  the private entity that created the examination or, if the Department

156-40  created the examination, the Department, if such reporting does not

156-41  violate the confidentiality of the test scores of any individual pupil.

156-42    3.  The Department shall adopt regulations prescribing the

156-43  requirements for reporting the results of pupils who:

157-1     (a) Took the examinations under conditions that were not

157-2  approved by the private entity that created the examination or, if the

157-3  Department created the examination, by the Department;

157-4     (b) Are enrolled in special schools for children with disabilities;

157-5     (c) Are enrolled in an alternative program for the education of

157-6  pupils at risk of dropping out of high school, including, without

157-7  limitation, a program of distance education that is provided to pupils

157-8  who are at risk of dropping out of high school pursuant to NRS

157-9  388.820 to 388.874, inclusive; or

157-10    (d) Are detained in a:

157-11        (1) [Youth training center;

157-12        (2) Youth center;

157-13        (3)] Local, regional or state facility for the detention of

157-14  children;

157-15        (2) Juvenile forestry camp;

157-16        [(4) Detention home;

157-17        (5) Youth camp;

157-18        (6) Juvenile correctional institution; or

157-19        (7)] or

157-20        (3) Correctional institution.

157-21  The results reported pursuant to this subsection must not be included

157-22  in the percentage of pupils reported pursuant to subsection 2.

157-23    4.  Not later than 10 days after the Department receives the

157-24  results of the examinations, the Department shall transmit a copy of

157-25  the results to the Legislative Bureau of Educational Accountability

157-26  and Program Evaluation in a manner that does not violate the

157-27  confidentiality of the test scores of any individual pupil.

157-28    5.  On or before November 15 of each year, each school district

157-29  and each charter school shall report to the Department the following

157-30  information for each examination administered in the public schools

157-31  in the school district or charter school:

157-32    (a) The examination administered;

157-33    (b) The grade level or levels of pupils to whom the examination

157-34  was administered;

157-35    (c) The costs incurred by the school district or charter school in

157-36  administering each examination; and

157-37    (d) The purpose, if any, for which the results of the examination

157-38  are used by the school district or charter school.

157-39  On or before December 15 of each year, the Department shall

157-40  transmit to the Budget Division of the Department of

157-41  Administration and the Fiscal Analysis Division of the Legislative

157-42  Counsel Bureau the information submitted to the Department

157-43  pursuant to this subsection.

157-44    6.  The superintendent of schools of each school district and the

157-45  governing body of each charter school shall certify that the number

158-1  of pupils who took the examinations is equal to the number of pupils

158-2  who are enrolled in each school in the school district or in the

158-3  charter school who are required to take the examinations, except for

158-4  those pupils who are exempt from taking the examinations. A pupil

158-5  may be exempt from taking the examinations if:

158-6     (a) His primary language is not English and his proficiency in

158-7  the English language is below the level that the State Board

158-8  determines is proficient, as measured by an assessment of

158-9  proficiency in the English language prescribed by the State Board

158-10  pursuant to subsection 8; or

158-11    (b) He is enrolled in a program of special education pursuant to

158-12  NRS 388.440 to 388.520, inclusive, and his program of special

158-13  education specifies that he is exempt from taking the examinations.

158-14    7.  In addition to the information required by subsection 5, the

158-15  Superintendent of Public Instruction shall:

158-16    (a) Report the number of pupils who were not exempt from

158-17  taking the examinations but were absent from school on the day that

158-18  the examinations were administered; and

158-19    (b) Reconcile the number of pupils who were required to take

158-20  the examinations with the number of pupils who were exempt from

158-21  taking the examinations or absent from school on the day that the

158-22  examinations were administered.

158-23    8.  The State Board shall prescribe an assessment of proficiency

158-24  in the English language for pupils whose primary language is not

158-25  English to determine which pupils are exempt from the

158-26  examinations pursuant to paragraph (a) of subsection 6.

158-27    Sec. 344.  NRS 391.090 is hereby amended to read as follows:

158-28    391.090  1.  Any person who is:

158-29    (a) Granted a license to teach or perform other educational

158-30  functions in the public schools of Nevada, in the school conducted

158-31  at the Nevada Youth Training Center , [or] the Caliente Youth

158-32  Center or any other state facility for the detention of children that

158-33  is operated pursuant to title 5 of NRS or for any program of

158-34  instruction for kindergarten or grades 1 to 12, inclusive, conducted

158-35  at any correctional institution in the Department of Corrections; or

158-36    (b) Charged with the duty at the Nevada Youth Training Center ,

158-37  [or] the Caliente Youth Center or any other state facility for the

158-38  detention of children that is operated pursuant to title 5 of NRS of

158-39  giving instruction in the Constitution of the United States and the

158-40  Constitution of the State of Nevada,

158-41  must show, by examination or credentials showing college,

158-42  university or normal school study, satisfactory evidence of adequate

158-43  knowledge of the origin, history, provisions and principles of the

158-44  Constitution of the United States and the Constitution of the State of

158-45  Nevada.

159-1     2.  The Commission may grant a reasonable time for

159-2  compliance with the terms of this section.

159-3     Sec. 345.  NRS 392.090 is hereby amended to read as follows:

159-4     392.090  After review of the case, the juvenile [division or

159-5  family division of the district] court may issue a permit authorizing

159-6  any child who has completed the eighth grade to leave school.

159-7     Sec. 346.  NRS 392.254 is hereby amended to read as follows:

159-8     392.254  “Notification” means a notification which indicates

159-9  that a child has been adjudicated delinquent for a sexual offense or a

159-10  sexually motivated act and which is provided by a probation officer

159-11  or parole officer pursuant to [NRS 62.465.] section 182 of this act.

159-12    Sec. 347.  NRS 392.2583 is hereby amended to read as

159-13  follows:

159-14    392.2583  “Sexual offense” has the meaning ascribed to it in

159-15  [NRS 62.435.] section 180 of this act.

159-16    Sec. 348.  NRS 392.2587 is hereby amended to read as

159-17  follows:

159-18    392.2587  “Sexually motivated act” has the meaning ascribed to

159-19  it in [NRS 62.440.] section 33 of this act.

159-20    Sec. 349.  NRS 392.264 is hereby amended to read as follows:

159-21    392.264  1.  If a superintendent of a school district receives

159-22  notification and a victim identified in the notification is a pupil in

159-23  the school district, the superintendent shall not permit an offender

159-24  who is subject to the provisions of [NRS 62.405 to 62.490,] sections

159-25  180 to 185, inclusive, of this act to attend a public school that a

159-26  victim is attending unless:

159-27    (a) An alternative plan of supervision is approved by the court

159-28  pursuant to [NRS 62.475;] section 183 of this act; or

159-29    (b) An alternative plan of attendance is approved by the court

159-30  pursuant to [NRS 62.485.] section 184 of this act.

159-31    2.  If the court does not approve an alternative plan of

159-32  supervision or an alternative plan of attendance for the offender and

159-33  the school district in which the offender resides does not have

159-34  another public school in the district for the offender to attend, the

159-35  superintendent of the school district shall negotiate an agreement

159-36  with:

159-37    (a) The superintendent of an adjoining school district within this

159-38  state for the offender to attend a public school in that adjoining

159-39  school district; or

159-40    (b) The superintendent, or another appropriate administrator, of

159-41  an adjoining school district in an adjoining state for the offender to

159-42  attend a public school in that adjoining school district.

159-43    3.  The superintendent of the school district in which the

159-44  offender resides shall inform the person with whom he is

159-45  negotiating that the offender has been adjudicated delinquent for a

160-1  sexual offense or a sexually motivated act, but the superintendent

160-2  shall not disclose the name of a victim.

160-3     4.  An agreement which is made pursuant to this section and

160-4  which is presented to a board of trustees for approval:

160-5     (a) Must not contain the name of a victim;

160-6     (b) Must comply with the provisions of subsections 2 and 3 of

160-7  NRS 392.010; and

160-8     (c) Must be approved by the Superintendent of Public

160-9  Instruction.

160-10    5.  A board of trustees may terminate an agreement entered into

160-11  pursuant to this section if, because of a change in circumstances, the

160-12  offender is able to attend a public school in the school district in

160-13  which he resides without violating subsection 1.

160-14    Sec. 350.  NRS 392.268 is hereby amended to read as follows:

160-15    392.268  If a school district incurs additional costs for

160-16  transporting an offender because he is prohibited from attending a

160-17  public school that a victim is attending, the school district is entitled

160-18  to reimbursement of all or part of those costs from the parents or

160-19  guardians of the offender to the extent ordered by the court pursuant

160-20  to [NRS 62.455.] section 181 of this act. The superintendent of the

160-21  school district or the parents or guardians of the offender may

160-22  petition the court to reconsider the amount of reimbursement

160-23  ordered by the court.

160-24    Sec. 351.  NRS 394.163 is hereby amended to read as follows:

160-25    394.163  “Notification” means a notification which indicates

160-26  that a child has been adjudicated delinquent for a sexual offense or a

160-27  sexually motivated act and which is provided by a probation officer

160-28  or parole officer pursuant to [NRS 62.465.] section 182 of this act.

160-29    Sec. 352.  NRS 394.1643 is hereby amended to read as

160-30  follows:

160-31    394.1643  “Sexual offense” has the meaning ascribed to it in

160-32  [NRS 62.435.] section 180 of this act.

160-33    Sec. 353.  NRS 394.1647 is hereby amended to read as

160-34  follows:

160-35    394.1647  “Sexually motivated act” has the meaning ascribed

160-36  to it in [NRS 62.440.] section 33 of this act.

160-37    Sec. 354.  NRS 394.166 is hereby amended to read as follows:

160-38    394.166  If the executive head of a private school receives

160-39  notification and a victim identified in the notification is attending a

160-40  private school under his authority, the executive head shall not

160-41  permit an offender who is subject to the provisions of [NRS 62.405

160-42  to 62.490,] sections 180 to 185, inclusive, of this act to attend the

160-43  private school that a victim is attending unless:

160-44    1.  An alternative plan of supervision is approved by the court

160-45  pursuant to [NRS 62.475;] section 183 of this act; or

161-1     2.  An alternative plan of attendance is approved by the court

161-2  pursuant to [NRS 62.485.] section 184 of this act.

161-3     Sec. 355.  NRS 432.085 is hereby amended to read as follows:

161-4     432.085  1.  The parents of a child placed in the custody of an

161-5  agency which provides child welfare services pursuant to the

161-6  provisions of NRS [62.880 or] 432.010 to 432.085, inclusive, or

161-7  chapter 432B of NRS or section 39 of this act are liable to the

161-8  agency which provides child welfare services for the cost of

161-9  maintenance and special services provided to the child.

161-10    2.  The Division shall establish by regulation reasonable

161-11  schedules for the repayment of money owed by parents pursuant to

161-12  subsection 1.

161-13    3.  An agency which provides child welfare services may waive

161-14  all or any part of the amount due pursuant to this section if it

161-15  determines that the parents of the child do not have the ability to pay

161-16  the amount.

161-17    4.  If a parent refuses to pay an agency which provides child

161-18  welfare services for money owed under this section, the agency

161-19  which provides child welfare services may bring a civil action to

161-20  recover all money owed with interest thereon at the rate of 7 percent

161-21  per year commencing 30 days after an itemized statement of the

161-22  amount owed is submitted to the parents.

161-23    5.  All money collected pursuant to this section must be

161-24  deposited:

161-25    (a) In a county whose population is less than 100,000, with the

161-26  State Treasurer for credit to the State Child Welfare Services

161-27  Account.

161-28    (b) In a county whose population is 100,000 or more, with the

161-29  county treasurer for credit to a fund or account established by the

161-30  board of county commissioners.

161-31    Sec. 356.  NRS 432.140 is hereby amended to read as follows:

161-32    432.140  1.  A parent or guardian of a child may request that

161-33  the child be fingerprinted by any law enforcement agency of this

161-34  state. If the law enforcement agency agrees to perform the service

161-35  and accepts payment of the same fee charged to others for this

161-36  service, if any, the law enforcement agency shall fingerprint the

161-37  child and give the fingerprint card to the parent or guardian. A law

161-38  enforcement agency which fingerprints a child under this section

161-39  shall not retain a fingerprint card or any other copy of the child’s

161-40  fingerprints prepared pursuant to this section.

161-41    2.  The fingerprint card must include in a conspicuous place on

161-42  the card a statement that the card may be used for identification

161-43  purposes only and may not be used in any juvenile or criminal

161-44  investigation or proceeding conducted against the child.

162-1     3.  A fingerprint card prepared pursuant to this section may be

162-2  used by a law enforcement agency only to help identify a child who

162-3  is lost, kidnapped or killed. The card may not be used by anyone in

162-4  any investigation or proceeding conducted against the child under

162-5  [chapter 62] title 5 of NRS or under the criminal laws of this state.

162-6     4.  Any other person, firm or corporation that fingerprints

162-7  children for identification purposes shall take the fingerprints in a

162-8  manner which meets the standards set by the Federal Bureau of

162-9  Investigation as those standards exist on July 1, 1983.

162-10    Sec. 357.  NRS 432B.020 is hereby amended to read as

162-11  follows:

162-12    432B.020  1.  “Abuse or neglect of a child” means, except as

162-13  otherwise provided in subsection 2:

162-14    (a) Physical or mental injury of a nonaccidental nature;

162-15    (b) Sexual abuse or sexual exploitation; or

162-16    (c) Negligent treatment or maltreatment as set forth in

162-17  NRS 432B.140,

162-18  of a child caused or allowed by a person responsible for his welfare

162-19  under circumstances which indicate that the child’s health or welfare

162-20  is harmed or threatened with harm.

162-21    2.  A child is not abused or neglected, nor is his health or

162-22  welfare harmed or threatened for the sole reason that his:

162-23    (a) Parent delivers the child to a provider of emergency services

162-24  pursuant to NRS 432B.630, if the parent complies with the

162-25  requirements of paragraph (a) of subsection 3 of that section; or

162-26    (b) Parent or guardian, in good faith, selects and depends upon

162-27  nonmedical remedial treatment for such child, if such treatment is

162-28  recognized and permitted under the laws of this state in lieu of

162-29  medical treatment. This paragraph does not limit the court in

162-30  ensuring that a child receive a medical examination and treatment

162-31  pursuant to [NRS 62.231.] section 143 of this act.

162-32    3.  As used in this section, “allow” means to do nothing to

162-33  prevent or stop the abuse or neglect of a child in circumstances

162-34  where the person knows or has reason to know that a child is abused

162-35  or neglected.

162-36    Sec. 358.  NRS 432B.050 is hereby amended to read as

162-37  follows:

162-38    432B.050  “Court” [means:

162-39    1.  In any judicial district that includes a county whose

162-40  population is 100,000 or more, the family division of the district

162-41  court; or

162-42    2.  In any other judicial district, the juvenile division of the

162-43  district court.] has the meaning ascribed to it in section 19 of this

162-44  act.

163-1     Sec. 359.  NRS 432B.425 is hereby amended to read as

163-2  follows:

163-3     432B.425  If proceedings pursuant to this chapter involve the

163-4  protection of an Indian child, the court shall:

163-5     1.  Cause the Indian child’s tribe to be notified in writing at the

163-6  beginning of the proceedings in the manner provided in the Indian

163-7  Child Welfare Act. If the Indian child is eligible for membership in

163-8  more than one tribe, each tribe must be notified.

163-9     2.  Transfer the proceedings to the Indian child’s tribe in

163-10  accordance with the Indian Child Welfare Act.

163-11    3.  If a tribe declines or is unable to exercise jurisdiction,

163-12  exercise its jurisdiction as provided in the Indian Child Welfare Act.

163-13    Sec. 360.  NRS 435.081 is hereby amended to read as follows:

163-14    435.081  1.  The Administrator or his designee may receive a

163-15  mentally retarded person or person with a related condition of this

163-16  state for services in a facility operated by the Division if:

163-17    (a) The person is mentally retarded as defined in NRS 433.174

163-18  or is a person with a related condition and is in need of institutional

163-19  training and treatment;

163-20    (b) Space is available which is designed and equipped to provide

163-21  appropriate care for the person;

163-22    (c) The facility has or can provide an appropriate program of

163-23  training and treatment for the person; and

163-24    (d) There is written evidence that no less restrictive alternative is

163-25  available in his community.

163-26    2.  A mentally retarded person or person with a related

163-27  condition may be accepted at a division facility for emergency

163-28  evaluation when the evaluation is requested by a court. A person

163-29  must not be retained pursuant to this subsection for more than 10

163-30  working days.

163-31    3.  A court may order that a mentally retarded person or person

163-32  with a related condition be admitted to a division facility if it finds

163-33  that admission is necessary because of the death or sudden disability

163-34  of the parent or guardian of the person. The person must not be

163-35  retained pursuant to this subsection for more than 45 days. Before

163-36  the expiration of the 45-day period the Division shall report to the

163-37  court its recommendations for placement or treatment of the person.

163-38  If less restrictive alternatives are not available, the person may be

163-39  admitted to the facility using the procedures for voluntary or

163-40  involuntary admission, as appropriate.

163-41    4.  A child may be received, cared for and examined at a

163-42  division facility for the mentally retarded for not more than 10

163-43  working days without admission, if the examination is ordered by a

163-44  court having jurisdiction of the minor in accordance with the

163-45  provisions of [paragraph (c) of subsection 1 of NRS 62.211 and]

164-1  subsection 1 of NRS 432B.560[.] and section 143 of this act. At

164-2  the end of the 10 days, the Administrator or his designee shall report

164-3  the result of the examination to the court and shall detain the child

164-4  until the further order of the court, but not to exceed 7 days after the

164-5  Administrator’s report.

164-6     5.  The parent or guardian of a person believed to be mentally

164-7  retarded or believed to have a related condition may apply to the

164-8  administrative officer of a division facility to have the person

164-9  evaluated by personnel of the Division who are experienced in the

164-10  diagnosis of mental retardation and related conditions. The

164-11  administrative officer may accept the person for evaluation without

164-12  admission.

164-13    6.  If, after the completion of an examination or evaluation

164-14  pursuant to subsection 4 or 5, the administrative officer finds that

164-15  the person meets the criteria set forth in subsection 1, the person

164-16  may be admitted to the facility using the procedures for voluntary or

164-17  involuntary admission, as appropriate.

164-18    7.  If, at any time, the parent or guardian of a person admitted to

164-19  a division facility on a voluntary basis, or the person himself if he

164-20  has attained the age of 18 years, requests in writing that the person

164-21  be discharged, the administrative officer shall discharge the person.

164-22  If the administrative officer finds that discharge from the facility is

164-23  not in the person’s best interests, he may initiate proceedings for

164-24  involuntary admission, but the person must be discharged pending

164-25  those proceedings.

164-26    Sec. 361.  NRS 441A.320 is hereby amended to read as

164-27  follows:

164-28    441A.320  1.  As soon as practicable after:

164-29    (a) A person is arrested for the commission of a crime; or

164-30    (b) A minor is detained for the commission of an act which, if

164-31  committed by a person other than a minor would [constitute] have

164-32  constituted a crime,

164-33  which the victim or a witness alleges involved the sexual

164-34  penetration of the victim’s body, the health authority shall test a

164-35  specimen obtained from the arrested person or detained minor for

164-36  exposure to the human immunodeficiency virus and any commonly

164-37  contracted sexually transmitted disease, regardless of whether he or,

164-38  if a detained minor, his parent or guardian consents to providing the

164-39  specimen. The agency that has custody of the arrested person or

164-40  detained minor shall obtain the specimen and submit it to the health

164-41  authority for testing. The health authority shall perform the test in

164-42  accordance with generally accepted medical practices.

164-43    2.  The health authority shall disclose the results of all tests

164-44  performed pursuant to subsection 1 to:

165-1     (a) The victim or to the victim’s parent or guardian if the victim

165-2  is a minor; and

165-3     (b) The arrested person and, if a minor is detained, to his parent

165-4  or guardian.

165-5     3.  If the health authority determines, from the results of a test

165-6  performed pursuant to subsection 1, that a victim of sexual assault

165-7  may have been exposed to the human immunodeficiency virus or

165-8  any commonly contracted sexually transmitted disease, it shall, at

165-9  the request of the victim, provide him with:

165-10    (a) An examination for exposure to the human

165-11  immunodeficiency virus and any commonly contracted sexually

165-12  transmitted disease to which the health authority determines he may

165-13  have been exposed;

165-14    (b) Counseling regarding the human immunodeficiency virus

165-15  and any commonly contracted sexually transmitted disease to which

165-16  the health authority determines he may have been exposed; and

165-17    (c) A referral for health care and other assistance,

165-18  as appropriate.

165-19    4.  If the court in:

165-20    (a) A criminal proceeding determines that a person has

165-21  committed a crime; or

165-22    (b) A proceeding conducted pursuant to [chapter 62] title 5 of

165-23  NRS determines that a minor has committed an act which, if

165-24  committed by a person other than a minor , would [constitute] have

165-25  constituted a crime,

165-26  involving the sexual penetration of a victim’s body, the court shall,

165-27  upon application by the health authority, order that minor or other

165-28  person to pay any expenses incurred in carrying out this section with

165-29  regard to that minor or other person and that victim.

165-30    5.  The Board shall adopt regulations identifying, for the

165-31  purposes of this section, sexually transmitted diseases which are

165-32  commonly contracted.

165-33    6.  As used in this section:

165-34    (a) “Sexual assault” means a violation of NRS 200.366.

165-35    (b) “Sexual penetration” has the meaning ascribed to it in

165-36  NRS 200.364.

165-37    Sec. 362.  NRS 444.330 is hereby amended to read as follows:

165-38    444.330  1.  The Health Division has supervision over the

165-39  sanitation, healthfulness, cleanliness and safety, as it pertains to the

165-40  foregoing matters, of the following state institutions:

165-41    (a) Institutions and facilities of the Department of Corrections.

165-42    (b) Northern Nevada Adult Mental Health Services.

165-43    (c) Nevada Youth Training Center , [.

165-44    (d)] Caliente Youth Center[.

166-1     (e)] and any other state facility for the detention of children

166-2  that is operated pursuant to title 5 of NRS.

166-3     (d) Northern Nevada Children’s Home.

166-4     [(f)] (e) Southern Nevada Children’s Home.

166-5     [(g)] (f) University and Community College System of Nevada.

166-6     2.  The State Board of Health may adopt regulations pertaining

166-7  thereto as are necessary to promote properly the sanitation,

166-8  healthfulness, cleanliness and, as it pertains to the foregoing matters,

166-9  the safety of those institutions.

166-10    3.  The State Health Officer or his authorized agent shall inspect

166-11  those institutions at least once each calendar year and whenever he

166-12  deems an inspection necessary to carry out the provisions of this

166-13  section.

166-14    4.  The State Health Officer may publish reports of the

166-15  inspections.

166-16    5.  All persons charged with the duty of maintenance and

166-17  operation of the institutions named in this section shall operate the

166-18  institutions in conformity with the regulations adopted by the State

166-19  Board of Health pursuant to subsection 2.

166-20    6.  The State Health Officer or his authorized agent may, in

166-21  carrying out the provisions of this section, enter upon any part of the

166-22  premises of any of the institutions named in this section over which

166-23  he has jurisdiction, to determine the sanitary conditions of the

166-24  institutions and to determine whether the provisions of this section

166-25  and the regulations of the State Board of Health pertaining thereto

166-26  are being violated.

166-27    Sec. 363.  NRS 483.250 is hereby amended to read as follows:

166-28    483.250  The Department shall not issue any license pursuant to

166-29  the provisions of NRS 483.010 to 483.630, inclusive:

166-30    1.  To any person who is under the age of 18 years, except that

166-31  the Department may issue:

166-32    (a) A restricted license to a person between the ages of 14 and

166-33  18 years pursuant to the provisions of NRS 483.267 and 483.270.

166-34    (b) An instruction permit to a person who is at least 15 1/2 years

166-35  of age pursuant to the provisions of subsection 1 of NRS 483.280.

166-36    (c) A restricted instruction permit to a person under the age of

166-37  18 years pursuant to the provisions of subsection 3 of NRS 483.280.

166-38    (d) Except as otherwise provided in paragraph (e), a license to a

166-39  person between the ages of 15 3/4 and 18 years if:

166-40        (1) He has completed a course:

166-41            (I) In automobile driver education pursuant to NRS

166-42  389.090; or

166-43            (II) Provided by a school for training drivers licensed

166-44  pursuant to NRS 483.700 to 483.780, inclusive, if the course

166-45  complies with the applicable regulations governing the

167-1  establishment, conduct and scope of automobile driver education

167-2  adopted by the State Board of Education pursuant to NRS 389.090;

167-3         (2) He has at least 50 hours of experience in driving a motor

167-4  vehicle with a restricted license, instruction permit or restricted

167-5  instruction permit issued pursuant to NRS 483.267, 483.270 or

167-6  483.280;

167-7         (3) His parent or legal guardian signs and submits to the

167-8  Department a form provided by the Department which attests that

167-9  the person who wishes to obtain the license has completed the

167-10  training and experience required by subparagraphs (1) and (2); and

167-11        (4) He has held an instruction permit for at least:

167-12            (I) Ninety days before he applies for the license, if he was

167-13  under the age of 16 years at the time he obtained the instruction

167-14  permit;

167-15            (II) Sixty days before he applies for the license, if he was

167-16  at least 16 years of age but less than 17 years of age at the time he

167-17  obtained the instruction permit; or

167-18            (III) Thirty days before he applies for the license, if he

167-19  was at least 17 years of age but less than 18 years of age at the time

167-20  he obtained the instruction permit.

167-21    (e) A license to a person who is between the ages of 15 3/4 and

167-22  18 years if:

167-23        (1) The public school in which he is enrolled is located in a

167-24  county whose population is less than 50,000 or in a city or town

167-25  whose population is less than 25,000;

167-26        (2) The public school does not offer automobile driver

167-27  education;

167-28        (3) He has at least 50 hours of experience in driving a motor

167-29  vehicle with a restricted license, instruction permit or restricted

167-30  instruction permit issued pursuant to NRS 483.267, 483.270 or

167-31  483.280;

167-32        (4) His parent or legal guardian signs and submits to the

167-33  Department a form provided by the Department which attests that

167-34  the person who wishes to obtain the license has completed the

167-35  experience required by subparagraph (3); and

167-36        (5) He has held an instruction permit for at least:

167-37            (I) Ninety days before he applies for the license, if he was

167-38  under the age of 16 years at the time he obtained the instruction

167-39  permit;

167-40            (II) Sixty days before he applies for the license, if he was

167-41  at least 16 years of age but less than 17 years of age at the time he

167-42  obtained the instruction permit; or

167-43            (III) Thirty days before he applies for the license, if he

167-44  was at least 17 years of age but less than 18 years of age at the time

167-45  he obtained the instruction permit.

168-1     2.  To any person whose license has been revoked until the

168-2  expiration of the period during which he is not eligible for a license.

168-3     3.  To any person whose license has been suspended, but upon

168-4  good cause shown to the Administrator, the Department may issue a

168-5  restricted license to him or shorten any period of suspension.

168-6     4.  To any person who has previously been adjudged to be

168-7  afflicted with or suffering from any mental disability or disease and

168-8  who has not at the time of application been restored to legal

168-9  capacity.

168-10    5.  To any person who is required by NRS 483.010 to 483.630,

168-11  inclusive, to take an examination, unless he has successfully passed

168-12  the examination.

168-13    6.  To any person when the Administrator has good cause to

168-14  believe that by reason of physical or mental disability that person

168-15  would not be able to operate a motor vehicle safely.

168-16    7.  To any person who is not a resident of this state.

168-17    8.  To any child who is the subject of a court order issued

168-18  pursuant to [paragraph (h) of subsection 1 of NRS 62.211, NRS

168-19  62.2255, 62.226 or 62.228] title 5 of NRS which delays his privilege

168-20  to drive.

168-21    9.  To any person who is the subject of a court order issued

168-22  pursuant to NRS 206.330 which suspends or delays his privilege to

168-23  drive until the expiration of the period of suspension or delay.

168-24    Sec. 364.  NRS 483.450 is hereby amended to read as follows:

168-25    483.450  1.  Whenever any person is convicted of any offense

168-26  for which the provisions of NRS 483.010 to 483.630, inclusive,

168-27  make mandatory the revocation of his driver’s license by the

168-28  Department, the court in which the person is convicted may require

168-29  the surrender to it of all driver’s licenses then held by the person

168-30  convicted, and the court may, within 20 days after the conviction,

168-31  forward these licenses, together with a record of the conviction, to

168-32  the Department.

168-33    2.  A record of conviction must be made in a manner approved

168-34  by the Department. The court shall provide sufficient information to

168-35  allow the Department to include accurately the information

168-36  regarding the conviction in the driver’s record. The record of

168-37  conviction from the court must include at least the name and address

168-38  of the person convicted, the number of his driver’s license, his social

168-39  security number, the registration number of the vehicle involved, the

168-40  date the citation was issued or the arrest was made, the number of

168-41  the citation and the date and final disposition of the citation.

168-42    3.  Every court, including a juvenile court, having jurisdiction

168-43  over violations of the provisions of NRS 483.010 to 483.630,

168-44  inclusive, or any other law of this state or municipal ordinance

169-1  regulating the operation of motor vehicles on highways, shall

169-2  forward to the Department:

169-3     (a) If the court is other than a juvenile court, a record of the

169-4  conviction of any person in that court for a violation of any such

169-5  laws other than regulations governing standing or parking; or

169-6     (b) If the court is a juvenile court, a record of any finding that a

169-7  child has violated a traffic law or ordinance other than one

169-8  governing standing or parking,

169-9  within 20 days after the conviction or finding, and may recommend

169-10  the suspension of the driver’s license of the person convicted or

169-11  child found in violation of a traffic law or ordinance.

169-12    4.  For the purposes of NRS 483.010 to 483.630, inclusive:

169-13    (a) “Conviction” means a final conviction, and includes a

169-14  finding by a juvenile court pursuant to [NRS 62.221.] section 161 of

169-15  this act.

169-16    (b) A forfeiture of bail or collateral deposited to secure a

169-17  defendant’s appearance in court, if the forfeiture has not been

169-18  vacated, is equivalent to a conviction.

169-19    5.  The necessary expenses of mailing licenses and records of

169-20  conviction to the Department as required by subsections 1 and 3

169-21  must be paid by the court charged with the duty of forwarding those

169-22  licenses and records of conviction.

169-23    Sec. 365.  NRS 483.460 is hereby amended to read as follows:

169-24    483.460  1.  Except as otherwise provided by specific statute,

169-25  the Department shall revoke the license, permit or privilege of any

169-26  driver upon receiving a record of his conviction of any of the

169-27  following offenses, when that conviction has become final, and

169-28  the driver is not eligible for a license, permit or privilege to drive for

169-29  the period indicated:

169-30    (a) For a period of 3 years if the offense is:

169-31        (1) A violation of subsection 2 of NRS 484.377.

169-32        (2) A third or subsequent violation within 7 years of

169-33  NRS 484.379.

169-34        (3) A violation of NRS 484.3795 or a homicide resulting

169-35  from driving or being in actual physical control of a vehicle while

169-36  under the influence of intoxicating liquor or a controlled substance

169-37  or resulting from any other conduct prohibited by NRS 484.379 or

169-38  484.3795.

169-39  The period during which such a driver is not eligible for a license,

169-40  permit or privilege to drive must be set aside during any period of

169-41  imprisonment and the period of revocation must resume upon

169-42  completion of the period of imprisonment or when the person is

169-43  placed on residential confinement.

169-44    (b) For a period of 1 year if the offense is:

170-1         (1) Any other manslaughter resulting from the driving of a

170-2  motor vehicle or felony in the commission of which a motor vehicle

170-3  is used, including the unlawful taking of a motor vehicle.

170-4         (2) Failure to stop and render aid as required pursuant to the

170-5  laws of this state in the event of a motor vehicle accident resulting in

170-6  the death or bodily injury of another.

170-7         (3) Perjury or the making of a false affidavit or statement

170-8  under oath to the Department pursuant to NRS 483.010 to 483.630,

170-9  inclusive, or pursuant to any other law relating to the ownership or

170-10  driving of motor vehicles.

170-11        (4) Conviction, or forfeiture of bail not vacated, upon three

170-12  charges of reckless driving committed within a period of 12 months.

170-13        (5) A second violation within 7 years of NRS 484.379 and

170-14  the driver is not eligible for a restricted license during any of that

170-15  period.

170-16        (6) A violation of NRS 484.348.

170-17    (c) For a period of 90 days, if the offense is a first violation

170-18  within 7 years of NRS 484.379.

170-19    2.  The Department shall revoke the license, permit or privilege

170-20  of a driver convicted of violating NRS 484.379 who fails to

170-21  complete the educational course on the use of alcohol and controlled

170-22  substances within the time ordered by the court and shall add a

170-23  period of 90 days during which the driver is not eligible for a

170-24  license, permit or privilege to drive.

170-25    3.  When the Department is notified by a court that a person

170-26  who has been convicted of a first violation within 7 years of NRS

170-27  484.379 has been permitted to enter a program of treatment pursuant

170-28  to NRS 484.37937, the Department shall reduce by one-half the

170-29  period during which he is not eligible for a license, permit or

170-30  privilege to drive, but shall restore that reduction in time if notified

170-31  that he was not accepted for or failed to complete the treatment.

170-32    4.  The Department shall revoke the license, permit or privilege

170-33  to drive of a person who is required to install a device pursuant to

170-34  NRS 484.3943 but who operates a motor vehicle without such a

170-35  device:

170-36    (a) For 3 years, if it is his first such offense during the period of

170-37  required use of the device.

170-38    (b) For 5 years, if it is his second such offense during the period

170-39  of required use of the device.

170-40    5.  A driver whose license, permit or privilege is revoked

170-41  pursuant to subsection 4 is not eligible for a restricted license during

170-42  the period set forth in paragraph (a) or (b) of that subsection,

170-43  whichever applies.

170-44    6.  In addition to any other requirements set forth by specific

170-45  statute, if the Department is notified that a court has ordered the

171-1  revocation, suspension or delay in the issuance of a license pursuant

171-2  to [chapter 62] title 5 of NRS, NRS 176.064 or 206.330, chapter 484

171-3  of NRS or any other provision of law, the Department shall take

171-4  such actions as are necessary to carry out the court’s order.

171-5     7.  As used in this section, “device” has the meaning ascribed to

171-6  it in NRS 484.3941.

171-7     Sec. 366.  NRS 483.461 is hereby amended to read as follows:

171-8     483.461  1.  If the result of a test given pursuant to NRS

171-9  484.382 or 484.383 shows that a person less than 21 years of age

171-10  had a concentration of alcohol of 0.02 or more but less than 0.10 in

171-11  his blood or breath at the time of the test, his license, permit or

171-12  privilege to drive must be suspended for a period of 90 days.

171-13    2.  If a revocation or suspension of a person’s license, permit or

171-14  privilege to drive for a violation of NRS [62.227,] 484.379 or

171-15  484.3795 or section 172 of this act follows a suspension ordered

171-16  pursuant to subsection 1, the Department shall:

171-17    (a) Cancel the suspension ordered pursuant to subsection 1; and

171-18    (b) Give the person credit toward the period of revocation or

171-19  suspension ordered pursuant to NRS [62.227,] 484.379 or 484.3795,

171-20  or section 172 of this act, whichever is applicable, for any period

171-21  during which the person’s license, permit or privilege to drive was

171-22  suspended pursuant to subsection 1.

171-23    3.  This section does not preclude:

171-24    (a) The prosecution of a person for a violation of any other

171-25  provision of law; or

171-26    (b) The suspension or revocation of a person’s license, permit or

171-27  privilege to drive pursuant to any other provision of law.

171-28    Sec. 367.  NRS 483.490 is hereby amended to read as follows:

171-29    483.490  1.  Except as otherwise provided in this section, after

171-30  a driver’s license has been suspended or revoked for an offense

171-31  other than a second violation within 7 years of NRS 484.379 and

171-32  one-half of the period during which the driver is not eligible for a

171-33  license has expired, the Department may, unless the statute

171-34  authorizing the suspension prohibits the issuance of a restricted

171-35  license, issue a restricted driver’s license to an applicant permitting

171-36  the applicant to drive a motor vehicle:

171-37    (a) To and from work or in the course of his work, or both; or

171-38    (b) To acquire supplies of medicine or food or receive regularly

171-39  scheduled medical care for himself or a member of his immediate

171-40  family.

171-41  Before a restricted license may be issued, the applicant must submit

171-42  sufficient documentary evidence to satisfy the Department that a

171-43  severe hardship exists because the applicant has no alternative

171-44  means of transportation and that the severe hardship outweighs the

171-45  risk to the public if he is issued a restricted license.

172-1     2.  A person who has been ordered to install a device in a motor

172-2  vehicle pursuant to NRS 484.3943:

172-3     (a) Shall install the device not later than 21 days after the date

172-4  on which the order was issued; and

172-5     (b) May not receive a restricted license pursuant to this section

172-6  until:

172-7         (1) After at least 1 year of the period during which he is not

172-8  eligible for a license, if he was convicted of:

172-9             (I) A violation of NRS 484.3795 or a homicide resulting

172-10  from driving or being in actual physical control of a vehicle while

172-11  under the influence of intoxicating liquor or a controlled substance

172-12  or resulting from any other conduct prohibited by NRS 484.379 or

172-13  484.3795; or

172-14            (II) A third or subsequent violation within 7 years of

172-15  NRS 484.379;

172-16        (2) After at least 180 days of the period during which he is

172-17  not eligible for a license, if he was convicted of a violation of

172-18  subsection 2 of NRS 484.377; or

172-19        (3) After at least 45 days of the period during which he is not

172-20  eligible for a license, if he was convicted of a first violation within 7

172-21  years of NRS 484.379.

172-22    3.  If the Department has received a copy of an order requiring a

172-23  person to install a device in a motor vehicle pursuant to NRS

172-24  484.3943, the Department shall not issue a restricted driver’s license

172-25  to such a person pursuant to this section unless the applicant has

172-26  submitted proof of compliance with the order and subsection 2.

172-27    4.  After a driver’s license has been revoked [pursuant to

172-28  subsection 1 of NRS 62.227] or suspended pursuant to [paragraph

172-29  (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or

172-30  62.228,] title 5 of NRS, the Department may issue a restricted

172-31  driver’s license to an applicant permitting the applicant to drive a

172-32  motor vehicle:

172-33    (a) If applicable, to and from work or in the course of his work,

172-34  or both; and

172-35    (b) If applicable, to and from school.

172-36    5. After a driver’s license has been suspended pursuant to NRS

172-37  483.443, the Department may issue a restricted driver’s license to an

172-38  applicant permitting the applicant to drive a motor vehicle:

172-39    (a) If applicable, to and from work or in the course of his work,

172-40  or both;

172-41    (b) To receive regularly scheduled medical care for himself or a

172-42  member of his immediate family; and

172-43    (c) If applicable, as necessary to exercise a court-ordered right to

172-44  visit a child.

173-1     6.  A driver who violates a condition of a restricted license

173-2  issued pursuant to subsection 1 or by another jurisdiction is guilty of

173-3  a misdemeanor and, if the license of the driver was suspended or

173-4  revoked for:

173-5     (a) A violation of NRS 484.379, 484.3795 or 484.384;

173-6     (b) A homicide resulting from driving or being in actual

173-7  physical control of a vehicle while under the influence of

173-8  intoxicating liquor or a controlled substance or resulting from any

173-9  other conduct prohibited by NRS 484.379 or 484.3795; or

173-10    (c) A violation of a law of any other jurisdiction that prohibits

173-11  the same or similar conduct as set forth in paragraph (a)

173-12  or (b),

173-13  the driver shall be punished in the manner provided pursuant to

173-14  subsection 2 of NRS 483.560.

173-15    7.  The periods of suspensions and revocations required

173-16  pursuant to this chapter and NRS 484.384 must run consecutively,

173-17  except as otherwise provided in NRS 483.465 and 483.475, when

173-18  the suspensions must run concurrently.

173-19    8.  Whenever the Department suspends or revokes a license, the

173-20  period of suspension, or of ineligibility for a license after the

173-21  revocation, begins upon the effective date of the revocation or

173-22  suspension as contained in the notice thereof.

173-23    Sec. 368.  NRS 483.495 is hereby amended to read as follows:

173-24    483.495  The Department shall by regulation:

173-25    1.  Except as otherwise provided in [paragraph (h) of subsection

173-26  1 of NRS 62.211, and NRS 62.2263 and 62.227,] title 5 of NRS, set

173-27  forth any tests and other requirements which are a condition for the

173-28  reinstatement of a license after any suspension, revocation,

173-29  cancellation or voluntary surrender of the license. The tests and

173-30  requirements:

173-31    (a) Must provide for a fair evaluation of a person’s ability to

173-32  operate a motor vehicle; and

173-33    (b) May allow for the waiver of certain tests or requirements as

173-34  the Department deems necessary.

173-35    2.  Set forth the circumstances under which the Administrator

173-36  may, for good cause shown, rescind the revocation, suspension or

173-37  cancellation of a license, or shorten the period for the suspension of

173-38  a license.

173-39    Sec. 369.  NRS 483.580 is hereby amended to read as follows:

173-40    483.580  A person shall not cause or knowingly permit his child

173-41  or ward under the age of 18 years to drive a motor vehicle upon any

173-42  highway when the minor is not authorized under the provisions of

173-43  NRS 483.010 to 483.630, inclusive, or is in violation of any of the

173-44  provisions of NRS 483.010 to 483.630, inclusive, or if his license is

173-45  revoked or suspended pursuant to [paragraph (h) of subsection 1 of

174-1  NRS 62.211, NRS 62.224, 62.2255, 62.226, 62.227 or 62.228.] title

174-2  5 of NRS.

174-3     Sec. 370.  NRS 484.384 is hereby amended to read as follows:

174-4     484.384  1.  If the result of a test given under NRS 484.382 or

174-5  484.383 shows that a person had a concentration of alcohol of 0.10

174-6  or more in his blood or breath at the time of the test, his license,

174-7  permit or privilege to drive must be revoked as provided in NRS

174-8  484.385 and he is not eligible for a license, permit or privilege for a

174-9  period of 90 days.

174-10    2.  If a revocation of a person’s license, permit or privilege to

174-11  drive under NRS [62.227 or] 483.460 or section 172 of this act

174-12  follows a revocation under subsection 1 which was based on his

174-13  having a concentration of alcohol of 0.10 or more in his blood or

174-14  breath, the Department shall cancel the revocation under that

174-15  subsection and give the person credit for any period during which he

174-16  was not eligible for a license, permit or privilege.

174-17    3.  Periods of ineligibility for a license, permit or privilege to

174-18  drive which are imposed pursuant to this section must run

174-19  consecutively.

174-20    Sec. 371.  NRS 502.012 is hereby amended to read as follows:

174-21    502.012  Upon receipt of a copy of an order of the juvenile

174-22  [division of a district] court, entered pursuant to [NRS 62.229,]

174-23  section 174 of this act, to revoke the license to hunt of a child, the

174-24  Division shall revoke the license. The revocation of the license to

174-25  hunt shall be deemed effective as of the date of the order. The

174-26  Division shall retain the copy of the order.

174-27    Sec. 372.  NRS 502.077 is hereby amended to read as follows:

174-28    502.077  1.  The Division shall issue special fishing permits to

174-29  the administrative head of:

174-30    (a) Northern Nevada Adult Mental Health Services;

174-31    (b) Southern Nevada Adult Mental Health Services;

174-32    (c) The Northern Nevada Children’s Home;

174-33    (d) The Southern Nevada Children’s Home;

174-34    (e) The Nevada Youth Training Center[;

174-35    (f) The] , the Caliente Youth Center[;

174-36    (g)] and any other state facility for the detention of children

174-37  that is operated pursuant to title 5 of NRS;

174-38    (f) The Spring Mountain Youth Camp;

174-39    [(h)] (g) The China Spring Youth Camp;

174-40    [(i)] (h) Any facility which provides temporary foster care for

174-41  children who are not delinquent; and

174-42    [(j)] (i) Such other public or charitable institutions or

174-43  organizations as are designated by regulations adopted by the

174-44  Commission,

175-1  for use only by the members, patients or children of such institutions

175-2  or organizations.

175-3     2.  The permits:

175-4     (a) Must be in the possession of the officer or employee who is

175-5  supervising a member, patient or child while he is fishing.

175-6     (b) Authorize a member, patient or child to fish in a legal

175-7  manner if in the company of an officer or employee of one of the

175-8  institutions listed in this section, or of an organization provided for

175-9  by regulation, if the officer or employee has a valid Nevada fishing

175-10  license.

175-11    (c) Must be issued pursuant and subject to regulations

175-12  prescribed by the Commission.

175-13    (d) Must contain the words “Nevada Special Fishing Permit”

175-14  and the number of the permit printed on the face of the permit.

175-15    (e) May authorize no more than 15 members, patients or

175-16  children, respectively, to fish.

175-17    3.  Each institution or organization shall pay to the Division an

175-18  annual fee of $15 for each permit issued to the institution or

175-19  organization pursuant to this section. The Division shall not issue

175-20  more than two permits per year to each institution or organization.

175-21    4.  It is unlawful for any person other than a member, patient or

175-22  child in one of these organizations or institutions to fish with a

175-23  permit issued by the Division pursuant to this section.

175-24    Sec. 373.  NRS 609.250 is hereby amended to read as follows:

175-25    609.250  Except for employment as a performer in a motion

175-26  picture, it is unlawful for any person to employ any child under 14

175-27  years of age in any business or service during the hours in which the

175-28  public schools of the school district in which the child resides are in

175-29  session, unless the child has been excused from attendance by the

175-30  school district or by order of the juvenile [division or family

175-31  division of the district] court for the purpose of employment.

175-32    Sec. 374.  NRS 616A.195 is hereby amended to read as

175-33  follows:

175-34    616A.195  Any person:

175-35    1.  Less than 18 years of age who is subject to the jurisdiction

175-36  of the juvenile [division of the district] court and who has been

175-37  ordered by the court to perform community service, upon

175-38  compliance by the supervising authority; or

175-39    2.  Eighteen years of age or older who has been ordered by any

175-40  court to perform community service pursuant to NRS 176.087, upon

175-41  compliance by the convicted person or the supervising

175-42  authority,

175-43  while engaged in that work, shall be deemed, for the purpose of

175-44  chapters 616A to 616D, inclusive, of NRS, an employee of the

176-1  supervising authority at a wage of $50 per month, and is entitled to

176-2  the benefits of those chapters.

176-3     Sec. 375.  1.  To the extent that the statutory provisions

176-4  enacted by this act are substantially the same as the statutory

176-5  provisions repealed by this act, the statutory provisions enacted by

176-6  this act must be construed as being substituted in a continuing way

176-7  for the statutory provisions repealed by this act.

176-8     2.  Except as otherwise provided in subsection 3, if a person is

176-9  subject to the jurisdiction of the juvenile court on or after January 1,

176-10  2004, the proceedings with regard to that person must be conducted

176-11  in accordance with the provisions of this act, whether or not the

176-12  person committed an unlawful act before January 1, 2004, or

176-13  otherwise became subject to the jurisdiction of the juvenile court

176-14  before January 1, 2004.

176-15    3.  If, based on the requirements of the Nevada Constitution or

176-16  the Constitution of the United States, the proceedings with regard to

176-17  a person who committed an unlawful act before January 1, 2004, or

176-18  who otherwise became subject to the jurisdiction of the juvenile

176-19  court before January 1, 2004, cannot be conducted in accordance

176-20  with the provisions of this act, the proceedings with regard to that

176-21  person must be conducted as if the statutory provisions repealed by

176-22  this act had not been repealed.

176-23    Sec. 376.  1.  To the extent that any statutory provision is

176-24  repealed by this act, that repeal does not affect, modify or abrogate

176-25  any right, remedy, duty, obligation, requirement, assessment, fine,

176-26  forfeiture, penalty, liability, action, prosecution, proceeding,

176-27  adjudication, disposition, order, judgment, regulation, contract, act

176-28  or transaction that was in existence, had been instituted, imposed,

176-29  taken, executed, entered or adopted, or had otherwise accrued or

176-30  occurred before January 1, 2004.

176-31    2.  To the extent that any statutory provision is repealed by this

176-32  act, that repeal does not revive any other statutory provision that

176-33  was repealed before January 1, 2004.

176-34    Sec. 377.  The provisions of this act do not repeal or otherwise

176-35  affect, modify or abrogate:

176-36    1.  Any statute enacting a special, local or temporary law.

176-37    2.  Any statute, ordinance or resolution making an

176-38  appropriation.

176-39    3.  Any statute, ordinance or resolution affecting any bond issue

176-40  or by which any bond issue may have been authorized.

176-41    4.  The running of any statute of limitations in force on

176-42  January 1, 2004.

176-43    5.  The continued existence or operation of any state or local

176-44  department, agency or office legally established or held on or before

176-45  January 1, 2004.

177-1     6.  Any bond of any public officer.

177-2     7.  Any taxes, fees, assessments or other charges legally

177-3  incurred, imposed or collected before January 1, 2004.

177-4     8.  Any regulation, ordinance or resolution that does not

177-5  conflict with the provisions of this act.

177-6     Sec. 378.  1.  Except as otherwise provided in this section, the

177-7  provisions of this act do not repeal or otherwise affect, modify or

177-8  abrogate any statute authorizing, ratifying, confirming, approving or

177-9  accepting any compact or contract with the United States, another

177-10  state or any agency or instrumentality of the United States or

177-11  another state.

177-12    2.  The repeal of the provisions of NRS 214.010 to 214.060,

177-13  inclusive, is intended for the purposes of reenactment and

177-14  codification only, and the repeal of the provisions of NRS 214.010

177-15  to 214.060, inclusive, does not affect, modify or abrogate the

177-16  Interstate Compact on Juveniles.

177-17    Sec. 379.  1.  If any bill passed by the 72nd Session of the

177-18  Nevada Legislature adds a new statutory provision to chapter 62 or

177-19  210 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 214 of

177-20  NRS, the new statutory provision shall be deemed to be saved, and

177-21  the new statutory provision remains in effect in accordance with the

177-22  terms of the bill and must be incorporated into the provisions of title

177-23  5 of NRS, as amended by the provisions of this act. The Legislative

177-24  Counsel shall codify the new statutory provision in the appropriate

177-25  chapter in title 5 of NRS, as amended by the provisions of this act.

177-26    2.  If any bill passed by the 72nd Session of the Nevada

177-27  Legislature amends a statutory provision of chapter 62 or 210 of

177-28  NRS, NRS 213.220 to 213.290, inclusive, or chapter 214 of NRS

177-29  that is repealed by the provisions of this act, the amendment shall be

177-30  deemed to be saved, and the amendment remains in effect in

177-31  accordance with the terms of the bill and must be incorporated into

177-32  the provisions of title 5 of NRS, as amended by the provisions of

177-33  this act. The Legislative Counsel shall codify the amendment in the

177-34  appropriate chapter in title 5 of NRS, as amended by the provisions

177-35  of this act.

177-36    Sec. 380.  1.  The Legislative Counsel shall:

177-37    (a) In preparing the reprint and supplements to the Nevada

177-38  Revised Statutes, appropriately change any references to a statutory

177-39  provision of chapter 62 or 210 of NRS, NRS 213.220 to 213.290,

177-40  inclusive, or chapter 214 of NRS that is repealed by the provisions

177-41  of this act to refer to the appropriate provision of title 5 of NRS, as

177-42  amended by the provisions of this act.

177-43    (b) In preparing supplements to the Nevada Administrative

177-44  Code, appropriately change any references to a statutory provision

177-45  of chapter 62 or 210 of NRS, NRS 213.220 to 213.290, inclusive, or

178-1  chapter 214 of NRS that is repealed by the provisions of this act to

178-2  refer to the appropriate provision of title 5 of NRS, as amended by

178-3  the provisions of this act.

178-4     (c) In preparing supplements to the Nevada Administrative

178-5  Code, appropriately recodify any regulations in the Nevada

178-6  Administrative Code so that those regulations correspond with the

178-7  appropriate chapters of title 5 of NRS, as amended by the provisions

178-8  of this act.

178-9     2.  Any reference in a bill or resolution passed by the 72nd

178-10  Session of the Nevada Legislature to a statutory provision of chapter

178-11  62 or 210 of NRS, NRS 213.220 to 213.290, inclusive, or chapter

178-12  214 of NRS that is repealed by the provisions of this act shall be

178-13  deemed to refer to the appropriate provision of title 5 of NRS, as

178-14  amended by the provisions of this act.

178-15    Sec. 381.  1.  Any administrative regulations adopted by an

178-16  officer or an agency whose name has been changed or whose

178-17  responsibilities have been transferred pursuant to the provisions of

178-18  this act to another officer or agency remain in force until amended

178-19  by the officer or agency to which the responsibility for the adoption

178-20  of the regulations has been transferred.

178-21    2.  Any contracts or other agreements entered into by an officer

178-22  or agency whose name has been changed or whose responsibilities

178-23  have been transferred pursuant to the provisions of this act to

178-24  another officer or agency are binding upon the officer or agency to

178-25  which the responsibility for the administration of the provisions of

178-26  the contract or other agreement has been transferred. Such contracts

178-27  and other agreements may be enforced by the officer or agency to

178-28  which the responsibility for the enforcement of the provisions of the

178-29  contract or other agreement has been transferred.

178-30    3.  Any action taken by an officer or agency whose name has

178-31  been changed or whose responsibilities have been transferred

178-32  pursuant to the provisions of this act to another officer or agency

178-33  remains in effect as if taken by the officer or agency to which the

178-34  responsibility for the enforcement of such actions has been

178-35  transferred.

178-36    Sec. 382.  1.  The Legislative Counsel shall:

178-37    (a) In preparing the reprint and supplements to the Nevada

178-38  Revised Statutes, appropriately change any references to an officer

178-39  or agency whose name is changed or whose responsibilities have

178-40  been transferred pursuant to the provisions of this act to refer to the

178-41  appropriate officer or agency.

178-42    (b) In preparing supplements to the Nevada Administrative

178-43  Code, appropriately change any references to an officer or agency

178-44  whose name is changed or whose responsibilities have been

179-1  transferred pursuant to the provisions of this act to refer to the

179-2  appropriate officer or agency.

179-3     2.  Any reference in a bill or resolution passed by the 72nd

179-4  Session of the Nevada Legislature to an officer or agency whose

179-5  name is changed or whose responsibilities have been transferred

179-6  pursuant to the provisions of this act to another officer or agency

179-7  shall be deemed to refer to the officer or agency to which the

179-8  responsibility is transferred.

179-9     Sec. 383.  1.  NRS 62.020, 62.031 62.033, 62.036, 62.038,

179-10  62.040, 62.041, 62.043, 62.044, 62.050, 62.080, 62.081, 62.082,

179-11  62.085, 62.090, 62.100, 62.103, 62.105, 62.110, 62.112, 62.113,

179-12  62.115, 62.117, 62.120, 62.121, 62.122, 62.1225, 62.123, 62.124,

179-13  62.126, 62.1262, 62.1264, 62.1266, 62.1268, 62.127, 62.128,

179-14  62.129, 62.130, 62.132, 62.135, 62.138, 62.140, 62.150, 62.160,

179-15  62.165, 62.170, 62.172, 62.175, 62.180, 62.193, 62.195, 62.197,

179-16  62.199, 62.202, 62.206, 62.211, 62.2115, 62.212, 62.213, 62.214,

179-17  62.215, 62.2175, 62.2183, 62.2185, 62.2186, 62.2187, 62.2195,

179-18  62.2196, 62.2198, 62.221, 62.224, 62.2255, 62.226, 62.2263,

179-19  62.227, 62.2275, 62.228, 62.229, 62.2295, 62.2305, 62.231, 62.241,

179-20  62.251, 62.261, 62.271, 62.281, 62.291, 62.295, 62.350, 62.355,

179-21  62.360, 62.370, 62.395, 62.405, 62.415, 62.425, 62.435, 62.440,

179-22  62.445, 62.455, 62.465, 62.475, 62.485, 62.490, 62.500, 62.510,

179-23  62.520, 62.530, 62.540, 62.550, 62.555, 62.560, 62.570, 62.580,

179-24  62.585, 62.590, 62.600, 62.800, 62.810, 62.820, 62.830, 62.840,

179-25  62.845, 62.850, 62.860, 62.870, 62.880, 62.900, 62.910, 62.920 and

179-26  62.930 are hereby repealed.

179-27    2.  NRS 210.010, 210.015, 210.060, 210.063, 210.065, 210.070,

179-28  210.075, 210.080, 210.085, 210.090, 210.100, 210.130, 210.140,

179-29  210.150, 210.160, 210.170, 210.180, 210.185, 210.187, 210.189,

179-30  210.190, 210.210, 210.220, 210.230, 210.240, 210.250, 210.260,

179-31  210.280, 210.285, 210.290, 210.400, 210.405, 210.450, 210.460,

179-32  210.470, 210.480, 210.490, 210.500, 210.510, 210.520, 210.530,

179-33  210.535, 210.540, 210.550, 210.560, 210.570, 210.580, 210.590,

179-34  210.610, 210.615, 210.620, 210.630, 210.640, 210.660, 210.670,

179-35  210.680, 210.690, 210.710, 210.713, 210.715, 210.730, 210.735,

179-36  210.740, 210.750 and 210.755 are hereby repealed.

179-37    3.  NRS 213.220, 213.230, 213.240, 213.245, 213.250, 213.260,

179-38  213.270, 213.280, 213.285 and 213.290 are hereby repealed.

179-39    4.  NRS 214.010, 214.015, 214.020, 214.030, 214.040, 214.050

179-40  and 214.060 are hereby repealed.

179-41    Sec. 384.  1.  This section and sections 1 to 324, inclusive,

179-42  and 326 to 383, inclusive, of this act become effective on January 1,

179-43  2004.

179-44    2.  Section 164 of this act expires by limitation on October 1,

179-45  2005.

180-1     3.  Section 324 of this act expires by limitation on June 30,

180-2  2009.

180-3     4.  Section 325 of this act becomes effective on July 1, 2009.

 

180-4  LEADLINES OF REPEALED SECTIONS

 

180-5     62.020  Definitions.

180-6     62.031  Liberal construction; purpose of chapter.

180-7     62.033  Duty of public officials and departments to further

180-8   objects of chapter.

180-9     62.036  District courts termed juvenile courts.

180-10    62.038  Assignment of powers and duties among judges.

180-11    62.040  Exclusive original jurisdiction of court; procedure

180-12   regarding minor traffic offenses.

180-13    62.041  Right of other courts to determine custody or

180-14   guardianship of children.

180-15    62.043  Court’s jurisdiction over adults; rights and

180-16   remedies of adult defendants.

180-17    62.044  Court’s jurisdiction over stepparents.

180-18    62.050  Transfer of cases to juvenile division.

180-19    62.080  Procedure when child 14 years or older is charged

180-20   with felony; certification for criminal proceedings required

180-21   under certain circumstances.

180-22    62.081  Escape or attempted escape from facility for

180-23   detention of juveniles: Child deemed escaped prisoner;

180-24   certification for criminal proceedings; to be deemed delinquent

180-25   act.

180-26    62.082  Retention of jurisdiction by court.

180-27    62.085  Attorney: Appointment; fees and expenses; right to

180-28   representation; waiver of representation.

180-29    62.090  Master: Appointment; training; compensation;

180-30   findings and recommendations.

180-31    62.100  Probation committee in judicial district not

180-32   including county whose population is 100,000 or more.

180-33    62.103  Committee for juvenile services in judicial district

180-34   including county whose population is 100,000 or more but less

180-35   than 400,000.

180-36    62.105  Probation committee in judicial district including

180-37   county whose population is 400,000 or more.

180-38    62.110  Probation officers and other employees in judicial

180-39   district not including county whose population is 100,000 or

180-40   more: Appointment; compensation.

181-1     62.112  Probation officers and other employees in judicial

181-2  district including county whose population is 100,000 or more

181-3   but less than 400,000: Appointment; dismissal; compensation.

181-4     62.113  Probation officers and other employees in judicial

181-5   district including county whose population is 100,000 or more

181-6   but less than 400,000: Rights upon dismissal.

181-7     62.115  Probation officers and other employees in judicial

181-8   district including county whose population is 400,000 or more:

181-9   Appointment; dismissal; compensation.

181-10    62.117  Probation officers and other employees in judicial

181-11   district including county whose population is 400,000 or more:

181-12   Rights upon dismissal.

181-13    62.120  Probation officer in county whose population is less

181-14   than 100,000: Duties.

181-15    62.121  Probation officer in judicial district including

181-16   county whose population is 100,000 or more but less than

181-17   400,000: Duties.

181-18    62.122  Probation officer in judicial district including

181-19   county whose population is 400,000 or more: Duties.

181-20    62.1225  Director of juvenile services in judicial district

181-21   including county whose population is 100,000 or more but less

181-22   than 400,000.

181-23    62.123  Director of juvenile services in judicial district

181-24   including county whose population is 400,000 or more.

181-25    62.124  County youth services commission: Establishment;

181-26   composition; duties.

181-27    62.126  “Department” defined.

181-28    62.1262  Applicability of provisions.

181-29    62.1264  Establishment, powers and duties of department;

181-30   appointment of director.

181-31    62.1266  Probation officers and other employees:

181-32   Appointment; status; dismissal; confidentiality of information

181-33   obtained in discharge of duty.

181-34    62.1268  Joint board: Establishment; composition; duties;

181-35   withdrawal of district judges serving as members.

181-36    62.127  Citizen’s advisory committee: Establishment;

181-37   powers.

181-38    62.128  Referral of complaint to probation officer;

181-39   investigation and recommendation by probation officer; powers

181-40   and duties of district attorney concerning approval and filing of

181-41   petition; release of child if petition not approved or timely filed;

181-42   court referral for informal supervision; supervision and

181-43   consent decree.

182-1     62.129  Informal supervision of child by probation officer:

182-2  Written agreement; terms and conditions; duration; effect on

182-3   filing petition; report to court.

182-4     62.130  Petition: Signature; verification; contents.

182-5     62.132  Petition that child is in need of supervision: List of

182-6   efforts taken to modify child’s behavior; exception.

182-7     62.135  Petition alleging that child is serious or chronic

182-8   offender; determination of status.

182-9     62.138  Petition alleging that child committed certain sexual

182-10   or violent acts: Prosecuting attorney required to provide

182-11   certain documentation to victim.

182-12    62.140  Issuance of summons; immediate delivery of child.

182-13    62.150  Service of summons.

182-14    62.160  Writ of attachment of the person may issue.

182-15    62.165  Extradition of children.

182-16    62.170  Grounds for taking child into custody; notification

182-17   of parent or other person; release of child to parent or other

182-18   person; conditions and limitations on continued detention of

182-19   child; detention hearings; temporary placement of child

182-20   excluded from jurisdiction of juvenile court.

182-21    62.172  Custody and detention of child alleged to have

182-22   committed offense involving firearm; conditions and limitations

182-23   on release of child; court may order evaluation of child; use

182-24   immunity for statements made during evaluation.

182-25    62.175  Citation for traffic offense.

182-26    62.180  Temporary detention of children; provision by

182-27   counties of detention homes and alternative programs; conduct

182-28   and location of homes.

182-29    62.193  Proceedings not criminal in nature; when closed to

182-30   public; judicial procedure; advising parties of rights;

182-31   admissible evidence; period for final disposition; disclosure to

182-32   victim.

182-33    62.195  Subpoenas; double jeopardy prohibited.

182-34    62.197  Study and report; filing of plan; examination by

182-35   physician, psychiatrist or psychologist.

182-36    62.199  Proceedings involving Indian child: Placement into

182-37   foster care.

182-38    62.202  Proceedings involving Indian child: Full faith and

182-39   credit given to proceedings of Indian tribe.

182-40    62.206  Electronic filing of certain documents.

182-41    62.211  Powers and duties of court. [Effective through

182-42   September 30, 2005.]

182-43    62.2115  Explanation of certain information concerning

182-44   sealing of records to be included in decree or order.

183-1     62.212  Initial admonition of child in need of supervision;

183-2  referral without adjudication; restrictions on commitment or

183-3   other placement of children; exceptions.

183-4     62.213  Authority of court; payment of expenses by parent,

183-5   guardian or other person liable for support; physical

183-6   examination of child required.

183-7     62.214  Notification of Division; opportunity for Division to

183-8   investigate and recommend placement for child.

183-9     62.215  Placement of child by Division; requirements for

183-10   changing placement of child.

183-11    62.2175  Imposition, collection and distribution of

183-12   administrative assessment upon imposition of fine.

183-13    62.2183  Child required to provide restitution for medical

183-14   expenses of victim and damage to property; responsibilities of

183-15   parent or guardian of child; community service in lieu of

183-16   restitution.

183-17    62.2185  Program of restitution through work.

183-18    62.2186  Restitution through work fund: Creation;

183-19   requirements for expenditures and management of fund.

183-20    62.2187  Other programs of restitution.

183-21    62.2195  Program of cognitive training and human

183-22   development.

183-23    62.2196  Cognitive training and human development fund:

183-24   Creation; requirements for expenditures and management of

183-25   fund.

183-26    62.2198  Program of visitation to office of county coroner.

183-27   [Effective through September 30, 2005.]

183-28    62.221  Minor traffic offense: Report to Department of

183-29   Motor Vehicles; penalties.

183-30    62.224  Habitual truants: Fines; suspension of or

183-31   prohibition from applying for driver’s license; community

183-32   service.

183-33    62.2255  Unlawful act involving alcohol or controlled

183-34   substance: Suspension of or prohibition from applying for

183-35   driver’s license.

183-36    62.226  Unlawful act involving graffiti or defacing property:

183-37   Suspension of or prohibition from applying for driver’s license.

183-38    62.2263  Procedure regarding suspension of or prohibition

183-39   from applying for driver’s license when child commits certain

183-40   unlawful acts.

183-41    62.227  Unlawful act involving driving and alcohol or

183-42   controlled substance: Revocation of driver’s license.

183-43    62.2275  Unlawful act involving alcohol or controlled

183-44   substance: Evaluation of child; program of treatment;

183-45   immunity for treatment facility; confidentiality of evaluation.

184-1     62.228  Unlawful act involving possession of firearm:

184-2  Community service; suspension of or prohibition from applying

184-3   for driver’s license.

184-4     62.229  Unlawful act involving possession of firearm:

184-5   Revocation of and prohibition from receiving license to hunt.

184-6     62.2295  Unlawful act involving cruelty to or torture of

184-7   animal: Participation in counseling or other psychological

184-8   treatment.

184-9     62.2305  Restrictions concerning community service and

184-10   programs of work on or near highways or in other dangerous

184-11   situations.

184-12    62.231  Medical treatment, care and examinations of

184-13   children.

184-14    62.241  Selection of custodian with regard to his religious

184-15   faith.

184-16    62.251  Modification and termination of decrees and orders.

184-17    62.261  Review of placement by court or master.

184-18    62.271  Probation violators: Powers of court.

184-19    62.281  Penalties for disobedience of court orders;

184-20   contempt.

184-21    62.291  Appeals.

184-22    62.295  Adjudication is not conviction and does not impose

184-23   civil disabilities; exceptions.

184-24    62.350  Fingerprinting or photographing of child who is in

184-25   custody or under investigation; conditions and limitations on

184-26   use and retention of fingerprints and photographs; penalty.

184-27    62.355  Publication or broadcast of name or race of child

184-28   and nature of charges.

184-29    62.360  Maintenance and inspection of records; release of

184-30   child’s name for use in civil action.

184-31    62.370  Procedure for sealing and unsealing records.

184-32    62.395  Prosecuting attorney may request hearing after

184-33   adjudication of child for certain unlawful acts; evidence; court

184-34   to enter finding.

184-35    62.405  Definitions.

184-36    62.415  “Private school” defined.

184-37    62.425  “Public school” defined.

184-38    62.435  “Sexual offense” defined.

184-39    62.440  “Sexually motivated act” defined.

184-40    62.445  “Superintendent” defined.

184-41    62.455  Powers and duties of court: Supervision of child;

184-42   restrictions on attendance; parental responsibility; termination

184-43   of jurisdiction.

184-44    62.465  Notification to school of child adjudicated

184-45   delinquent.

185-1     62.475  Alternative plan of supervision: Required for

185-2  attendance at same school as victim; modification or rescission.

185-3     62.485  Alternative plan of attendance: In lieu of alternative

185-4   plan of supervision; modification or rescission.

185-5     62.490  Termination of restrictions on attendance; power to

185-6   request; conditions for termination; duties of court.

185-7     62.500  Definitions.

185-8     62.510  “Central Repository” defined.

185-9     62.520  “Community notification” defined.

185-10    62.530  “Division” defined.

185-11    62.540  “Local law enforcement agency” defined.

185-12    62.550  “Sexual offense” defined.

185-13    62.555  “Sexually motivated act” defined.

185-14    62.560  Applicability.

185-15    62.570  Powers and duties of court: Notification to Attorney

185-16   General; supervision of child; responsibilities of child and

185-17   parent or guardian regarding any change of address;

185-18   termination of jurisdiction.

185-19    62.580  Notification to local law enforcement agency.

185-20    62.585  Power of court to relieve child of being subject to

185-21   community notification.

185-22    62.590  Hearing to determine whether to deem child adult

185-23   sex offender; termination of community notification.

185-24    62.600  Sealing of records.

185-25    62.800  Expenses related to temporary detention of child:

185-26   County entitled to reimbursement from parent or guardian of

185-27   child; action against parent or guardian.

185-28    62.810  Expenses related to ancillary services provided to

185-29   child: County entitled to reimbursement from parent of child;

185-30   action against parent.

185-31    62.820  Expenses related to commitment of child: Charge

185-32   against county; payment by State for female child; payment by

185-33   parent of child.

185-34    62.830  Expenses related to commitment of child to regional

185-35   facility for children: Payment by county; reimbursement of

185-36   county by parent, guardian or other person liable for support.

185-37    62.840  Assessment of counties for operation of regional

185-38   facilities partially funded by State.

185-39    62.845  Assessment of counties for operation of regional

185-40   facilities not funded by State.

185-41    62.850  Fees allowed for witnesses and other persons acting

185-42   under order of court; limitations.

185-43    62.860  Expenses of administering chapter are charge

185-44   against county; fixing and payment of salaries, expenses and

185-45   other compensation by court or board of county commissioners.

186-1     62.870  Department of Motor Vehicles to notify child who

186-2  applies for license of certain provisions; affidavit acknowledging

186-3   awareness of provisions.

186-4     62.880  Use of services and facilities of agencies which

186-5   provide child welfare services; duties of such agencies.

186-6     62.900  Terminating or threatening to terminate

186-7   employment of parent for appearance at proceeding

186-8   prohibited; penalty; civil remedy.

186-9     62.910  Division of Child and Family Services to establish

186-10   standardized system for collecting and analyzing information

186-11   concerning juvenile justice; regulations; duties of local juvenile

186-12   probation departments; reports concerning disparate

186-13   treatment.

186-14    62.920  Division of Child and Family Services to collect

186-15   certain information regarding child adjudicated delinquent for

186-16   sexual offense; confidentiality.

186-17    62.930  Court to provide information to school district

186-18   concerning child who caused or attempted to cause serious

186-19   bodily injury to another person.

186-20    210.010  Definitions.

186-21    210.015  Administration.

186-22    210.060  Residence.

186-23    210.063  Perquisites.

186-24    210.065  Qualifications; procedure for recruitment.

186-25    210.070  Powers and duties.

186-26    210.075  Power to contract with university or organization

186-27   for research or training.

186-28    210.080  Appointment of staff of School; contracts for

186-29   athletic coaches.

186-30    210.085  Employees residing at School; perquisites at

186-31   discretion of Administrator; report to Legislature.

186-32    210.090  Organization of Department of Instruction;

186-33   programs of study; enrollment of inmates in public schools;

186-34   employment of inmates.

186-35    210.100  Duties of Superintendent concerning provisions of

186-36   title 34 of NRS.

186-37    210.130  General provisions.

186-38    210.140  Youth Training Center’s Gift Account.

186-39    210.150  Contingency Account for Farm of Youth Training

186-40   Center.

186-41    210.160  Money and valuables of inmate; disposition of

186-42   uncashed check issued by school to inmate.

186-43    210.170  Inmates’ commissary; Youth Training Center

186-44   Commissary Fund.

186-45    210.180  Commitment of delinquents; physical

186-46   examinations; expenses of support and maintenance.

187-1     210.185  Committing court to transmit summary of case

187-2  history to Superintendent.

187-3     210.187  Administrator to report to committing court

187-4   inmates who appear improper for retention by School and

187-5   recommend alternatives.

187-6     210.189  Order of commitment: Modification; setting aside;

187-7   service of notice on Superintendent.

187-8     210.190  Officers and employees prohibited from serving as

187-9   guardian of person or estate of inmate.

187-10    210.210  Medical, surgical and dental services.

187-11    210.220  Forestry camps: Establishment; employment of

187-12   inmates.

187-13    210.230  Forestry camps: Power of Superintendent to

187-14   contract.

187-15    210.240  Parole of inmates; temporary furlough.

187-16    210.250  Suspension, modification or revocation of parole

187-17   by committing court.

187-18    210.260  Written order of Superintendent constitutes

187-19   warrant for arrest.

187-20    210.280  Penalty for aiding or concealing escape of inmate.

187-21    210.285  Required notice upon escape and apprehension of

187-22   inmate.

187-23    210.290  Discharge.

187-24    210.400  Definitions.

187-25    210.405  Administration.

187-26    210.450  Residence.

187-27    210.460  Perquisites.

187-28    210.470  Qualifications; procedure for recruitment.

187-29    210.480  Powers and duties.

187-30    210.490  Power to contract with university or organization

187-31   for research or training.

187-32    210.500  Appointment of staff of School; designation of

187-33   deputies.

187-34    210.510  Employees residing at School; perquisites at

187-35   discretion of Administrator; report to Legislature.

187-36    210.520  Organization of Department of Instruction;

187-37   programs of study; enrollment of inmates in public schools;

187-38   employment of inmates.

187-39    210.530  Duties of Superintendent concerning provisions of

187-40   title 34 of NRS.

187-41    210.535  Director to administer program to educate inmates

187-42   in problems of alcohol and drug abuse.

187-43    210.540  General provisions.

187-44    210.550  Caliente Youth Center’s Gift Account.

188-1     210.560  Money and valuables of inmate; disposition of

188-2  uncashed check issued by School to inmate.

188-3     210.570  Inmates’ commissary; Caliente Youth Center

188-4   Commissary Fund.

188-5     210.580  Commitment of delinquents; physical examination;

188-6   expenses of support and maintenance.

188-7     210.590  Presence of female attendant required when

188-8   dealing with female minors committed to School.

188-9     210.610  Committing court to transmit summary of case

188-10   history to Superintendent.

188-11    210.615  Transfer of inmate of Nevada Youth Training

188-12   Center.

188-13    210.620  Administrator to report to committing court

188-14   inmates who appear improper for retention by School and

188-15   recommend alternatives.

188-16    210.630  Order of commitment: Modification; setting aside;

188-17   service of notice on Superintendent.

188-18    210.640  Officers and employees prohibited from serving as

188-19   guardian of person or estate of inmate.

188-20    210.660  Medical, surgical and dental services.

188-21    210.670  Parole of inmates; temporary furlough.

188-22    210.680  Suspension, modification or revocation of parole

188-23   by committing court.

188-24    210.690  Written order of Superintendent constitutes

188-25   warrant for arrest.

188-26    210.710  Penalty for aiding or concealing escape of inmate.

188-27    210.713  Required notice upon escape and apprehension of

188-28   inmate.

188-29    210.715  Discharge.

188-30    210.730  “Youth Parole Bureau” defined.

188-31    210.735  Power of Chief to appoint employees and enter into

188-32   contracts.

188-33    210.740  Duties of Chief.

188-34    210.750  Placement of parolee in home and in educational or

188-35   work program; safekeeping of parolee’s money; dismissal of

188-36   proceedings; availability of facilities to be ascertained before

188-37   recommending revocation of parole.

188-38    210.755  Arrest and detention of alleged violator of parole.

188-39    213.220  Declaration of state policy.

188-40    213.230  Definitions.

188-41    213.240  Establishment of programs for special supervision

188-42   of youthful offenders.

188-43    213.245  Adoption of minimum standards for programs.

188-44    213.250  Application for state aid to support programs.

188-45    213.260  Prerequisites for receipt of state support.

189-1     213.270  Use of money received from State; determination

189-2  of amounts payable.

189-3     213.280  Allocation of money to juvenile courts for

189-4   programs.

189-5     213.285  Increase in amount of money appropriated to

189-6   county to be used for purchase of goods, property or services.

189-7     213.290  Report on program by juvenile court required.

189-8     214.010  Execution of compact.

189-9     214.015  Authorized amendment to compact.

189-10    214.020  Administrator: Designation; powers and duties.

189-11    214.030  Execution of supplementary agreements by

189-12   Administrator; limitations.

189-13    214.040  Payment of claims from Reserve for Statutory

189-14   Contingency Account.

189-15    214.050  Payment of fees of attorneys and guardians ad

189-16   litem.

189-17    214.060  Responsibilities of state departments, agencies and

189-18   officers.

 

189-19  H