Senate Bill No. 57–Senator Wiener

 

February 4, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises certain provisions governing program of restitution through work. (BDR 5‑588)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to juvenile justice; revising certain provisions governing the program of restitution through work; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  62.129  1.  A child alleged to be delinquent or in need of

1-3  supervision may be placed under the informal supervision of a

1-4  probation officer if the child voluntarily admits his participation in

1-5  the acts for which he was referred to the probation officer. If any of

1-6  the acts would constitute a gross misdemeanor or felony if

1-7  committed by an adult, the child may not be placed under informal

1-8  supervision unless the district attorney approves of the placement in

1-9  writing. The probation officer must advise the child and his parent,

1-10  guardian or custodian that they may refuse informal supervision.

1-11      2.  An agreement for informal supervision must be entered into

1-12  voluntarily and intelligently by the child with the advice of his

1-13  attorney, or by the child with the consent of a parent, guardian or

1-14  custodian if the child is not represented by counsel. The period of

1-15  informal supervision must not exceed 180 days. The terms of the

1-16  agreement must be clearly stated in writing and signed by all parties.

1-17  A copy of the agreement must be given to the child, the attorney for

1-18  the child, if any, the child’s parent, guardian or custodian, and the

1-19  probation officer, who shall retain a copy in his file for the case. The

2-1  child and his parent, guardian or custodian may terminate the

2-2  agreement at any time and request the filing of a petition for formal

2-3  adjudication.

2-4  3.  An agreement for informal supervision may require a child

2-5  to:

2-6  (a) Perform community service or provide restitution to any

2-7  victim of the acts for which the child was referred to the probation

2-8  officer;

2-9  (b) Participate in a program of restitution through work that is

2-10  established pursuant to NRS 62.2185 if the child:

2-11          (1) Is 14 years of age or older;

2-12          (2) Has never been found to be within the purview of this

2-13  chapter for an unlawful act that involved the use or threatened use of

2-14  force or violence against a victim and has never been found to have

2-15  committed such an unlawful act in any other jurisdiction[;] , unless

2-16  the probation officer determines that the child would benefit from

2-17  the program;

2-18          (3) Is required to provide restitution to a victim; and

2-19          (4) Voluntarily agrees to participate in the program of

2-20  restitution through work;

2-21      (c) Complete a program of cognitive training and human

2-22  development pursuant to NRS 62.2195 if:

2-23          (1) The child has never been found to be within the purview

2-24  of this chapter; and

2-25          (2) The unlawful act for which the child is found to be within

2-26  the purview of this chapter did not involve the use or threatened use

2-27  of force or violence against a victim; or

2-28      (d) Engage in any combination of the activities set forth in

2-29  paragraphs (a), (b) and (c).

2-30      4.  If an agreement for informal supervision requires a child to

2-31  participate in a program of restitution through work as set forth in

2-32  paragraph (b) of subsection 3 or complete a program of cognitive

2-33  training and human development as set forth in paragraph (c) of

2-34  subsection 3, the agreement may also require any or all of the

2-35  following, in the following order of priority if practicable:

2-36      (a) The child or the parent or guardian of the child, to the extent

2-37  of his financial ability, to pay the costs associated with the

2-38  participation of the child in the program, including, without

2-39  limitation, a reasonable sum of money to pay for the cost of policies

2-40  of insurance against liability for personal injury and damage to

2-41  property during those periods in which the child participates in the

2-42  program or performs work, and in the case of a program of

2-43  restitution through work, for industrial insurance, unless the

2-44  industrial insurance is provided by the employer for which the child

2-45  performs the work; or

3-1  (b) The child to work on projects or perform community service

3-2  pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period

3-3  that reflects the costs associated with the participation of the child in

3-4  the program.

3-5  5.  If a child is placed under informal supervision, a petition

3-6  based upon the events out of which the original complaint arose may

3-7  be filed only within 180 days after entry into the agreement for

3-8  informal supervision. If a petition is filed within that period, the

3-9  child may withdraw the admission he made pursuant to subsection

3-10  1. The child’s compliance with all proper and reasonable terms of

3-11  the agreement constitute grounds for the court to dismiss the

3-12  petition.

3-13      6.  Upon the request of the court, a probation officer shall file

3-14  with the court a report of the number of children placed under

3-15  informal supervision during the previous year, the conditions

3-16  imposed in each case and the number of cases that were successfully

3-17  completed without the filing of a petition.

3-18      Sec. 2.  NRS 62.2185 is hereby amended to read as follows:

3-19      62.2185  1.  In addition to the options set forth in NRS 62.211

3-20  and 62.213, the court may order a child who is found to be within

3-21  the purview of this chapter to participate in a program of restitution

3-22  through work that is established pursuant to this section if the child:

3-23      (a) Is 14 years of age or older;

3-24      (b) Has never been found to be within the purview of this

3-25  chapter for an unlawful act that involved the use or threatened use of

3-26  force or violence against a victim and has never been found to have

3-27  committed such an unlawful act in any other jurisdiction[;] , unless

3-28  the court determines that the child would benefit from the

3-29  program;

3-30      (c) Is ordered to provide restitution to a victim; and

3-31      (d) Voluntarily agrees to participate in the program of restitution

3-32  through work.

3-33      2.  If the court orders a child to participate in a program of

3-34  restitution through work, the court may order any or all of the

3-35  following, in the following order of priority if practicable:

3-36      (a) The child or the parent or guardian of the child, to the extent

3-37  of his financial ability, to pay the costs associated with the

3-38  participation of the child in the program, including, without

3-39  limitation, a reasonable sum of money to pay for the cost of policies

3-40  of insurance against liability for personal injury and damage to

3-41  property or for industrial insurance, or both, during those periods in

3-42  which the child participates in the program or performs work,

3-43  unless, in the case of industrial insurance, it is provided by the

3-44  employer for which the child performs the work; or

4-1  (b) The child to work on projects or perform community service

4-2  pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period

4-3  that reflects the costs associated with the participation of the child in

4-4  the program.

4-5  3.  A director of juvenile services may establish a program of

4-6  restitution through work. A program of restitution through work

4-7  must:

4-8  (a) Include, without limitation, instruction in skills for

4-9  employment and work ethics; and

4-10      (b) Require a child who participates in the program to:

4-11          (1) With the assistance of the program and if practicable,

4-12  seek and obtain a position of employment with a public or private

4-13  employer; and

4-14          (2) Sign an authorization form that permits money to be

4-15  deducted from the wages of the child to pay restitution. The director

4-16  of juvenile services may prescribe the contents of the authorization

4-17  form and may determine the amount of money to be deducted from

4-18  the wages of the child to pay restitution, but the director shall not

4-19  require that more than [50] :

4-20             (I) Fifty percent of the wages of the child be deducted to

4-21  pay restitution[.] if the child, with the approval of the director or

4-22  probation officer, secures the employment without the assistance

4-23  of the program; or

4-24             (II) Sixty percent of the wages of the child be deducted

4-25  to pay restitution if the child secures the employment with the

4-26  assistance of the program.

4-27      4.  A program of restitution through work may include, without

4-28  limitation, cooperative agreements with public or private employers

4-29  to make available positions of employment for a child who

4-30  participates in the program.

4-31      5.  A director of juvenile services may terminate participation

4-32  by a child in a program of restitution through work for any lawful

4-33  reason or purpose.

4-34      6.  A director of juvenile services may:

4-35      (a) Apply for, accept and expend grants, gifts, donations,

4-36  bequests or devises to finance a program of restitution through work

4-37  in the manner provided in NRS 62.2186; and

4-38      (b) Contract with persons and public or private entities that are

4-39  qualified to operate or to participate in a program of restitution

4-40  through work.

4-41      7.  A director of juvenile services may designate a person to

4-42  carry out the provisions of this section.

4-43      8.  The provisions of this section do not:

4-44      (a) Create a right on behalf of a child to participate in a program

4-45  of restitution through work or to hold a position of employment; or

5-1  (b) Establish a basis for any cause of action against the State or

5-2  its officers or employees for denial of the ability to participate in or

5-3  for removal from a program of restitution through work or for denial

5-4  of or removal from a position of employment.

 

5-5  H