AB 395 — Revises provisions governing juvenile justice. (BDR 5-853)

In addition to any other action authorized or required pursuant to the provisions of this title, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult and was 14 years of age or - *AB395* – 6 – older at the time of the commission of the unlawful act, the juvenile court shall:

- 79th Session (2017) – 6 – (b) Inform the child and the parent or guardian of the child that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 4 to 14, inclusive, of this act.

2.the child for the purposes of carrying out the provisions ofn over sections 4 to 14, inclusive, of this act until the juvenile court, pursuant to section 12 of this act, has relieved the child from being subject to the requirements for registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, or ordered that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

The juvenile court may not terminate its jurisdiction over the child for the purposes of carrying out the provisions of sections 4 to 14, inclusive, of this act until the juvenile court, pursuant to section 12 of this act, has relieved the child from being subject to the requirements for registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, or ordered that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

In determining at the hearing whether the child is likely to poseconsider athe threatfollowing tofactors:others, the safetyjuvenile court shall (a) The number, date, nature and gravity of others,the act or acts committed by the juvenilechild, courtincluding, shallwithout considerlimitation, whether the followingact factors:or acts were characterized by repetitive and compulsive behavior.

(a) The number, date, nature and gravity of the act or acts committed by the child, including, without limitation, whether the act or acts were characterized by repetitive and compulsive behavior.

- *AB395* – 7 – (d) The history of the child with the juvenile court, including, without limitation, reports concerning any unlawful acts which the child has admitted committing, any acts for which the juvenile court placed the child under a supervision and consent decree pursuant to NRS 62C.230 and any prior adjudication of delinquency or need of supervision.

- 79th Session (2017) – 7 – (e) The results of any psychological or psychiatric profiles of the child and whether those profiles indicate a risk of recidivism.

(f) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.ill(g) The impact of the unlawful act on the victim and any statements made by the victim.

(g) The impact of the unlawful act on the victim and any statements made by the victim.

(2) The extent to which the child has received counseling, therapy or treatment and the response of the child to any such counseling, therapy or treatment;

and of the child to any such (3) The behavior of the child while subject to the jurisdiction of the juvenile court, including, without limitation, the behavior of the child during any period of confinement.

- *AB395* – 8 – Sec.

If a child has been adjudicated delinquent for a sexual offense, the juvenile court shall hold a hearing when the child reaches 21 years of age, or at a time reasonably near the date on - 79th Session (2017) – 8 – which the child reaches 21 years of age, to determine whether the child should be subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

At the hearing pursuant to this section, the juvenile court may consider any evidence, reports, statements or other material which the juvenile court determines is relevant and helpful totoal determine whether the child has been rehabilitated to the satisfaction of the juvenile court and is not likely to pose a threat to the safety of others.

and (c) Inform the child that he or she is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550,179D.550,ation and inclusive.

- *AB395* – 9 – (b) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment.

- 79th Session (2017) – 9 – (c) Whether psychological or psychiatric profiles indicate a risk of recidivism.

(d) The behavior of the child while subject to the jurisdiction of the juvenile court, including, without limitation, the behavior of the(e) Whether the child duringhas made any periodrecent ofthreats confinement.against a person or expressed any intent to commit any crimes in the future.

(e) Whether the child has made any recent threats against a person or expressed any intent to commit any crimes in the future.

Sec.finding, determination or other act required to be made oraster any performed by the juvenile court pursuant to sections 11 and 12 of this act.

13.

1.

The juvenile court may not refer to a master any finding, determination or other act required to be made or performed by the juvenile court pursuant to sections 11 and 12 of this act.

- *AB395*79th Session (2017) – 10 – 2.

For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may a release juvenile justice information to:

(j) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;

[or] (n) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order [.] ;

ororand opportunity to be heard before the issuance (o) A law enforcement agency in the course of a criminal investigation, a delinquency proceeding conducted pursuant to the provisions of this title or a situation involving a child who is - 79th Session (2017) – 11 – subject to the jurisdiction of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others.

- *AB395* – 11 – 3.

(a)section, Thedemonstrate requestgood doescause not,for inthe accordancerelease withof the purposesinformation;s ofor this(b) section,The demonstraterelease goodof the information would cause formaterial harm to the releasechild ofor would prejudice any court proceeding to which the information;child is subject.

or (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

(a) A district attorney who uses the information solely for the purposepur(b) ofA initiatingperson legalor proceedings;organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS.

or (b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS.

- 79th Session (2017) – 12 – 1.

-section *AB395*14 –of 12this –act; 3.

Recordsorubject that are subject to the provisions of [NRS 62F.260;] section4. 14 of this act;

or 4.

The term does not include an adjudication of delinquency by a court having jurisdiction over juveniles if, pursuant to section 12 of this act, the court has relieved the juvenile from being subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

NRS 179D.0559 is hereby amended to read as follows:fol179D.0559 1.

179D.0559 1.

- 79th Session (2017) – 13 – (a) Convicted] convicted of a sexual offense listed in NRS 179D.097 .

or (b) Adjudicated delinquent by a court having jurisdiction over juveniles of a sexual offense listed in NRS 62F.200 if the offender waswas2.4 14yThe yearsterm ofincludes, agewithout limitation, a sex offender who is a student or olderworker atwithin thethis timeState ofbut thewho offense.]is -not *AB395*otherwise –deemed 13a –resident 2.offender pursuant to subsection 2 or 3 of NRS 179D.460.

The term includes, without limitation, a sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

If the offender or sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the CentralCen(a) RepositoryImmediately shall:provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction;

(a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction;

- 79th Session (2017) – 14 – (a) The Department of Corrections or a local law enforcement agencyor inconfined whoseshall:cility facility the offender or sex offender is incarcerated (1) Inform the offender or confinedsex shall:offender of the requirements for registration, including, but not limited to:

(1)(I) InformThe duty to register initially with the appropriate law enforcement agency in the jurisdiction in which the offender or sex offender ofwas convicted if the requirementsoffender foror registration,sex including,offender butis not limiteda to:resident of that jurisdiction pursuant to NRS 179D.445;

(I) The duty to register initially with the appropriate law enforcement agency in the jurisdiction in which the offender or sex - *AB395* – 14 – offender was convicted if the offender or sex offender is not a resident of that jurisdiction pursuant to NRS 179D.445;

(IV) If the offender or sex offender moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

with the appropriate law (V) The duty to notify the local law enforcement agency for the jurisdiction in which the offender or sex offender now resides, in person, and the jurisdiction in which the offender or sex offender formerly resided, in person or in writing, if the offender or sex offender changes the address at which the offender or sex offender resides, including if the offender or sex offender moves from this State to another jurisdiction, or changes the primary address at which the offender or sex offender is a student or worker;

and (VI) The duty to notify immediately the appropriate local law enforcement agency if the offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s enrollment at an institution of higher education or if the offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s work at an institution of higher education;

and sex (2) Require the offender or sex offender to read and sign a form stating that the requirements for registration have been explained and that the offender or sex offender understands the - 79th Session (2017) – 15 – requirements for registration, and to forward the form to the Central Repository.

(1) Update the record of registration for the offender or sex offender;offende(2) [Provide] Except as otherwise provided in section 11 of this act, provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475;

(2)and [Provide](3) ExceptProvide asnotification otherwiseconcerning providedthe inoffender sectionor 11sex ofoffender thisto act,the provideappropriate communitylocal notificationlaw concerningenforcement agencies and, if the offender or sex offender pursuantwill reside upon release in a jurisdiction which is outside of this State, to the provisionsappropriate oflaw NRSenforcement 179D.475;agency in that jurisdiction.

and (3) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if - *AB395* – 15 – the offender or sex offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

Sec.179D.490 N1.

22.1An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

NRS 179D.490 is hereby amended to read as follows:

179D.490 1.

An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

Except as otherwise provided in subsection 3 [,] and section 12 of this act, the full period of registration is:

and - 79th Session (2017) – 16 – (c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender, ¬ exclusive of any time during which the offender or sex offender is incarcerated or confined.

3.for registration:ender or sex offender complies with the provisions (a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender;

Ifor (b) For an interval of at least 25 consecutive years, if the offender or sex offender compliesis witha Tier III offender adjudicated delinquent for the provisionsoffense which required registration as an offender or sex offender, ¬ during which the offender or sex offender is not convicted of an offense for registration:which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker.

(a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender;

or (b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, - *AB395* – 16 – ¬ during which the offender or sex offender is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker.

4.subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence.

If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence.

- 79th Session (2017) – 17 – Sec.

(a) Except as otherwise provided in this subsection, for the first off(b) For any subsequent offense, or if the person has previously been convicted of a grosssexual misdemeanor.offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

(b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

- *AB395* – 17 – 2.

(c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

- 79th Session (2017) – 18 – 3.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose afterafterpriated September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

- *AB395* – 18 – 3.

There is hereby appropriated from the State General Fund to the Third Judicial District of the State of Nevada the sum of $200,000 for the Lyon County Intervention and Family Enrichment Program.

for the Lyon County Intervention and Family 2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently - 79th Session (2017) – 19 – granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

(a) The sum of $131,341 for the salary and benefits for a licensed clinical social worker or licensed professional counselor to provide evaluations and counseling for juveniles.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was - *AB395* – 19 – appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Detention Alternatives for Youth program.

source 3.

There is hereby appropriated from the State General Fund to the Sixth Judicial District of the State of Nevada the sum of $98,200 for the Willing to Rise Above the Pressure - 79th Session (2017) – 20 – program to provide comprehensive case management for juveniles who are referred to the juvenile justice system.

The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding3.ndiAny forremaining thebalance Willingof to Rise Above the Pressureappropriation program.made byram.

3.subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

- *AB395* – 20 – 2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose afterafterpriated September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

- 79th Session (2017) – 21 – 2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity - *AB395* – 21 – to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequentlysubsequentlys granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity - 79th Session (2017) – 22 – to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

(a) The sum of $36,000 to provide comprehensive mental health evaluations or assessments to juveniles who are referred to thetheh juvenile justice system.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently - *AB395* – 22 – granted or transferred, and must be reverted to the State General FunSec.Fund on or before September 20, 2019.

36.befNRS 62F.200, 62F.220 and 62F.260 are hereby repealed.

36.

NRS 62F.200, 62F.220 and 62F.260 are hereby repealed.

Sec.

TEXT~~~~~ OF17 REPEALED- SECTIONS79th 1.F.AsSession used(2017) in this section and NRS 62F.220 and 62F.260, unless the context otherwise requires, “sexual offense” means:

(a) Sexual assault pursuant to NRS 200.366;

(b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

(c) Lewdness with a child pursuant to NRS 201.230;

or (d) An attempt or conspiracy to commit an offense listed in this section.

2.

The term does not include an offense involving consensual sexual conduct if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

62F.220 Certain duties of juvenile court with respect to juvenile sex offenders;

jurisdiction of juvenile court not terminated until child no longer subject to registration and community notification.

1.

If a child who is 14 years of age or older is adjudicated if committed by an adult, the juvenile court shall:

a sexual offense (a) Notify the Central Repository of the adjudication of the child, so the Central Repository may carry out any provisions for registration of the child pursuant to NRS 179D.010 to 179D.550, inclusive;

and (b) Inform the child and the parent or guardian of the child that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

2.

The juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of this section and NRS 62F.200 and 62F.260 until the child is no longer subject to registration and community notification as a juvenile sex offender pursuant to this section and NRS 62F.200 and 62F.260.

- *AB395* – 23 – 62F.260 Records not sealed during period of registration and community notification.

The records relating to a child must not be sealed pursuant to the provisions of NRS 62H.100 to 62H.170, inclusive, while the child is subject to registration and 179D.010 to 179D.550, inclusive.nile sex offender pursuant to NRS H - *AB395*