AB 180 — Enacts the Juvenile Justice Bill of Rights. (BDR 5-711)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2017) FIRST REPRINT A.B.

180180–Assemblymen AMonroe-Moreno; SSEMBLY BILL NO .

180–ABilbray- SSEMBLYMENAxelrod, MBrooks, ONROECohen, -MFrierson, ORENOMcCurdy ;II, Miller, Ohrenschall, Thompson and Yeager CHAPTER..........

BILBRAY -A XELROD , BROOKS , COHEN , FRIERSON , M CC URDY II, M ILLER, OHRENSCHALL , THOMPSON AND Y EAGER PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Enacts the Juvenile Justice Bill of Rights.

(BDR 5-711) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegThis Counsel’sbill Digest:enacts the Juvenile Justice Bill of Rights.

ThisSection bill5 enactsof thethis Juvenilebill Justicesets Billforth certain rights of Rights.children who are detained in a detention facility.

Section 56 of this bill sets this bill requires a detention facility in which a child is detained to:

and (3) post a writtenSection copy7 of thosethis bill authorizes a detention facility to place reasonable restrictions on the rights inof a conspicuouschild based upon the time, place insideand manner of the detentionchild’s facility.exercise of those rights if such restrictions are necessary to preserve order, security or safety.

Section 78 of this bill authorizes a detentionchild facilitywho tobelieves placethat reasonablehis restrictionsor onher the rights ofhave abeen childviolated basedto uponraise the time, place and mannerredress ofa thegrievance. child’s or safety.

Section 88.5 of this bill authorizesrequires aeach childdetention whofacility believesto thatestablish hisappropriate orpolicies hercurity rights have been violated to raiseensure andthat redressappropriate apsychotropic grievance.medication.

SectionSections 8.59-11 of this bill requiresmake eachconformingcally detentionchanges. facility to establish appropriate policies to ensure that children who are detained in the detention facility have timely access to clinically - *AB180_R1* – 2 – appropriate psychotropic medication.

SectionsEXPLANATION 9-11– ofMatter thisin billbolded makeitalics conformingis changes.new;

matter between brackets [omitted material] is material to be omitted.

- 79th Session (2017) – 2 – 1.

Except as otherwise provided in section 7 of this act, a childwithin whothis isState placedhas in the careright:and and custody of a detention facility within1. this State has the right:

1.

(b) Corporal punishment, as defined in NRS 388.478, except the reasonable use of force that is necessary to preserve the order, - *AB180_R1* – 3 – security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

- 79th Session (2017) – 3 – (f) Being searched for the purpose of harassment or as a form of punishment or discipline.

(g) Being restricted from a daily shower, clean clothing, drinking water, a toilet or reading materials relating to the educationdiscipline.r or detention of the child as a form of punishment or discipline.9.

9.

(4)(5) MembersHolders of thepublic clergy;office, and people who work at a state or federal court.

and¬ (5)Except Holdersas ofotherwise publicprovided office,by andspecific peoplestatute, whoa workcommunication atmade apursuant stateto orthis federalparagraph court.is not a privileged communication.

- *AB180_R1* – 4 – ¬ Except as otherwise provided by specific statute, a communication made pursuant to this paragraph is not a privileged communication.

Inform the child of his or her rights as set forth in section 5 of this act;

- 79th Session (2017) – 4 – 2.

To the extent that it is practicable, provide a written copy of thosetho5. rights to the parent or guardian of the child;

andriPost 5.a written copy of the rights set forth in section 5 of this act in a conspicuous place inside the detention facility.

Post a written copy of the rights set forth in section 5 of this act in a conspicuous place inside the detention facility.

Each detention facility shall establish appropriate policies to ensure that children who are detained in the detention facility have timely access to and safe administration of clinically appropriate psychotropic medication.

The policies must include,include,cally without limitation, policies concerning:

The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug - *AB180_R1* – 5 – Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

- 79th Session (2017) – 5 – Sec.

62A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 62A.020 to 62A.350, inclusive, and section 2 of this act have the meanings ascribed to themtheSec. in those sections.