Nevada 2017 Regular Session Status: Enacted

AB 472 — Establishes policies for reducing recidivism rates and improving other outcomes for youth in the juvenile justice system. (BDR 5-918)

Last action — Approved by the Governor. Chapter 604.

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This bill has been enacted into law. Introduced March 27, 2017. Enacted.

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EXEMPT (Reprinted with amendments adopted on June 2, 2017) THIRD REPRINT A.B.
Assembly Bill No.
472 ASSEMBLY B ILL N O.
472–Committee on Judiciary CHAPTER..........
472–C OMMITTEE ON JUDICIARY (O N BEHALF OF THE O FFICE OF THE G OVERNOR ) M ARCH 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Establishes policies for reducing recidivism rates and improving other outcomes for youth in the juvenile justice system.
(BDR 5-918) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTNREQUESTED BADFFECTEDLOCALGOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB472_R3* – 2 – Legislative Counsel’s Digest:
Legislative Counsel’s Digest:
(Title 5 of NRS) Section 4 of this bill creates the Juvenile Justice Oversightate.
Existing law provides generally for a system of juvenile justice in this State.
(1) establish a uniform procedure for the Division of Child and Family Services of the Department of Health and Human Services, the Youth Parole Bureau and each department of juvenile services in this State to follow when developing performance measures related to the juvenile justice system;
(1) establish a uniform procedure for the Division of Child and Parole Bureau and each department of juvenile services in this State to follow when developing performance measures related to the juvenile justice system;
(2) establish standard procedures for measuring outcomes for children subject to the the juvenile court, the Division and each department of juvenile services inool to assist determining the appropriate actions to take for children subject to the jurisdiction of the juvenile court and a validated mental health screening tool to determine the appropriate actions to take for children in need of supervision;
(2) establish standard procedures for measuring outcomes for children subject to the jurisdiction of the juvenile court;
and (4) contract with a qualified vendor or provider to provide technical assistance and training to employees of the juvenile justice system on the implementation and operation of such tools.
(3) select a validated risk assessment tool to assist - 79th Session (2017) – 2 – the juvenile court, the Division and each department of juvenile services in determining the appropriate actions to take for children subject to the jurisdiction of the juvenile court and a validated mental health screening tool to determine the appropriate actions to take for children in need of supervision;
Section 6 of this bill requires the Commission to develop a 5-year strategic plan that establishes policies and procedures for the Division and each department of juvenile services relating to the use of evidence-based practices when providing bill requires the members of the Commission to conduct annual quality assurance 7 of this reviews of each state facility for the detention of children and each regional facility for the treatment and rehabilitation of children, which section 13.2 of this bill defines as a regional facility which:
and (4) contract with a qualified vendor or provider to provide technical assistance and training to employees of the juvenile justice system on the implementation and operation of suchSection 6 of this bill requires the Commission to develop a 5-year strategic plan that establishes policies and procedures for the Division and each department of juvenile services relating to the use of evidence-based practices when providing services to children subject to the jurisdiction of the juvenile court.
Section 7 of this bill requires the members of the Commission to conduct annual quality assurance reviews of each state facility for the detention of children and each regional facility for the treatment and rehabilitation of children, which section 13.2 of this bill defines as a regional facility which:
(1) develop a facility improvement plan, in coordination with address any issues raised in the review;
(1) develop a facility improvement plan, in coordination with the Division or a local department of juvenile services, if such a plan is required to address any issues raised in the review;
and (2) submit such a plan to the required to Commission.
and (2) submit such a plan to the Commission.
Section 7 further requires the Commission to compile all such facility improvement plans and submit the plans to the Governor and the Director of the Legislative Counsel Bureau with its annual review.
Section 7 further requires the Commission to compile all such facility Legislative Counsel Bureau with its annual review.rnor and the Director of the Section 8 of this bill requires the Division and each department of juvenile services to, on or before July 1, 2018, implement the validated risk assessment tool and the validated mental health screening tool selected by the Commission for evaluation of children subject to the jurisdiction of the juvenile court.
Section 8 of this bill requires the Division and each department of juvenile services to, on or before July 1, 2018, implement the validated risk assessment tool and the validated mental health screening tool selected by the Commission for evaluation of children subject to the jurisdiction of the juvenile court.
Section 8 also establishes the cost allocation for the expenses of implementing such tools, such that the responsibility for those expenses will shift from the State to each department of juvenile services over the next 2 fiscal years.
Section 8 also establishes the cost allocation for the expenses of implementing such tools, such that the responsibility for those expenses will shift from the State to each requires the Division and each department of juvenile services that receives moneyll from the state, other than any money received from the State Plan for Medicaid, to use such money to develop, promote and coordinate evidence-based programs and services.
Section 9 of this bill requires the Division and each department of juvenile services that receives money from the state, other than any money received from the State Plan for Medicaid, to use such money to develop, promote and coordinate evidence-based programs and services.
Section 10 of this bill requires the Division to issue a request for proposals to establish an evidence-based program resource center.
Section 10 of this bill requires the Division to issue a request for proposals to resource center to:
Section 10 requires the - *AB472_R3* – 3 – resource center to:
(1) provide technical assistance to the Division, each department of juvenile services and treatment providers to support the implementation and operation of evidence-based programs and practices as set forth in the Commission’s 5-year strategic plan;
(1) provide technical assistance to the Division, each department operation of evidence-based programs and practices as set forth in thetion and Commission’s 5-year strategic plan;
Existing law establishes provisions governing the disposition by a juvenile Section 15 of this bill requires the department of juvenile services, before theNRS) disposition of a child’s case, to conduct a risk assessment and a mental health screening on the child using the validated tools selected by the Commission and, in certain circumstances, a full mental health assessment, and to prepare a report based on the results of the risk assessment, mental health screening and any full mental health assessment as to the most appropriate disposition of the case.
- 79th Session (2017) – 3 – Existing law establishes provisions governing the disposition by a juvenile court of cases of children subject to the court’s jurisdiction.
Section 16 of this bill requires a department of juvenile services to develop an individualized case plan for each child placed under the supervision of the juvenile court, placed under the informal supervision of a probation officer or committed to a regional facility for the treatment and rehabilitation of children.
(Chapter 62E of NRS) Section 15 of this bill requires the department of juvenile services, before the disposition of a child’s case, to conduct a risk assessment and a mental health screening on the child using the validated tools selected by the Commission and, in certain circumstances, a full mental health assessment, and to prepare a report mental health assessment as to the most appropriate disposition of the case.
Section 16 sets bill requires the Division to:
Section of this bill requires a department of juvenile services to develop an individualized case plan for each child placed under the supervision of the juvenile court, placed under the informal supervision of a probation officer or committed to a regional facility for the treatment and rehabilitation of children.
Section 16 sets forth the information required to be included in each case plan.
Section 17 of this bill requires the Division to:
Sections 20 and 21 of this bill revise the process for how mental health screenings of children who are adjudicated delinquent and committed to a rehabilitation of children are to be conducted.
Sections 20 and 21 of this bill revise the process for how mental health screenings of children who are adjudicated delinquent and committed to a state facility for the detention of children or a regional facility for the treatment and rehaExisting law requires the Division to:
a regional facility for the treatment and Existing law requires the Division to:
Section 22 of this bill requires the Division to analyze such information and submit a report to the Governor and to the Legislature relating to the trends that exist in the juvenile justice system and the effectiveness of the that requires each local juvenile probation department to analyze such informationn and submit a report to the Division.
Section 22 of this bill requires the Division to analyze such information and submit a report to the Governor and to the Legislature relating to the trends that exist in the juvenile justice system and the effectiveness of the system’s programs and services.
Section 33 of this bill repeals a similar provision that requires each local juvenile probation department to analyze such information and submit a report to the Division.
Existing law authorizes a director of juvenile services and the Youth Parole Bureau to release certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system.
Existing law authorizes a director of juvenile services and the Youth Parole of the juvenile court to certain other persons involved in the juvenile justice system.
(NRS 62H.025) Section 23 of this bill revises the list of persons to whom a director - *AB472_R3* – 4 – of juvenile services and the Youth Parole Bureau may release information to include:
(NRS 62H.025) Section 23 of this bill revises the list of persons to whom a director of juvenile services and the Youth Parole Bureau may release information to include:
or (5) the director of Existing law provides for the suspension, modification or revocation of the parole of a child.
or (5) the director of an agency which provides mental health services.
(NRS 63.770) Section 26 of this bill requires the Youth Parole Bureau to establish policies and procedures to be used when determining the most appropriate and least restrictive response to a violation of a child of the terms and conditions of his or her parole.
Existing law provides for the suspension, modification or revocation of the parole of a child.
(NRS 63.770) Section 26 of this bill requires the Youth Parole Bureau to establish policies and procedures to be used when determining the most appropriate and least restrictive response to a violation of a child of the terms and - 79th Session (2017) – 4 – conditions of his or her parole.
Section 29 of this bill prohibits the Chief of the Youth Parole Bureau from recommending to the juvenile court that a child’s parole be revoked unless:
Section 29 of this bill prohibits the Chief of the Youth Parole Bureau from child poses a risk to public safety;
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(1) the and procedures adopted by the Youth Parole Bureau pursuant to section 26 wouldhe policies not be appropriate for the child.
or (2) the other responses set forth in the policies and procedures adopted by the Youth Parole Bureau pursuant to section 26 would not be appropriate for the child.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB472_R3* – 5 – (e) The Deputy Administrator of Juvenile Services of the Division of Child and Family Services or his or her designee.
(e) The Deputy Administrator of Juvenile Services of the Division of Child and Family Services or his or her designee.
(2) Is 100,000 or more but less than 700,000.
- 79th Session (2017) – 5 – (2) Is 100,000 or more but less than 700,000.
(i) One member who is a representative of a law enforcement agency.
agency.One member who is a representative of a law enforcement (j) Two members who are representatives of a nonprofit organization which provides programs to prevent juvenile delinquency.
(j) Two members who are representatives of a nonprofit organization which provides programs to prevent juvenile delinquency.
The members of the Commission serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
The members of the Commission serve without compensation but are entitled to receive the per diem allowance generally.
6.
expenses provided for state officers and employees 6.
A - *AB472_R3* – 6 – state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:
A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Commission;
- 79th Session (2017) – 6 – (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Commission;
At the first meeting of the Commission and annually thereafter:
At the first meeting of the Commission and annually the(a) The Governor shall appoint a Chair of the Commission;
(a) The Governor shall appoint a Chair of the Commission;
(c) Two members who are judges of a juvenile court.
3.) The Committee shall make recommendations concerning any duties assigned to the Commission.
3.
The Committee shall make recommendations concerning any duties assigned to the Commission.
A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a - *AB472_R3* – 7 – quorum present at any meeting is sufficient for any official action taken by the Commission.
A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a - 79th Session (2017) – 7 – quorum present at any meeting is sufficient for any official action taken by the Commission.
1.
for the Division of Child and Family Services, the Youth Parolee Bureau and each department of juvenile services to use for developing performance measures to determine the effectiveness of the juvenile justice system, including, without limitation, performance measures for juvenile court referrals and dispositions, supervision of a child subject to the jurisdiction of the juvenile court, services provided by agencies which provide juvenile justice services and rates of recidivism.
On or before July 1, 2018, establish a uniform procedure for the Division of Child and Family Services, the Youth Parole Bureau and each department of juvenile services to use for developing performance measures to determine the effectiveness of the juvenile justice system, including, without limitation, performance measures for juvenile court referrals and dispositions, supervision of a child subject to the jurisdiction of the juvenile court, services provided by agencies which provide juvenile justice services and rates of recidivism.
4.
assistance to assist the Division of Child and Family Services and each department of juvenile services with the implementation of the validated risk assessment tool.
Contract with a qualified vendor or provider of technical assistance to assist the Division of Child and Family Services and each department of juvenile services with the implementation of the validated risk assessment tool.
(b) Strategies, including, without limitation, measurable goals, timelines and responsible parties, to enhance the capacity of the - *AB472_R3* – 8 – Division of Child and Family Services and each department of juvenile services to:
- 79th Session (2017) – 8 – (b) Strategies, including, without limitation, measurable goals, timelines and responsible parties, to enhance the capacity of the Division of Child and Family Services and each department of juvenile services to:
(1) Comply with the evidence-based standards developed by the Commission;
the Commission;
and (2) Partner with treatment providers that offer evidence- based programs for the treatment of children subject to the jurisdiction of the juvenile court;
andth the evidence-based standards developed by (2) Partner with treatment providers that offer evidence- based programs for the treatment of children subject to the jurisdiction of the juvenile court;
The members of the Commission shall conduct an annual quality assurance review of each state facility for the detention of children and regional facility for the treatment and rehabilitation of children.
The members of the Commission shall conduct an annual quality assurance review of each state facility for the rehabilitation of children.
Each review must use a validated service assessment tool, selected by the Commission, which includes, without limitation:
Each review must use a validatedt and service assessment tool, selected by the Commission, which includes, without limitation:
3.
- 79th Session (2017) – 9 – 3.
The members of the Commission who conduct a review pursuant to subsection 1 shall share the results of the review and recommendations for improvement with the facility and the Division of Child and Family Services or a local department of juvenile services.
The members of the Commission who conduct a review pursuant to subsection 1 shall share the results of the review and recommendations for improvement with the facility and the Division of Child and Family Services or a local department of juv4.ilA facility shall develop a facility improvement plan, in coordination with the Division of Child and Family Services or a local department of juvenile services, if such a plan is required to address any issues raised in the review.
- *AB472_R3* – 9 – 4.
A facility shall develop a facility improvement plan, in coordination with the Division of Child and Family Services or a local department of juvenile services, if such a plan is required to address any issues raised in the review.
The costs of implementing and operating the validated risk assessment tool and the validated mental health screening tool pursuant to subsection 1 must be allocated in the following manner:
The costs of implementing and operating the validated risk assessment tool and the validated mental health screening tool pursuant to subsection 1 must be allocated in the following man(a) In Fiscal Year 2017-2018, the Division of Child and Family Services pays 100 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.
(a) In Fiscal Year 2017-2018, the Division of Child and Family Services pays 100 percent of the costs incurred by each department of juvenile services associated with the validated risk assessment tool and the validated mental health screening tool.
Sec.
- 79th Session (2017) – 10 – Sec.
Except as otherwise provided in subsection 2 and subject to the provisions of subsection 4, the Division of Child and Family Services and each department of juvenile services that receives money from the State, except money received from the State Plan for Medicaid as a benefit for a child subject to the jurisdiction of a juvenile court, must use such money to develop, promote and coordinate evidence-based programs and practices.
Except as otherwise provided in subsection 2 and subject to the provisions of subsection 4, the Division of Child and Family Services and each department of juvenile services that receives money from the State, except money received from the jurisdiction of a juvenile court, must use such money to develop, promote and coordinate evidence-based programs and practices.
- *AB472_R3* – 10 – 2.
2.
(d) In Fiscal Year 2022-2023 and each subsequent fiscal year, 100 percent.
(d) In Fiscal Year 2022-2023 and each subsequent fiscal year, percent.
Sec.
Child and Family Services shall issue a request for proposals tof establish an evidence-based program resource center.
10.
1.
On or before September 1, 2017, the Division of Child and Family Services shall issue a request for proposals to establish an evidence-based program resource center.
and (2) The analysis of quality assurance protocols to ensure such programs meet the evidence-based standards developed by the Commission pursuant to section 6 of this act;
and - 79th Session (2017) – 11 – (2) The analysis of quality assurance protocols to ensure such programs meet the evidence-based standards developed by the Commission pursuant to section 6 of this act;
(c) Act as a clearinghouse for information and statewide resources on evidence-based programs and practices for children subject to the jurisdiction of the juvenile court;
(c) Act as a clearinghouse for information and statewide subject to the jurisdiction of the juvenile court;
(d) Facilitate collaboration among state and local agencies and treatment providers to increase access to such providers;
for children (d) Facilitate collaboration among state and local agencies and treatment providers to increase access to such providers;
- *AB472_R3* – 11 – Sec.
Sec.
3.
4.
Involving family members in the child’s treatment;
Soliciting the feedback of family members relating tod improvements to the services rendered to children subject to the jurisdiction of the juvenile court.
and 4.
Soliciting the feedback of family members relating to improvements to the services rendered to children subject to the jurisdiction of the juvenile court.
“Regional facility for the [detention] treatment and rehabilitation of children” means a regional facility [for the detention or commitment of] which provides court-ordered treatment and rehabilitation for children and which is administered by or for the benefit of more than one governmental entity.
“Regional facility for the [detention] treatment and rehabilitation of children” means a regional facility [for the detention or commitment of] which provides court-ordered - 79th Session (2017) – 12 – treatment and rehabilitation for children and which is administered by or for the benefit of more than one governmental entity.
(a) The [institution] facility in Clark County known as Spring Mountain Youth Camp;
(a) The [institution] facility in Clark County known as Spring Mou(b) The [institution] facility in Douglas County known as China Spring Youth Camp;
(b) The [institution] facility in Douglas County known as China Spring Youth Camp;
- *AB472_R3* – 12 – Sec.
Sec.
Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for the [detention] treatment and rehabilitation of children, the juvenile court may order the county where the child has a legal residence to pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services.
Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for the [detention] treatment and rehabilitation of children, the juvenile pay the expenses incurred for the support of the child in an amount equal to any money paid for that purpose by the Division of Child and Family Services.
Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the [detention] treatment and rehabilitation of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 700,000.
Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the [detention] treatment and rehabilitation of - 79th Session (2017) – 13 – children that is partially supported by the State of Nevada and is operated by a county whose population is less than 700,000.
The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 700,000 or more, and multiplied by the number of pupils in the assessed county.
The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional support of the regional facility, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 700,000 or more, and multiplied by the number of pupils in the assessed county.
- *AB472_R3* – 13 – 4.
4.
As used in this section, “regional facility for the [detention] treatment and rehabilitation of children” or “regional facility” does not include the [institution] facility in Lyon County known as Western Nevada Regional Youth Center.
As used in this section, “regional facility for the [detention] not include the [institution] facility in Lyon County known asy” does Western Nevada Regional Youth Center.
(b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is operated pursuant to an interlocal agreement to benefit other counties;
(b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is - 79th Session (2017) – 14 – operated pursuant to an interlocal agreement to benefit other counties;
and (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the regional facility for a child referred to the regional facility by the State of Nevada.
and (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid the State of Nevada.lity for a child referred to the regional facility by 2.
2.
(a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the - *AB472_R3* – 14 – regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.
(a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.
(1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth;
(1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child the total number of pupils in the preceding school year in allded by counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth;
3.
- 79th Session (2017) – 15 – 3.
Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that are due on the first day of the first month of each calendar quarter.
Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that The money must be accounted for separately and may only bear quarter.
The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility.
withdrawn by the administrator of the regional facility.
A child who is detained in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children may be - *AB472_R3* – 15 – subjected to corrective room restriction only if all other less- restrictive options have been exhausted and only for the purpose of:
A child who is detained in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children may be subjected to corrective room restriction only if all other less- restrictive options have been exhausted and only for the purpose of:
Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.
Any action that results in corrective room restriction for a supervisor.ours must be documented in writing and approved by 3.
3.
(a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;
- 79th Session (2017) – 16 – (a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;
(b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility;
(b) Access to the same meals and medical and mental health guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility;
A local [or regional] facility for the detention of children or regional facility for the treatment and rehabilitation of children shall not subject a child to corrective room restriction for more than 72 consecutive hours.
A local [or regional] facility for the detention of children or regional facility for the treatment and rehabilitation of children shall not subject a child to corrective room restriction for more than consecutive hours.
[A] Each local [or regional] facility for the detention of children and regional facility for the treatment and rehabilitation of children shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective - *AB472_R3* – 16 – room restriction.
[A] Each local [or regional] facility for the detention of children and regional facility for the treatment and rehabilitation of children shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction.
8.
the confinement of a child to his or her room as a disciplinary orns protective action and includes, without limitation:
As used in this section, “corrective room restriction” means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:
2.
- 79th Session (2017) – 17 – 2.
The method for conducting the screening required pursuant to subsection 1 must satisfy the requirements of NRS 62E.516.
The method for conducting the screening required pursuant to Sec.
14.on Chapter 62E of NRS is hereby amended by adding.
thereto the provisions set forth as sections 14.5 to 17, inclusive, of this act.
14.
Chapter 62E of NRS is hereby amended by adding thereto the provisions set forth as sections 14.5 to 17, inclusive, of this act.
Sec.
Beginning on the date selected by the Commission for implementation of the requirement for use of the validated risk assessment tool and the validated mental health screening tool selected pursuant to section 5 of this act, before the disposition of a case involving a child who is adjudicated delinquent, the department of juvenile services shall conduct a validated risk assessment and validated mental health screening - *AB472_R3* – 17 – on the child, using the tools selected by the Commission.
Beginning on the date selected by the Commission for implementation of the requirement for use of the validated risk assessment tool and the validated mental health screening tool selected pursuant to section 5 of this act, before the disposition of a case involving a child who is adjudicated delinquent, the department of juvenile services shall conduct a validated risk assessment and validated mental health screening on the child, using the tools selected by the Commission.
If the mental health screening indicates that the child is in need of a full mental health assessment, the department of juvenile services shall, to the extent money is available, provide for a full mental health assessment of the child.
If the mental health screening indicates that the child is in need of a full mental health assessment, the department of juvenile services health assessment of the child.vailable, provide for a full mental 2.
2.
The department of juvenile services shall develop a written individualized case plan for each child placed under the supervision of the juvenile court pursuant to a supervision and consent decree, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or committed to a regional facility for the treatment and rehabilitation of children.
The department of juvenile services shall develop a written individualized case plan for each child placed under the supervision of the juvenile court pursuant to a - 79th Session (2017) – 18 – supervision and consent decree, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or committed to a regional facility for the treatment and rehabilitation of children.
In developing such a case plan, the department of juvenile services must use, without limitation:
In developing such a case plan, the dep(a) The results of the risk assessment and mental healthn:
(a) The results of the risk assessment and mental health screening conducted pursuant to section 15 of this act;
screening conducted pursuant to section 15 of this act;
- *AB472_R3* – 18 – 3.
3.
(a) Identify the projected length of stay and release criteria based on a risk assessment conducted pursuant to section 15 of this act, the seriousness of the offense committed by the child and treatment progress;
based on a risk assessment conducted pursuant to section 15 ofria this act, the seriousness of the offense committed by the child and treatment progress;
(c) A proposed plan for the provision of any supervision or services necessary for the transition of the child;
- 79th Session (2017) – 19 – (c) A proposed plan for the provision of any supervision or services necessary for the transition of the child;
5.
case plan at least once every 6 months, or when significanthild’s changes in the child’s treatment occur, by conducting another risk assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.
The department of juvenile services must update a child’s case plan at least once every 6 months, or when significant changes in the child’s treatment occur, by conducting another risk assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.
The Division may consider the results of a risk and needs assessment of the child that was conducted by a local department of juvenile services if the assessment was conducted within the - *AB472_R3* – 19 – immediately preceding 6 months and no significant changes have occurred relating to the child’s case.
The Division may consider the results of a risk and needs assessment of the child that was conducted by a local department of juvenile services if the assessment was conducted within the immediately preceding 6 months and no significant changes have occ2.redThe Division of Child and Family Services shall develop a length of stay matrix and establish release criteria for a state facility for the detention of children that are based on a child’s risk of reoffending, as determined by the risk assessment for the child, the seriousness of the act for which the child was adjudicated delinquent and the child’s progress in meeting treatment goals.
2.
The Division of Child and Family Services shall develop a length of stay matrix and establish release criteria for a state facility for the detention of children that are based on a child’s risk of reoffending, as determined by the risk assessment for the child, the seriousness of the act for which the child was adjudicated delinquent and the child’s progress in meeting treatment goals.
(a) The results of the risk assessment, mental health screening and any full mental health assessment conducted pursuant to section 15 of this act;
- 79th Session (2017) – 20 – (a) The results of the risk assessment, mental health screening and any full mental health assessment conducted pursuant to section 15 of this act;
(c) The education level of the child;
and (b) Be reviewed at least once every 3 months by the Division of Child and Family Services.
and Child and Family Services.t once every 3 months by the Division of 6.
- *AB472_R3* – 20 – 6.
The Division of Child and Family Services must update a child’s case plan at least once every 6 months, or when significant changes in the child’s treatment occur, by conducting another risk assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.
The Division of Child and Family Services must update a child’s case plan at least once every 6 months, or when significant changes in the child’s treatment occur, by conducting another risk - 79th Session (2017) – 21 – assessment and mental health screening using the tools selected by the Commission pursuant to section 5 of this act.
A reentry planning meeting must be held at least 30 days before a child’s scheduled release from a state facility for the detention of children.
A reentry planning meeting must be held at least 30 days before a child’s scheduled release from a state facility for the plan, the meeting should be attended by:ased on the child’s case (a) The child;
As appropriate, based on the child’s case plan, the meeting should be attended by:
(a) The child;
If the juvenile court commits the child to the custody of a public or private institution or agency [,] other than the Division of Child and Family Services, the juvenile court shall select one that is required to be licensed by:
If the juvenile court commits the child to the custody of a Child and Family Services, the juvenile court shall select one that is required to be licensed by:
- *AB472_R3* – 21 – (a) The Department of Health and Human Services to care for such children;
(a) The Department of Health and Human Services to care for such children;
and (b) Reasonable efforts had been made to consult with public or private institutions and agencies in this State to place or commit the child in this State, and that those efforts had failed.
and - 79th Session (2017) – 22 – (b) Reasonable efforts had been made to consult with public or private institutions and agencies in this State to place or commit the child in this State, and that those efforts had failed.
62E.500 1.
inclusive [:] , and sections 14.5 to 17, inclusive, of this act:
The provisions of NRS 62E.500 to 62E.730, inclusive [:] , and sections 14.5 to 17, inclusive, of this act:
Each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the [detention] treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs [.] once every 6 months or when significant changes to the child’s case plan developed pursuant to section 16 or 17 of this act, as applicable, are made.
Each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the [detention] treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs [.] once every 6 months or when significant changes to the child’s case applicable, are made.nt to section 16 or 17 of this act, as 2.
2.
- *AB472_R3* – 22 – 3.
3.
(a) Based on research;
- 79th Session (2017) – 23 – (a) Based on research;
Each local facility for the detention of children [and regional facility for the detention of children] shall submit its method for conducting the screening required pursuant to NRS 62C.035 [and 62E.513] to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division.
Each local facility for the detention of children [and regional conducting the screening required pursuant to NRS 62C.035 [andd for 62E.513] to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division.
Upon receiving the notice required by subsection 3, the appropriate board of county commissioners or governing body and the chief judge shall take appropriate action to ensure that the facility complies with the requirements of this section and NRS 62C.035 .
Upon receiving the notice required by subsection 3, the appropriate board of county commissioners or governing body and the chief judge shall take appropriate action to ensure that the 62C.035 .
[and 62E.513.] 5.
[and 62E.513.]he requirements of this section and NRS 5.
Each state facility for the detention of children shall use [a method] the assessment tool for conducting the screening required - *AB472_R3* – 23 – pursuant to NRS 62E.513 [that satisfies] selected by the [requirements of paragraphs (a) and (b)] Commission pursuant to section 5 of [subsection 1.
Each state facility for the detention of children shall use [a method] the assessment tool for conducting the screening required pursuant to NRS 62E.513 [that satisfies] selected by the [requirements of paragraphs (a) and (b)] Commission pursuant to section 5 of [subsection 1.
6.] this act.
- 79th Session (2017) – 24 – 6.] this act.
The Division of Child and Family Services shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 62C.035 and 62E.513, including, without limitation, regulations prescribing the requirements for:
The Division of Child and Family Services shall adopt such regulations as are necessary to carry out the provisions of this section and NRS 62C.035 and 62E.513, including, without lim(a) Transmitting information obtained from the screening conducted pursuant to NRS 62C.035 and 62E.513;
(a) Transmitting information obtained from the screening conducted pursuant to NRS 62C.035 and 62E.513;
and (b) At the request of the Division, provide the Division with not more than 10 working days within which to:
and (b) At the request of the Division, provide the Division with not more th(1) Investigate the child and the circumstances of the child;
(1) Investigate the child and the circumstances of the child;
- *AB472_R3* – 24 – (a) Juvenile justice system trends, including, without limitation, referrals to the juvenile justice system, diversion and disposition of cases, levels of supervision provided to children, placement of children and programs and services offered to children;
(a) Juvenile justice system trends, including, without limitation, referrals to the juvenile justice system, diversion and disposition of cases, levels of supervision provided to children, placement of children and programs and services offered to children;
(b) Whether children of racial or ethnic minorities or children from economically disadvantaged backgrounds are receiving disparate treatment in the juvenile justice system;
- 79th Session (2017) – 25 – (b) Whether children of racial or ethnic minorities or children from economically disadvantaged backgrounds are receiving disparate treatment in the juvenile justice system;
(c) The effectiveness of the different levels of supervision in the juvenile justice system;
(c) The effectiveness of the different levels of supervision in the(d) The effectiveness of services provided by the juvenile justice system, including, without limitation, the effectiveness of the evidence-based standards developed by the Commission pursuant to section 6 of this act;
(d) The effectiveness of services provided by the juvenile justice system, including, without limitation, the effectiveness of the evidence-based standards developed by the Commission pursuant to section 6 of this act;
(d) The Director of the Department of Corrections or his or her designee;
(d) The Director of the Department of Corrections or his or her(e) A district attorney or his or her designee;
(e) A district attorney or his or her designee;
- *AB472_R3* – 25 – [(h)] (k) The director of an agency which provides mental health services or his or her designee;
[(h)] (k) The director of an agency which provides mental health services or his or her designee;
(l) A guardian ad litem or court appointed special advocate who represents the child;
- 79th Session (2017) – 26 – (l) A guardian ad litem or court appointed special advocate who represents the child;
[(j)] (n) 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;
[(j)] (n) The child to whom the juvenile justice information 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 - *AB472_R3* – 26 – (e) Legal services.
or - 79th Session (2017) – 27 – (e) Legal services.
Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor.
Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the does not apply to:
This subsection does not apply to:
is guilty of a gross misdemeanor.
(a) A district attorney who uses the information solely for the purpose of initiating legal proceedings;
This subsection (a) A district attorney who uses the information solely for the purpose of initiating legal proceedings;
(c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information to the standardized system from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services.
(c) Adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal local juvenile probation departments and the staff of the youthrts, correctional services, as directed by the Department of Health and Human Services.
The Division of Child and Family Services may withhold state money from a juvenile court or department of juvenile services that does not comply with the regulations adopted pursuant to this section.
The Division of Child and Family Services may withhold state money from a juvenile court or department of juvenile services that does not comply with the regulations adopted - 79th Session (2017) – 28 – pursuant to this section.
- *AB472_R3* – 27 – (a) Notify the department of juvenile services of the specific provisions of the regulations adopted pursuant to this section with which the department is not in compliance;
(a) Notify the department of juvenile services of the specific provisions of the regulations adopted pursuant to this section with whi(b) Require the department of juvenile services to submit a corrective action plan to the Division within 60 days after receiving such a notice of noncompliance;
(b) Require the department of juvenile services to submit a corrective action plan to the Division within 60 days after receiving such a notice of noncompliance;
and (3) The economic and educational background of the child;
and (c) The charges for which the child is referred [;] , including, without limitation, any charges of violations of probation or parole;
(c) The charges for which the child is referred [;] , including, without limitation, any charges of violations of probation or parole;
2.
- 79th Session (2017) – 29 – 2.
In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Health and Human Services shall require the staff of regional facilities for the treatment and rehabilitation of children and the staff of the youth correctional services to collect and - *AB472_R3* – 28 – transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:
In addition to the information required pursuant to subsection 1 and except as otherwise provided in subsection 3, the Department of Health and Human Services shall require the staff of regional facilities for the treatment and rehabilitation of children transmit the following information to the standardized systemnd regarding each child committed to or otherwise placed in the custody of the Division of Child and Family Services:
Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows:
Chapter 63 of NRS is hereby amended by adding theThe Youth Parole Bureau shall establish policies and procedures to be used by parole officers and juvenile courts in determining the most appropriate response to a child’s violation of the terms and conditions of his or her parole.
The Youth Parole Bureau shall establish policies and procedures to be used by parole officers and juvenile courts in determining the most appropriate response to a child’s violation of the terms and conditions of his or her parole.
and (e) The previous responses by the child to past violations;
and - 79th Session (2017) – 30 – (e) The previous responses by the child to past violations;
63.715 1.
provisions of NRS 63.700 to 63.780, inclusive, and section 26 of this act and an exemption from the assessment imposed pursuant to NRS 62B.165 shall:
A county that receives approval to carry out the provisions of NRS 63.700 to 63.780, inclusive, and section 26 of - *AB472_R3* – 29 – this act and an exemption from the assessment imposed pursuant to NRS 62B.165 shall:
If the child is held in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children pending a hearing, the Youth Parole Bureau may pay all actual and reasonably necessary costs for the confinement of the child in the local [or regional] facility or the commitment of the child to the regional facility to the extent that money is available for that purpose.
If the child is held in a local [or regional] facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children pending a hearing, the Youth Parole Bureau may pay all actual and reasonably necessary facility or the commitment of the child to the regional facility to the extent that money is available for that purpose.
The Chief of the Youth Parole Bureau may recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility only if the Chief or his or her designee has determined that:
The Chief of the Youth Parole Bureau may recommend to the juvenile court that a child’s parole be revoked - 79th Session (2017) – 31 – and that the child be committed to a facility only if the Chief or his or her designee has determined that:
- *AB472_R3* – 30 – 2.
2.
The Chief of the Youth Parole Bureau may not recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility [unless] if the superintendent of the facility determines that:
The Chief of the Youth Parole Bureau may not recommend to the juvenile court that a child’s parole be revoked and that the child be committed to a facility [unless] if the superintendent of the fac[1.] (a) There is not adequate room or resources in the facility to provide the necessary care;
[1.] (a) There is not adequate room or resources in the facility to provide the necessary care;
this act become effective on July 1, 2017.s 1 to 32, inclusive, of 2.
Sec.
Section 33 of this act becomes effective on July 1, 2018.
34.
TEXT OF REPEALED SECTION 62H.230 Probation departments to analyze information submitted to standardized system annually and compile reports concerning disparate treatment of children;
Division of Child and Family Services to publish reports annually.
On or before January 31 of each year, each local juvenile probation department shall:
This section and sections 1 to 32, inclusive, of this act become effective on July 1, 2017.
(a) Analyze the information it submitted to the standardized system during the previous year pursuant to NRS 62H.210 to determine whether children of racial or ethnic minorities and - *AB472_R3* – 31 – children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice in comparison to the general population;
(b) As necessary, develop appropriate recommendations to add(c) Prepare and submit to the Division of Child and Family Services a report which includes:
(1) The results of the analysis it conducted pursuant to paragraph (a);
and (2) Any recommendations it developed pursuant to paragraph (b).
The Division of Child and Family Services shall annually:
Section 33 of this act becomes effective on July 1, 2018.
(b) Publish a document which includes a compilation of the 1;
17 ~~~~~ - 79th Session (2017)
and reports.
H - *AB472_R3*
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Action History

  1. Approved by the Governor. Chapter 604.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 1102 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Third reprint .

  7. Read second time. Amended. (Amend. No. 1102.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Judiciary. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  13. From printer. To reengrossment. Reengrossed. Second reprint .

  14. Read third time. Amended. (Amend. No. 844.) To printer.

  15. Taken from General File. Placed on General File for next legislative day.

  16. From committee: Amend, and do pass as amended.

  17. From printer. To engrossment. Engrossed. First reprint . To committee.

  18. Read second time. Amended. (Amend. No. 231.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  19. From committee: Amend, and do pass as amended.

  20. Notice of eligibility for exemption.

  21. From printer. To committee.

  22. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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AB 472 is sponsored by Judiciary.
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This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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