Nevada 2021 Regular Session Status: Enacted

SB 108 — Establishes provisions relating to juveniles. (BDR 5-549)

Last action — Approved by the Governor. Chapter 409.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

441 added · 113 removed

Plain-language change summary

The amendment to Senate Bill No. 108 now requires individuals who work regularly with juveniles in the justice system to complete training on implicit bias and cultural competency at least every two years. This training aims to ensure that those interacting with vulnerable youth are equipped to recognize and mitigate biases, promoting better treatment and understanding. Additionally, the bill allows the Nevada Supreme Court to establish specific rules for judges and court staff regarding this training, reinforcing the commitment to fair and equitable juvenile justice practices. These changes are important for improving the overall treatment of juveniles in the justice system and fostering a more sensitive approach among those who work with them.

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(Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT S.B.
Senate Bill No.
108 SENATE BILL NO .
108–Committee on Judiciary CHAPTER..........
108–COMMITTEE ON UDICIARY F EBRUARY 9, 2021 ____________ (O N BEHALF OF THE N EVADA YOUTH LEGISLATURE ) ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions relating to juvenile justice.
AN ACT relating to juveniles;
(BDR 5-549) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 1) (NOTREQUESTED BAFFECTEDLOCALGOVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
AN ACT relating to juvenile justice;
authorizing in certain circumstances certain institutions, agencies and facilities that serve children to waive the requirement to terminate the employment of certain employees after a background investigation;
LegExisting law establishes various provisions relating to juvenile justice in this State.
LegiExisting law establishes various provisions relating to juvenile justice in this State.
Section 1 also requires that such competency.
Section 1 also requires that such training include certain specific instruction relating to implicit bias and cultural Services of the Department of Health and Human Services to adopt regulationsFamily concerning such training;
Additionally, section 1:
and (2) authorizes the Division of Child and Family Services to consult with any person whose assistance the Division of Child and Family Services determines will be helpful when adopting such regulations.
(1) requires the Division of Child and Familyal - *SB108_R1* – 2 – Services of the Department of Health and Human Services to adopt regulations concerning such training;
Section 1 also authorizes the Nevada Supreme Court to adopt additional court rules concerning such training for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with such juveExisting law requires public or private institutions and agencies to which a juvenile court commits a child to conduct background investigations of the employees of such institutions and agencies.
and (2) authorizes the Division of Child and Family Family Services determines will be helpful when adopting such regulations.
(NRS 62B.270) Existing law also requires agencies which provide child welfare services to conduct background investigations of applicants for employment with, and the employees of, such agencies.
and Section 1 also authorizes the Nevada Supreme Court to adopt additional court rules concerning such training for any magistrate, judge, master or employee in the juvenile court system who regularly and routinely comes into contact with such juveniles.
(NRS 432B.198) Existing law additionally requires certain facilities background investigations of the employees of such facilities.
(NRS 433B.183) Such background investigations are conducted for the purpose of determining whether an applicant or employee has been convicted of certain specified crimes and, with respect to agencies which provide child welfare services, whether an applicant or employee has charges pending against him or her for any such crime.
(NRS 62B.270, 432B.198, 433B.183) If the results of a background investigation - 81st Session (2021) – 2 – crime, the application for employment or the employment of the person must beh denied or terminated, respectively.
(NRS 62B.275, 432B.199, 433B.185) Additionally, if the results of a background investigation conducted by an agency which provides child welfare services correctly provide that an applicant or employee has charges pending against him or her for any such crime, the application for employment or the employment of the person may be denied or terminated, respectively.
(NRS 432B.199) Section 4 of Senate Bill No.
21 of this session authorizes agencies which has been convicted of a specified crime if the agency adopts and applies anant who objective weighing test pursuant to which certain factors are considered relating to the applicant and the crime committed.
Section 4 of Senate Bill No.
21 of this session requires such an agency to track certain data regarding each applicant to whom the objective weighing test is applied and review the data at least once every years to determine the efficacy of the test and whether the data indicates the presence of implicit bias.
Section 4 of Senate Bill No.
21 of this session also provides that:
(1) the prohibition on hiring an applicant who has been convicted of a specified crime may not be waived through the use of the objective weighing test than 18 years of age when the crime was committed;
and (2) the hiringd who was less determination made by the agency after applying the objective weighing test to an applicant is final.
Sections 2.3, 2.5 and 2.7 of this bill authorize public or private institutions and agencies to which a juvenile court commits a child, agencies which provide child welfare services and certain facilities which provide residential mental health treatment to children, respectively, to waive the requirement to terminate the employment of an employee who has been convicted of a specified crime in accordance with the provisions set forth in section 4 of Senate Bill No.
21 of this prohibition on hiring an applicant who has been convicted of a specified crime.
However, sections 2.3, 2.5 and 2.7 additionally provide that such a requirement can be waived only for the first background investigation concerning an employee that such an institution, agency or facility conducts.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Any person who, during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system in this State, including, without limitation, any prosecuting attorney, public defender, peace officer, probation officer, juvenile correctional officer, employee of a state or local facility for the detention of children, employee of a regional facility for the treatment and rehabilitation of children or employee of a prosecuting attorney’s office or public defender’s office, shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer pursuant to the regulations adopted pursuant to subsection 3.
Any person who, during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system in this State, including, without limitation, any prosecuting attorney, public defender, peace officer, probation officer, juvenile correctional officer, employee of a state or local facility for the detention of children, employee of a regional facility for the treatment and rehabilitation - 81st Session (2021) – 3 – of children or employee of a prosecuting attorney’s office or public defender’s office, shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer pursuant to the regulations adopted by the Division of Child and Family Services pursuant to subsection 3 provide otherwise, such training relating to implicit bias and cultural competency must be completed at least once every 2 years.
Unless the regulations adopted by the Division of Child and Family Services pursuant to subsection 3 provide otherwise, such training relating to implicit bias and cultural competency must be completed at least once every 2 years.
- *SB108_R1* – 3 – 3.
3.
When adopting such regulations, the Division of Child and Family Services may consult with any person whose assistance the Division of Child and Family Services determines will be helpful.
When Services may consult with any person whose assistance thely Division of Child and Family Services determines will be helpful.
As used in this section, “cultural competency” means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities.
As used in this section, “cultural competency” means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a - 81st Session (2021) – 4 – preserves the dignity of people, families and communities.
2.3.
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Section 2 of Senate Bill No.
21 of this session is hereby amended to read as follows:
Sec.
2.
NRS 62B.275 is hereby amended to read as follows:
62B.275 1.
Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 62B.270 or evidence from any other source that an employee of a public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
employment of the employee after allowing the employeete the time to correct the information as required pursuant to subsection 2;
or (2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2;
or (b) [Has] Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
(1) The public institution or agency shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsec(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2.
If an employee believes that the information provided to the public institution or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is - 81st Session (2021) – 5 – institution or agency immediately.
An institution or agency that is so informed shall give the employee a reasonable amount of time of not less than 30 days to correct the information.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the employing institution or agency whether to allow the employee to continue to work for the institution or agency, as applicable, except that the employee shall not have contact with a child in the institution or agency without supervision during such period.
4.
Except as otherwise provided in subsection 5, a public or private institution or agency to which a juvenile court commits a child may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 applies an objective weighing test in accordance with this subsection.
The objective weighing test must include factors the institution or agency will consider when making a determination as to whether to waive such a requirement, including, without limitation:
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services;
and (d) The relevance of the crime to the position in which the employee is employed.
5.
The requirement to terminate the employment of an employee who has been convicted of a crime listed in waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed;
or (b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the public or private institution or agency.
- 81st Session (2021) – 6 – 6.
A public or private institution or agency to which a juvenile court commits a child shall, with regard to each employee to whom the institution or agency applies the objective weighing test pursuant to subsection 4:
the position in which the employee is employed and theyee, determination made by the institution or agency;
and (b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7.
The determination made by a public or private institution or agency to which a juvenile court commits a child with regard to an employee to whom the institution or agency applies the objective weighing test is final.
8.
For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.
2.5.
Section 4 of Senate Bill No.
21 of this session is hereby amended to read as follows:
Sec.
NRS 432B.199 is hereby amended to read as follows:
432B.199 1.
If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198, the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 for employment with the agency, or an employee of thepplicant agency:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable;
or (b) Except as otherwise provided in subsection 6, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 432B.198, the agency - 81st Session (2021) – 7 – shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately.
An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3.
If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately.
An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.
4.
During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:
(a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare serv(b) May be placed on leave without pay.
5.
The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.
6.
Except as otherwise provided in subsection 7, an agency which provides child welfare services may waive the prohibition on hiring an applicant or the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 if the agency adopts and applies an objective weighing test in accordance with this subsection.
The objective weighing test must include factors the agency will consider when making a determination as to whether to waive - 81st Session (2021) – 8 – limitation:ibition [,] or requirement, including, without (a) The age, maturity and capacity of the applicant or employee at the time of his or her conviction;
(b) The length of time since the applicant or employee committed the crime;
(c) Any participation by the applicant or employee in rehabilitative services;
and (d) The relevance of the crime to the position for which the applicant has applied [.] or in which the employee is employed.
7.
The [prohibition] :
(a) Prohibition on hiring an applicant who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 may not be waived through the use of the objective weighing test if the crime was sexually-related and the victim was a child who was less than 18 years of age whe(b) Requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 may not be waived through the use of the objective weighing test if:
(1) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed;
or (2) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the agency.
8.
An agency which provides child welfare services shall, with regard to each applicant or employee to whom the agency applies the objective weighing test pursuant to subsection 6:
employee, the position for which the applicant applied or in] or which the employee is employed and the [hiring] determination made by the agency;
and (b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
9.
The [hiring] determination made by an agency which provides child welfare services with regard to an applicant or - 81st Session (2021) – 9 – employee to whom the agency applies the objective weighing test is final.
10.
For the purposes of this section, the period during which criminal charges are pending against an applicant or of NRS 432B.198 begins and ends as set forth in subsection 7 of that section.
Sec.
2.7.
Section 6 of Senate Bill No.
21 of this session is hereby amended to read as follows:
Sec.
6.
NRS 433B.185 is hereby amended to read as follows:
433B.185 1.
Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2;
or (b) [Has] Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as req2.reIf an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately.
A division facility that is so informed shall give the employee days to correct the information.
3.
During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.
4.
Except as otherwise provided in subsection 5, a division facility that provides residential treatment for children may waive the requirement to terminate the employment of an employee who has been convicted of a - 81st Session (2021) – 10 – crime listed in paragraph (a) of subsection 1 of NRS 433B.183 if the division facility adopts and applies an objective weighing test in accordance with this subsection.
The objective weighing test must include factors the division whether to waive such a requirement, including, withouto limitation:
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services;
and (d) The relevance of the crime to the position in which the employee is employed.
5.
The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 may not be waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed;
or (b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the division facility.
6.
A division facility that provides residential treatment the division facility applies the objective weighing test pursuant to subsection 4:
(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the division facility;
and (b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7.
The determination made by a division facility that provides residential treatment for children with regard to an employee to whom the division facility applies the objective weighing test is final.
8.
For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 - 81st Session (2021) – 11 – of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.
Sec.
3.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the proSec.
4.
H - *SB108_R1*
3.
Sections 2.3, 2.5 and 2.7 of this act become effective on January 1, 2022.
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 409.

  2. Enrolled and delivered to Governor.

  3. From committee: Do pass. Read third time. Passed. Title approved. (Yeas: 34, Nays: 8.) Action of passage reconsidered. Read third time. Amended. (Amend. No. 848.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To printer. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Assembly Amendment No. 848 concurred in. To enrollment.

  4. Notice of eligibility for exemption. Read second time. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  5. From committee: Do pass.

  6. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To Assembly.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 138.) To printer.

  9. From printer. To committee.

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

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on 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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Subjects

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SB 108 is sponsored by Senate Committee on Judiciary.
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This bill has been enacted into law. Introduced February 09, 2021. Enacted.
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