Nevada 2021 Regular Session Status: Enacted

SB 366 — Revises provisions relating to juvenile competency. (BDR 5-498)

Last action — Approved by the Governor. Chapter 395.

  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 March 25, 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.

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Bill Text

What changed in the latest version

343 added · 325 removed

343 line(s) added, 325 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
366 SENATE BILL NO .
366–Committee on Judiciary CHAPTER..........
366–COMMITTEE ON JUDICIARY (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON CHILD W ELFARE AND JUVENILE JUSTICE ) M ARCH 25, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile competency.
(BDR 5-498) 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.
requiring the submittal of certain data and information relating to the competency of children;
requiring the development and submittal of a plan for the structure of services for the competency of children;
Legislative Counsel’s Digest:
LegiSubject to the jurisdiction of the juvenile court, in a case to determine the competence of a child, existing law requires a juvenile court to suspend the case until the question of competence is determined if doubt arises as to the competence of the child.
Subject to the jurisdiction of the juvenile court, in a case to determine the competence of a child, existing law requires a juvenile court to suspend the case of the child.
(NRS 62D.145) Existing law requires a juvenile court which has determined a child to be developmentally or mentally incompetent to determine:
(NRS 62D.145) Existing law requires a juvenile court which haspetence determined a child to be developmentally or mentally incompetent to determine:
(2) whether providing services to the child will assist the child in attaining competence and further the state policy goals for the juvenile justice system;
(2) whether providing state policy goals for the juvenile justice system;
and (3) the best form of any services to be provided to the child, including whether such services would be best court to issue all necessary and appropriate recommendations and orders aftere juvenile making such determinations.
and (3) the best form of anythe services to be provided to the child, including whether such services would be best provided to the child as an outpatient or inpatient.
(NRS 62D.180) Existing law also prohibits the commitment of a child by court order to a facility of the Division of Child and Family Services of the Department of Health and Human Services if the - *SB366_R1* – 2 – administrative officer of the facility or the administrative officer’s designee determines that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare.
Existing law requires the juvenile court to issue all necessary and appropriate recommendations and orders after making such determinations.
(NRS 433B.320) Section 1.3 of this bill authorizes a juvenile court to issue an order to join any governmental entity or other person as a party to enforce a legal obligation of the entity or person to the child who is the subject of the proceeding if, before issuing the order, the court provides notice and an opportunity to be heard to the entity or Division to accept and provide services to a child who has been determined to bety of the incompetent.
(NRS 62D.180) Existing law also prohibits the commitment of a child by court order to a facility of the Division of Child and Family Services of the Department of Health and Human Services if the determines that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare.
(NRS 433B.320) Section 1.3 of this bill authorizes a juvenile court to issue an order to join any governmental entity or other person as a party to enforce a legal obligation of the entity or person to the child who is the subject of the proceeding if, before issuing the order, the court provides notice and an opportunity to be heard to the entity or person.
Section 1.7 of this bill authorizes the juvenile court to order a facility of the incompetent.
(1) exempts an admission to a facility of the Division ordered pursuant to section 1.7 or 2 from the requirement that admission to such a facility is only authorized after consultation with and approval by the administrative officer of the facility or the administrative officer’s designee;
(1) exempts an admission to a facility of the Division ordered pursuant to section 1.7 or 2 from the requirement that admission to such a facility is only authorized after consultation with and approval by the administrative officer of the facility or the facility or the administrative officer’s designee to assist the juvenile court in the - 81st Session (2021) – 2 – identifying an alternative facility if the administrative officer or the administrative officer’s designee determines that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare.
and (2) requires the administrative officer of the identifying an alternative facility if the administrative officer or the administrative officer’s designee determines that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare.
(NRS 433B.320) Existing law requires the juvenile court to conduct a periodic review to determine whether a child who has been determined to be incompetent has attained child has not attained competence and is unlikely to attain competence in thea foreseeable future to hold a hearing to consider the best interest of the child and the safety of the community and determine whether to dismiss any proceedings against the child and terminate its jurisdiction.
(NRS 433B.320) Existing law requires the juvenile court to conduct a periodic review to determine whether a child who has been determined to be incompetent has attained competence.
Existing law requires a juvenile court which has determined that a child has not attained competence and is unlikely to attain competence in the safety of the community and determine whether to dismiss any proceedings againstand the the child and terminate its jurisdiction.
Existing law provides that a child found to be incompetent may not be adjudicated delinquent or placed under the supervision of a juvenile court.
adjudicated delinquent or in need of supervision or placed under the supervision of a juvenile court.
(NRS 62D.190) Section 2.3 of this bill provides that a child found to be incompetent may authorizes a child found to be incompetent to request that his or her records ben 2.3 sealed.
(NRS 62D.190) Section 2.3 of this bill provides that a child found to be incompetent may not be committed to the custody of a correctional facility.
Section 2.7 of this bill makes conforming changes to reflect the change regarding the sealing of records in section 2.3.
Additionally, section 2.3 authorizes a child found to be incompetent and unable to attain competence in the foreseeable future to request that his or her records be sealed.
Section 2.7 of this bill makes a conforming change to reflect the change regarding the sealing of records in section 2.3.
Youth Parole Bureau of the Division to submit data and information relating to any proceeding to determine the competency of a child to the Division.
Section 4.3 of this bill requires the Division to:
(1) review any current services being provided for the competency of children;
(2) develop a plan for the structure of services for competency of children;
and (3) submit the plan to Legislative Committee on Child Welfare and Juvenile Justice.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB366_R1* – 3 – Sec.
Sec.
After the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court shall determine whether the child is incompetent.
After the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence - 81st Session (2021) – 3 – presented at the hearing, the juvenile court shall determine whether the child is incompetent.
3.
the juvenile court shall determine whether:at the child is incompetent, (a) The child is a danger to himself or herself or society;
If the juvenile court determines that the child is incompetent, the juvenile court shall determine whether:
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(a) The child is a danger to himself or herself or society;
The juvenile court may order a division facility to accept and provide services to the child.
The juvenile court may order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320.
If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, the juvenile court shall conduct a periodic review to determine whether the child has attained competence.
If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, the juvenile court shall attained competence.
- *SB366_R1* – 4 – 2.
- 81st Session (2021) – 4 – 1, any person ordered by the juvenile court to provide services to a child pursuant to NRS 62D.180 must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.
Before a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to NRS 62D.180 must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.
(c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and shall issue all necessary and appropriate recommendations and orders.
(c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a the community and shall issue all necessary and appropriate safety of recommendations and orders.
The juvenile court may, without limitation, order a division facility to accept and provide services to the child or determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court.
The juvenile court may, without limitation, order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320 or determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court.
(3) The number of times the child has allegedly committed the act;
(3) The number of times the child has allegedly committed the act(4) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;
(4) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;
(7) The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;
- 81st Session (2021) – 5 – (7) The behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;
- *SB366_R1* – 5 – (8) The extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;
(8) The extent to which counseling, therapy or treatment will jurisdiction;to the child in the absence of continued juvenile court (9) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;
(9) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;
[or 2.] (b) Placed under the supervision of the juvenile court pursuant to a supervision and consent decree pursuant to NRS 62C.230 [.] ;
[or 2.] (b) Placed under the supervision of the juvenile court 62C.230 [.] ;
or (c) Committed to the custody of a correctional facility.
orpervision and consent decree pursuant to NRS (c) Committed to the custody of a correctional facility.
2.5.
Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Not later than December 1 of each year, each department of juvenile services and the Youth Parole Bureau shall submit data and information relating to any proceeding to determine the competency of a child to the Division of Child and Family Services.
The information must include, without limitation, for the immediately preceding 12 months:
(a) The number of children evaluated for competency;
- 81st Session (2021) – 6 – (b) The number of children determined not competent to proceed and the nature of the cause for the lack of competency;
(c) The demographic information for each child evaluated for competency;
and determined by the Division of Child and Family Services.
as 2.
The data and information submitted pursuant to subsection 1 must be submitted in a format determined by the Division of Child and Family Services.
Sec.
- *SB366_R1* – 6 – 2.
2.
3.
their deputies, the Chief of the Youth Parole Bureau or his or her of designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.
The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.
5.
- 81st Session (2021) – 7 – satisfaction of the juvenile court pursuant to subsection 4, the the juvenile court may consider:
In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4, the juvenile court may consider:
(h) Whether the sealing of the record would be in the best interest of the child and the State;
interest of the child and the State;
and (i) Any other circumstance that may relate to the rehabilitation of the child.
and would be in the best (i) Any other circumstance that may relate to the rehabilitation of the child.
After the civil judgment is satisfied or expires, - *SB366_R1* – 7 – the child or a person named as a judgment debtor may file a petition to seal such information.
After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.
(b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.
division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.
(a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.
- 81st Session (2021) – 8 – (a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.
(b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the ope3.tioIf the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
3.
If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
2.
ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185,was if the administrative officer of the facility or the administrative officer’s designee has determined that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare and for the protection of the community, the administrative officer or the administrative officer’s designee shall assist the court with identifying a facility that has the appropriate or necessary treatment.
[A] In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185, - *SB366_R1* – 8 – if the administrative officer of the facility or the administrative officer’s designee has determined that the treatment available at the facility is not appropriate or necessary for the child’s health and welfare, the administrative officer or the administrative that has the appropriate or necessary treatment.dentifying a facility 3.
3.
4.3.
The Division of Child and Family Services of the Department of Health and Human Services shall review any current - 81st Session (2021) – 9 – services being provided for the competency of children and develop a plan for the structure of services for the competency of children.
The plan must be submitted to the Legislative Committee on Child Welfare and Juvenile Justice created by NRS 218E.705 not later thaSec.
4.7.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec.
H - *SB366_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 395.

  2. Enrolled and delivered to Governor.

  3. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Ways and Means. To committee.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 727.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.

  6. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. Nos. 214 and 440.) Taken from General File. Re-referred to Committee on Finance. To printer.

  8. Notice of eligibility for exemption.

  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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SB 366 is sponsored by Senate Committee on Judiciary.
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This bill has been enacted into law. Introduced March 25, 2021. Enacted.
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