SB 317 — Revises provisions relating to juvenile justice. (BDR 5-1016)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.

317317–Senator SENATEOhrenschall BILLCHAPTER.......... NO .

317–SENATOR OHRENSCHALL M ARCH 22, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile justice.

(BDR 5-1016) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

(NRS 62G.200-62G.240) If the board of county commissioners of such a county has not established a department of juvenile justice services, the juvenile court is required to:the department of juvenile justice services to administer certain functions of the of juvenile court.

(1)(NRS establish62G.300-62G.370) byExisting courtlaw orderauthorizes a probationdepartment committee;of juvenile justice services to deny employment to an applicant or terminate the employment of an employee against whom certain criminal charges are pending.

andExisting (2)law appointalso: a director of the department of juvenile justice services to administer certain functions of the juvenile court.

(NRS(1) 62G.300-62G.370)requires Existing law authorizes a department of juvenile justice services to deny employment to an applicant or terminate the employment of an employee against department of juvenile justice services to allow such an employee a reasonable amount of time of not more than 180 days to resolve the pending charges against the employee;

and (2) authorizes a department of juvenile justice services to, upon request from the employee and good cause shown, allow the employee additional timeauthorizes a department of juvenile justice services to place such an employee on leave without pay during the period in which the employee seeks to resolve the pending charges against the employee.

Existing(NRS law62G.225, further62G.355) authorizesSections a department of juvenile justice services to place such an employee on leave without pay during the period in which the employee seeks to resolve the penSections 1 and 2 of this bill require a department of juvenile justice services to award back pay to such an employee of the department of juvenile justice services who is a peace officer for the duration of the unpaid leave if:

(1) the charges against the employee are dismissed;dismissed or the employee is found not guilty at trial;

and (2) the employee is found not guiltysubjected atto trial;punitive action in connection with the alleged misconduct.

orSections (3)1 theand employee2 isalso: not subjected to punitive action in connection with the alleged misconduct.

Sections(1) 1 and 2 also specify that the amount of time which - *SB317_R1* – 2 – existing law requires a department of juvenile justice services to allow such an employee to resolve the pending charges against the employee, which is a ofsuch thisan billreasonable makesamount the amendatory provisions of thistime bill applicable to an employee of anot departmentmore ofthan juvenile180 justicecalendar servicesdays who,and onbegins or after Julyarrest; 1, 2021, has a pending charge against the employee for an offense alleged to have been committed before, on or after July 1, 2021.

and (2) authorize a department of juvenile justice services to offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee.

Section 3 of this bill makes the amendatory provisions of this bill applicable to an employee of a department of juvenile justice services who, on or after July 1, 2021, has a pending charge against the employee for an offense alleged to have been committed on or after July 1, 2021.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

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

(a) Has charges pending against him or her for a crime listed in paragraphjuvenile (a)justice ofservices:n subsection 1 of NRS 62G.223, the department of juvenile(1) justiceMay services:deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2;

(1) May deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2;

If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile -services *SB317_R1*that –is 3so –informed justiceshall servicesgive immediately.the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

A- department81st ofSession juvenile(2021) justice– services3 that– is3. so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

3.

A department of juvenile justice services that is so informed shall give the employee a reasonable amount of time of not less than 60 days to correct the information.

If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services shall allow the employee a reasonable time of not more than 180 calendar days after arrest to resolve the pending charges against the employee.

If the department of juvenile justice services places an employee who is a peace officer on leave without pay pending the outcome of a criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of (a) The charges against the unpaidemployee leaveare if:dismissed or the employee is found not guilty at trial;

(a)and (b) The chargesemployee againstis thenot employeesubjected areto dismissed;punitive action in connection with the alleged misconduct.

(b) The employee is found not guilty at trial;

or (c) The employee is not subjected to punitive action in connection with the alleged misconduct.

The department of juvenile justice services may offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee pursuant to this section.

8.

[7.]- 8.81st Session (2021) – 4 – constitutes dismissal for cause for the purposes of NRS 62G.220.

A10. termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.

-As *SB317_R1*used –in 4this –section, Sec.“peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.