Nevada 2023 Regular Session Status: Passed Senate Bipartisan · 1 D · 1 R cosponsors

SB 359 — Revises provisions governing juvenile justice. (BDR 5-56)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

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253 added · 445 removed

253 line(s) added, 445 removed.

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S.B.
(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
359–SENATOR OHRENSCHALL M ARCH 22, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing juvenile justice.
359–SENATORS OHRENSCHALL ;AND KRASNER M ARCH 22, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing juvenile justice.
authorizing a juvenile court to order a child who is subject to the jurisdiction of the juvenile court to attend or participate in counseling or psychological treatment under certain circumstances;
(NRS 62E.180) Existing law:
(NRS 62E.180) Existing law definesuch a “community service” for the purposes of any such order to include certain public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court.
(1)f such a defines “community service” for the purposes of any such order to include certain public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court;
(NRS 62A.060, 62A.180) Section 1 of this bill revises the definition of community service to mean a community- connections between a child and his or her community, provides training in life skills or increases the employability of a child;
and (2) requires a child, parent or guardian to perform community service for and under the supervising authority of certain public entities or a private nonprofit corporation.
and (2) is designed to achieve certain goals.
“community service” to include other activities which may be required by then of juvenile court, such as participating in tutoring or extracurricular activities.
Under existing law, if a juvenile court orders a child, parent or guardian to perform community service, the community service must be performed for and under the supervising authority of certain public entities or a private nonprofit corporation.
Section 4 of this bill makes a conforming change by authorizing a child’s school of attendance or the school at which a child participates in tutoring or extracurricular activities to supervise the performance of community service.
(NRS 62E.190) Section 4 of this bill adds a program for list of entities under whose supervisory authority a child, parent or guardian ise authorized to perform community service.
Under existing law, a child placed under the informal supervision of a certain other activities.
Existing law authorizes or requires the juvenile court to suspend or delay the issuance of the driver’s license of a child who is adjudicated delinquent or in need of supervision under certain circumstances.
(NRS 62C.210) Section 2 of this bill additionally provides - *SB359* – 2 – participate in counseling or psychological treatment.
Under existing law, if a child is already - *SB359_R1* – 2 – the subject of such an order, the juvenile court must order the additional suspension or delay to apply consecutively with the previous order.
required to attend or Existing law requires a child who commits certain alcohol or marijuana offenses to perform community service.
(NRS 62E.440, 62E.630, 62EAmong other penalties, existing law requires a juvenile court to order a child who is adjudicated to be in need of supervision because the child is a habitual truant to pay a fine or perform community service, or both.
(NRS 62E.173) Section 3 of this bill instead authorizes a juvenile court to order such a child to perform community service or attend or participate in counseling or psychological treatment for a certain number of hours.
Existing law authorizes or requires the juvenile court to suspend or delay the issuance of the driver’s license of a child who is adjudicated delinquent or in need the subject of such an order, the juvenile court must order the additional suspension or delay to apply consecutively with the previous order.
(NRS 62E.440, 62E.630, 62E.650, 62E.690) Sections 6, 8, 9 and 11 of this bill remove this requirement.
Among other penalties, existing law requires a juvenile court to order a child who is adjudicated to be in need of supervision because the child is a habitual truant to pay a fine or perform community service, or both.
(1) removes the requirement that the court order the child to perform community service under certain circumstances;
(1) removes the requirement that the court order the child to pay a fine the first time the child is adjudicated to be in need of supervision;
and (2) authorizes the juvenile court to order the child to perform community service or attend or participate in court.ling or psychological treatment in lieu of all or part of the fine ordered by the Existing law authorizes a juvenile court to order a child who is adjudicated delinquent for an unlawful act involving the killing or possession of certain animals to order the child to:
and (2) authorizes community service for a combined total not to exceed 20 hours in lieu of all or part of the fine ordered by the court.
(1) pay a fine;
or (2) perform community service, if the child is unable to pay the fine because of financial hardship.
(NRS 62E.685) Section 10 of this bill authorizes a juvenile court to alternatively order the child to attend or participate in counseling or psychological treatment, if the child is unable to pay the fine because of financial hardship.
Existing law requires a juvenile court to order a delinquent child or the parent medical expenses as a result of certain unlawful acts;
and (2) persons who own orcur possess property damaged or destroyed as a result of such acts.
If, because of financial hardship, a child, parent or guardian is unable to provide such restitution, existing law requires the juvenile court to order the child, parent or guardian, or both, to perform community service.
(NRS 62E.560) Section 7 of this bill authorizes a juvenile court to alternatively order a delinquent child to attend or participate in counseling or psychological treatment if the child, parent or guardian is unable to provide restitution because of financial hardship.
Section 7 also prohibits the juvenile court from ordering a child, parent or guardian to:
(1) perform reasonably available;
or (2) participate in counseling or psychological treatment if the child, parent or guardian is required to pay the costs associated with attending or participating in the counseling or treatment.
Among other penalties, existing law requires a juvenile court to order a child who is adjudicated delinquent because the child unlawfully handled or possessed a firearm or had a firearm under his or her control to perform a certain number of hours of community service.
(NRS 62E.650) Section 9 of this bill:
(1) removes the requirement for the juvenile court to order the child to perform community service;
and (2) authorizes the juvenile court to order the child to perform community 9 also prescribes certain limitations on the combined total number of hours a Section juvenile court may order a child to perform community service or attend or participate in counseling or psychological treatment.
Section 11 authorizes a juvenile court to order a child who is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing certain - *SB359* – 3 – property to perform community service or participate in counseling or psychological treatment.
Section 11 also prescribes certain limitations on the community service or attend or participate in counseling or psychologicalorm treatment.
If a child is found to have committed a minor traffic offense, existing law authorizes a juvenile court to order the child to pay a fine, among other penalties.
If, due to financial hardship, the child is unable to pay the fine, existing law 62E.700) Section 12 of this bill additionally authorizes the juvenile court to order such a child to attend or participate in counseling or psychological treatment.
62A.060 [1.] “Community service” means community service performed in accordance with NRS 62E.190 [.
62A.060 [1.] “Community service” means [community service] a community-based activity that:
2.
The term] and includes, [but is not limited to, public] without limitation:
Public service [, work] ;
Facilitates civic engagement, facilitates or enhances connections between the child and his or her community, provides training in life skills or increases the employability of the child through basic job training;
Work on public projects [, supervised] ;
Is designed to:
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3.
(a) Encourage the development of empathy for victims of crimes;
Supervised work for the benefit of the community ;
(b) Repair harm done to victims and the community by giving back to victims and the community;
or [any] 4.
(c) Facilitate the development of critical thinking and problem solving skills;
Any other work or activity required by the juvenile court [.] , including, without limitation, participation in tutoring or extracurricular activities.
(d) Facilitate the development of a deeper understanding of community problems;
Sec.
(e) Provide the child with a better understanding of how to make constructive changes;
(f) Assist the child with gaining a sense of individual effectiveness;
(g) Facilitate the development in the child of a personal stake in the well-being of the community;
or (h) Provide the child with a better understanding of the need for involvement in the community in a way that affects positive change;
and 3.
Is performed in accordance with NRS 62E.190.
[2.
The term includes, but is not limited to, public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court.] Sec.
NRS 62C.210 is hereby amended to read as follows:
(Deleted by amendment.) - *SB359_R1* – 3 – Sec.
62C.210 1.
An agreement for informal supervision may require the child to:
(a) Perform community service, provide restitution to any victim of the acts for which the child was referred to the probation officer or make a monetary contribution to a restitution contribution fund established pursuant to NRS 62E.175;
(b) Participate in a program of restitution through work that is established pursuant to NRS 62E.580 if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;
(3) Is required to provide restitution to a victim;
and (4) Voluntarily agrees to participate in the program of restitution through work;
- *SB359* – 4 – (c) Complete a program of cognitive training and human development pursuant to NRS 62E.220 if:
(1) The child has never been found to be within the purview of this title;
and (2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim;
[or] (d) Attend or participate in counseling or psychological treatment;
or (e) Engage in any combination of the activities set forth in this subsection.
2.
If the agreement for informal supervision requires the child to participate in a program of restitution through work or complete a program of cognitive training and human development, the child or the parent or guardian of the child must not be required to pay the costs associated with the participation of the child in the program.
Unless the parent or guardian of the child signs a waiver of liability, the program or the entity for which the child performs the work, as applicable, shall provide policies of insurance against liability for personal injury and damage to property or industrial insurance, or both, during those periods in which the child participates in the program or performs work.
Sec.
NRS 62E.173 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
62E.173 1.
If a child commits an alcohol or marijuana offense:
(a) For a first or second offense:
(1) The child is a child in need of supervision and is not a delinquent child, and the child must be placed under informal supervision pursuant to NRS 62C.200;
and (2) The juvenile court may order the child [shall] to perform community service or attend or participate in counseling or psychological treatment for a combined total of not more than 24 hours .
[of community service.] (b) For a third or subsequent offense, a district attorney may file a petition alleging delinquency.
2.
As used in this section, “alcohol or marijuana offense” means:
(a) A violation of NRS 202.020;
(b) A violation of a city or county ordinance relating to the consumption or possession of alcohol;
(c) A violation of subsection 4 of NRS 453.336 for possession of 1 ounce or less of marijuana;
or (d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.
- *SB359* – 5 – Sec.
(b) The child’s school of attendance or the school at which the child participates in tutoring or extracurricular activities;
(b) [or a] A charitable organization that renders service to the community or its residents, including, [but not limited to:
or [a] (c) A charitable organization that renders service to the community or its residents, including, [but not limited to:
or [(c)] (3) A private nonprofit organization that performs other community service.
or [(c)] (3) A private nonprofit organization that performs other community service [.] ;
or (c) A program for which the primary purpose is to build job skills and increase the employability of the child.
(I) The] the child to pay a fine of not more than $100 or, if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine;
(I) The] the child to [pay a fine of not more than $100 or, if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine;
[or (II) The child to perform not less than 8 hours but not more than 16 hours of community service;] and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months.
or (II) The child to] perform not less than 8 hours but not more than 16 hours of community service;
and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months.
(b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:
- *SB359_R1* – 4 – (b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:
- *SB359* – 6 – (1) Order [:
(1) Order:
(I) The] the child to pay a fine of not more than $200 or, if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine;
(I) The child to pay a fine of not more than $200 or, if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine;
[(II) The child to perform not more than 10 hours of community service;
(II) The child to perform not more than 10 hours of community service;
or (III) Compliance with the requirements set forth in both sub-subparagraphs (I) and (II);] and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year.
or (III) Compliance with the requirements set forth in both sub-subparagraphs (I) and (II);
and (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year.
The juvenile court may, in lieu of all or part of a fine ordered pursuant to:
The juvenile court may, in lieu of all or part of a fine ordered pursuant to this section, order the child to perform not more than 10 additional hours of community service.
(a) Paragraph (a) of subsection 1, order the child to perform community service or attend or participate in counseling or psychological treatment for a combined total of not more than 10 hours.
The combined total of community service ordered by the juvenile court each time a child is adjudicated to be in need of supervision must not exceed 20 hours.
(b) Paragraph (b) of subsection 1, order the child to perform community service or attend or participate in counseling or psychological treatment for a combined total of not more than 16 hours.
The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to the child’s teacher or the principal for any absence from school within that period.
The juvenile court may suspend the payment of a fine ordered pursuant to [paragraph (a) of subsection 1] this section if [the] :
[3.] 4.
(a) The child attends school for 60 consecutive school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to the child’s teacher or the principal for any absence from school within that period [.
The juvenile court may suspend the payment of a fine ordered pursuant to this section if the parent or guardian of a child is ordered to pay a fine by another court of competent jurisdiction in a case relating to or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.
3.
[4.
The juvenile court may suspend the payment of a fine ordered pursuant to this section if the] ;
The] 5.
or (b) The parent or guardian of a child is ordered to pay a fine by another court of competent jurisdiction in a case relating to or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.
Any community service ordered pursuant to [this section] subsection 2 must be performed at the child’s school of attendance, if practicable.
4.
- *SB359* – 7 – Sec.
The community service ordered pursuant to this section must be performed at the child’s school of attendance, if practicable.
- *SB359_R1* – 5 – Sec.
If the child is already the subject of a court order suspending or delaying the issuance of the driver’s license of the child, the juvenile - *SB359* – 8 – court [shall] may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
If the child is already the subject of a court order suspending or delaying the issuance of the driver’s license of the child, the juvenile - *SB359_R1* – 6 – court [shall] may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
NRS 62E.560 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
62E.560 1.
If a delinquent child has committed an unlawful act that causes physical injury to a victim of the act, the juvenile court shall order the child to provide restitution to the victim for medical expenses incurred as a result of the act.
2.
If a delinquent child has committed an unlawful act that damaged or destroyed property owned or possessed by another person, the juvenile court shall order the child to provide restitution to the person who owns or possesses the property.
3.
If the child is not able to provide restitution pursuant to this section, the juvenile court shall order the parent or guardian of the child to provide restitution, unless the juvenile court determines that extenuating circumstances exist.
4.
[If,] Except as otherwise provided in subsection 5, if, because of financial hardship, a delinquent child or the parent or guardian of the child, or both, are unable to provide restitution pursuant to this section, the juvenile court shall order [the] :
(a) The child or the parent or guardian of the child, or both, to perform community service [.] ;
or (b) The child to attend or participate in counseling or psychological treatment.
5.
The juvenile court shall not order:
(a) A child, parent or guardian to perform community service pursuant to subsection 4 if an opportunity to perform community service in accordance with NRS 62E.190 is not reasonably available to the child, parent or guardian, as applicable.
(b) A child to attend or participate in counseling or psychological treatment pursuant to subsection 4 if the child, parent or guardian is required to pay the costs associated with attending or participating in the counseling or psychological treatment.
- *SB359* – 9 – Sec.
4.
- *SB359_R1* – 7 – 4.
(a) For the first offense [:
(a) For the first offense:
and (2) Issue] , issue an order suspending the driver’s license of the child for not more than 1 year or, if the child does not possess a - *SB359* – 10 – driver’s license, prohibit the child from receiving a driver’s license for not more than 1 year:
and (2) Issue an order suspending the driver’s license of the child for not more than 1 year or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for not more than 1 year:
[(I)] (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
(I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
[(II)] (2) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.
(II) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.
(b) For the second offense [:
(b) For the second offense:
and (2) Issue] , issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:
and (2) Issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years or, if the child does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:
[(I)] (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
(I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
[(II)] (2) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.
(II) After the date the child becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.
3.
In addition to the penalties prescribed by subsection 1, the juvenile court may order the child to perform community service or attend or participate in counseling or psychological treatment for a combined total of not more than:
(a) Fifty hours, for the first offense.
(b) Two hundred hours, for the second offense.
NRS 62E.685 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
62E.685 If a child is adjudicated delinquent for an unlawful act involving the killing or possession of certain animals in violation of NRS 501.376, the juvenile court may do any or all of the following:
1.
Order the child to pay a fine.
If, because of financial hardship, the child is unable to pay the fine, the juvenile court may order the child to perform community service [.] or attend or participate in counseling or psychological treatment.
2.
Order the child or the parent or guardian of the child, or both, to pay a civil penalty pursuant to NRS 501.3855.
3.
Order that any license issued to the child pursuant to chapter 502 of NRS be revoked by the Department of Wildlife.
The juvenile court shall order the child to surrender to the court any license issued to the child pursuant to chapter 502 of NRS then held by the child and, not later than 5 days after issuing the order, forward to the - *SB359* – 11 – Department of Wildlife any license surrendered by the child and a copy of the order.
4.
Order that the child must not receive a license to hunt, fish or trap within the 2 years immediately following the date of the order or until the child is 18 years of age, whichever is later.
5.
Order the child placed on probation and impose such conditions as the juvenile court deems proper.
Sec.
Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125 or 206.330 or for the unlawful act of carrying a graffiti implement in certain places without valid authorization in violation of NRS 206.335, the juvenile court shall:
Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125 or 206.330 or for the unlawful act of carrying a graffiti implement in - *SB359_R1* – 8 – certain places without valid authorization in violation of NRS 206.335, the juvenile court shall:
(a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 1 year but not more than 2 years;
(a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 1 year but not mor(b) If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least 1 year but not more than 2 years:
or (b) If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least 1 year but not more than 2 years:
3.
In addition to the penalties prescribed by subsection 1, the juvenile court may order the child to perform community service or attend or participate in counseling or psychological treatment for a combined total of not more than:
(a) Fifty hours, for the first offense.
(b) One hundred hours, for the second offense.
(c) Two hundred hours, for the third or subsequent offense.
NRS 62E.700 is hereby amended to read as follows:
(Deleted by amendment.) H - *SB359_R1*
62E.700 1.
If a child is found to have committed a minor traffic offense, the juvenile court may do any or all of the following:
(a) Order the child to pay a fine.
If, because of financial hardship, the child is unable to pay the fine, the juvenile court may - *SB359* – 12 – order the child to perform community service [.] or attend or participate in counseling or psychological treatment.
(b) Recommend to the Department of Motor Vehicles the suspension of the driver’s license of the child.
course.Order the child to attend and complete a traffic survival (d) Order the child or the parent or guardian of the child, or both, to pay the reasonable cost for the child to attend the traffic survival course.
(e) Order the child placed on probation and impose such conditions as the juvenile court deems proper.
2.
The juvenile court shall forward to the Department of Motor Vehicles, in the form required by NRS 483.450, a record of the minor traffic offense, unless the offense involved a violation of a law or ordinance governing standing or parking.
3.
As used in this section, “juvenile court” means:
(a) The juvenile court;
or (b) The Justice Court or municipal court if the juvenile court has transferred the case and record to the Justice Court or municipal court pursuant to NRS 62B.380.
H - *SB359*
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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 348.) To printer.

  5. From printer. To committee.

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

Sponsors

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1 sponsors · 1 co-sponsors · 65 not signed on

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Frequently asked questions

Who sponsors SB 359?
SB 359 is sponsored by Ohrenschall, James (Democratic) and Krasner, Lisa (Republican).
What is the current status of SB 359?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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