SB 415 — Revises provisions relating to juvenile probation. (BDR 5-317)

(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.

415415–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

415–COMMITTEE ON JUDICIARY (O N BEHALF OF THE JOINT NTERIM S TANDING C OMMITTEE ON JUDICIARY ) M ARCH 27, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile probation.

(BDR 5-317) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law provides, with certain exceptions, that a juvenile court has exclusive jurisdiction over a child who is alleged to have committed a delinquent act.

(NRS 62B.330)tion62B.330) over a child who is alleged to have committed a delinquent Section 1 of this bill:

(1) authorizes a juvenile court to place a child on juvenile court from placing a child on probation underfor certaina circumstances;period of more than 18ions, a months.

andSection (2)1 prohibits,further withauthorizes certain exceptions, a juvenile court fromto placingorder one or more extensions of the probation of a child onif probationthe forjuvenile court finds, based on a periodpreponderance of moreevidence thanpresented 18at months.a hearing on the matter, that such an extension is advisable, considering the individualized case plan developed for the child.

SectionWith certain exceptions, section 1 furtherprovides authorizesthat ano juvenilesingle courtextension toof orderexceptions, onesection or1 moreprohibits extensionsa ofjuvenile court from extending the probation of aany child if the juvenileextension courtresults finds,in basedthe onchild abeing extensionon isprobation advisable,for consideringa thetotal individualizedperiod caseof planmore developedthan for36 themonths. child.

WithFinally, certain exceptions, section 1 providessets thatforth nocertain singlerequirements extensionconcerning ofany probationhearing ofconducted by a childjuvenile maycourt berelating forto athe periodextension of morethe thanprobation 6of months.a child.

Withplacement certainof exceptions, section 1 prohibits a juvenile court from extending the probation of any child if the extension results in the childNevada beingRevised onStatutes. probation for a total period of more than 36 months.

Finally,indicate sectionthe 1proper setsEXPLANATION forth– certainMatter requirementsin concerningbolded ofitalics ais child.new;

conductedmatter bybetween abrackets juvenile[omitted courtmaterial] relatingis tomaterial the extension of the probation - *SB415_R1* – 2 – Section 2 of this bill makes a conforming change to indicatebe theomitted. proper placement of section 1 in the Nevada Revised Statutes.

The juvenile court shall consider the report prepared by the department of juvenile justice services pursuant to NRS 62E.506 when determining whether to place a child on probation and the period of any such probation.

(a) A juvenile court shall not place a child on probation for a period of more than 18 months for each unlawful act for which the- child82nd isSession adjudicated(2023) delinquent,– placed2 under– the supervision of the juvenile court pursuant to a supervision and consent decree, or placed under informal supervision.

4.beyond the period prescribed by paragraph (c) of subsection 3 if the child, the parent or guardian of the child, the attorney for the child, the probation officer of the child and the district attorney agree to the extension.

A juvenile court may extend the probation of a child beyond the period prescribed by paragraph (c) of subsection 3 if the child, the parent or guardian of the child, the attorney for the child, the probation officer of the child and the district attorney agree to the extension.

- *SB415_R1* – 3 – 6.

(1) Report of the probation officer of the child relating to the issue of whether the juvenile court should extend the probation of the(2) Report prepared by the child;department of juvenile services pursuant to NRS 62E.506;

(2) Report prepared by the department of juvenile justice services pursuant to NRS 62E.506;

- 82nd Session (2023) – 3 – 8.

62E.500inclusive 1.[:] , and section 1 of this act:E.500 to 62E.730, (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

The provisions of NRS 62E.500 to 62E.730, inclusive [:] , and section 1 of this act:

(a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

H~~~~~ 23 - *SB415_R1*82nd Session (2023)