Existing law authorizes a juvenile court to place a child on probation under certain circumstances. With certain exceptions, existing law prohibits a juvenile court from placing a child on probation for a period of more than 18 months for each unlawful act for which the child is adjudicated delinquent, placed under the supervision of the juvenile court or placed under informal supervision. (NRS 62E.708) Section 1 of this bill removes language that ties the period during which a juvenile court may place a child on probation to each unlawful act for which the child is adjudicated delinquent, placed under the supervision of the juvenile court or placed under informal supervision. Section 1 thereby prohibits a juvenile court from placing a child on probation for a period of more than 18 months, regardless of the number of unlawful acts for which the child is adjudicated delinquent, placed under the supervision of the juvenile court or placed under informal supervision, unless an exception applies.
Existing law authorizes the juvenile court to enter a civil judgment against a child or a parent or guardian of a child for any amount of restitution that remains unpaid after the time established by the juvenile court for its payment. (NRS 62B.420) Under existing law, the juvenile court retains jurisdiction over a child, parent or guardian against whom a civil judgment is entered, regardless of whether the period of probation of the child has been terminated. (NRS 62B.420, 62E.708) Section 1 authorizes the juvenile court to terminate the period of probation of a child who has failed to make full restitution but has otherwise fulfilled the conditions of his or her probation. If the juvenile court terminates the period of probation of a child who has failed to make full restitution pursuant to section 1, existing law authorizes the juvenile court to enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim. (NRS 62B.420)
Existing law prescribes the procedure to be used by the juvenile court in determining whether to suspend, modify or revoke the parole of a child who violates the terms and conditions of his or her parole. Under existing law, pursuant to this procedure, the juvenile court must: (1) hold a hearing to determine whether to suspend, modify or revoke the parole of the child; (2) render a decision within 10 days after the conclusion of the hearing; and (3) comply with certain other requirements. (NRS 63.770) Existing law authorizes the juvenile court to order a child who violates the terms of his or her probation to be placed in a facility for the detention of children or county jail for not more than 30 days for the violation. (NRS 62E.710) Section 2 of this bill establishes the procedure to be used by the juvenile court when a child violates the conditions of his or her probation which is similar to the procedure established for violations of parole. Section 2 thereby requires the juvenile court to hold a hearing before ordering a child who violates the conditions of his or her probation to be placed in a facility for the detention of children or county jail.