Existing law authorizes the juvenile court to: (1) commit a child who is adjudicated delinquent to the custody of a regional facility for the treatment and rehabilitation of children or state facility for the detention of children; or (2) order a child to be placed in a facility for the detention of children for a violation of probation. (NRS 62E.525, 62E.710) Section 3 of this bill provides that if a child is adjudicated delinquent and committed by the juvenile court to a regional facility for the treatment and rehabilitation of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children for a violation of probation, the facility is required to: (1) create and maintain a written record documenting the commission of any act of serious violence that is committed by the child against the staff of the facility or another child in the facility; and (2) provide any such record to the juvenile court and all other appropriate authorities to be used for certain purposes. Section 1 of this bill defines the term “act of serious violence” to mean an act of violence committed by a child against the staff of the facility or another child in the facility that involves: (1) the use of a weapon by the child; or (2) a sustained attack or repeated attacks by the child upon the staff of the facility or another child in the facility. Section 2 of this bill makes a conforming change to clarify that the definition of “act of serious violence” in section 1 applies to the provisions of existing law relating to juvenile justice. Section 4 of this bill makes a conforming change to clarify that the provisions of existing law relating to the disposition of a case involving a child who is adjudicated delinquent apply to section 3. Existing law provides that before the juvenile court commits a delinquent child to the custody of a state facility for the detention of children, the juvenile court must find that: (1) appropriate alternatives that could satisfactorily meet the needs of the child do not exist in the community or were previously used to attempt to meet such needs and proved unsuccessful; and (2) the child poses a public safety risk based on the child's risk of reoffending, as determined by a risk assessment, any history of delinquency and the seriousness of the offense committed by the child. (NRS 62E.505) Section 5 of this bill requires the juvenile court also to consider any act of serious violence, as defined in section 1, committed by the child. Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to: (1) develop a length of stay matrix and establish release criteria for a state facility for the detention of children that are based on a child's risk of reoffending, as determined by a risk assessment for the child, the seriousness of the act for which the child was adjudicated delinquent and the child's progress in meeting treatment goals; and (2) use the matrix and release criteria in making release and discharge decisions. (NRS 62E.525) Section 6 of this bill requires the Division, in developing the length of stay matrix and establishing release criteria, also to consider any act of serious violence, as defined in section 1, committed by the child. Existing law authorizes the Division to place a delinquent child who has been committed to the custody of the Division in certain facilities or public or private institutions or agencies located within or outside this State under certain circumstances, depending upon the age of the child. (NRS 63.440) Section 7 of this bill requires the Division, in adopting any statewide policy for the admission or placement of children, to consider certain specific factors, including, without limitation, whether the child: (1) has been adjudicated delinquent multiple times or otherwise had multiple cases disposed of; (2) has previously been adjudicated delinquent for acts that involve the use or threatened use of force or violence; (3) has committed any act of serious violence, as defined in section 1; and (4) does not appear to be benefiting from, or to be receptive to, the programs or treatment offered to the child or has otherwise demonstrated a desire not to modify his or her behavior in a positive manner. Existing law requires the Chief of the Youth Parole Bureau of the Division to perform certain duties, including: (1) supervising all children released on parole from a facility; (2) supervising all children released by other states for juvenile parole in this State pursuant to interstate compact; (3) furnishing to each child paroled a written statement of the conditions of the parole and instructions regarding those conditions; (4) keeping informed concerning the conduct and condition of all children and employees under the supervision of the Chief; and (5) coordinating the functions of the Chief with those of the superintendents of each facility. (NRS 63.710) Section 8 of this bill additionally requires the Chief to: (1) communicate and coordinate with local school districts and officials as necessary to ensure that each child paroled, if attending school, is attending school regularly and not in danger of becoming a habitual truant and is receiving any necessary and appropriate counseling or guidance offered by the school district; and (2) partner and coordinate with available organizations, entities and persons who offer programs for reentry, mentorship and other necessary services for children who are paroled.

Statutes affected:
As Introduced: 62A.010, 62E.500, 62E.505, 62E.525, 63.710
BDR: 62A.010, 62E.500, 62E.505, 62E.525, 63.710