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2005 Nevada Revised Statutes - Chapter 62F — Juvenile Sex Offenders

CHAPTER 62F - JUVENILE SEX OFFENDERS

GENERAL PROVISIONS

NRS 62F.010 Districtattorney may request hearing after adjudication of delinquency in certaincircumstances to determine whether unlawful act was sexually motivated;evidence; juvenile court to enter finding.

RESTRICTIONS CONCERNING ATTENDANCE IN SCHOOL

NRS 62F.100 Sexualoffense defined.

NRS 62F.110 Powersand duties of juvenile court: Supervision of child; restrictions on attendance;parental responsibility; schools may be authorized to inform educationalpersonnel; termination of jurisdiction.

NRS 62F.120 Notificationto school concerning adjudication; notification to include name of victim incertain circumstances.

NRS 62F.130 Alternativeplan of supervision: Required for attendance at same school as victim;conditions; modification or rescission; victim and parent or guardian of victimto be informed of rights.

NRS 62F.140 Alternativeplan of attendance: May be requested when alternative plan of supervision isnot approved; requirements; modification or rescission.

NRS 62F.150 Terminationof restrictions: Power to request; conditions; notification to school.

COMMUNITY NOTIFICATION

NRS 62F.200 Sexualoffense defined.

NRS 62F.210 Applicabilityof provisions.

NRS 62F.220 Additionalduties of juvenile court with respect to juvenile sex offender; jurisdiction ofjuvenile court not terminated until child no longer subject to communitynotification.

NRS 62F.230 Notificationto local law enforcement agency.

NRS 62F.240 Powerof juvenile court to relieve child of being subject to community notification.

NRS 62F.250 Hearingto determine whether to deem child adult sex offender; termination ofregistration and community notification.

NRS 62F.260 Recordsnot sealed during period of community notification; delinquent act of child whohas been deemed adult sex offender deemed criminal for certain purposes andrecords relating to such child must not be sealed.

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GENERAL PROVISIONS

1. If a child is adjudicated delinquent for anunlawful act that, if committed by an adult, would have constituted kidnappingin the first or second degree, false imprisonment, burglary or invasion of thehome, the juvenile court shall, at the request of the district attorney,conduct a separate hearing to determine whether the act was sexually motivated.

2. At the hearing, only evidence concerning thequestion of whether the unlawful act was sexually motivated may be presented.

3. After hearing the evidence, the juvenile courtshall determine whether the unlawful act was sexually motivated and shall enterits finding in the record.

4. For the purposes of this section, an unlawful actis sexually motivated if one of the purposes for which the child committedthe unlawful act was his sexual gratification.

(Added to NRS by 2003, 1077)

NRS 62F.020 Supervisionof juvenile sex offender sent from another state. [Effective through June 30,2006, or until enactment of the Interstate Compact for Juveniles into law bythe 35th jurisdiction, whichever is later.] Ifa child is adjudicated delinquent in another state for an act that, ifcommitted by an adult, would be a sexual offense pursuant to the laws of theother state, the other state may send the child to this State to receive care,treatment or rehabilitation in any residential, group or institutional programonly if the program in this State ensures that the other state has requestedthrough the Interstate Compact on Juveniles pursuant to chapter 62I of NRS or the Interstate Compact onthe Placement of Children pursuant to NRS127.320 to 127.350, inclusive, thatcourtesy supervision be provided for the child during the period that the childis in this State for care, treatment or rehabilitation.

(Added to NRS by 2003, 429)

NRS 62F.020 Supervision of juvenile sex offendersent from another state. [Effective July 1, 2006, or upon enactment of theInterstate Compact for Juveniles into law by the 35th jurisdiction, whicheveris later.] If a child is adjudicateddelinquent in another state for an act that, if committed by an adult, would bea sexual offense pursuant to the laws of the other state, the other state maysend the child to this State to receive care, treatment or rehabilitation inany residential, group or institutional program only if the program in thisState ensures that the other state has requested through the Interstate Compactfor Juveniles pursuant to chapter 62I of NRSor the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, that courtesysupervision be provided for the child during the period that the child is inthis State for care, treatment or rehabilitation.

(Added to NRS by 2003, 429; A 2005, 413, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

RESTRICTIONS CONCERNING ATTENDANCE IN SCHOOL

NRS 62F.100 Sexualoffense defined. As used in NRS 62F.100 to 62F.150, inclusive, unless the contextotherwise requires, sexual offense means:

1. Sexual assault pursuant to NRS 200.366;

2. Battery with intent to commit sexual assaultpursuant to NRS 200.400;

3. An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive;

4. Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony;

5. Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony;

6. Lewdness with a child pursuant to NRS 201.230;

7. Sexual penetration of a dead human body pursuant toNRS 201.450;

8. Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony; or

9. An attempt to commit an offense listed in thissection, if punishable as a felony.

(Added to NRS by 2003, 1077; A 2003, 1380)

1. In addition to any other action authorized orrequired pursuant to the provisions of this title and except as otherwiseprovided in NRS 62F.150, if a child isadjudicated delinquent for an unlawful act that would have been a sexualoffense if committed by an adult or is adjudicated delinquent for a sexuallymotivated act, the juvenile court shall:

(a) Place the child under the supervision of aprobation officer or parole officer, as appropriate, for a period of not lessthan 3 years.

(b) Except as otherwise provided in NRS 62F.130 and 62F.140, prohibit the child fromattending a public school or private school that a victim of the sexual offenseor the sexually motivated act is attending for the period ordered by the juvenilecourt pursuant to paragraph (a).

(c) Order the parent or guardian of the child to informthe probation officer or parole officer, as appropriate, assigned to the childeach time the child expects to change the public school or private school thatthe child is attending, not later than 20 days before the expected date of thechange.

(d) Order the parent or guardian of the child, to theextent of his financial ability, to reimburse all or part of the additionalcosts of transporting the child, if the costs are incurred by a county schooldistrict pursuant to NRS 392.251 to 392.271, inclusive.

(e) Inform the parent or guardian of the child of therequirements of NRS 62F.100 to 62F.150, inclusive, 392.251 to 392.271, inclusive, and 394.162 to 394.167, inclusive.

2. The juvenile court may authorize a superintendentof a county school district or the executive head of a private school whoreceives notification from a probation officer or parole officer, asappropriate, pursuant to NRS 62F.120to inform other appropriate educational personnel that the child has beenadjudicated delinquent for a sexual offense or a sexually motivated act.

3. Except as otherwise provided in NRS 62F.150, the juvenile court may notterminate its jurisdiction concerning the child for the purposes of carryingout the provisions of NRS 62F.100 to 62F.150, inclusive, for the periodordered by the juvenile court pursuant to paragraph (a) of subsection 1.

(Added to NRS by 2003, 1077)

NRS 62F.120 Notificationto school concerning adjudication; notification to include name of victim incertain circumstances.

1. If a child has been adjudicated delinquent for asexual offense or a sexually motivated act, the probation officer or paroleofficer, as appropriate, assigned to the child shall provide notice that thechild has been adjudicated delinquent for a sexual offense or a sexuallymotivated act to:

(a) The superintendent of the county school district inwhich the child resides; or

(b) If the child is attending a private school withinthis state, the executive head of the private school.

2. If the probation officer or parole officer, asappropriate, assigned to the child is informed by the parent or guardian of thechild that the child expects to change the public school or private school thatthe child is attending or if the probation officer or parole officer otherwisebecomes aware of such a change, the probation officer or parole officer shallprovide notification that the child has been adjudicated delinquent for asexual offense or a sexually motivated act to:

(a) The superintendent of the county school district inwhich the child is or will be residing; or

(b) If the child is or will be attending a privateschool within this state, the executive head of the private school.

3. Notification provided pursuant to this section mustinclude the name of each victim of a sexual offense or a sexually motivated actcommitted by the child if the victim is attending a public school or privateschool within this state.

(Added to NRS by 2003, 1078)

NRS 62F.130 Alternativeplan of supervision: Required for attendance at same school as victim;conditions; modification or rescission; victim and parent or guardian of victimto be informed of rights.

1. The juvenile court may permit a child who has beenadjudicated delinquent for a sexual offense or a sexually motivated act toattend a public school or private school that a victim of the sexual offense orthe sexually motivated act is attending if, upon the request of the child, thesuperintendent of the county school district or the executive head of theprivate school:

(a) The juvenile court develops and approves analternative plan of supervision for the child that protects the safety and theinterests of the victim;

(b) The victim and the parent or guardian of the victimconsent, in writing, to the plan;

(c) The superintendent of the county school district orthe executive head of the private school consents, in writing, to the plan; and

(d) The child and the parent or guardian of the childagree, in writing, to comply with the conditions of the plan.

2. As part of an alternative plan of supervision, thejuvenile court shall impose reasonable conditions on the child and, ifnecessary to facilitate the alternative plan, on the parent or guardian of thechild. The conditions must be designed to protect the safety and the interestsof the victim and to ensure that the child complies with the plan.

3. Upon its own motion or upon a request from thedistrict attorney, the victim, the parent or guardian of the victim or theprobation officer or parole officer, as appropriate, assigned to the child, thejuvenile court may modify or rescind the alternative plan of supervision or acondition of the alternative plan after providing notice and an opportunity tobe heard to the child, the parent or guardian of the child, the districtattorney and the parties who consented to the alternative plan. If a proposed modificationis reasonably likely to increase contact between the victim and the child, thejuvenile court may not make the modification without the written consent of thevictim and the parent or guardian of the victim. If the juvenile court rescindsthe alternative plan of supervision, the child is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, as if the alternativeplan had not existed.

4. Before the juvenile court accepts the writtenconsent of the victim and the parent or guardian of the victim pursuant to thissection, the juvenile court shall inform them of their right to withholdconsent and, except as otherwise provided in NRS 62F.140, their right to have thechild not attend the public school or private school the victim is attending.

(Added to NRS by 2003, 1079)

NRS 62F.140 Alternativeplan of attendance: May be requested when alternative plan of supervision isnot approved; requirements; modification or rescission.

1. If the juvenile court does not approve analternative plan of supervision pursuant to NRS62F.130 for a child who has been adjudicated delinquent for a sexualoffense or a sexually motivated act, the superintendent of the county schooldistrict or the executive head of the private school may request that thejuvenile court approve an alternative plan of attendance for the child.

2. An alternative plan of attendance:

(a) Must be designed to prevent contact between thevictim and the child during school hours and during extracurricular activitiesconducted on school grounds; and

(b) Must not interfere with or alter the schedule of classesor the extracurricular activities of the victim.

3. Before approving an alternative plan of attendance,the juvenile court shall provide notice and an opportunity to be heard to thechild, the parent or guardian of the child, the district attorney, the victimand the parent or guardian of the victim.

4. If the juvenile court approves an alternative planof attendance, the district attorney, the victim or the parent or guardian ofthe victim may petition the juvenile court to modify or rescind the alternativeplan on the basis that:

(a) The alternative plan is not protecting the safetyor the interests of the victim; or

(b) The child or the public school or private school isnot complying with the alternative plan.

5. Upon receiving a petition to modify or rescind analternative plan of attendance, the juvenile court may modify or rescind thealternative plan after providing notice and an opportunity to be heard to thechild, the parent or guardian of the child, the district attorney, the victim,the parent or guardian of the victim and the superintendent of the countyschool district or the executive head of the private school.

6. If the juvenile court rescinds the alternative planof attendance, the child is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, as if the alternativeplan had not existed.

(Added to NRS by 2003, 1079)

NRS 62F.150 Terminationof restrictions: Power to request; conditions; notification to school.

1. A probation officer or parole officer, asappropriate, assigned to a child who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, may submit a petitionto the juvenile court requesting that the court terminate the applicability ofthe provisions of NRS 62F.100 to 62F.150, inclusive, with respect to thechild if:

(a) At the time the child committed the sexual offenseor the sexually motivated act for which the child was adjudicated delinquent,the child and the victim of the sexual offense or sexually motivated act weremembers of the same family or household;

(b) The child has complied with the terms andconditions of his probation or parole, including, but not limited to, thecompletion of any counseling in which the child was ordered to participate;

(c) The childs counselor recommends, in writing, thatthe juvenile court terminate the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to thechild to allow the reunification of the family or household; and

(d) The victim and the parent or guardian of the victimconsent, in writing, to the termination of the applicability of the provisionsof NRS 62F.100 to 62F.150, inclusive, with respect to thechild to allow the reunification of the family or household.

2. If the juvenile court grants a petition requestedpursuant to this section, the juvenile court shall provide written notice tothe public school or private school which the child is attending that thejuvenile court has terminated the applicability of the provisions of NRS 62F.100 to 62F.150, inclusive, with respect to thechild.

(Added to NRS by 2003, 1080)

COMMUNITY NOTIFICATION

NRS 62F.200 Sexualoffense defined. As used in NRS 62F.200 to 62F.260, inclusive, unless the contextotherwise requires, sexual offense means:

1. Sexual assault pursuant to NRS 200.366;

2. Battery with intent to commit sexual assaultpursuant to NRS 200.400;

3. An offense involving pornography and a minorpursuant to NRS 200.710 or 200.720;

4. Lewdness with a child pursuant to NRS 201.230; or

5. An attempt to commit an offense listed in thissection.

(Added to NRS by 2003, 1080)

NRS 62F.210 Applicabilityof provisions. Except as otherwise provided insubsection 2 of NRS 62F.260, theprovisions of NRS 62F.200 to 62F.260, inclusive, do not apply to achild who is subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21years of age.

(Added to NRS by 2003, 1081)

NRS 62F.220 Additionalduties of juvenile court with respect to juvenile sex offender; jurisdiction ofjuvenile court not terminated until child no longer subject to communitynotification.

1. In addition to any other action authorized orrequired pursuant to the provisions of this title, if a child is adjudicateddelinquent for an unlawful act that would have been a sexual offense ifcommitted by an adult or is adjudicated delinquent for a sexually motivatedact, the juvenile court shall:

(a) Notify the Attorney General of the adjudication, sothe Attorney General may arrange for the assessment of the risk of recidivismof the child pursuant to the guidelines and procedures for communitynotification;

(b) Place the child under the supervision of a probationofficer or parole officer, as appropriate, for a period of not less than 3years;

(c) Inform the child and the parent or guardian of thechild that the child is subject to community notification as a juvenile sexoffender and may be subject to registration and community notification as anadult sex offender pursuant to NRS 62F.250;and

(d) Order the child, and the parent or guardian of thechild during the minority of the child, while the child is subject to communitynotification as a juvenile sex offender, to inform the probation officer orparole officer, as appropriate, assigned to the child of a change of theaddress at which the child resides not later than 48 hours after the change ofaddress.

2. The juvenile court may not terminate itsjurisdiction concerning the child for the purposes of carrying out theprovisions of NRS 62F.200 to 62F.260, inclusive, until the child is nolonger subject to community notification as a juvenile sex offender pursuant toNRS 62F.200 to 62F.260, inclusive.

(Added to NRS by 2003, 1081)

NRS 62F.230 Notificationto local law enforcement agency.

1. If a child has been adjudicated delinquent for asexual offense or a sexually motivated act, the probation officer or paroleofficer, as appropriate, assigned to the child shall notify the local lawenforcement agency in whose jurisdiction the child resides that the child:

(a) Has been adjudicated delinquent for a sexualoffense or a sexually motivated act; and

(b) Is subject to community notification as a juvenilesex offender.

2. If the probation officer or parole officer, asappropriate, assigned to the child is informed by the child or the parent orguardian of the child that the child has changed the address at which the childresides or if the probation officer or parole officer otherwise becomes awareof such a change, the probation officer or parole officer shall notify:

(a) The local law enforcement agency in whosejurisdiction the child last resided that the child has moved; and

(b) The local law enforcement agency in whosejurisdiction the child is now residing that the child:

(1) Has been adjudicated delinquent for a sexualoffense or a sexually motivated act; and

(2) Is subject to community notification as ajuvenile sex offender.

(Added to NRS by 2003, 1081)

NRS 62F.240 Powerof juvenile court to relieve child of being subject to community notification.

1. If a child who has been adjudicated delinquent fora sexual offense or a sexually motivated act has not previously been relievedof being subject to community notification as a juvenile sex offender, thejuvenile court may, at any appropriate time, hold a hearing to determinewhether the child should be relieved of being subject to community notificationas a juvenile sex offender.

2. If the juvenile court determines at the hearingthat the child has been rehabilitated to the satisfaction of the juvenile courtand that the child is not likely to pose a threat to the safety of others, thejuvenile court may relieve the child of being subject to community notificationas a juvenile sex offender.

(Added to NRS by 2003, 1082)

NRS 62F.250 Hearingto determine whether to deem child adult sex offender; termination of registrationand community notification. Except as otherwiseprovided in NRS 62F.200 to 62F.260, inclusive:

1. If a child who has been adjudicated delinquent fora sexual offense or a sexually motivated act is not relieved of being subjectto community notification as a juvenile sex offender before the child reaches21 years of age, the juvenile court shall hold a hearing when the child reaches21 years of age to determine whether the child should be deemed an adult sexoffender for the purposes of registration and community notification pursuantto NRS 179D.350 to 179D.800, inclusive.

2. If the juvenile court determines at the hearingthat the child has been rehabilitated to the satisfaction of the juvenile courtand that the child is not likely to pose a threat to the safety of others, thejuvenile court shall relieve the child of being subject to registration andcommunity notification.

3. If the juvenile court determines at the hearingthat the child has not been rehabilitated to the satisfaction of the juvenilecourt or that the child is likely to pose a threat to the safety of others, thejuvenile court shall deem the child to be an adult sex offender for thepurposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.

4. In determining at the hearing whether the child hasbeen rehabilitated to the satisfaction of the juvenile court and whether thechild is not likely to pose a threat to the safety of others, the juvenilecourt shall consider the following factors:

(a) The number, date, nature and gravity of the act oracts committed by the child, including:

(1) Whether the act or acts were characterizedby repetitive and compulsive behavior; and

(2) Whether the act or acts involved the use ofa weapon, violence or infliction of serious bodily injury.

(b) The extent to which the child has received counseling,therapy or treatment, and the response of the child to any such counseling,therapy or treatment.

(d) The behavior of the child while subject to thejurisdiction of the juvenile court, including the behavior of the child duringany period of confinement.

(e) Whether the child has made any recent threatsagainst a person or expressed any intent to commit any crimes in the future.

(f) Any physical conditions that minimize the risk ofrecidivism, including physical disability or illness.

(g) Any other factor that the juvenile court findsrelevant to the determination of whether the child has been rehabilitated tothe satisfaction of the juvenile court and whether the child is not likely topose a threat to the safety of others.

5. If a child is deemed to be an adult sex offenderpursuant to this section, the juvenile court shall notify the CentralRepository so the Central Repository may carry out the provisions for registrationof the child as an adult sex offender pursuant to NRS 179D.450.

(Added to NRS by 2003, 1082; A 2005, 2873)

1. The records relating to a child must not be sealedpursuant to the provisions of NRS 62H.100to 62H.170, inclusive, while the childis subject to community notification as a juvenile sex offender.

2. If a child is deemed to be an adult sex offenderpursuant to NRS 62F.250, is convictedof a sexual offense, as defined in NRS179D.410, before reaching 21 years of age or is otherwise subject toregistration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21years of age:

(a) The records relating to the child must not besealed pursuant to the provisions of NRS62H.100 to 62H.170, inclusive; and

(b) Each delinquent act committed by the child thatwould have been a sexual offense, as defined in NRS 179D.410 if committed by an adult,shall be deemed to be a criminal conviction for the purposes of:

(1) Registration and community notificationpursuant to NRS 179D.350 to 179D.800, inclusive; and

(2) The statewide registry established withinthe Central Repository pursuant to chapter 179Bof NRS.

(Added to NRS by 2003, 1082)

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