2005 Nevada Revised Statutes - Chapter 62B — General Administration; Jurisdiction

CHAPTER 62B - GENERAL ADMINISTRATION;JURISDICTION

GENERAL ADMINISTRATION

Juvenile Courts

NRS 62B.010 Assignmentof judges to juvenile court; powers and duties.

NRS 62B.020 Masterof the juvenile court: Appointment; training; compensation.

NRS 62B.030 Masterof the juvenile court: Powers and duties; review of recommendations by juvenilecourt.

NRS 62B.040 Countyyouth services commission: Establishment; composition; duties.

 

Fiscal Administration

NRS 62B.100 Expensesincurred in complying with title are charge against county; exception; fixingsalaries, expenses and other compensation of employees of juvenile court anddepartment of juvenile justice services.

NRS 62B.110 Parentor guardian to reimburse county for ancillary services provided to child; civilremedy.

NRS 62B.120 Commitmentof child to custody of institution or person other than parent or guardian ischarge upon county; parent or guardian may be ordered to pay for support ofsuch child; penalty for failure to pay.

NRS 62B.130 Parentor guardian to reimburse county for support of child during detention in localor regional facility for detention of children; civil remedy.

NRS 62B.140 Expensesrelated to commitment of child to regional facility for detention of children:Payment by county; reimbursement by parent or guardian of child.

NRS 62B.150 Certaincounties to pay assessment for operation of regional facilities for detentionof children partially supported by State.

NRS 62B.160 Certaincounties to pay assessment for operation of regional facilities for detention ofchildren not supported by State.

 

Facilities for the Detention of Children

NRS 62B.200 Powersand duties of counties to provide facilities for detention of children andalternative programs.

NRS 62B.210 Conductand location of facilities for detention of children.

JURISDICTION

NRS 62B.300 Exerciseof jurisdiction by district courts; district courts termed juvenile courts forthat purpose.

NRS 62B.310 Exclusivejurisdiction; exceptions; powers of other courts.

NRS 62B.320 Childin need of supervision.

NRS 62B.330 Childalleged or adjudicated to have committed delinquent act; acts deemed not to bedelinquent.

NRS 62B.340 Childwho is on probation or who violates condition of parole.

NRS 62B.350 Adults;stepparents; rights and remedies of adults subject to jurisdiction.

NRS 62B.360 Nojurisdiction over child subject to exclusive jurisdiction of Indian tribe.

NRS 62B.370 Whencourt must transfer case to juvenile court.

NRS 62B.380 Transferof cases involving minor traffic offenses to other courts.

NRS 62B.390 Certificationof child for criminal proceedings as adult.

NRS 62B.400 Childwho escapes or attempts escape from facility for detention of juveniles deemedescaped prisoner; when court may certify such child for criminal proceedings;when deemed delinquent act.

NRS 62B.410 Terminationand retention of jurisdiction.

_________

GENERAL ADMINISTRATION

Juvenile Courts

NRS 62B.010 Assignmentof judges to juvenile court; powers and duties.

1. In any judicial district in which there are two orthree district judges, the district judges, by mutual consent, shall:

(a) Assign one district judge to serve as the judge ofthe juvenile court for a period set by the district judges; or

(b) Divide the powers and duties set forth in thistitle among the district judges as they see fit.

2. In a judicial district which does not include a countywhose population is 100,000 or more and in which there are four or moredistrict judges:

(a) The district judges, by mutual consent, shallassign one district judge to serve as the judge of the juvenile court for aperiod of 2 years; or

(b) If the district judges cannot agree, the ChiefJustice of the Supreme Court shall assign one district judge to serve as thejudge of the juvenile court for a period of 2 years.

3. If, for any reason, a district judge who isassigned to serve as a judge of the juvenile court pursuant to this section isunable to act, any other district judge of the judicial district may acttemporarily as a judge of the juvenile court during the period that thedistrict judge who is regularly assigned is unable to act.

4. Each district judge who is assigned to serve as ajudge of the juvenile court has all the powers and duties set forth in thistitle, and the primary duty of the district judge is to administer theprovisions of this title.

(Added to NRS by 2003, 1027)

NRS 62B.020 Masterof the juvenile court: Appointment; training; compensation.

1. Except as otherwise provided in this section, thejuvenile court or the chief judge of the judicial district may appoint anyperson to act as a master of the juvenile court if the person is qualified byprevious experience, training and demonstrated interest in the welfare ofchildren to act as a master of the juvenile court.

2. A probation officer shall not act as a master ofthe juvenile court unless the proceeding concerns:

(a) A minor traffic offense; or

(b) A child who is alleged to be a habitual truant.

3. If a person is appointed to act as a master of thejuvenile court, the person shall attend instruction at the National College ofJuvenile and Family Law in Reno, Nevada, in a course designed for the trainingof new judges of the juvenile court on the first occasion when such instructionis offered after the person is appointed.

4. If, for any reason, a master of the juvenile courtis unable to act, the juvenile court or the chief judge of the judicialdistrict may appoint another qualified person to act temporarily as a master ofthe juvenile court during the period that the master who is regularly appointedis unable to act.

5. The compensation of a master of the juvenile court:

(a) May not be taxed against the parties.

(b) Must be paid out of appropriations made for theexpenses of the district court, if the compensation is fixed by the juvenilecourt.

(Added to NRS by 2003, 1027)

NRS 62B.030 Masterof the juvenile court: Powers and duties; review of recommendations by juvenilecourt.

1. The juvenile court may order a master of thejuvenile court to:

(a) Swear witnesses.

(b) Take evidence.

(c) Make findings of fact and recommendations.

(d) Conduct all proceedings before the master of thejuvenile court in the same manner as a district judge conducts proceedings in adistrict court.

2. Not later than 10 days after the evidence before amaster of the juvenile court is closed, the master shall file with the juvenilecourt:

(a) All papers relating to the case;

(b) Written findings of fact; and

(c) Written recommendations.

3. A master of the juvenile court shall provide to theparent or guardian of the child, the attorney for the child, the districtattorney, and any other person concerned, written notice of:

(a) The masters findings of fact;

(b) The masters recommendations;

(c) The right to object to the masters recommendations;and

(d) The right to request a hearing de novo before thejuvenile court as provided in subsection 4.

4. After reviewing the recommendations of a master ofthe juvenile court and any objection to the masters recommendations, thejuvenile court shall:

(a) Approve the masters recommendations, in whole orin part, and order the recommended disposition;

(b) Reject the masters recommendations, in whole or inpart, and order such relief as may be appropriate; or

(c) Direct a hearing de novo before the juvenile courtif, not later than 5 days after the master provides notice of the mastersrecommendations, a person who is entitled to such notice files with thejuvenile court a request for a hearing de novo before the juvenile court.

5. A recommendation of a master of the juvenile courtis not effective until expressly approved by the juvenile court as evidenced bythe signature of a judge of the juvenile court.

(Added to NRS by 2003, 1028)

NRS 62B.040 Countyyouth services commission: Establishment; composition; duties.

1. In any county where it is deemed advisable, thejuvenile court may establish a youth services commission.

2. Each youth services commission must consist of fivepersons appointed by the juvenile court.

3. In conjunction with the Division of Child andFamily Services, the youth services commission shall advise the juvenile court,the Legislature, the Governor and the governing bodies of each city and thecounty to:

(a) Determine the extent to which various departments,agencies and organizations may wish to cooperate in a common effort tocoordinate their existing programs and develop new programs to reduce theincidence of juvenile delinquency;

(b) Develop necessary formal agreements among thosedepartments, agencies and organizations, including agreements involving thejoint exercise of power;

(c) Initiate, where feasible, other special projectsfor the prevention of delinquency through the use and coordination of existingresources within the community; and

(d) Seek and secure money and resources to carry outthe purposes of the youth services commission.

(Added to NRS by 2003, 1032)

Fiscal Administration

NRS 62B.100 Expensesincurred in complying with title are charge against county; exception; fixingsalaries, expenses and other compensation of employees of juvenile court anddepartment of juvenile justice services.

1. All expenses incurred in complying with theprovisions of this title are a charge against the county, except for expensesthat must be paid by the State of Nevada pursuant to the provisions of chapter 63 of NRS or a specific statute.

2. Except as otherwise provided in subsection 3,within the limits provided by the board of county commissioners, the juvenilecourt shall fix the salaries, expenses and other compensation of masters of thejuvenile court, probation officers and all employees of the juvenile court.

3. If the board of county commissioners hasestablished a department of juvenile justice services by ordinance pursuant to NRS 62G.200 to 62G.240, inclusive, the board of countycommissioners shall fix the salaries, expenses and other compensation ofprobation officers, assistant probation officers and all employees of thedepartment of juvenile justice services.

(Added to NRS by 2003, 1087)

NRS 62B.110 Parentor guardian to reimburse county for ancillary services provided to child; civilremedy.

1. If a child becomes subject to the jurisdiction ofthe juvenile court and the child receives ancillary services that areadministered or financed by a county, including, but not limited to,transportation or psychiatric, psychological or medical services, the county isentitled to reimbursement from the parent or guardian of the child for allmoney expended by the county for such services.

2. To determine the amount that the parent or guardianof the child must reimburse the county for such services:

(a) The board of county commissioners may adopt asliding scale based on the ability of the parent or guardian to pay; and

(b) The juvenile court shall review each case and makea finding as to the reasonableness of the charge in relation to the ability ofthe parent or guardian to pay.

3. If the parent or guardian of the child fails orrefuses to reimburse the county, the board of county commissioners may recoverfrom the parent or guardian, by appropriate legal action, all money due plusinterest thereon at the rate of 7 percent per annum commencing 30 days after anitemized statement of all money due is submitted to the parent or guardian.

(Added to NRS by 2003, 1087)

NRS 62B.120 Commitmentof child to custody of institution or person other than parent or guardian ischarge upon county; parent or guardian may be ordered to pay for support ofsuch child; penalty for failure to pay.

1. Except as otherwise provided in this chapter, ifthe juvenile court commits a child to the custody of a person who is not theparent or guardian of the child or to the custody of a public or privateinstitution or agency, and no provision is otherwise made by law for thesupport of the child, the expenses incurred for the support of the child whilein such custody, if approved by an order of the juvenile court, are a chargeupon the county where the child has a legal residence.

2. Notwithstanding any other statute providing for thesupport of such a child, after the parent or guardian of the child has beengiven notice and a reasonable opportunity to be heard, the juvenile court mayorder the parent or guardian to pay, in such a manner as the juvenile court maydirect and within the ability of the parent or guardian to pay, money to coverin whole or in part the support of the child.

3. If the parent or guardian of the child willfullyfails or refuses to pay the money due, the juvenile court may proceed againstthe parent or guardian for contempt.

4. If the juvenile court orders the parent or guardianof the child to pay for the support of the child pursuant to this section, themoney must be paid to the superintendent of the county school district orfiscal officer of the institution to which the child is committed, or the chiefadministrative officer of the agency to whom the child is committed.

(Added to NRS by 2003, 1087, 1088)

NRS 62B.130 Parentor guardian to reimburse county for support of child during detention in localor regional facility for detention of children; civil remedy.

1. If a child is detained other than pursuant to acourt order in a local or regional facility for the detention of children, thecounty that has detained the child is entitled to reimbursement from the parentor guardian of the child for all money expended by the county for the supportof the child during the period of the childs detention.

2. If the parent or guardian of the child fails orrefuses to reimburse the county, the board of county commissioners may recoverfrom the parent or guardian, by appropriate legal action, all money due plusinterest thereon at the rate of 7 percent per annum.

(Added to NRS by 2003, 1087)

NRS 62B.140 Expensesrelated to commitment of child to regional facility for detention of children:Payment by county; reimbursement by parent or guardian of child.

1. Except as otherwise provided in this subsection, ifa child is committed to the custody of a regional facility for the detention ofchildren, the juvenile court may order the county where the child has a legalresidence to pay the expenses incurred for the support of the child in anamount equal to any money paid for that purpose by the Division of Child andFamily Services. Such an order may not be entered if the county maintains thefacility to which the child is committed.

2. The juvenile court may order the parent or guardianof the child to reimburse the county, in whole or in part, for any moneyexpended by the county for the support of the child.

3. This section does not prohibit the juvenile courtfrom providing for the support of the child in any other manner authorized bylaw.

(Added to NRS by 2003, 1087)

NRS 62B.150 Certaincounties to pay assessment for operation of regional facilities for detentionof children partially supported by State.

1. Except as otherwise provided in subsection 6, eachcounty shall pay an assessment for the operation of each regional facility forthe detention of children that is partially supported by the State of Nevadaand is operated by a county whose population is less than 400,000.

2. The assessment owed by each county equals the totalamount budgeted by the Legislature for the operation of the regional facility,minus any money appropriated by the Legislature for the support of the regionalfacility, divided by the total number of pupils in this State in the precedingschool year, excluding pupils in counties whose population is 400,000 or more,and multiplied by the number of pupils in the assessed county. TheAdministrator of the Division of Child and Family Services shall calculate theassessment owed by each county in June of each year for the ensuing fiscalyear.

3. Each county must pay the assessed amount to theDivision of Child and Family Services in quarterly installments that are duethe first day of the first month of each calendar quarter.

4. The Administrator of the Division of Child andFamily Services shall deposit the money received pursuant to subsection 3 in aseparate account in the State General Fund. The money in the account may bewithdrawn only by the Administrator for the operation of regional facilitiesfor the detention of children.

5. Revenue raised by a county to pay the assessmentrequired pursuant to subsection 1 is not subject to the limitations on revenueimposed pursuant to chapter 354 of NRS andmust not be included in the calculation of those limitations.

6. The provisions of this section do not apply to acounty whose population is 400,000 or more.

7. As used in this section, regional facility for thedetention of children or regional facility does not include the institutionin Lyon County known as Western Nevada Regional Youth Center.

(Added to NRS by 2003, 1085)

NRS 62B.160 Certaincounties to pay assessment for operation of regional facilities for detentionof children not supported by State.

1. Except as otherwise provided in subsection 5, eachcounty shall pay an assessment for the operation of a regional facility for thedetention of children that serves the county if the regional facility:

(a) Is operated by a county whose population is lessthan 400,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whosepopulations are less than 400,000 each;

(b) Is established by two or more counties pursuant toan interlocal agreement or by one county if the regional facility is operatedpursuant to an interlocal agreement to benefit other counties; and

(c) Is not partially supported by the State of Nevadaand does not receive money from the State of Nevada other than any fees paid tothe regional facility for a child referred to the regional facility by theState of Nevada.

2. The administrator of a regional facility for thedetention of children shall calculate the assessment owed by each countypursuant to subsection 1 on or before March 1 of each year for the ensuingfiscal year. The assessment owed by each county equals:

(a) For the first 2 years of operation of the regionalfacility, the total amount budgeted for the operation of the regional facilityby the governing body of the county or other entity responsible for theoperation of the regional facility, minus any money received from the State ofNevada to pay for fees for a child referred to the regional facility by theState of Nevada, divided by the total number of pupils in the preceding schoolyear in all counties served by the regional facility and multiplied by thenumber of pupils in the preceding school year in the assessed county.

(b) For each year subsequent to the second year ofoperation of the regional facility, unless the counties served by the regionalfacility enter into an interlocal agreement to the contrary, the total of:

(1) The total amount budgeted for the operationof the regional facility by the governing body of the county or other entityresponsible for the operation of the regional facility, minus any moneyreceived from the State of Nevada to pay for fees for a child referred to theregional facility by the State of Nevada, divided by the total number of pupilsin the preceding school year in all counties served by the regional facility,multiplied by the number of pupils in the preceding school year in the assessedcounty and multiplied by one-fourth; and

(2) The total amount budgeted for the operationof the regional facility by the governing body of the county or other entityresponsible for the operation of the regional facility, minus any moneyreceived from the State of Nevada to pay for fees for a child referred to theregional facility by the State of Nevada, divided by the total number of pupilswho were served by the regional facility in the preceding school year from allcounties served by the regional facility, multiplied by the number of pupilswho were served by the regional facility in the preceding school year from theassessed county and multiplied by three-fourths.

3. Each county shall pay the assessment requiredpursuant to subsection 1 to the treasurer of the county if the regionalfacility is operated by a county or to the administrative entity responsiblefor the operation of the regional facility in quarterly installments that aredue on the first day of the first month of each calendar quarter. The moneymust be accounted for separately and may only be withdrawn by the administratorof the regional facility.

4. The board of county commissioners of each county maypay the assessment from revenue raised by a tax levied pursuant to NRS 354.59818, any other available money,or a combination thereof.

5. The provisions of this section do not apply to acounty whose population is 400,000 or more.

6. As used in this section, regional facility for thedetention of children or regional facility does not include the institutionin Douglas County known as China Spring Youth Camp.

(Added to NRS by 2003, 1085)

Facilities for the Detention of Children

NRS 62B.200 Powersand duties of counties to provide facilities for detention of children andalternative programs.

1. The board of county commissioners:

(a) In a county whose population is 50,000 or more,shall provide a facility for the detention of children.

(b) In all other counties, may provide a facility forthe detention of children.

2. The boards of county commissioners of two or morecounties, without regard to the population of the counties, may provide acombined facility for the detention of children under terms agreed upon by theboards of county commissioners and the juvenile courts of the affected judicialdistricts.

3. In addition to any facilities for the detention ofchildren, a board of county commissioners may establish or maintain programswhich provide alternatives to placing a child in a facility for the detentionof children.

(Added to NRS by 2003, 1084)

NRS 62B.210 Conductand location of facilities for detention of children.

1. Any facility for the detention of children:

(a) Must be constructed and conducted as nearly like ahome as possible;

(b) Must not be deemed to be or treated as a penalinstitution; and

(c) Except as otherwise provided in subsection 2, mustnot adjoin, be located on the same grounds as, or share common facilities orcommon grounds with a prison, an adult jail or an adult lockup.

2. If a facility for the detention of childrencomplies with the provisions of 28 C.F.R. 31.303 relating to collocatedfacilities, the facility for the detention of children may adjoin, be locatedon the same grounds as, or share common facilities or common grounds with anadult jail or an adult lockup.

(Added to NRS by 2003, 1084)

JURISDICTION

NRS 62B.300 Exerciseof jurisdiction by district courts; district courts termed juvenile courts forthat purpose. The district courts:

1. To the extent specified in this title, shall haveand exercise jurisdiction in all proceedings conducted pursuant to this title;and

2. When exercising jurisdiction pursuant to theprovisions of this title, shall be termed juvenile courts.

(Added to NRS by 2003, 1027)

NRS 62B.310 Exclusivejurisdiction; exceptions; powers of other courts.

1. If the juvenile court exercises jurisdiction over achild regarding any matter within the purview of this title, another court maynot exercise jurisdiction over the child regarding that matter, unless thejuvenile court:

(a) Certifies the child for proper criminal proceedingsas an adult pursuant to the provisions of this title; or

(b) Transfers the case to another court pursuant to theprovisions of this title.

2. The provisions of this title do not deprive anothercourt of the right to determine:

(a) The custody of the child upon a writ of habeascorpus; or

(b) The custody or guardianship of the child in a caseinvolving divorce or problems of domestic relations.

(Added to NRS by 2003, 1030)

NRS 62B.320 Childin need of supervision.

1. Except as otherwise provided in this title, thejuvenile court has exclusive original jurisdiction in proceedings concerningany child living or found within the county who is alleged or adjudicated to bein need of supervision because the child:

(a) Is subject to compulsory school attendance and is ahabitual truant from school;

(b) Habitually disobeys the reasonable and lawfuldemands of the parent or guardian of the child and is unmanageable; or

(c) Deserts, abandons or runs away from the home orusual place of abode of the child and is in need of care or rehabilitation.

2. A child who is subject to the jurisdiction of thejuvenile court pursuant to this section must not be considered a delinquentchild.

(Added to NRS by 2003, 1028)

NRS 62B.330 Childalleged or adjudicated to have committed delinquent act; acts deemed not to bedelinquent.

1. Except as otherwise provided in this title, thejuvenile court has exclusive original jurisdiction over a child living or foundwithin the county who is alleged or adjudicated to have committed a delinquentact.

2. For the purposes of this section, a child commits adelinquent act if the child:

(a) Violates a county or municipal ordinance;

(b) Violates any rule or regulation having the force oflaw; or

(c) Commits an act designated a criminal offensepursuant to the laws of the State of Nevada.

3. For the purposes of this section, each of thefollowing acts shall be deemed not to be a delinquent act, and the juvenilecourt does not have jurisdiction over a person who is charged with committingsuch an act:

(a) Murder or attempted murder and any other relatedoffense arising out of the same facts as the murder or attempted murder,regardless of the nature of the related offense.

(b) Sexual assault or attempted sexual assaultinvolving the use or threatened use of force or violence against the victim andany other related offense arising out of the same facts as the sexual assaultor attempted sexual assault, regardless of the nature of the related offense,if:

(1) The person was 16 years of age or older whenthe sexual assault or attempted sexual assault was committed; and

(2) Before the sexual assault or attemptedsexual assault was committed, the person previously had been adjudicateddelinquent for an act that would have been a felony if committed by an adult.

(c) An offense or attempted offense involving the useor threatened use of a firearm and any other related offense arising out of thesame facts as the offense or attempted offense involving the use or threateneduse of a firearm, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older whenthe offense or attempted offense involving the use or threatened use of afirearm was committed; and

(2) Before the offense or attempted offenseinvolving the use or threatened use of a firearm was committed, the personpreviously had been adjudicated delinquent for an act that would have been afelony if committed by an adult.

(d) A felony resulting in death or substantial bodilyharm to the victim and any other related offense arising out of the same factsas the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property ofa public or private school when pupils or employees of the school were presentor may have been present, at an activity sponsored by a public or privateschool or on a school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great riskof death or substantial bodily harm to more than one person by means of aweapon, device or course of action that would normally be hazardous to thelives of more than one person.

(e) Any other offense if, before the offense wascommitted, the person previously had been convicted of a criminal offense.

(Added to NRS by 2003, 1029)

NRS 62B.340 Childwho is on probation or who violates condition of parole. The juvenile court has exclusive original jurisdictionover any child who is:

1. On probation; or

2. Released on parole from a state facility for thedetention of children and who violates any condition of the childs parole.

(Added to NRS by 2003, 1029)

NRS 62B.350 Adults;stepparents; rights and remedies of adults subject to jurisdiction.

1. The juvenile court has jurisdiction over adults tothe extent that such jurisdiction is incidental and necessary to itsjurisdiction over children.

2. A stepparent of a child is subject to the samecourt orders as a natural parent or adoptive parent of the child.

3. An adult who is subject to the jurisdiction of thejuvenile court:

(a) Is subject to the provisions of NRS 62E.040; and

(b) Has available to him all the rights, remedies andwrits guaranteed by the Constitution of the United States and the Constitutionand the laws of this State to a defendant who is charged with having committeda criminal offense in this State.

(Added to NRS by 2003, 1032)

NRS 62B.360 Nojurisdiction over child subject to exclusive jurisdiction of Indian tribe. The juvenile court does not have jurisdiction over a childwho is subject to the exclusive jurisdiction of an Indian tribe.

(Added to NRS by 2003, 1028)

NRS 62B.370 Whencourt must transfer case to juvenile court.

1. Except as otherwise provided in this title, a courtshall transfer a case and record to the juvenile court if, during the pendencyof a proceeding involving a criminal offense, it is ascertained that the personwho is charged with the offense was less than 18 years of age when the personallegedly committed the offense.

2. A court shall not transfer a case and record to thejuvenile court if the proceeding involves a criminal offense excluded from theoriginal jurisdiction of the juvenile court pursuant to NRS 62B.330.

3. A court making a transfer pursuant to this sectionshall:

(a) Order the child to be taken immediately to theplace of detention designated by the juvenile court;

(b) Order the child to be taken immediately to appearbefore the juvenile court; or

(c) Release the child to the custody of a suitableperson and order the child to be brought before the juvenile court at a timedesignated by the juvenile court.

(Added to NRS by 2003, 1030)

NRS 62B.380 Transferof cases involving minor traffic offenses to other courts.

1. If a child is charged with a minor traffic offense,the juvenile court may transfer the case and record to a Justice Court ormunicipal court if the juvenile court determines that the transfer is in thebest interests of the child.

2. If a case is transferred pursuant to this section:

(a) The restrictions set forth in NRS 62C.030 are applicable in thoseproceedings; and

(b) A parent or guardian must accompany the child atall proceedings.

3. If the juvenile court transfers a case and recordto a Justice Court or municipal court pursuant to this section, the JusticeCourt or municipal court may transfer the case and record back to the juvenilecourt with the consent of the juvenile court.

(Added to NRS by 2003, 1030)

NRS 62B.390 Certificationof child for criminal proceedings as adult.

1. Except as otherwise provided in subsection 2 and NRS 62B.400, upon a motion by thedistrict attorney and after a full investigation, the juvenile court may certifya child for proper criminal proceedings as an adult to any court that wouldhave jurisdiction to try the offense if committed by an adult, if the child:

(a) Is charged with an offense that would have been afelony if committed by an adult; and

(b) Was 14 years of age or older at the time the childallegedly committed the offense.

2. Except as otherwise provided in subsection 3, upona motion by the district attorney and after a full investigation, the juvenilecourt shall certify a child for proper criminal proceedings as an adult to anycourt that would have jurisdiction to try the offense if committed by an adult,if the child:

(a) Is charged with:

(1) A sexual assault involving the use orthreatened use of force or violence against the victim; or

(2) An offense or attempted offense involvingthe use or threatened use of a firearm; and

(b) Was 14 years of age or older at the time the childallegedly committed the offense.

3. The juvenile court shall not certify a child forcriminal proceedings as an adult pursuant to subsection 2 if the juvenile courtspecifically finds by clear and convincing evidence that:

(a) The child is developmentally or mentallyincompetent to understand his situation and the proceedings of the court or toaid his attorney in those proceedings; or

(b) The actions of the child were substantially theresult of the substance abuse or emotional or behavioral problems of the childand the substance abuse or emotional or behavioral problems may beappropriately treated through the jurisdiction of the juvenile court.

4. If a child is certified for criminal proceedings asan adult pursuant to subsection 1 or 2, the juvenile court shall also certifythe child for criminal proceedings as an adult for any other related offensearising out of the same facts as the offense for which the child was certified,regardless of the nature of the related offense.

5. If a child has been certified for criminalproceedings as an adult pursuant to subsection 1 or 2 and the childs case hasbeen transferred out of the juvenile court:

(a) The court to which the case has been transferredhas original jurisdiction over the child;

(b) The child may petition for transfer of the caseback to the juvenile court only upon a showing of exceptional circumstances;and

(c) If the childs case is transferred back to thejuvenile court, the juvenile court shall determine whether the exceptionalcircumstances warrant accepting jurisdiction.

(Added to NRS by 2003, 1030; A 2003, 1511)

NRS 62B.400 Childwho escapes or attempts escape from facility for detention of juveniles deemedescaped prisoner; when court may certify such child for criminal proceedings;when deemed delinquent act.

1. A child shall be deemed to be a prisoner who hasescaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be broughtagainst the child pursuant to the provisions of this section, if the child:

(a) Is committed to or otherwise is placed in a publicor private facility for the detention or correctional care of children,including, but not limited to, all state, regional and local facilities for thedetention of children; and

(b) Escapes or attempts to escape from such a facility.

2. Upon a motion by the district attorney and after afull investigation, the juvenile court may certify the child for criminalproceedings as an adult pursuant to subsection 1 of NRS 62B.390 if the child was 14 years ofage or older at the time of the escape or attempted escape and:

(a) The child was committed to or placed in thefacility from which the child escaped or attempted to escape because the childhad been charged with or had been adjudicated delinquent for an unlawful actthat would have been a felony if committed by an adult; or

(b) The child or another person aiding the child used adangerous weapon to facilitate the escape or attempted escape.

3. If the child is certified for criminal proceedingsas an adult pursuant to subsection 2, the juvenile court shall also certify thechild for criminal proceedings as an adult for any other related offensearising out of the same facts as the escape or attempted escape, regardless ofthe nature of the related offense.

4. If the child is not certified for criminalproceedings as an adult pursuant to subsection 2 or otherwise is not subject tothe provisions of subsection 2, the escape or attempted escape shall be deemedto be a delinquent act, and proceedings may be brought against the childpursuant to the provisions of this title.

(Added to NRS by 2003, 1031)

NRS 62B.410 Terminationand retention of jurisdiction. Except as otherwiseprovided in NRS 62F.110 and 62F.220, if a child is subject to thejurisdiction of the juvenile court, the juvenile court:

1. May terminate its jurisdiction concerning the childat any time, either on its own volition or for good cause shown; or

2. May retain jurisdiction over the child until the childreaches 21 years of age.

(Added to NRS by 2003, 1030)

 

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