2005 Nevada Revised Statutes - Chapter 62C — Procedure Before Adjudication
CHAPTER 62C - PROCEDURE BEFOREADJUDICATION
INITIAL CUSTODY AND DETENTION
NRS 62C.010 Groundsfor taking child into custody; notification of parent or guardian of child andprobation officer; release or further detention of child.
NRS 62C.020 Conditionsand limitations on releasing child who is detained for committing certain actsinvolving domestic violence.
NRS 62C.030 Conditionsand limitations on detaining child in certain facilities; temporary placementof child excluded from jurisdiction of juvenile court.
NRS 62C.035 Screeningrequired for child detained in facility for detention of children; time andmethod for conducting screening.
NRS 62C.040 Detentionhearing required for child alleged to be delinquent within certain period;written consent of juvenile court required for release after such hearing.
NRS 62C.050 Releaseof child alleged to be in need of supervision required within certain period;exceptions.
NRS 62C.060 Custodyand detention of child alleged to have committed offense involving firearm;conditions and limitations on release of child; evaluation of child byqualified professional; immunity for statements made during evaluation.
NRS 62C.070 Citationfor traffic offense.
COMPLAINT AND PETITION
NRS 62C.100 Referralof complaint to probation officer; preliminary inquiry and recommendation byprobation officer; powers and duties of district attorney concerning approvaland filing of petition; release of child if petition not approved or timelyfiled.
NRS 62C.110 Petition:Signature; verification; contents.
NRS 62C.120 Petitionalleging that child committed certain sexual or violent acts: District attorneyrequired to provide certain documentation to victim.
INFORMAL SUPERVISION; SUPERVISION AND CONSENT DECREE
NRS 62C.200 Informalsupervision by probation officer: Conditions for placement; written agreement;duration; effect on filing petition.
NRS 62C.210 Informalsupervision by probation officer: Agreement may require community service,restitution and completion of program of cognitive training and humandevelopment.
NRS 62C.220 Reportby probation officer concerning cases involving informal supervision.
NRS 62C.230 Courtreferral for informal supervision or court supervision pursuant to supervisionand consent decree; effect of successful completion of supervision and consentdecree.
SUMMONS AND EXTRADITION
NRS 62C.300 Summons:Persons to whom issued; contents; not required with voluntary appearance.
NRS 62C.310 Serviceof summons.
NRS 62C.320 Whenwrit of attachment of person may issue; penalty for violation.
NRS 62C.330 Extraditionof child.
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INITIAL CUSTODY AND DETENTION
NRS
1. A peace officer or probation officer may take intocustody any child:
(a) Who the officer has probable cause to believe isviolating or has violated any state or local law, ordinance, or rule orregulation having the force of law; or
(b) Whose conduct indicates that the child is in needof supervision.
2. If a child is taken into custody:
(a) The officer shall, without undue delay, attempt tonotify, if known, the parent or guardian of the child;
(b) The facility in which the child is detained shall,without undue delay:
(1) Notify a probation officer; and
(2) Attempt to notify, if known, the parent orguardian of the child if such notification was not accomplished pursuant toparagraph (a); and
(c) Unless it is impracticable or inadvisable or hasbeen otherwise ordered by the juvenile court, the child must be released to thecustody of a parent or guardian or another responsible adult who has signed awritten agreement to bring the child before the juvenile court at a time statedin the agreement or as the juvenile court may direct. The written agreementmust be submitted to the juvenile court as soon as possible. If the personfails to produce the child at the time stated in the agreement or upon asummons from the juvenile court, a writ may be issued for the attachment of theperson or of the child requiring that the person or child, or both, be broughtbefore the juvenile court at a time stated in the writ.
3. If a child who is taken into custody is not releasedpursuant to subsection 2:
(a) The child must be taken without unnecessary delayto:
(1) The juvenile court; or
(2) The place of detention designated by thejuvenile court and, as soon as possible thereafter, the fact of detention mustbe reported to the juvenile court; and
(b) Pending further disposition of the case, thejuvenile court may order that the child be:
(1) Released to the custody of a parent orguardian or another person appointed by the juvenile court;
(2) Detained in a place designated by thejuvenile court, subject to further order of the juvenile court; or
(3) Conditionally released for superviseddetention at the home of the child in lieu of detention at a facility for thedetention of children. The supervised detention at the home of the child mayinclude electronic surveillance of the child.
4. In determining whether to release a child pursuantto this section to a person other than a parent or guardian, the juvenile courtshall give preference to any person who is related to the child within thethird degree of consanguinity if the juvenile court finds that the person issuitable and able to provide proper care and guidance for the child.
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1. A child must not be released from custody soonerthan 12 hours after the child is taken into custody if the child is taken intocustody for committing a battery that constitutes domestic violence pursuant toNRS 33.018.
2. A child must not be released from custody soonerthan 12 hours after the child is taken into custody if:
(a) The child is taken into custody for violating atemporary or extended order for protection against domestic violence issuedpursuant to NRS 33.017 to
(b) The peace officer or probation officer who hastaken the child into custody determines that such a violation is accompanied bya direct or indirect threat of harm.
3. For the purposes of this section, an order orinjunction is in the nature of a temporary or extended order for protectionagainst domestic violence if it grants relief that might be given in atemporary or extended order issued pursuant to
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1. If a child is not alleged to be delinquent or inneed of supervision, the child must not, at any time, be confined or detainedin:
(a) A facility for the secure detention of children; or
(b) Any police station, lockup, jail, prison or otherfacility in which adults are detained or confined.
2. If a child is alleged to be delinquent or in need ofsupervision, the child must not, before disposition of the case, be detained ina facility for the secure detention of children unless there is probable causeto believe that:
(a) If the child is not detained, the child is likelyto commit an offense dangerous to himself or to the community, or likely tocommit damage to property;
(b) The child will run away or be taken away so as tobe unavailable for proceedings of the juvenile court or to its officers;
(c) The child was taken into custody and brought beforea probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
3. If a child is less than 18 years of age, the childmust not, at any time, be confined or detained in any police station, lockup,jail, prison or other facility where the child has regular contact with anyadult who is confined or detained in the facility and who has been convicted ofa criminal offense or charged with a criminal offense, unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from anyadults who are confined or detained in the facility.
4. During the pendency of a proceeding involving acriminal offense excluded from the original jurisdiction of the juvenile courtpursuant to NRS 62B.330, a child maypetition the juvenile court for temporary placement in a facility for thedetention of children.
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1. Each child who is taken into custody by a peaceofficer or probation officer and detained in a local facility for the detentionof children or a regional facility for the detention of children while awaitinga detention hearing pursuant to NRS62C.040 or 62C.050 must bescreened to determine whether the child is in need of mental health services oris an abuser of alcohol or drugs.
2. The facility in which the child is detained shallcause the screening required pursuant to subsection 1 to be conducted as soonas practicable after the child has been detained in the facility.
3. The method for conducting the screening requiredpursuant to subsection 1 must satisfy the requirements of
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1. If a child who is alleged to be delinquent is takeninto custody and detained, the child must be given a detention hearing beforethe juvenile court:
(a) Not later than 24 hours after the child submits awritten application;
(b) In a county whose population is less than 100,000,not later than 24 hours after the commencement of detention at a policestation, lockup, jail, prison or other facility in which adults are detained orconfined;
(c) In a county whose population is 100,000 or more,not later than 6 hours after the commencement of detention at a police station,lockup, jail, prison or other facility in which adults are detained orconfined; or
(d) Not later than 72 hours after the commencement ofdetention at a facility in which adults are not detained or confined,
whicheveroccurs first, excluding Saturdays, Sundays and holidays.
2. A child must not be released after a detentionhearing without the written consent of the juvenile court.
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1. Except as otherwise provided in this section, if achild who is alleged to be in need of supervision is taken into custody anddetained, the child must be released not later than 24 hours, excludingSaturdays, Sundays and holidays, after the childs initial contact with a peaceofficer or probation officer to:
(a) A parent or guardian of the child;
(b) Any other person who is able to provide adequatecare and supervision for the child; or
(c) Shelter care.
2. A child does not have to be released pursuant tosubsection 1 if the juvenile court:
(a) Holds a detention hearing;
(b) Determines that the child:
(1) Has threatened to run away from home or fromthe shelter;
(2) Is accused of violent behavior at home; or
(3) Is accused of violating the terms of asupervision and consent decree; and
(c) Determines that the child needs to be detained tomake an alternative placement for the child.
The childmay be detained for an additional 24 hours but not more than 48 hours after thedetention hearing, excluding Saturdays, Sundays and holidays.
3. A child does not have to be released pursuant tothis section if the juvenile court:
(a) Holds a detention hearing; and
(b) Determines that the child:
(1) Is a ward of a federal court or heldpursuant to a federal statute;
(2) Has run away from another state and ajurisdiction within that state has issued a want, warrant or request for thechild; or
(3) Is accused of violating a valid court order.
The childmay be detained for an additional period as necessary for the juvenile court toreturn the child to the jurisdiction from which the child originated or to makean alternative placement for the child.
4. For the purposes of this section, an alternativeplacement must be in a facility in which there are no physical restrainingdevices or barriers.
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1. If a peace officer or probation officer hasprobable cause to believe that a child is committing or has committed anunlawful act that involves the possession, use or threatened use of a firearm,the officer shall take the child into custody.
2. If a child is taken into custody for an unlawfulact described in this section, the child must not be released before adetention hearing is held pursuant to NRS62C.040.
3. At the detention hearing, the juvenile court shalldetermine whether to order the child to be evaluated by a qualifiedprofessional.
4. If the juvenile court orders the child to beevaluated by a qualified professional, the evaluation must be completed notlater than 14 days after the detention hearing. Until the evaluation iscompleted, the child must be:
(a) Detained at a facility for the detention ofchildren; or
(b) Placed under a program of supervision in the homeof the child that may include electronic surveillance of the child.
5. If a child is evaluated by a qualified professionalpursuant to this section, the statements made by the child to the qualifiedprofessional during the evaluation and any evidence directly or indirectlyderived from those statements may not be used for any purpose in a proceedingwhich is conducted to prove that the child committed a delinquent act orcriminal offense. The provisions of this subsection do not prohibit thedistrict attorney from proving that the child committed a delinquent act orcriminal offense based upon evidence obtained from sources or by means that areindependent of the statements made by the child to the qualified professionalduring the evaluation.
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1. If a child is stopped by a peace officer for aviolation of any traffic law or ordinance which is punishable as a misdemeanor,the peace officer may prepare and issue a traffic citation pursuant to the samecriteria as would apply to an adult violator.
2. If a child who is issued a traffic citationexecutes a written promise to appear in court by signing the citation, theofficer:
(a) Shall deliver a copy of the citation to the child;and
(b) Shall not take the child into physical custody forthe violation.
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COMPLAINT AND PETITION
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1. When a complaint is made alleging that a child isdelinquent or in need of supervision:
(a) The complaint must be referred to a probationofficer of the appropriate county; and
(b) The probation officer shall conduct a preliminaryinquiry to determine whether the best interests of the child or of the public:
(1) Require that a petition be filed; or
(2) Would better be served by placing the childunder informal supervision pursuant to NRS62C.200.
2. If, after conducting the preliminary inquiry, theprobation officer recommends the filing of a petition, the district attorneyshall determine whether to file the petition.
3. If, after conducting the preliminary inquiry, theprobation officer does not recommend the filing of a petition or that the childbe placed under informal supervision, the probation officer must notify thecomplainant regarding the complainants right to seek a review of the complaintby the district attorney.
4. If the complainant seeks a review of the complaintby the district attorney, the district attorney shall:
(a) Review the facts presented by the complainant;
(b) Consult with the probation officer; and
(c) File the petition with the juvenile court if thedistrict attorney believes that the filing of the petition is necessary toprotect the interests of the child or of the public.
5. The determination of the district attorneyconcerning whether to file the petition is final.
6. Except as otherwise provided in
(a) Approved by the district attorney; or
(b) Filed within 8 days after the date the complaintwas referred to the probation officer.
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1. Before a petition alleging delinquency or need ofsupervision or a petition for revocation may be filed with the juvenile court,the district attorney must prepare and sign the petition. The district attorneyshall represent the petitioner in all proceedings.
2. The petition must be:
(a) Entitled, In the Matter of ................, achild; and
(b) Verified by the person who signs it.
3. The petition must set forth specifically:
(a) The facts which bring the child within thejurisdiction of the juvenile court and the date when delinquency occurred orneed of supervision arose.
(b) The name, date of birth and address of theresidence of the child.
(c) The name and address of the residence of the parentor guardian of the child. If the parent or guardian of the child does notreside or cannot be found within this State, or if the address of the parent orguardian is unknown:
(1) The name of any known adult relativeresiding within this State; or
(2) If no known adult relative resides withinthis State, the known adult relative residing nearest to the juvenile court.
(d) The name and address of the spouse of the child, ifany.
(e) Whether the child is in custody and, if so, theplace of detention and the time the child was taken into custody.
4. If any of the facts required by subsection 3 arenot known, the petition must so state.
5. In addition to the information required pursuant tothis section, a petition alleging that a child is in need of supervision mustcontain the following information regarding efforts made to modify the behaviorof the child:
(a) A list of the local programs to which the child wasreferred; and
(b) Other efforts taken in the community.
Theprovisions of this subsection do not apply to a child who is alleged to be inneed of supervision because the child is a habitual truant.
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1. If a petition filed pursuant to the provisions ofthis title contains allegations that a child committed an unlawful act whichwould have been a sexual offense if committed by an adult or which involved theuse or threatened use of force or violence against the victim, the districtattorney shall provide to the victim and, if the victim is less than 18 yearsof age, to the parent or guardian of the victim, as soon as practicable afterthe petition is filed, documentation that includes:
(a) A form advising the victim and the parent orguardian of the victim of their rights pursuant to the provisions of thistitle; and
(b) The form or procedure that must be used to requestdisclosure pursuant to NRS 62D.440.
2. As used in this section, sexual offense means:
(a) Sexual assault pursuant to
(b) Battery with intent to commit sexual assaultpursuant to NRS 200.400;
(c) An offense involving pornography and a minorpursuant to NRS 200.710 to
(d) Open or gross lewdness pursuant to
(e) Indecent or obscene exposure pursuant to
(f) Lewdness with a child pursuant to
(g) Sexual penetration of a dead human body pursuant toNRS 201.450;
(h) Luring a child or mentally ill person pursuant to
(i) An attempt to commit an offense listed in thissubsection.
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INFORMAL SUPERVISION; SUPERVISION AND CONSENT DECREE
NRS
1. When a complaint is made alleging that a child isdelinquent or in need of supervision, the child may be placed under theinformal supervision of a probation officer if:
(a) The child voluntarily admits participation in theacts alleged in the complaint; and
(b) The district attorney gives written approval forplacement of the child under informal supervision, if any of the acts allegedin the complaint are unlawful acts that would have constituted a grossmisdemeanor or felony if committed by an adult.
2. If the probation officer recommends placing thechild under informal supervision, the probation officer must advise the childand the parent or guardian of the child that they may refuse informalsupervision.
3. The child must enter into an agreement for informalsupervision voluntarily and intelligently:
(a) With the advice of the attorney for the child; or
(b) If the child is not represented by an attorney,with the consent of the parent or guardian of the child.
4. If the child is placed under informal supervision:
(a) The terms and conditions of the agreement forinformal supervision must be stated clearly in writing. The terms andconditions of the agreement may include, but are not limited to, therequirements set forth in NRS 62C.210.
(b) The agreement must be signed by all parties.
(c) A copy of the agreement must be given to:
(1) The child;
(2) The parent or guardian of the child;
(3) The attorney for the child, if any; and
(4) The probation officer, who shall retain acopy in his file for the case.
5. The period of informal supervision must not exceed180 days. The child and the parent or guardian of the child may terminate theagreement at any time by requesting the filing of a petition for formaladjudication.
6. The district attorney may not file a petitionagainst the child based on any acts for which the child was placed underinformal supervision unless the district attorney files the petition not laterthan 180 days after the date the child entered into the agreement for informalsupervision. If the district attorney files a petition against the child withinthat period, the child may withdraw the admission that the child made pursuantto subsection 1.
7. If the child successfully completes the terms andconditions of the agreement for informal supervision, the juvenile court maydismiss any petition filed against the child that is based on any acts forwhich the child was placed under informal supervision.
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1. An agreement for informal supervision may requirethe child to:
(a) Perform community service or provide restitution toany victim of the acts for which the child was referred to the probationofficer;
(b) Participate in a program of restitution throughwork that is established pursuant to NRS62E.580 if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within thepurview of this title for an unlawful act that involved the use or threateneduse of force or violence against a victim and has never been found to havecommitted such an unlawful act in any other jurisdiction, unless the probationofficer determines that the child would benefit from the program;
(3) Is required to provide restitution to avictim; and
(4) Voluntarily agrees to participate in theprogram of restitution through work.
(c) Complete a program of cognitive training and humandevelopment pursuant to NRS 62E.220if:
(1) The child has never been found to be withinthe purview of this title; and
(2) The unlawful act for which the child isfound to be within the purview of this title did not involve the use orthreatened use of force or violence against a victim; or
(d) Engage in any combination of the activities setforth in this subsection.
2. If the agreement for informal supervision requiresthe child to participate in a program of restitution through work or complete aprogram of cognitive training and human development, the agreement may alsorequire any or all of the following, in the following order of priority ifpracticable:
(a) The child or the parent or guardian of the child,or both, to the extent of their financial ability, to pay the costs associatedwith the participation of the child in the program, including, but not limitedto:
(1) A reasonable sum of money to pay for thecost of policies of insurance against liability for personal injury and damageto property during those periods in which the child participates in the programor performs work; and
(2) In the case of a program of restitutionthrough work, for industrial insurance, unless the industrial insurance isprovided by the employer for which the child performs the work; or
(b) The child to work on projects or perform communityservice for a period that reflects the costs associated with the participationof the child in the program.
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1. The number of children placed under informalsupervision during the previous year;
2. The conditions imposed in each case; and
3. The number of cases that were successfullycompleted without the filing of a petition.
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1. If the district attorney files a petition with thejuvenile court, the juvenile court may:
(a) Dismiss the petition without prejudice and referthe child to the probation officer for informal supervision pursuant to
(b) Place the child under the supervision of thejuvenile court pursuant to a supervision and consent decree, without a formaladjudication of delinquency, if the juvenile court receives:
(1) The recommendation of the probation officer;
(2) The written approval of the districtattorney; and
(3) The written consent and approval of thechild and the parent or guardian of the child.
2. If a child is placed under the supervision of thejuvenile court pursuant to a supervision and consent decree, the juvenile courtmay dismiss the petition if the child successfully completes the terms andconditions of the supervision and consent decree.
3. If the petition is dismissed pursuant to subsection2:
(a) The child may respond to any inquiry concerning theproceedings and events which brought about the proceedings as if they had notoccurred; and
(b) The records concerning a supervision and consentdecree may be considered in a subsequent proceeding before the juvenile courtregarding that child.
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SUMMONS AND EXTRADITION
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1. After a petition has been filed and after suchfurther investigation as the juvenile court may direct, the juvenile courtshall direct the clerk of the court to issue a summons that:
(a) Requires the person who has care and custody of thechild to:
(1) Appear personally; and
(2) Bring the child before the juvenile court atthe time and place stated in the summons;
(b) Informs the person who has care and custody of thechild of the childs right to be represented by an attorney at the initialhearing, as provided in NRS 62D.030;and
(c) Has a copy of the petition attached.
2. If the person summoned pursuant to subsection 1 isnot the parent or guardian of the child, the clerk of the court must notify theparent or guardian by a similar summons of:
(a) The pendency of the case; and
(b) The time and place for the proceeding involving thechild.
3. The juvenile court may direct the clerk of thecourt to issue a summons requiring the appearance of any other person whosepresence at the proceeding is necessary, as determined by the juvenile court.
4. The clerk of the court is not required to issue asummons if the person to be summoned voluntarily appears.
5. If, based on the condition or surroundings of thechild, the juvenile court determines that it is in the best interests of thechild or the public to require the appropriate agency of the judicial districtor the Division of Child and Family Services to assume care and custody of thechild, the juvenile court may order, by endorsement upon the summons, that theperson serving the summons deliver the child to a probation officer forplacement with a suitable person or in an appropriate facility where the childmust remain until further order of the juvenile court.
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1. Except as otherwise provided in this section, asummons must be served personally by the delivery of a true copy to the personsummoned.
2. If the juvenile court determines that it isimpracticable to serve a summons personally, the juvenile court may order thesummons to be served by:
(a) Registered mail or certified mail addressed to thelast known address; or
(b) Publication,
or both.
3. The service of a summons is sufficient to conferjurisdiction if the summons is served at least 48 hours before the time fixedin the summons for its return.
4. Any person over 18 years of age may serve anysummons, process or notice required by the provisions of this title.
5. The county shall pay all necessary expenses for theservice of any summons, process or notice required by the provisions of thistitle.
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1. The juvenile court may issue a writ for theattachment of a child or the parent or guardian of the child, or both, andcommand a probation officer or peace officer to bring before the juvenilecourt, at the time and place stated, the person or persons named in the writif:
(a) A summons cannot be served;
(b) The person or persons served fail to obey thesummons; or
(c) The juvenile court determines that:
(1) The service will be ineffectual; or
(2) The welfare of the child requires that thechild be brought immediately into the custody of the juvenile court.
2. A person who violates a writ or any order of thejuvenile court issued pursuant to this section may be punished for contempt.
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1. If a child commits a criminal offense in this Stateand the child flees to another state, the Governor shall request extradition ofthe child from the other state to this State according to the other statesprocedure for the extradition of adults.
2. If a child commits a criminal offense in anotherstate and the child flees to this State, the child may be extradited to theother state in accordance with the provisions of
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