1. If a child is adjudicated delinquent for an unlawful act that,
if committed by an adult, would have constituted kidnapping in the first
or second degree, false imprisonment, burglary or invasion of the home,
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 the question of
whether the unlawful act was sexually motivated may be presented.
3. After hearing the evidence, the juvenile court shall determine
whether the unlawful act was sexually motivated and shall enter its
finding in the record.
4. For the purposes of this section, an unlawful act is “sexually
motivated” if one of the purposes for which the child committed the
unlawful act was his sexual gratification.
(Added to NRS by 2003, 1077 )
[Effective through June 30, 2006, or until enactment of the
Interstate Compact for Juveniles into law by the 35th jurisdiction,
whichever is later.] If a child is adjudicated delinquent in another
state for an act that, if committed by an adult, would be a sexual
offense pursuant to the laws of the other state, the other state may send
the child to this State to receive care, treatment or rehabilitation in
any residential, group or institutional program only if the program in
this State ensures that the other state has requested through the
Interstate Compact on Juveniles pursuant to chapter 62I of NRS or the Interstate Compact on the Placement
of Children pursuant to NRS 127.320 to
127.350 , inclusive, that courtesy
supervision be provided for the child during the period that the child is
in this State for care, treatment or rehabilitation.
(Added to NRS by 2003, 429 )
[Effective July 1, 2006, or upon enactment of the Interstate
Compact for Juveniles into law by the 35th jurisdiction, whichever is
later.] If a child is adjudicated delinquent in another state for an act
that, if committed by an adult, would be a sexual offense pursuant to the
laws of the other state, the other state may send the child to this State
to receive care, treatment or rehabilitation in any residential, group or
institutional program only if the program in this State ensures that the
other state has requested through the Interstate Compact for Juveniles
pursuant to chapter 62I of NRS or the
Interstate Compact on the Placement of Children pursuant to NRS 127.320
to 127.350 , inclusive, that courtesy supervision be
provided for the child during the period that the child is in this State
for care, treatment or rehabilitation.
(Added to NRS by 2003, 429 ; A 2005, 413 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
RESTRICTIONS CONCERNING ATTENDANCE IN SCHOOL
As used in NRS 62F.100
to 62F.150 , inclusive, unless the context otherwise
requires, “sexual offense” means:
1. Sexual assault pursuant to NRS 200.366 ;
2. Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
3. An offense involving pornography and a minor pursuant 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 to NRS 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 this section, if
punishable as a felony.
(Added to NRS by 2003, 1077 ; A 2003, 1380 )
1. In addition to any other action authorized or required pursuant
to the provisions of this title and except as otherwise provided in NRS
62F.150 , if a child is adjudicated
delinquent for an unlawful act that would have been a sexual offense if
committed by an adult or is adjudicated delinquent for a sexually
motivated act, the juvenile court shall:
(a) Place the child under the supervision of a probation officer or
parole officer, as appropriate, for a period of not less than 3 years.
(b) Except as otherwise provided in NRS 62F.130 and 62F.140 , prohibit the child from attending a public
school or private school that a victim of the sexual offense or the
sexually motivated act is attending for the period ordered by the
juvenile court pursuant to paragraph (a).
(c) Order the parent or guardian of the child to inform the
probation officer or parole officer, as appropriate, assigned to the
child each time the child expects to change the public school or private
school that the child is attending, not later than 20 days before the
expected date of the change.
(d) Order the parent or guardian of the child, to the extent of his
financial ability, to reimburse all or part of the additional costs of
transporting the child, if the costs are incurred by a county school
district pursuant to NRS 392.251 to 392.271 , inclusive.
(e) Inform the parent or guardian of the child of the requirements
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 superintendent of a county
school district or the executive head of a private school who receives
notification from a probation officer or parole officer, as appropriate,
pursuant to NRS 62F.120 to inform
other appropriate educational personnel that the child has been
adjudicated delinquent for a sexual offense or a sexually motivated act.
3. Except as otherwise provided in NRS 62F.150 , the juvenile court may not terminate its
jurisdiction concerning the child for the purposes of carrying out the
provisions of NRS 62F.100 to 62F.150
, inclusive, for the period ordered by
the juvenile court pursuant to paragraph (a) of subsection 1.
(Added to NRS by 2003, 1077 )
1. If a child has been adjudicated delinquent for a sexual offense
or a sexually motivated act, the probation officer or parole officer, as
appropriate, assigned to the child shall provide notice that the child
has been adjudicated delinquent for a sexual offense or a sexually
motivated act to:
(a) The superintendent of the county school district in which the
child resides; or
(b) If the child is attending a private school within this state,
the executive head of the private school.
2. If the probation officer or parole officer, as appropriate,
assigned to the child is informed by the parent or guardian of the child
that the child expects to change the public school or private school that
the child is attending or if the probation officer or parole officer
otherwise becomes aware of such a change, the probation officer or parole
officer shall provide notification that the child has been adjudicated
delinquent for a sexual offense or a sexually motivated act to:
(a) The superintendent of the county school district in which the
child is or will be residing; or
(b) If the child is or will be attending a private school within
this state, the executive head of the private school.
3. Notification provided pursuant to this section must include the
name of each victim of a sexual offense or a sexually motivated act
committed by the child if the victim is attending a public school or
private school within this state.
(Added to NRS by 2003, 1078 )
1. The juvenile court may permit a child who has been adjudicated
delinquent for a sexual offense or a sexually motivated act to attend a
public school or private school that a victim of the sexual offense or
the sexually motivated act is attending if, upon the request of the
child, the superintendent of the county school district or the executive
head of the private school:
(a) The juvenile court develops and approves an alternative plan of
supervision for the child that protects the safety and the interests of
the victim;
(b) The victim and the parent or guardian of the victim consent, in
writing, to the plan;
(c) The superintendent of the county school district or the
executive head of the private school consents, in writing, to the plan;
and
(d) The child and the parent or guardian of the child agree, in
writing, to comply with the conditions of the plan.
2. As part of an alternative plan of supervision, the juvenile
court shall impose reasonable conditions on the child and, if necessary
to facilitate the alternative plan, on the parent or guardian of the
child. The conditions must be designed to protect the safety and the
interests of the victim and to ensure that the child complies with the
plan.
3. Upon its own motion or upon a request from the district
attorney, the victim, the parent or guardian of the victim or the
probation officer or parole officer, as appropriate, assigned to the
child, the juvenile court may modify or rescind the alternative plan of
supervision or a condition of the alternative plan after providing notice
and an opportunity to be heard to the child, the parent or guardian of
the child, the district attorney and the parties who consented to the
alternative plan. If a proposed modification is reasonably likely to
increase contact between the victim and the child, the juvenile court may
not make the modification without the written consent of the victim and
the parent or guardian of the victim. If the juvenile court rescinds the
alternative plan of supervision, the child is subject to the provisions
of NRS 62F.100 to 62F.150 , inclusive, as if the alternative plan had
not existed.
4. Before the juvenile court accepts the written consent of the
victim and the parent or guardian of the victim pursuant to this section,
the juvenile court shall inform them of their right to withhold consent
and, except as otherwise provided in NRS 62F.140 , their right to have the child not attend
the public school or private school the victim is attending.
(Added to NRS by 2003, 1079 )
1. If the juvenile court does not approve an alternative plan of
supervision pursuant to NRS 62F.130
for a child who has been adjudicated delinquent for a sexual offense or a
sexually motivated act, the superintendent of the county school district
or the executive head of the private school may request that the juvenile
court approve an alternative plan of attendance for the child.
2. An alternative plan of attendance:
(a) Must be designed to prevent contact between the victim and the
child during school hours and during extracurricular activities conducted
on school grounds; and
(b) Must not interfere with or alter the schedule of classes or 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 the
child, the parent or guardian of the child, the district attorney, the
victim and the parent or guardian of the victim.
4. If the juvenile court approves an alternative plan of
attendance, the district attorney, the victim or the parent or guardian
of the victim may petition the juvenile court to modify or rescind the
alternative plan on the basis that:
(a) The alternative plan is not protecting the safety or the
interests of the victim; or
(b) The child or the public school or private school is not
complying with the alternative plan.
5. Upon receiving a petition to modify or rescind an alternative
plan of attendance, the juvenile court may modify or rescind the
alternative plan after providing notice and an opportunity to be heard to
the child, the parent or guardian of the child, the district attorney,
the victim, the parent or guardian of the victim and the superintendent
of the county school district or the executive head of the private school.
6. If the juvenile court rescinds the alternative plan of
attendance, the child is subject to the provisions of NRS 62F.100 to 62F.150 , inclusive, as if the alternative plan had
not existed.
(Added to NRS by 2003, 1079 )
1. A probation officer or parole officer, as appropriate, assigned
to a child who is subject to the provisions of NRS 62F.100 to 62F.150 , inclusive, may submit a petition to the
juvenile court requesting that the court terminate the applicability of
the provisions of NRS 62F.100 to
62F.150 , inclusive, with respect to
the child if:
(a) At the time the child committed the sexual offense or the
sexually motivated act for which the child was adjudicated delinquent,
the child and the victim of the sexual offense or sexually motivated act
were members of the same family or household;
(b) The child has complied with the terms and conditions of his
probation or parole, including, but not limited to, the completion of any
counseling in which the child was ordered to participate;
(c) The child’s counselor recommends, in writing, that the juvenile
court terminate the applicability of the provisions of NRS 62F.100 to 62F.150 , inclusive, with respect to the child to
allow the reunification of the family or household; and
(d) The victim and the parent or guardian of the victim consent, in
writing, to the termination of the applicability of the provisions of NRS
62F.100 to 62F.150 , inclusive, with respect to the child to
allow the reunification of the family or household.
2. If the juvenile court grants a petition requested pursuant to
this section, the juvenile court shall provide written notice to the
public school or private school which the child is attending that the
juvenile court has terminated the applicability of the provisions of NRS
62F.100 to 62F.150 , inclusive, with respect to the child.
(Added to NRS by 2003, 1080 )
COMMUNITY NOTIFICATION
As used in NRS 62F.200
to 62F.260 , inclusive, unless the context otherwise
requires, “sexual offense” means:
1. Sexual assault pursuant to NRS 200.366 ;
2. Battery with intent to commit sexual assault pursuant to NRS
200.400 ;
3. An offense involving pornography and a minor pursuant 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 this section.
(Added to NRS by 2003, 1080 )
Except as otherwise
provided in subsection 2 of NRS 62F.260 , the provisions of NRS 62F.200 to 62F.260 , inclusive, do not apply to a child who is
subject to registration and community notification pursuant to NRS
179D.350 to 179D.800 , inclusive, before reaching 21 years of age.
(Added to NRS by 2003, 1081 )
1. In addition to any other action authorized or required pursuant
to the provisions of this title, if a child is adjudicated delinquent for
an unlawful act that would have been a sexual offense if committed by an
adult or is adjudicated delinquent for a sexually motivated act, the
juvenile court shall:
(a) Notify the Attorney General of the adjudication, so the
Attorney General may arrange for the assessment of the risk of recidivism
of the child pursuant to the guidelines and procedures for community
notification;
(b) Place the child under the supervision of a probation officer or
parole officer, as appropriate, for a period of not less than 3 years;
(c) Inform the child and the parent or guardian of the child that
the child is subject to community notification as a juvenile sex offender
and may be subject to registration and community notification as an adult
sex offender pursuant to NRS 62F.250 ;
and
(d) Order the child, and the parent or guardian of the child during
the minority of the child, while the child is subject to community
notification as a juvenile sex offender, to inform the probation officer
or parole officer, as appropriate, assigned to the child of a change of
the address at which the child resides not later than 48 hours after the
change of address.
2. The juvenile court may not terminate its jurisdiction
concerning the child for the purposes of carrying out the provisions of
NRS 62F.200 to 62F.260 , inclusive, until the child is no longer
subject to community notification as a juvenile sex offender pursuant to
NRS 62F.200 to 62F.260 , inclusive.
(Added to NRS by 2003, 1081 )
1. If a child has been adjudicated delinquent for a sexual offense
or a sexually motivated act, the probation officer or parole officer, as
appropriate, assigned to the child shall notify the local law enforcement
agency in whose jurisdiction the child resides that the child:
(a) Has been adjudicated delinquent for a sexual offense or a
sexually motivated act; and
(b) Is subject to community notification as a juvenile sex offender.
2. If the probation officer or parole officer, as appropriate,
assigned to the child is informed by the child or the parent or guardian
of the child that the child has changed the address at which the child
resides or if the probation officer or parole officer otherwise becomes
aware of such a change, the probation officer or parole officer shall
notify:
(a) The local law enforcement agency in whose jurisdiction the
child last resided that the child has moved; and
(b) The local law enforcement agency in whose jurisdiction the
child is now residing that the child:
(1) Has been adjudicated delinquent for a sexual offense or
a sexually motivated act; and
(2) Is subject to community notification as a juvenile sex
offender.
(Added to NRS by 2003, 1081 )
1. If a child who has been adjudicated delinquent for a sexual
offense or a sexually motivated act has not previously been relieved of
being subject to community notification as a juvenile sex offender, the
juvenile court may, at any appropriate time, hold a hearing to determine
whether the child should be relieved of being subject to community
notification as a juvenile sex offender.
2. If the juvenile court determines at the hearing that the child
has been rehabilitated to the satisfaction of the juvenile court and that
the child is not likely to pose a threat to the safety of others, the
juvenile court may relieve the child of being subject to community
notification as a juvenile sex offender.
(Added to NRS by 2003, 1082 )
Except
as otherwise provided in NRS 62F.200
to 62F.260 , inclusive:
1. If a child who has been adjudicated delinquent for a sexual
offense or a sexually motivated act is not relieved of being subject to
community notification as a juvenile sex offender before the child
reaches 21 years of age, the juvenile court shall hold a hearing when the
child reaches 21 years of age to determine whether the child should be
deemed an adult sex offender for the purposes of registration and
community notification pursuant to NRS 179D.350 to 179D.800 , inclusive.
2. If the juvenile court determines at the hearing that the child
has been rehabilitated to the satisfaction of the juvenile court and that
the child is not likely to pose a threat to the safety of others, the
juvenile court shall relieve the child of being subject to registration
and community notification.
3. If the juvenile court determines at the hearing that the child
has not been rehabilitated to the satisfaction of the juvenile court or
that the child is likely to pose a threat to the safety of others, the
juvenile court shall deem the child to be an adult sex offender for the
purposes of registration and community notification pursuant to NRS
179D.350 to 179D.800 , inclusive.
4. In determining at the hearing whether the child has been
rehabilitated to the satisfaction of the juvenile court and whether the
child is not likely to pose a threat to the safety of others, the
juvenile court shall consider the following factors:
(a) The number, date, nature and gravity of the act or acts
committed by the child, including:
(1) Whether the act or acts were characterized by repetitive
and compulsive behavior; and
(2) Whether the act or acts involved the use of a 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.
(c) Whether psychological or psychiatric profiles indicate a risk
of recidivism.
(d) The behavior of the child while subject to the jurisdiction of
the juvenile court, including the behavior of the child during any period
of confinement.
(e) Whether the child has made any recent threats against a person
or expressed any intent to commit any crimes in the future.
(f) Any physical conditions that minimize the risk of recidivism,
including physical disability or illness.
(g) Any other factor that the juvenile court finds relevant to the
determination of whether the child has been rehabilitated to the
satisfaction of the juvenile court and whether the child is not likely to
pose a threat to the safety of others.
5. If a child is deemed to be an adult sex offender pursuant to
this section, the juvenile court shall notify the Central Repository so
the Central Repository may carry out the provisions for registration of
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 sealed pursuant to
the provisions of NRS 62H.100 to
62H.170 , inclusive, while the child
is subject to community notification as a juvenile sex offender.
2. If a child is deemed to be an adult sex offender pursuant to
NRS 62F.250 , is convicted of a sexual
offense, as defined in NRS 179D.410 ,
before reaching 21 years of age or is otherwise subject to registration
and community notification pursuant to NRS 179D.350 to 179D.800 , inclusive, before reaching 21 years of age:
(a) The records relating to the child must not be sealed pursuant
to the provisions of NRS 62H.100 to
62H.170 , inclusive; and
(b) Each delinquent act committed by the child that would 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 notification pursuant to NRS
179D.350 to 179D.800 , inclusive; and
(2) The statewide registry established within the Central
Repository pursuant to chapter 179B of NRS.
(Added to NRS by 2003, 1082 )
|
