USA Statutes : nevada
Title : Title 05 - JUVENILE JUSTICE
Chapter : CHAPTER 63 - STATE FACILITIES FOR DETENTION OF CHILDREN
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 63.020
to 63.050 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 1095 )
1. “Commissary fund” means a commissary fund created pursuant to
NRS 63.360 .
2. The term includes a commissary fund established for the Nevada
Youth Training Center and for the Caliente Youth Center.
(Added to NRS by 2003, 1095 )
1. “Facility” means a state facility for the detention or
commitment of children which is administered by the State of Nevada.
2. The term includes, but is not limited to, the Nevada Youth
Training Center and the Caliente Youth Center.
(Added to NRS by 2003, 1095 )
1. “Gift account” means a gift account established for a facility
in the Gift Fund of the Department of Health and Human Services.
2. The term includes the gift accounts established for the Nevada
Youth Training Center and for the Caliente Youth Center.
(Added to NRS by 2003, 1095 )
“Qualified
financial institution” means a bank, credit union or savings and loan
association that is federally insured or insured by a private insurer
approved pursuant to NRS 678.755 or is otherwise qualified to receive deposits of public money.
(Added to NRS by 2003, 1095 )
SUPERINTENDENT AND EMPLOYEES
1. For each facility, the position of superintendent of the
facility is hereby created.
2. The superintendent of a facility shall administer the
provisions of NRS 63.010 to 63.620
, inclusive, 63.720 , 63.770 and
63.790 subject to administrative
supervision by the Administrator of the Division of Child and Family
Services.
(Added to NRS by 2003, 1095 )
1. To be appointed as the superintendent of a facility, a person
must have:
(a) Administrative experience in correctional programs for children
that embody rehabilitative or delinquency prevention concepts;
(b) At least 2 years of administrative experience in an institution
dealing primarily with children on a 24-hour basis; and
(c) Graduated from an accredited 4-year college or university or
have an equivalent combination of experience and training, substituting 2
years of experience for 1 year of training.
2. The Administrator of the Division of Child and Family Services
shall request that the Department of Personnel use extensive recruitment
and merit selection techniques and procedures to provide a list of
persons who are qualified for appointment as the superintendent of a
facility.
(Added to NRS by 2003, 1096 )
1. Except as otherwise provided in NRS 284.143 , the superintendent of a facility shall devote
his entire time to the duties of his position and follow no other gainful
employment or occupation.
2. The superintendent of a facility is the executive and
administrative head of the facility, subject to administrative
supervision by the Administrator of the Division of Child and Family
Services.
(Added to NRS by 2003, 1096 )
1. If a residence is available on the grounds of or near a
facility, the superintendent of the facility shall reside at the
residence, as provided for in this section.
2. In addition to his salary, the superintendent of a facility is
entitled to:
(a) The use of a residence on the grounds of or near the facility,
if such a residence is available, which must be maintained by the State
of Nevada.
(b) Heat, electricity and water for the residence.
(c) The use of any appliances and furnishings for the residence
which are reasonably necessary, as determined by the Administrator of the
Division of Child and Family Services.
(d) Meals at the facility without charge when supervising personnel
or children.
3. The superintendent of a facility shall not receive any
perquisites except those provided for in this section.
(Added to NRS by 2003, 1096 )
The superintendent of
a facility shall:
1. Exercise general supervision of the facility.
2. Make and revise rules and regulations for the government of the
facility, for the preservation of order and for the enforcement of
discipline.
3. Invoke any legal, equitable or special procedures for the
enforcement of the orders of the superintendent or the provisions of this
chapter.
4. Assume responsibility for and supervise the fiscal affairs of
the facility.
5. Record and file all bonds and contracts.
6. Purchase supplies and equipment for the facility as the
superintendent deems necessary.
7. Keep a complete and accurate record of all proceedings.
8. Assume responsibility for the custody and preservation of all
papers and documents pertaining to the office of the superintendent.
9. Submit certain reports and information to the Administrator of
the Division of Child and Family Services, including, but not limited to:
(a) Quarterly reports;
(b) Biennial reports before September 1 of each even-numbered year
covering the biennium ending June 30 of that year, regarding the
condition, operation, functioning and anticipated needs of the facility;
and
(c) Material on which to base proposed legislation.
10. Keep the public informed by disseminating information
regarding the activities and operation of the facility and correctional
problems involving children.
(Added to NRS by 2003, 1096 )
The superintendent of a facility
may enter into contracts with colleges, universities and other
organizations for the purposes of:
1. Conducting research in the field of delinquency and crime
prevention.
2. Training special workers, including teachers, probation and
parole officers, social workers and others who:
(a) Work part time or full time;
(b) Work as volunteers or for compensation; and
(c) Are engaged in the fields of education, recreation, mental
hygiene and the treatment and prevention of delinquency.
(Added to NRS by 2003, 1097 )
1. The superintendent of a facility shall appoint such teaching,
technical, clerical and operational staff as may be required for:
(a) The execution of the duties of the superintendent;
(b) The care of the children; and
(c) The maintenance and operation of the facility.
2. The superintendent of a facility may enter into contracts with
qualified employees for their services as athletic coaches in addition to
their regular duties and responsibilities.
3. The superintendent of a facility may designate one or more
employees of the facility to act as deputies. If the superintendent is
absent or unable for any reason to discharge the powers and duties of the
office, the deputies shall discharge those powers and duties.
(Added to NRS by 2003, 1098 )
1. If the superintendent of a facility determines that it is
necessary or desirable that any employee reside at the facility, the
Administrator of the Division of Child and Family Services may grant
perquisites to the employee or pay for services rendered to the employee.
2. The Administrator of the Division of Child and Family Services
shall submit to the Director of the Department of Health and Human
Services, for transmission to each regular session of the Legislature, a
report of any perquisites granted to an employee and any payments made
for services rendered to an employee.
(Added to NRS by 2003, 1098 )
1. The superintendent of a facility shall designate one or more
members of the staff of the facility to classify and assign each child in
the facility to a program of education, employment, training, treatment,
care and custody.
2. As soon as practicable after a child enters the facility and
not later than 30 days after the date on which the child enters the
facility, the designated staff members shall:
(a) Study the file of the child;
(b) Interview the child;
(c) Determine which program of education, employment, training,
treatment, care and custody is appropriate for the child;
(d) Place in the file of the child a written record of the program
assignment of the child; and
(e) Assign to each child a counselor from among the members of the
staff.
3. The designated staff members shall review the program
assignment of each child:
(a) At least once every 3 months.
(b) If the child requests a review.
(c) If a review is deemed necessary or desirable.
4. After reviewing the program assignment of the child, the
designated staff members:
(a) May change the program assignment as is deemed necessary or
desirable; and
(b) Shall place in the file of the child a written record of any
changes made in the program assignment.
5. If the child requests a change in his program assignment and
the request is denied, the designated staff members shall:
(a) Provide the child with the reasons for the denial; and
(b) Place in the file of the child a written statement concerning
the denial.
6. The objective of the program assignment is to change the
behavior, attitude and thinking of the child so that the child can once
again function freely in his normal environment.
(Added to NRS by 2003, 1097 )
EDUCATION AND EMPLOYMENT OF CHILDREN
The superintendent of a facility shall
make arrangements for carrying out the provisions of title 34 of NRS in
regard to the facility.
(Added to NRS by 2003, 1099 )
1. The superintendent of a facility shall establish a department
of instruction for the children of the facility, with programs of study
corresponding so far as practicable with programs of study given in the
elementary and high schools of this state.
2. The superintendent of a facility may:
(a) Arrange for industrial training and the teaching of various
trades; and
(b) Purchase the supplies and equipment necessary for the teaching
of such programs of study.
3. If deemed practicable and with the concurrence of the board of
trustees of the county school district, the superintendent of a facility
may allow children in the facility to be enrolled for instruction in the
public schools within the county school district. If any children are so
enrolled, the superintendent of the facility or the county school
district shall provide transportation for the children to the public
schools.
(Added to NRS by 2003, 1098 )
1. Except as otherwise provided in this section, the
superintendent of a facility may arrange for the employment of children
on ranches, farms and in other private occupations during the summer
vacation months and for other periods which the superintendent deems
proper for the full utilization of the children’s time and productive
capacities.
2. A child may not be compelled to accept private employment
against his desires.
3. For the purposes of this section, the superintendent of a
facility and the employer must determine the amount of compensation the
child must be paid and the working conditions of the child.
4. The superintendent of a facility may determine whether the
compensation paid to the child may be paid in whole or in part to the
child or to the superintendent for safekeeping as provided for in NRS
63.340 .
(Added to NRS by 2003, 1098 )
The ultimate
purpose of the instruction, training, employment and industries provided
to a child in a facility is to qualify the child for profitable and
honorable employment and to enable the child to lead a useful life after
his release from the facility.
(Added to NRS by 2003, 1099 )
The Director of the Department of Health and Human Services or
the Director’s designee shall administer a program designed to educate
the children of a facility in the problems caused by the abuse of alcohol
and other drugs.
(Added to NRS by 2003, 1099 )
FINANCES
1. Each claim paid from any fund in the State Treasury that is
available to a facility must be:
(a) Approved by the superintendent of the facility before it is
paid; and
(b) Paid as other claims against this state are paid.
2. All money on deposit in a financial institution which is
available to a facility must be paid out by checks signed by the
superintendent of the facility or by a person designated for that purpose.
(Added to NRS by 2003, 1099 )
The
superintendent of a facility may apply for and receive money from the
Federal Government to treat and train children in the facility.
(Added to NRS by 2003, 1099 )
The superintendent of a facility shall:
1. Deposit in the State Treasury for credit to the gift account of
the facility any gifts of money which the facility is authorized to
accept; and
2. Expend money from the gift account only for facility purposes
and, to the extent permitted by law, in accordance with the terms of the
gift.
(Added to NRS by 2003, 1099 )
1. The superintendent of a facility:
(a) May buy and sell hay, grain, produce, livestock, and other farm
supplies and equipment; and
(b) Shall deposit all money obtained from the sale of such items in
the State Treasury for credit to the farm account of the facility.
2. The farm account is a continuing account without reversion to
the State General Fund.
3. The superintendent of a facility shall expend the money in the
farm account for supplies and equipment needed by the facility in
accordance with the provisions of the State Budget Act.
4. The superintendent of a facility shall keep a record of all
transactions pertaining to the farm account.
(Added to NRS by 2003, 1099 )
1. The superintendent of a facility may accept money and other
valuables of a child in the facility for safekeeping pending the
discharge of the child.
2. To carry out the purposes of this section, the superintendent
of a facility shall establish a trust fund in a qualified financial
institution.
3. If the superintendent of a facility accepts money or other
valuables of a child for safekeeping, the superintendent shall:
(a) Deposit the money in the trust fund established pursuant to
this section;
(b) Keep a full account of any money and valuables; and
(c) Submit reports to the Administrator of the Division of Child
and Family Services regarding the money and valuables as the
Administrator may require.
4. When a child is discharged from the facility, the
superintendent of the facility shall:
(a) Issue to the child a check in the amount of the balance held in
the trust fund for the child; and
(b) Return to the child any valuables held for safekeeping.
5. If a check that is issued to a child pursuant to this section
has not been cashed within 6 months from the date on which the check was
issued, the superintendent of the facility may transfer the amount of the
uncashed check to the gift account. Each check issued to a child must be
stamped “void after 6 months from date of issue.”
(Added to NRS by 2003, 1099 )
1. The superintendent of a facility may establish a commissary or
store in the facility for the benefit and use of the children in the
facility.
2. So far as practicable, sales of supplies and materials to the
children in the commissary or store must be at cost.
3. The superintendent of a facility shall keep a record of all
transactions of the commissary or store.
(Added to NRS by 2003, 1100 )
1. The commissary fund is hereby created, and must be used:
(a) To purchase supplies and materials for resale to the children
of a facility;
(b) To provide money for needy children of a facility; and
(c) For other incidentals as may be deemed necessary by the
superintendent of the facility.
2. The superintendent of a facility shall deposit any money
received for the commissary fund in a qualified financial institution.
3. The superintendent of a facility may maintain a small sum of
money which is received for the commissary fund as petty cash at the
commissary or store.
4. All money drawn from the commissary fund must be repaid if
possible.
(Added to NRS by 2003, 1100 )
COMMITMENT TO FACILITY
1. If the juvenile court or the Division of Child and Family
Services commits or places a child in a facility, the superintendent of
the facility shall accept the child unless, before the child is conveyed
to the facility, the superintendent determines that:
(a) There is not adequate room or resources in the facility to
provide the necessary care of the child;
(b) There is not adequate money available for the support of the
facility; or
(c) In the opinion of the superintendent, the child is not suitable
for admission to the facility.
2. The superintendent of the facility shall fix the time at which
the child must be delivered to the facility.
3. The juvenile court shall send to the superintendent of the
facility a summary of all the facts in the possession of the juvenile
court concerning the history of the child committed to the facility.
(Added to NRS by 2003, 1100 )
Upon the written request of the
superintendent of a facility, at any time either before or after
commitment of a female child to the facility, the juvenile court may
order the child committed to:
1. A facility outside the State of Nevada; or
2. A private institution within the State of Nevada.
(Added to NRS by 2003, 1100 )
1. Before a child is committed to a facility, the juvenile court
shall order that a physician conduct a physical examination of the child,
which includes a blood test, test for tuberculosis, urinalysis and an
examination for venereal disease.
2. Not later than 5 days after the date on which the physical
examination is conducted, the physician shall make a written report of
the results of the physical examination to the clerk of the court.
3. Upon receipt of the written report:
(a) The clerk of the court shall immediately forward a copy of the
written report to the superintendent of the facility; and
(b) The county auditor shall allow a claim for payment to the
physician for the physical examination.
(Added to NRS by 2003, 1101 )
1. If the juvenile court commits a child to a facility, the
juvenile court may order the parent or guardian of the child to pay, in
whole or in part, for the support of the child in the facility.
2. If the juvenile court orders the parent or guardian of the
child to pay for the support of the child:
(a) The payments must be paid to the Administrator of the Division
of Child and Family Services; and
(b) The Administrator shall deposit the payments with the State
Treasurer for credit to a separate account in the State General Fund. The
Administrator may expend the money in the separate account to carry out
the powers and duties of the Administrator and the Division of Child and
Family Services.
(Added to NRS by 2003, 1101 )
1. Except as otherwise provided in chapter 62E of NRS, if the juvenile court commits a delinquent
child to the custody of the Division of Child and Family Services, the
Division may, within the limits of legislative appropriation:
(a) If the child is at least 8 years of age but less than 12 years
of age, place the child in any public or private institution or agency
which is located within or outside this state and which is authorized to
care for children. The child must not be placed in a facility.
(b) If the child is at least 12 years of age but less than 18 years
of age, place the child in a facility or in any public or private
institution or agency which is located within or outside this state and
which is authorized to care for children.
2. The Division of Child and Family Services may change the
placement of the child from any public or private institution or agency
that is authorized to care for the child pursuant to this section to
another public or private institution or agency that is authorized to
care for the child pursuant to this section.
3. Before the Division of Child and Family Services may change any
placement authorized by this section, the Division shall:
(a) Notify the parent or guardian of the child; and
(b) Obtain the approval of the juvenile court.
(Added to NRS by 2003, 1101 )
The Administrator of the Division of
Child and Family Services shall recommend to the juvenile court a
suitable alternative to the commitment or placement of a child in a
facility if:
1. The superintendent of the facility reports that such a
commitment or placement is unsuitable; and
2. At the time of commitment or placement or after entering the
facility, the child appears to be:
(a) An improper child to be retained in the facility; or
(b) So incorrigible or so incapable of reformation under the
discipline of the facility as to render his detention detrimental to the
interests of the facility.
(Added to NRS by 2003, 1101 )
1. A facility may establish forestry camps for the purposes of:
(a) Securing a satisfactory classification and segregation of
children according to their capacities, interests and responsiveness to
control and responsibility;
(b) Reducing the necessity of extending existing grounds and
housing facilities; and
(c) Providing adequate opportunity for reform and encouragement of
self-discipline.
2. Children committed to forestry camps may be required:
(a) To labor on the buildings and grounds of the forestry camp.
(b) To perform fire prevention work, including, but not limited to:
(1) Building firebreaks and fire trails;
(2) Fire suppression;
(3) Making forest roads for fire prevention or fire
fighting; and
(4) Forestation and reforestation of public lands.
(c) To perform other projects prescribed by the superintendent of
the facility.
3. For the purposes of carrying out the provisions of this
section, the superintendent of a facility may enter into contracts with
the Federal Government, state officials and various state agencies and
departments.
(Added to NRS by 2003, 1102 )
1. The superintendent of a facility may grant to a child a
furlough from the facility to participate in a program or treatment if,
after consultation with the Chief of the Youth Parole Bureau, the
superintendent determines that the furlough is in the best interests of
the child.
2. The superintendent of a facility may grant a furlough for a
period of not more than 90 days.
3. While a child is temporarily released from a facility on a
furlough, the child is under the supervision of the Chief of the Youth
Parole Bureau.
(Added to NRS by 2003, 1103 )
1. The juvenile court may change, modify or set aside an order
committing a child to a facility after conducting a hearing to consider
the effect that changing, modifying or setting aside the order will have
upon the child and the operation of the facility.
2. Not later than 10 days before conducting the hearing pursuant
to this section, the juvenile court shall serve written notice of the
hearing upon the superintendent of the facility. Such notice must be
served by registered mail, postage prepaid.
(Added to NRS by 2003, 1102 )
1. The superintendent of a facility may transfer a child from one
facility to another facility if:
(a) The Administrator of the Division of Child and Family Services
consents to the transfer; and
(b) The transfer is in the best interests of the child.
2. If a transfer is made, the general provisions regarding
placements in a facility apply.
(Added to NRS by 2003, 1102 )
All children committed to a facility must be dealt with,
so far as practicable, by or in the presence of an attendant who is of
the same gender as the child.
(Added to NRS by 2003, 1102 )
An employee
or officer of a facility must not be nominated or appointed as guardian
of a person or the estate of a person who is or ever has been committed
to a facility, unless the employee or officer is related by blood to the
person who is or has been committed to the facility.
(Added to NRS by 2003, 1102 )
Upon
the recommendation of a physician who attends a child in a facility, the
superintendent of the facility may authorize the performance of any
necessary medical, surgical or dental service.
(Added to NRS by 2003, 1102 )
ESCAPE FROM FACILITY
1. The written order of the superintendent of a facility is a
sufficient arrest warrant for any peace officer to return a child who has
escaped from the facility.
2. Each peace officer shall execute such an order in the same
manner as is provided for the execution of criminal process.
(Added to NRS by 2003, 1103 )
A person who knowingly permits or aids a child to escape
from a facility, or who conceals a child with the intent or purpose of
enabling him to elude pursuit, shall be punished:
1. Where a dangerous weapon is used by the person to facilitate
the escape or attempted escape, for a category B felony by imprisonment
in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further punished by a
fine of not more than $5,000.
2. Where no dangerous weapon is used, for a gross misdemeanor.
(Added to NRS by 2003, 1103 )
1. Upon the escape of a child from a facility, the superintendent
of the facility shall notify:
(a) The appropriate law enforcement agency of the escape; and
(b) Immediately thereafter, the public. The notice to the public
must include a description of the child.
2. The superintendent of the facility shall immediately notify the
public upon the apprehension of the child.
(Added to NRS by 2003, 1103 )
RELEASE FROM FACILITY
Parole
1. The Chief of the Youth Parole Bureau may appoint such employees
as are necessary to carry out the functions of the Youth Parole Bureau.
2. The Chief of the Youth Parole Bureau may enter into contracts
with colleges, universities and other organizations for the purposes of:
(a) Conducting research in the field of delinquency and crime
prevention.
(b) Training special workers, including social workers and parole
officers who:
(1) Work part time or full time;
(2) Work as volunteers or for compensation; and
(3) Are engaged in the fields of education, recreation,
mental hygiene, and the treatment and prevention of delinquency.
(Added to NRS by 2003, 1104 )
The Chief of
the Youth Parole Bureau shall:
1. Supervise all children released on parole from a facility.
2. Supervise all children released by other states for juvenile
parole in the State of Nevada pursuant to interstate compact.
3. Furnish to each child paroled:
(a) A written statement of the conditions of the parole; and
(b) Instructions regarding those conditions.
4. Keep himself informed concerning the conduct and condition of
all children and employees under his supervision.
5. Coordinate his functions with those of the superintendents of
each facility.
(Added to NRS by 2003, 1104 )
1. After consultation with the Chief of the Youth Parole Bureau,
the superintendent of a facility may grant parole to a child if:
(a) The child is eligible for parole according to regulations
established for that purpose; and
(b) Parole will be in the best interests of the child.
2. The superintendent of the facility and the Chief of the Youth
Parole Bureau shall set the date of the child’s release on parole not
later than 30 days after the superintendent has given the Chief a notice
of intent to parole the child.
3. Upon being released on parole, the child is under the
supervision of the Chief of the Youth Parole Bureau.
(Added to NRS by 2003, 1102 )
1. Each child who is paroled from a facility must be placed in:
(a) A reputable home; and
(b) An educational program or a work program, or both.
2. The Chief of the Youth Parole Bureau may pay the expenses
incurred in providing alternative placements for residential programs and
for structured nonresidential programs from money appropriated to the
Youth Parole Bureau for that purpose.
(Added to NRS by 2003, 1104 )
1. The Chief of the Youth Parole Bureau may accept from a child
who is paroled money and other valuables for safekeeping pending the
discharge of the child from parole.
2. If the Chief of the Youth Parole Bureau accepts from a child
who is paroled money or other valuables for safekeeping, the Chief shall:
(a) Deposit the money in an account in a qualified financial
institution.
(b) Keep a full account of any money and valuables; and
(c) Submit reports to the Administrator of the Division of Child
and Family Services regarding the money and valuables as the
Administrator may require.
3. When a child is discharged from parole, the Chief of the Youth
Parole Bureau shall:
(a) Issue to the child a check in the amount of the balance held in
the account for the child; and
(b) Return to the child any valuables held for safekeeping.
(Added to NRS by 2003, 1104 )
If a child
has been paroled, the Chief of the Youth Parole Bureau shall apply to the
juvenile court for a dismissal of all proceedings and accusations pending
against the child if:
1. The child has proven his ability to make an acceptable
adjustment outside the facility; or
2. In the opinion of the Chief, the child is no longer amenable to
treatment as a juvenile.
(Added to NRS by 2003, 1105 )
1. If there is probable cause to believe that a child has violated
his parole, the written order of the Chief of the Youth Parole Bureau is
a sufficient arrest warrant for any peace officer to take the child into
custody, pending return of the child to the juvenile court.
2. Each peace officer or parole officer shall execute such an
order in the same manner as is provided for the execution of criminal
process.
(Added to NRS by 2003, 1105 )
1. A petition may be filed with the juvenile court to request that
the parole of a child be suspended, modified or revoked.
2. Pending a hearing, the juvenile court may order:
(a) The return of the child to the facility; or
(b) If approved by a local or regional facility for the detention
of children, that the child be held in the local or regional facility.
3. If the child is held in a local or regional facility for the
detention of children pending a hearing, the Youth Parole Bureau must pay
all actual and reasonably necessary costs for the confinement of the
child in the local or regional facility.
4. If requested, the juvenile court shall allow the child
reasonable time to prepare for the hearing.
5. The juvenile court shall render a decision within 10 days after
the conclusion of the hearing.
(Added to NRS by 2003, 1103 )
The Chief of the Youth Parole Bureau may recommend to the
juvenile court that a child’s parole be revoked and that the child be
committed to a facility unless the superintendent of the facility
determines that:
1. There is not adequate room or resources in the facility to
provide the necessary care;
2. There is not adequate money available for the support of the
facility; or
3. The child is not suitable for admission to the facility.
(Added to NRS by 2003, 1105 )
Discharge
1. A child may be discharged from a facility upon reaching 18
years of age.
2. A child must be discharged from a facility upon reaching 20
years of age.
(Added to NRS by 2003, 1104 )
