[Rev. 11/21/2013 9:16:12 AM--2013]

CHAPTER 62G - ADMINISTRATION OF PROBATION

JUDICIAL DISTRICTS NOT INCLUDING A COUNTY WHOSE POPULATION IS 100,000 OR MORE

NRS 62G.010          Applicability of provisions.

NRS 62G.020          Probation committee: Appointment, terms and removal of members; service without compensation; officers.

NRS 62G.030          Probation committee: Powers and duties.

NRS 62G.040          Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees; sufficient personnel and support for probation department required.

NRS 62G.050          Appointment and duties of chief probation officer.

NRS 62G.060          Demotion and discharge of probation officers and other employees.

NRS 62G.070          Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.

JUDICIAL DISTRICTS INCLUDING A COUNTY WHOSE POPULATION IS 100,000 OR MORE BUT LESS THAN 700,000

NRS 62G.100          Applicability of provisions.

NRS 62G.110          Committee for juvenile services: Appointment, terms and removal of members; forfeiture of office; service without compensation; officers.

NRS 62G.120          Committee for juvenile services: Powers and duties.

NRS 62G.130          Director of juvenile services: Appointment; powers and duties; removal or discharge; entitlement to staff or employees; compensation.

NRS 62G.140          Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees.

NRS 62G.150          Appointment and duties of chief probation officer.

NRS 62G.160          Demotion and dismissal of probation officers and other employees.

NRS 62G.170          Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.

JUDICIAL DISTRICTS INCLUDING A COUNTY WHOSE POPULATION IS 700,000 OR MORE

Department of Juvenile Justice Services Established by Board of County Commissioners

NRS 62G.200          Applicability of provisions.

NRS 62G.210          Establishment; powers and duties; appointment of director.

NRS 62G.220          Appointment and dismissal of probation officers, assistant probation officers and other employees; nondisclosure of certain privileged information obtained by such officers and employees.

NRS 62G.223          Background investigation required on applicants and employees; periodic additional investigations.

NRS 62G.225          Denial or termination of employment for conviction of certain crimes; correction of information concerning conviction.

NRS 62G.230          Joint board: Establishment; composition; duties; withdrawal of district judges serving as members; repeal of ordinance of establishment upon withdrawal.

NRS 62G.240          Citizen’s advisory committee: Establishment; powers.

 

Department of Juvenile Justice Services Established by Juvenile Court

NRS 62G.300          Applicability of provisions.

NRS 62G.310          Probation committee: Appointment, terms and removal of members; forfeiture of office; service without compensation; officers.

NRS 62G.320          Probation committee: Powers and duties.

NRS 62G.330          Director of department of juvenile justice services: Appointment; powers and duties; removal or discharge; entitlement to staff or employees; compensation.

NRS 62G.340          Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees.

NRS 62G.350          Appointment and duties of chief probation officer.

NRS 62G.353          Background investigation required on applicants and employees; periodic additional investigations.

NRS 62G.355          Denial or termination of employment for conviction of certain crimes; correction of information concerning conviction.

NRS 62G.360          Demotion and dismissal of probation officers and other employees.

NRS 62G.370          Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.

SPECIAL SUPERVISION PROGRAM

NRS 62G.400          “Special supervision program” defined.

NRS 62G.410          Declaration of state policy.

NRS 62G.420          Adoption of minimum standards for operation of special supervision programs and rules for administration.

NRS 62G.430          State to share costs of supervision of certain children in special supervision programs.

NRS 62G.440          Application for share of costs from State.

NRS 62G.450          Determination of amount and allocation of state money to juvenile courts for special supervision programs.

NRS 62G.460          Authorized use of money received from State.

NRS 62G.470          Report on special supervision programs.

_________

JUDICIAL DISTRICTS NOT INCLUDING A COUNTY WHOSE POPULATION IS 100,000 OR MORE

      NRS 62G.010  Applicability of provisions.  The provisions of NRS 62G.010 to 62G.070, inclusive, apply to a judicial district which does not include a county whose population is 100,000 or more.

      (Added to NRS by 2003, 1033)

      NRS 62G.020  Probation committee: Appointment, terms and removal of members; service without compensation; officers.

      1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint five representative citizens of good moral character to be known as the probation committee; and

      (b) If any member of the probation committee vacates or is removed from the member’s position before the end of the member’s term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the probation committee. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the probation committee shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the probation committee. The taking of the oath must be entered in the records of the juvenile court.

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the probation committee for the following terms:

      (a) For the initial terms of the members:

             (1) One member must be appointed for a term of 1 year;

             (2) Two members must be appointed for terms of 2 years; and

             (3) Two members must be appointed for terms of 3 years.

      (b) For the terms following the initial terms, each member must be appointed for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the probation committee.

      7.  Members of the probation committee shall:

      (a) Serve without compensation; and

      (b) Choose from among their members a chair and a secretary.

      (Added to NRS by 2003, 1033)

      NRS 62G.030  Probation committee: Powers and duties.

      1.  The probation committee shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the juvenile court and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the juvenile court, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the juvenile court.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the juvenile court and make recommendations concerning:

             (1) The appointment of employees that the probation committee deems necessary for the operation and management of the probation department and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      2.  The probation committee may:

      (a) If it deems necessary or proper, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the juvenile court.

      (b) Upon a majority vote of its members, recommend the removal or discharge of any probation officer.

      (Added to NRS by 2003, 1034)

      NRS 62G.040  Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees; sufficient personnel and support for probation department required.

      1.  The juvenile court shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the probation department and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the probation committee, the juvenile court shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      4.  With the advice of the probation committee and consent of the board or boards of county commissioners, the juvenile court shall determine the salaries of the probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      5.  If the juvenile court serves two or more counties, the juvenile court:

      (a) May appoint the probation officers to serve the counties jointly; and

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.

      6.  The board or boards of county commissioners shall make every reasonable effort to provide sufficient personnel and support for the probation department to uphold the concept of separation of powers in the court process.

      (Added to NRS by 2003, 1034)

      NRS 62G.050  Appointment and duties of chief probation officer.

      1.  The juvenile court shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the juvenile court and with the advice of the probation committee, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the probation department and each local facility for the detention of children; and

      (b) Perform such other duties as the juvenile court directs.

      (Added to NRS by 2003, 1035)

      NRS 62G.060  Demotion and discharge of probation officers and other employees.

      1.  Pursuant to the provisions of this section, the juvenile court may demote or discharge any probation officer, employee of the probation department or employee of a local facility for the detention of children.

      2.  Before the juvenile court may demote or discharge a probation officer or employee, the juvenile court shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the demotion or discharge.

      (Added to NRS by 2003, 1035)

      NRS 62G.070  Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court.

      (Added to NRS by 2003, 1035)

JUDICIAL DISTRICTS INCLUDING A COUNTY WHOSE POPULATION IS 100,000 OR MORE BUT LESS THAN 700,000

      NRS 62G.100  Applicability of provisions.  The provisions of NRS 62G.100 to 62G.170, inclusive, apply to a judicial district which includes a county whose population is 100,000 or more but less than 700,000.

      (Added to NRS by 2003, 1035; A 2011, 1141)

      NRS 62G.110  Committee for juvenile services: Appointment, terms and removal of members; forfeiture of office; service without compensation; officers.

      1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint not less than five nor more than seven representative citizens of good moral character to be known as the committee for juvenile services; and

      (b) If any member of the committee for juvenile services vacates or is removed from the member’s position before the end of the member’s term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the committee for juvenile services. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the committee for juvenile services shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the committee for juvenile services. The taking of the oath must be entered in the records of the juvenile court.

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the committee for juvenile services for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the committee for juvenile services.

      7.  Any member who is absent from three consecutive meetings of the committee for juvenile services without permission of the chair:

      (a) Forfeits the member’s office; and

      (b) Must be replaced as provided in this section for the filling of a vacancy before the end of a term.

      8.  Members of the committee for juvenile services shall:

      (a) Serve without compensation; and

      (b) Choose from among their members a chair and a secretary.

      (Added to NRS by 2003, 1035)

      NRS 62G.120  Committee for juvenile services: Powers and duties.

      1.  The committee for juvenile services shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the director of juvenile services and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the director of juvenile services, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the director of juvenile services.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the director of juvenile services and make recommendations concerning:

             (1) The appointment of employees that the committee for juvenile services deems necessary for the operation and management of the department of juvenile services and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      (f) Act as a hearing board pursuant to the provisions of NRS 62G.160.

      2.  The committee for juvenile services may, if it deems necessary or proper, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the director of juvenile services.

      (Added to NRS by 2003, 1036)

      NRS 62G.130  Director of juvenile services: Appointment; powers and duties; removal or discharge; entitlement to staff or employees; compensation.

      1.  From a list of candidates recommended by the committee for juvenile services, the juvenile court shall appoint a director of juvenile services.

      2.  The director of juvenile services:

      (a) Is directly responsible to the juvenile court and shall administer the functions of the juvenile court.

      (b) Shall coordinate the services of and serve as liaison between the juvenile court and all agencies in the judicial district dealing with children, including, but not limited to:

             (1) The Division of Child and Family Services;

             (2) The public schools of the judicial district;

             (3) All law enforcement agencies of the judicial district;

             (4) The committee for juvenile services of the judicial district;

             (5) The department of juvenile services of the judicial district; and

             (6) All local facilities for the detention of children within the judicial district.

      (c) May carry out preventive programs relating to juvenile delinquency.

      3.  The director of juvenile services serves at the pleasure of the juvenile court and is subject to removal or discharge by the juvenile court. Before the juvenile court may remove or discharge the director of juvenile services, the juvenile court shall provide to the director:

      (a) A written statement of the reasons for the removal or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the removal or discharge.

      4.  The director of juvenile services is entitled to such staff or employees to assist in the performance of the duties of the director as is advised by the committee for juvenile services, approved by the juvenile court, and consented to by the board or boards of county commissioners.

      5.  With the advice of the committee for juvenile services and the consent of the board or boards of county commissioners, the juvenile court shall determine the salary of the director of juvenile services.

      (Added to NRS by 2003, 1036)

      NRS 62G.140  Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees.

      1.  With the advice of the committee for juvenile services, the director of juvenile services shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the department of juvenile services and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the committee for juvenile services, the director of juvenile services shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      4.  With the advice of the committee for juvenile services, approval of the juvenile court and consent of the board or boards of county commissioners, the director of juvenile services shall determine the salaries of the probation officers, the employees of the department of juvenile services and the employees of each local facility for the detention of children.

      5.  If the director of juvenile services serves two or more counties, the director:

      (a) May appoint the probation officers to serve the counties jointly; and

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.

      (Added to NRS by 2003, 1037)

      NRS 62G.150  Appointment and duties of chief probation officer.

      1.  The director of juvenile services shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the director of juvenile services and with the advice of the committee for juvenile services, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the department of juvenile services and each local facility for the detention of children; and

      (b) Perform such other duties as the director of juvenile services directs.

      (Added to NRS by 2003, 1038)

      NRS 62G.160  Demotion and dismissal of probation officers and other employees.

      1.  Pursuant to the provisions of this section, the director of juvenile services may demote or dismiss, only for cause, any probation officer, employee of the department of juvenile services or employee of a local facility for the detention of children.

      2.  Before the director of juvenile services may demote a probation officer or employee, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion; and

      (b) An opportunity to be heard before the director regarding the demotion.

      3.  Before the director of juvenile services may dismiss a probation officer or employee with less than 12 months of service, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the dismissal; and

      (b) An opportunity to be heard before the director regarding the dismissal.

      4.  If a probation officer or employee with 12 months or more of service is dismissed pursuant to this section:

      (a) Not later than 15 days after the dismissal, the probation officer or employee may request a written statement from the director of juvenile services specifically setting forth the reasons for the dismissal. The director shall provide the written statement to the probation officer or employee not later than 15 days after the date of the request.

      (b) Not later than 30 days after receipt of the written statement from the director, the probation officer or employee may make a written request for a public hearing before the committee for juvenile services. The committee for juvenile services shall adopt rules for the conduct of such public hearings.

      (c) The probation officer or employee may appeal the decision of the committee for juvenile services to the board or boards of county commissioners.

      (Added to NRS by 2003, 1038)

      NRS 62G.170  Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court, the director of juvenile services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      (Added to NRS by 2003, 1038)

JUDICIAL DISTRICTS INCLUDING A COUNTY WHOSE POPULATION IS 700,000 OR MORE

Department of Juvenile Justice Services Established by Board of County Commissioners

      NRS 62G.200  Applicability of provisions.

      1.  The provisions of NRS 62G.200 to 62G.240, inclusive, apply only to a county:

      (a) Whose population is 700,000 or more; and

      (b) Which constitutes a judicial district.

      2.  If a department of juvenile justice services has been established by ordinance in a judicial district pursuant to NRS 62G.200 to 62G.240, inclusive, the provisions of NRS 62G.300 to 62G.370, inclusive, do not apply to that judicial district for the period the ordinance is in effect.

      (Added to NRS by 2003, 1042; A 2011, 1141; 2013, 460)

      NRS 62G.210  Establishment; powers and duties; appointment of director.

      1.  The board of county commissioners may establish by ordinance a department of juvenile justice services.

      2.  The department of juvenile justice services:

      (a) Shall administer the provisions of services relating to the delinquency and the abuse and neglect of children with respect to matters arising pursuant to the provisions of this title; and

      (b) May carry out programs relating to the prevention of juvenile delinquency.

      3.  The board of county commissioners may appoint a director of the department of juvenile justice services. The director serves at the pleasure of the board.

      (Added to NRS by 2003, 1042)

      NRS 62G.220  Appointment and dismissal of probation officers, assistant probation officers and other employees; nondisclosure of certain privileged information obtained by such officers and employees.

      1.  The board of county commissioners may provide for the appointment of:

      (a) One or more probation officers;

      (b) One or more assistant probation officers; and

      (c) Other employees as may be necessary to carry out the duties of the department of juvenile justice services.

      2.  Probation officers, assistant probation officers and other employees authorized pursuant to this section are:

      (a) Employees of the county who are subject to the provisions of the merit personnel system unless exempt pursuant to NRS 245.216; and

      (b) Local government employees for the purposes of chapter 288 of NRS.

      3.  Probation officers, assistant probation officers and other employees hired before the effective date of the ordinance establishing the department of juvenile justice services may be dismissed only for cause.

      4.  All information obtained in the discharge of an official duty by a probation officer, assistant probation officer or other employee of the department of juvenile justice services is privileged and must not be disclosed other than to the juvenile court, the director of the department of juvenile justice services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      (Added to NRS by 2003, 1042)

      NRS 62G.223  Background investigation required on applicants and employees; periodic additional investigations.

      1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

             (3) Assault with intent to kill or to commit sexual assault or mayhem;

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      (Added to NRS by 2013, 455)

      NRS 62G.225  Denial or termination of employment for conviction of certain crimes; correction of information concerning conviction.

      1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.223, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      6.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.

      (Added to NRS by 2013, 457)

      NRS 62G.230  Joint board: Establishment; composition; duties; withdrawal of district judges serving as members; repeal of ordinance of establishment upon withdrawal.

      1.  The board of county commissioners of a county which establishes a department of juvenile justice services shall establish by ordinance a joint board consisting of five members.

      2.  The joint board consists of:

      (a) Three representatives of the district judges designated by the judges of the judicial district from among their members; and

      (b) Two representatives of the board of county commissioners designated by the board from among its members.

      3.  The duties of the joint board must include, but are not limited to:

      (a) Acting as a liaison between the board of county commissioners and the district court; and

      (b) Making recommendations to the board of county commissioners concerning the facilities, resources, operation and management of the department of juvenile justice services.

      4.  The district judges serving as members of the joint board may withdraw from participating in the board by giving written notice of their intent to withdraw to the board of county commissioners. The ordinances establishing the department of juvenile justice services, the joint board and the citizen’s advisory committee shall be deemed repealed 6 months after the effective date of the notice, unless an earlier date is prescribed by the board of county commissioners.

      (Added to NRS by 2003, 1043)

      NRS 62G.240  Citizen’s advisory committee: Establishment; powers.

      1.  The board of county commissioners of a county which establishes a department of juvenile justice services shall establish by ordinance a citizen’s advisory committee to advise the joint board established pursuant to NRS 62G.230.

      2.  The ordinance establishing the citizen’s advisory committee must include:

      (a) The name of the committee;

      (b) The number of members of the committee;

      (c) The terms of the members; and

      (d) The duties of the committee.

      3.  The citizen’s advisory committee may offer the opinions and recommendations of the residents of the county and give advice and make recommendations to the joint board concerning the facilities, services and resources provided by the department of juvenile justice services.

      (Added to NRS by 2003, 1043)

Department of Juvenile Justice Services Established by Juvenile Court

      NRS 62G.300  Applicability of provisions.  The provisions of NRS 62G.300 to 62G.370, inclusive, apply to a judicial district which includes a county whose population is 700,000 or more, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.200 to 62G.240, inclusive.

      (Added to NRS by 2003, 1038; A 2011, 1141; 2013, 460)

      NRS 62G.310  Probation committee: Appointment, terms and removal of members; forfeiture of office; service without compensation; officers.

      1.  By an order entered in the minutes, the juvenile court shall:

      (a) Appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee; and

      (b) If any member of the probation committee vacates or is removed from the member’s position before the end of the member’s term, appoint a person to fill the vacancy not later than 30 days after the date on which the vacancy occurs.

      2.  The clerk of the court shall notify each person who is appointed to the probation committee. The notice of appointment must instruct the person to appear before the juvenile court not later than 10 days after the date the notice is sent.

      3.  Each person who is appointed to the probation committee shall:

      (a) Appear before the juvenile court not later than the time specified by the notice of appointment; and

      (b) Qualify by taking an oath to perform faithfully the duties of a member of the probation committee. The taking of the oath must be entered in the records of the juvenile court.

      4.  Except as otherwise provided in this section, the juvenile court shall appoint persons to the probation committee for the following terms:

      (a) For the initial terms of the members:

             (1) One member must be appointed for a term of 1 year;

             (2) Two members must be appointed for terms of 2 years; and

             (3) Two members must be appointed for terms of 3 years.

      (b) For the terms following the initial terms, each member must be appointed for a term of 3 years.

      5.  If a person is appointed to fill a vacancy before the end of a term, the juvenile court shall appoint the person for the remainder of the unexpired term.

      6.  The juvenile court may at any time remove for cause any member of the probation committee.

      7.  Any member who is absent from three consecutive meetings of the probation committee without permission of the chair:

      (a) Forfeits the member’s office; and

      (b) Must be replaced as provided in this section for the filling of a vacancy before the end of a term.

      8.  Members of the probation committee shall:

      (a) Serve without compensation; and

      (b) Choose from among their members a chair and a secretary.

      (Added to NRS by 2003, 1039)

      NRS 62G.320  Probation committee: Powers and duties.

      1.  The probation committee shall:

      (a) Advise the juvenile court upon its request.

      (b) In conjunction with the director of the department of juvenile justice services and the chief probation officer, advise on any matter concerning the control and management of any local facility for the detention of children.

      (c) Upon the request of the director of the department of juvenile justice services, investigate the facilities, resources and management of any person or entity, other than a state agency, that applies to receive or receives children under this title and report its findings, conclusions and recommendations to the juvenile court.

      (d) Prepare an annual report of its activities, investigations, findings and recommendations and file the annual report with the juvenile court and with the clerk of the court as a public document.

      (e) Advise the director of the department of juvenile justice services and make recommendations concerning:

             (1) The appointment of employees that the probation committee deems necessary for the operation and management of the probation department and each local facility for the detention of children.

             (2) The establishment of policies, procedures and standards for the proper performance of the duties and responsibilities of probation officers, the employees of the probation department and the employees of each local facility for the detention of children.

      (f) Act as a hearing board pursuant to the provisions of NRS 62G.360.

      2.  The probation committee may, if it deems as proper or necessary, investigate any local facility for the detention of children and report its findings, conclusions and recommendations to the juvenile court.

      (Added to NRS by 2003, 1039)

      NRS 62G.330  Director of department of juvenile justice services: Appointment; powers and duties; removal or discharge; entitlement to staff or employees; compensation.

      1.  From a list of candidates recommended by the probation committee, the juvenile court shall appoint a director of the department of juvenile justice services.

      2.  The director of the department of juvenile justice services:

      (a) Is directly responsible to the juvenile court and shall administer the functions of the juvenile court.

      (b) Shall coordinate the services of and serve as liaison between the juvenile court and all agencies in the judicial district dealing with children, including, but not limited to:

             (1) The Division of Child and Family Services;

            (2) The public schools of the judicial district;

             (3) All law enforcement agencies of the judicial district;

             (4) The probation committee; and

             (5) All local facilities for the detention of children within the judicial district.

      (c) May carry out preventive programs relating to juvenile delinquency.

      3.  Except as otherwise provided in NRS 62G.355, the director of the department of juvenile justice services serves at the pleasure of the juvenile court and is subject to removal or discharge by the juvenile court. Except as otherwise provided in NRS 62G.355, before the juvenile court may remove or discharge the director of the department of juvenile justice services, the juvenile court shall provide to the director:

      (a) A written statement of the reasons for the removal or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the removal or discharge.

      4.  The director of the department of juvenile justice services is entitled to such staff or employees to assist in the performance of the duties of the director as is advised by the probation committee, approved by the juvenile court, and consented to by the board or boards of county commissioners.

      5.  With the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties, the juvenile court shall determine the salary of the director of the department of juvenile justice services.

      (Added to NRS by 2003, 1040; A 2013, 460)

      NRS 62G.340  Appointment and compensation of probation officers and other employees; establishment of policies, procedures and standards concerning such officers and employees.

      1.  With the advice of the probation committee, the director of the department of juvenile justice services shall appoint:

      (a) One or more probation officers.

      (b) Other employees as may be required to carry on the work of the probation department and each local facility for the detention of children.

      2.  The appointment of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children must be made from lists of eligible persons established through competitive examinations.

      3.  With the advice of the probation committee, the director of the department of juvenile justice services shall establish policies, procedures and standards for the proper performance of the duties and responsibilities of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children.

      4.  With the advice of the probation committee, approval of the juvenile court and consent of the board or boards of county commissioners, the director of the department of juvenile justice services shall determine the salaries of the probation officers, the employees of the department of juvenile justice services and the employees of each local facility for the detention of children.

      5.  If the director of the department of juvenile justice services serves two or more counties, the director:

      (a) May appoint the probation officers to serve the counties jointly; and

      (b) Shall allocate the salaries and expenses of the probation officers between the counties.

      (Added to NRS by 2003, 1041)

      NRS 62G.350  Appointment and duties of chief probation officer.

      1.  The director of the department of juvenile justice services shall appoint one probation officer as the chief probation officer.

      2.  Under the general supervision of the director of the department of juvenile justice services and with the advice of the probation committee, the chief probation officer shall:

      (a) Organize, direct and develop the administrative work, including, but not limited to, the social, financial and clerical work, of the department of juvenile justice services and each local facility for the detention of children; and

      (b) Perform such other duties as the director of the department of juvenile justice services directs.

      (Added to NRS by 2003, 1041)

      NRS 62G.353  Background investigation required on applicants and employees; periodic additional investigations.

      1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

             (3) Assault with intent to kill or to commit sexual assault or mayhem;

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      (Added to NRS by 2013, 458)

      NRS 62G.355  Denial or termination of employment for conviction of certain crimes; correction of information concerning conviction.

      1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, the department of juvenile justice services may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.353, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing a department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      6.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.360.

      (Added to NRS by 2013, 459)

      NRS 62G.360  Demotion and dismissal of probation officers and other employees.

      1.  Pursuant to the provisions of this section, the director of the department of juvenile justice services may demote or dismiss, only for cause, any probation officer, employee of the department of juvenile justice services or employee of a local facility for the detention of children.

      2.  Before the director of the department of juvenile justice services may demote a probation officer or employee, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion; and

      (b) An opportunity to be heard before the director regarding the demotion.

      3.  Before the director of the department of juvenile justice services may dismiss a probation officer or employee with less than 12 months of service, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the dismissal; and

      (b) An opportunity to be heard before the director regarding the dismissal.

      4.  If a probation officer or employee with 12 months or more of service is dismissed pursuant to this section:

      (a) Not later than 15 days after the dismissal, the probation officer or employee may request a written statement from the director of the department of juvenile justice services specifically setting forth the reasons for the dismissal. The director shall provide the written statement to the probation officer or employee not later than 15 days after the date of the request.

      (b) Not later than 30 days after receipt of the written statement from the director, the probation officer or employee may make a written request for a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of such public hearings.

      (c) The probation officer or employee may appeal the decision of the probation committee to the board or boards of county commissioners.

      5.  The provisions of this section do not apply to a dismissal required by NRS 62G.355.

      (Added to NRS by 2003, 1041; A 2013, 461)

      NRS 62G.370  Nondisclosure of certain privileged information obtained by officer or employee of juvenile court; exceptions.  All information obtained in the discharge of an official duty by an officer or employee of the juvenile court is privileged and must not be disclosed other than to the juvenile court, the director of the department of juvenile justice services or any person who is authorized to receive that information pursuant to the provisions of this title, unless otherwise ordered by the juvenile court or permitted by the director.

      (Added to NRS by 2003, 1042)

SPECIAL SUPERVISION PROGRAM

      NRS 62G.400  “Special supervision program” defined.  As used in NRS 62G.400 to 62G.470, inclusive, “special supervision program” means a probation program established in any county which meets the standards prescribed by NRS 62G.400 to 62G.470, inclusive, for the rehabilitation of delinquent children and which includes:

      1.  A degree of supervision substantially above the usual; and

      2.  The use of new techniques rather than routine supervision techniques.

      (Added to NRS by 2003, 1083)

      NRS 62G.410  Declaration of state policy.

      1.  It is the policy of this state to effectuate a system of youth interventions, in a civil arena, to improve outcomes for juveniles, to diminish juvenile criminality, to facilitate juvenile accountability and to improve juvenile health and welfare, fairly and equally in the best interest of the child and in furtherance of the public welfare of the citizens of this state.

      2.  It is the purpose of NRS 62G.400 to 62G.470, inclusive, to reduce the necessity for commitment of delinquent children to a state facility for the detention of children by strengthening and improving local supervision of children placed on probation by the juvenile court.

      (Added to NRS by 2003, 1083; A 2013, 716)

      NRS 62G.420  Adoption of minimum standards for operation of special supervision programs and rules for administration.

      1.  The Department of Health and Human Services shall adopt:

      (a) Rules and regulations setting forth minimum standards for the operation of special supervision programs; and

      (b) Other rules as may be necessary for the administration of the provisions of NRS 62G.400 to 62G.470, inclusive.

      2.  The standards must be sufficiently flexible to foster the development of new and improved supervision practices and techniques.

      3.  In developing the standards, the Department of Health and Human Services shall seek advice from the appropriate officials in those counties that participate in a special supervision program.

      (Added to NRS by 2003, 1083)

      NRS 62G.430  State to share costs of supervision of certain children in special supervision programs.  From any legislative appropriation for such purpose and in accordance with the provisions of NRS 62G.400 to 62G.470, inclusive, the State of Nevada shall share the costs of supervising any delinquent child:

      1.  Who is supervised pursuant to a special supervision program; and

      2.  Who would otherwise be committed to a state facility for the detention of children.

      (Added to NRS by 2003, 1083)

      NRS 62G.440  Application for share of costs from State.

      1.  The juvenile court in each county may apply to the Department of Health and Human Services to have the State of Nevada share the costs of supervising any delinquent child in a special supervision program.

      2.  The application must:

      (a) Be in the form prescribed by the Department of Health and Human Services;

      (b) Include a plan or plans for providing special supervision programs; and

      (c) Include assurances that such funds will not be used to replace local funds for existing programs for delinquent children.

      3.  The Department of Health and Human Services shall not distribute any money to a juvenile court pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, until:

      (a) The Department approves the application of the juvenile court; and

      (b) The juvenile court has complied with the provisions of NRS 62G.400 to 62G.470, inclusive.

      (Added to NRS by 2003, 1083)

      NRS 62G.450  Determination of amount and allocation of state money to juvenile courts for special supervision programs.

      1.  The Department of Health and Human Services shall determine the applicable costs to the State of Nevada of supervising offenders in special supervision programs in calculating the amount of money to be distributed to each juvenile court.

      2.  The Department of Health and Human Services shall distribute money to each juvenile court proportionately on the basis of:

      (a) The population of the county within the jurisdiction of the juvenile court; and

      (b) Any other factors that the Department determines to be relevant in accordance with the regulations adopted pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive.

      3.  If a juvenile court does not submit an application to the Department of Health and Human Services pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, the Department may distribute the proportionate share that otherwise would have been distributed to that juvenile court to other juvenile courts in accordance with the regulations adopted pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive.

      (Added to NRS by 2003, 1083)

      NRS 62G.460  Authorized use of money received from State.

      1.  Except as otherwise provided in this section, each juvenile court shall use the money distributed by the Department of Health and Human Services pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, to:

      (a) Carry out the purposes of NRS 62G.400 to 62G.470, inclusive;

      (b) Employ necessary probation officers who shall carry caseloads substantially less than required for normal or routine supervision; and

      (c) Initiate new techniques and services of an innovative nature for delinquent children.

      2.  Any money which is distributed to a juvenile court pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, for any fiscal year beginning on or after July 1, 1991, and which represents an increase over the amount distributed to the juvenile court pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, for the fiscal year ending June 30, 1991:

      (a) Must not be used to offset the salaries of governmental employees.

      (b) May be used only for the purchase of goods, property or services necessary to carry out the purposes of NRS 62G.400 to 62G.470, inclusive.

      (Added to NRS by 2003, 1084)

      NRS 62G.470  Report on special supervision programs.

      1.  Each juvenile court receiving funds pursuant to the provisions of NRS 62G.400 to 62G.470, inclusive, shall report to the Department of Health and Human Services, on or before July 1 and December 31 of each year, the experience and results of the juvenile court in complying with the purposes of NRS 62G.400 to 62G.470, inclusive.

      2.  The Department of Health and Human Services shall compile such reports and submit them to the Legislature upon its convening in regular session.

      (Added to NRS by 2003, 1084)