AB88 - Revises provisions relating to juvenile justice. (BDR 5-495)

- 83rd Session (2025) Assembly Bill No. 88–Committee on Judiciary CHAPTER.......... AN ACT relating to juvenile justice; revising provisions relating to the authority of a juvenile court to place a child under informal supervision under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, if, after a complaint is made alleging that a child is delinquent or in need of supervision, the district attorney files a petition with the juvenile court, the juvenile court may dismiss the petition without prejudice and refer the child to a probation officer for informal supervision if: (1) the child voluntarily admits participation in the acts alleged in the complaint; and (2) the district attorney gives written approval for the placement of the child under informal supervision, if any of the acts alleged in the complaint are unlawful acts that would have constituted a gross misdemeanor or felony if committed by an adult. (NRS 62C.200, 62C.230) This bill removes these requirements and instead authorizes, with certain exceptions, the juvenile court to dismiss a petition without prejudice and refer such a child to a probation officer for informal supervision if the child voluntarily admits participation in the acts alleged in the petition and: (1) all parties agree to informal supervision; or (2) the juvenile court finds, after a hearing on the matter, that informal supervision is appropriate. This bill provides that the juvenile court may not refer such a child to a probation officer for informal supervision if the petition filed against the child contains an allegation that the child committed an unlawful act which, if committed by an adult, would have constituted certain felonies. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) Sec. 2. NRS 62C.230 is hereby amended to read as follows: 62C.230 1. If the district attorney files a petition with the juvenile court, the juvenile court may: (a) [Dismiss] Except as otherwise provided in subsection 4, dismiss the petition without prejudice and refer the child to the probation officer for informal supervision [pursuant to NRS 62C.200;] if the child voluntarily admits participation in the acts alleged in the petition and if: (1) All parties agree to informal supervision; or (2) The juvenile court finds, after a hearing on the matter, that informal supervision is appropriate; or – 2 – - 83rd Session (2025) (b) Place the child under the supervision of the juvenile court pursuant to a supervision and consent decree, without a formal adjudication of delinquency, if the juvenile court receives: (1) The recommendation of the probation officer; (2) The written approval of the district attorney; and (3) The written consent and approval of the child and the parent or guardian of the child. 2. If a child is placed under the supervision of the juvenile court pursuant to a supervision and consent decree, the juvenile court may dismiss the petition if the child successfully completes the terms and conditions of the supervision and consent decree. 3. If the petition is dismissed pursuant to subsection 2: (a) The child may respond to any inquiry concerning the proceedings and events which brought about the proceedings as if they had not occurred; and (b) The records concerning a supervision and consent decree may be considered in a subsequent proceeding before the juvenile court regarding that child. 4. The juvenile court may not refer a child to a probation officer for informal supervision pursuant to paragraph (a) of subsection 1 if the petition filed against the child contains allegations that the child committed an unlawful act which, if committed by an adult, would have constituted: (a) A category A felony; or (b) Any other felony involving the use or threatened use of force or violence. 20 ~~~~~ 25