AB89 - Imposes certain requirements relating to unclothed searches of children at certain juvenile justice facilities. (BDR 5-496)

- 83rd Session (2025) Assembly Bill No. 89–Committee on Judiciary CHAPTER.......... AN ACT relating to juvenile justice; requiring certain facilities to which a juvenile court commits a child to adopt and implement certain policies and procedures relating to unclothed searches of children who are detained in or committed to the facility; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides certain rights to children who are detained in a detention facility, including, without limitation, the right to be: (1) treated with basic human dignity and respect, without intentional infliction of humiliation; and (2) free from searches conducted for the purpose of harassment, punishment or discipline. (NRS 62B.510) Section 1 of this bill requires each regional facility for the treatment and rehabilitation of children and local facility for the detention of children to adopt and implement policies and procedures concerning unclothed searches of children who are detained in or committed to the facility. Section 1 requires any such policy or procedure to: (1) prohibit unclothed searches of children who are detained in or committed to such a facility, except under certain circumstances; and (2) include certain requirements governing any unclothed search of a child who is detained in or committed to such a facility. Section 2 of this bill imposes the same requirements on each state facility for the detention of children. 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. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows: 1. Each facility shall adopt and implement policies and procedures concerning unclothed searches of children who are detained in or committed to the facility. The policies and procedures must: (a) Prohibit an employee from conducting an unclothed search of a child unless the employee reasonably suspects that the child possesses or has immediate access to a weapon or contraband and the employee has exhausted all available, less intrusive methods of identifying any such item, including, without limitation, search techniques that allow the child to remain fully clothed; (b) Require the physical presence of at least two employees of the facility for the entire duration of any unclothed search of a child and, to the greatest extent practicable, that the employees be of the same gender as the child; and – 2 – - 83rd Session (2025) (c) Include, without limitation, a requirement that the employee who has primary responsibility for an unclothed search of a child who is detained in or committed to the facility submit to the administrator or director of the facility a written report concerning the search. 2. A written report submitted pursuant to subsection 1 must: (a) Be submitted not later than 72 hours after the search occurs; and (b) Include a description of the search and any other information requested by the administrator or director, as applicable. 3. As used in this section: (a) “Facility” means a regional facility for the treatment and rehabilitation of children or a local facility for the detention of children. (b) “Unclothed search” means a search that requires a person to remove or arrange some clothing so as to permit a visual inspection of the person’s breasts, buttocks or genitalia. Sec. 2. Chapter 63 of NRS is hereby amended by adding thereto a new section to read as follows: 1. The superintendent of a facility shall adopt and implement policies and procedures concerning unclothed searches of children who are detained in the facility. The policies and procedures must: (a) Prohibit an employee from conducting an unclothed search of a child unless the employee reasonably suspects that the child possesses or has immediate access to a weapon or contraband and the employee has exhausted all available, less intrusive methods of identifying any such item, including, without limitation, search techniques that allow the child to remain fully clothed; (b) Require the physical presence of at least two employees of the facility for the entire duration of any unclothed search of a child and, to the greatest extent practicable, that the employees be of the same gender as the child; and (c) Include, without limitation, a requirement that the employee who has primary responsibility for an unclothed search of a child who is detained in or committed to the facility submit to the superintendent of the facility a written report concerning the search. 2. A written report submitted pursuant to subsection 1 must: (a) Be submitted not later than 72 hours after the search occurs; and – 3 – - 83rd Session (2025) (b) Include a description of the search and any other information requested by the superintendent. 3. As used in this section, “unclothed search” means a search that requires a person to remove or arrange some clothing so as to permit a visual inspection of the person’s breasts, buttocks or genitalia. Sec. 3. 1. This section becomes effective upon passage and approval. 2. Sections 1 and 2 of this act become effective: (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On October 1, 2025, for all other purposes. 20 ~~~~~ 25