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- 83rd Session (2025)
Senate Bill No. 241–Committee on Judiciary
CHAPTER..........
AN ACT relating to juvenile justice; revising provisions limiting the
period during which a juvenile court may place a child on
probation; authorizing the juvenile court to terminate the
probation of a child who has failed to make full restitution
under certain circumstances; prescribing the procedure to be
used by the juvenile court in determining whether to suspend,
modify or revoke the probation of a child; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a juvenile court to place a child on probation under
certain circumstances. With certain exceptions, existi ng law prohibits a juvenile
court from placing a child on probation for a period of more than 18 months for
each unlawful act for which the child is adjudicated delinquent, placed under the
supervision of the juvenile court or placed under informal supervi sion. (NRS
62E.708) Section 1 of this bill removes language that ties the period during which a
juvenile court may place a child on probation to each unlawful act for which the
child is adjudicated delinquent . Section 1 thereby prohibits a juvenile court f rom
placing a child on probation for a period of more than 18 months, regardless of the
number of unlawful acts for which the child is adjudicated delinquent, unless an
exception applies.
Existing law authorizes the juvenile court to enter a civil judgme nt against a
child or a parent or guardian of a child for any amount of restitution that remains
unpaid after the time established by the juvenile court for its payment. (NRS
62B.420) Under existing law, the juvenile court retains jurisdiction over a child ,
parent or guardian against whom a civil judgment is entered, regardless of whether
the period of probation of the child has been terminated. (NRS 62B.420, 62E.708)
Section 1 authorizes the juvenile court to terminate the period of probation of a
child wh o has failed to make full restitution but has otherwise fulfilled the
conditions of his or her probation. If the juvenile court terminates the period of
probation of a child who has failed to make full restitution pursuant to section 1,
existing law authorizes the juvenile court to enter a civil judgment against the child
or the parent or guardian of the child for the amount due in favor of the victim.
(NRS 62B.420)
Existing law prescribes the procedure to be used by the juvenile court in
determining wheth er to suspend, modify or revoke the parole of a child who
violates the terms and conditions of his or her parole. Under existing law, pursuant
to this procedure, the juvenile court must: (1) hold a hearing to determine whether
to suspend, modify or revoke the parole of the child; (2) render a decision within 10
days after the conclusion of the hearing; and (3) comply with certain other
requirements. (NRS 63.770) Existing law authorizes the juvenile court to order a
child who violates the terms of his or her probation to be placed in a facility for the
detention of children or county jail for not more than 30 days for the violation.
(NRS 62E.710) Section 2 of this bill establishes the procedure to be used by the
juvenile court when a child violates the condit ions of his or her probation which is
similar to the procedure established for violations of parole. Section 2 thereby
requires the juvenile court to hold a hearing before ordering a child who violates
the conditions of his or her probation to be placed in a facility for the detention of
children or county jail.
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- 83rd Session (2025)
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. NRS 62E.708 is hereby amended to read as
follows:
62E.708 1. A juvenile court may place a child on probation
in accordance with the provisions of this section.
2. The juvenile court shall consider the report prepared by the
department of juvenile services pursuant to NRS 62E.506 when
determining whether to place a child on probation and the period of
any such probation.
3. Except as otherwise provided in this section or as expressly
authorized by specific statute or federal law:
(a) A juvenile court shall not place a child on probation for a
period of more than 18 months . [for each unlawful act for which] If
the juvenile court adjudicates a child [is adjudicated delinquent,
placed under the supervision of the juvenile court pursuant to a
supervision and consent decree, or placed under informal
supervision. The provisions of this paragraph do not apply to a
violation] delinquent for more than one unlawful act at the same
time, the terms of probation [or parole.] must run concurrently, not
consecutively, for all unlawful act s for which the child is
adjudicated delinquent.
(b) A juvenile court may order one or more extensions of the
probation of a child if the juvenile court finds, based on a
preponderance of evidence presented at a hearing on the matter, that
such an extensi on is advisable, considering the individualized case
plan for the child developed pursuant to NRS 62E.507. Except as
otherwise authorized by specific statute or federal law, no single
extension of the probation of a child may be for a period of more
than 6 months.
(c) A juvenile court may not extend the probation of any child if
the extension results in the child being on probation for a total
period of more than 36 months . [for each unlawful act for which the
child is subject to the jurisdiction of the juvenile court, unless the act
relates to a violation of the conditions of probation.]
4. A juvenile court may extend the probation of a child beyond
the period prescribed by paragraph (c) of subsection 3 if the child,
the parent or guardian of the child , the attorney for the child, the
probation officer of the child and the district attorney agree to the
extension.
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- 83rd Session (2025)
5. Notice of any hearing by a juvenile court relating to the
extension of the probation of a child must be given to the child,
the parent or guardian of the child, the attorney for the child and the
probation officer of the child.
6. At any hearing of a juvenile court relating to the extension
of the probation of a child, the juvenile court must:
(a) Allow the parties a reasonable opport unity to present
evidence and testimony; and
(b) Consider the:
(1) Report of the probation officer of the child relating to the
issue of whether the juvenile court should extend the probation of
the child;
(2) Report prepared by the department of juve nile services
pursuant to NRS 62E.506; and
(3) Individualized case plan for the child developed pursuant
to NRS 62E.507.
7. The period of probation of a child is tolled during any period
in which a writ of attachment is issued for the child pursuant t o
NRS 62C.010.
8. The juvenile court may terminate the period of probation
of a child who has failed to make full restitution as ordered by the
juvenile court but has otherwise fulfilled the conditions of his or
her probation for the entire period of his or her probation. Any
amount of restitution that remains unpaid by a child or a parent or
guardian of a child after the termination of probation constitutes a
civil liability, and the juvenile court retains jurisdiction over any
civil judgment issued a gainst the child or a parent or guardian of
the child pursuant to NRS 62B.420.
9. Notwithstanding the termination of any period of probation
ordered by the juvenile court, the juvenile court retains jurisdiction
in accordance with the provisions of NRS 62B.420.
10. The provisions of this section do not apply to a violation
of the conditions of probation. The juvenile court shall hold a
hearing pursuant to NRS 62E.710 before suspending, modifying
or revoking the probation of a child.
Sec. 2. NRS 62E.710 is hereby amended to read as follows:
62E.710 [The]
1. A petition may be filed with the juvenile court to request
that the probation of a child be suspended, modified or revoked for
a violation of the conditions of probation.
2. Pending a hearing, the juvenile court may:
(a) Order that the child be held in a facility for the detention of
children; or
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- 83rd Session (2025)
(b) If the child was previously committed to a regional facility
for the detention of children, order that the child remain at the
facility.
3. If requested, the juvenile court shall allow the child
reasonable time to prepare for the hearing.
4. The juvenile court shall render a decision within 10 days
after the conclusion of the hearing.
5. In determining whether to suspend, modify or revoke the
probation of a child, the juvenile court shall consider:
(a) The report prepared by the department of juvenile services
pursuant to NRS 62E.506;
(b) Any previous history of violations of the conditions of
probation;
(c) The severity of the current violation of the child;
(d) The previous responses by the child to past violations of the
conditions of probation;
(e) The status of any court order concerning the child; and
(f) The extent to which the child has followed the requirements
and expectations set forth in the case plan developed pursuant to
NRS 62E.507.
6. Following the hearing, the juvenile court may order any
child who is:
[1.] (a) Less than 18 years of age and who has been adjudicated
delinquent and placed on probation by the juv enile court to be
placed in a facility for the detention of children for not more than 30
days for the violation of probation.
[2.] (b) At least 18 years of age but less than 21 years of age
and who has been placed on probation by the juvenile court or who
has been released on parole to be placed in a county jail for not
more than 30 days for the violation of probation or parole.
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