Nrs: Chapter 62H - Records Related To Children

Link to law: https://www.leg.state.nv.us/NRS/NRS-062H.html
Published: 2015

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[Rev. 11/21/2013 9:16:28

AM--2013]



CHAPTER 62H - RECORDS RELATED TO CHILDREN

COLLECTION AND DISCLOSURE OF INFORMATION

NRS 62H.010          Fingerprinting

or photographing of child who is in custody; conditions and limitations on use

and retention of fingerprints and photographs; penalty.

NRS 62H.020          Publication

or broadcast of name or race of child and nature of charges.

NRS 62H.025          Maintenance

and release of juvenile justice information by certain agencies.

NRS 62H.030          Maintenance

and inspection of records.

NRS 62H.040          Release

of child’s name for use in civil action.

SEALING AND UNSEALING OF RECORDS

NRS 62H.100          “Records”

defined.

NRS 62H.110          Applicability

of provisions.

NRS 62H.120          Explanation

of certain information concerning sealing of records to be included in court

order.

NRS 62H.130          Procedure

for sealing records of child who is less than 21 years of age.

NRS 62H.140          Automatic

sealing of records when child reaches 21 years of age; exception.

NRS 62H.150          Limitations

on sealing records related to certain delinquent acts.

NRS 62H.160          Procedure

for sealing records of child: Duties of juvenile court and other public

officers and agencies.

NRS 62H.170          Effect

of sealing records; inspection of sealed records in certain circumstances.

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

NRS 62H.200          Division

of Child and Family Services to establish standardized system for collecting

and analyzing information concerning juvenile justice; regulations.

NRS 62H.210          Information

to be collected by standardized system regarding children referred to system of

juvenile justice; confidentiality.

NRS 62H.220          Division

of Child and Family Services to collect certain information regarding child

adjudicated delinquent for sexual offense; confidentiality.

NRS 62H.230          Probation

departments to analyze information submitted to standardized system annually

and compile reports concerning disparate treatment of children; Division of

Child and Family Services to publish reports annually.

DATA CONCERNING JUVENILE SEX OFFENDERS

NRS 62H.300          Legislative

findings and declarations.

NRS 62H.310          Definitions.

NRS 62H.320          Director

of Department of Health and Human Services to establish program to compile and

analyze data concerning juvenile sex offenders.

_________

_________

 

COLLECTION AND DISCLOSURE OF INFORMATION

      NRS 62H.010  Fingerprinting or photographing of child who is in custody;

conditions and limitations on use and retention of fingerprints and

photographs; penalty.

      1.  The fingerprints of a child must be

taken if the child is in custody for an unlawful act that, if committed by an

adult, would have been:

      (a) A felony, gross misdemeanor or sexual

offense; or

      (b) A misdemeanor and the unlawful act involved:

             (1) The use or threatened use of force or

violence against the victim; or

             (2) The possession, use or threatened use

of a firearm or a deadly weapon.

      2.  The fingerprints of a child who is in

custody but who is not subject to the provisions of subsection 1 may be taken

if a law enforcement officer finds latent fingerprints during the investigation

of an offense and the officer has reason to believe that the latent

fingerprints are those of the child. The officer shall use the fingerprints

taken from the child to make an immediate comparison with the latent

fingerprints. If the comparison is:

      (a) Negative, the fingerprint card and other

copies of the fingerprints taken may be immediately destroyed or may be

retained for future use.

      (b) Positive, the fingerprint card and other

copies of the fingerprints:

             (1) Must be delivered to the juvenile court

for disposition if the child is referred to the juvenile court.

             (2) May be immediately destroyed or may be

retained for future use if the child is not referred to the juvenile court.

      3.  Fingerprints that are taken from a

child pursuant to the provisions of this section:

      (a) May be retained in a local file or a local

system for the automatic retrieval of fingerprints if they are retained under

special security measures that limit inspection of the fingerprints to law

enforcement officers who are conducting criminal investigations. If the child

from whom the fingerprints are taken subsequently is not adjudicated

delinquent, the parent or guardian of the child or, when the child becomes at

least 18 years of age, the child may petition the juvenile court for the

removal of the fingerprints from any local file or local system.

      (b) Must be submitted to the Central Repository

if the child is adjudicated delinquent for an unlawful act that would have been

a felony or a sexual offense if committed by an adult, and may be submitted to

the Central Repository for any other act. Any such fingerprints submitted to

the Central Repository must be submitted with a description of the child and

the unlawful act, if any, that the child committed. The Central Repository

shall retain the fingerprints and information of the child under special security

measures that limit inspection of the fingerprints and the information to:

             (1) Law enforcement officers who are

conducting criminal investigations; and

             (2) Officers and employees of the Central

Repository who are assisting law enforcement officers with criminal

investigations or who are conducting research or performing a statistical

analysis.

      (c) Must not be submitted to the Federal Bureau

of Investigation unless the child is adjudicated delinquent for an unlawful act

that would have been a felony or a sexual offense if committed by an adult.

      4.  A child who is in custody must be

photographed for the purpose of identification. Except as otherwise provided in

this subsection, the photographs of the child must be kept in the file

pertaining to the child under special security measures which provide that the

photographs may be inspected only to conduct criminal investigations and

photographic lineups. If the juvenile court subsequently determines that the

child is not delinquent, the juvenile court shall order the photographs to be

destroyed.

      5.  Any person who willfully violates any

provision of this section is guilty of a misdemeanor.

      6.  As used in this section, “sexual

offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault

pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor

pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body

pursuant to NRS 201.450;

      (j) Luring a child or person with mental illness

pursuant to NRS 201.560, if punishable

as a felony;

      (k) An attempt to commit an offense listed in

paragraphs (a) to (j), inclusive; or

      (l) An offense that is determined to be sexually

motivated pursuant to NRS 175.547.

      (Added to NRS by 2003, 1088; A 2003, 1379; 2013, 1157)

      NRS 62H.020  Publication or broadcast of name or race of child and nature of

charges.

      1.  A news medium may not publish,

broadcast or air the name or race of any child connected with any proceeding

conducted pursuant to the provisions of this title without a written order of

the juvenile court unless:

      (a) The proceeding has been opened to the public

pursuant to NRS 62D.010; or

      (b) The release of the information is authorized

pursuant to subsection 2.

      2.  An officer or employee of the juvenile

court may release to a news medium the name of a child and the nature of the

charges against the child, and any news medium may publish, broadcast or air

such information if:

      (a) The child has been adjudicated delinquent on

at least one prior occasion for an unlawful act which would have been a felony

if committed by an adult and which resulted in death or serious bodily injury,

and the child is charged with committing another unlawful act which would have

been a felony if committed by an adult; or

      (b) The child has been adjudicated delinquent on

at least two prior occasions for unlawful acts which would have been felonies

if committed by an adult, and the child is charged with committing another

unlawful act which would have been a felony if committed by an adult.

      (Added to NRS by 2003, 1090)

      NRS 62H.025  Maintenance and release of juvenile justice information by certain

agencies.

      1.  Juvenile justice information must be

maintained in accordance with federal law, and any provision of federal law

authorizing the release of juvenile justice information must be construed as

broadly as possible in favor of the release of juvenile justice information.

      2.  For the purpose of ensuring the safety,

permanent placement, rehabilitation, educational success and well-being of a

child, a director of juvenile services or the Chief of the Youth Parole Bureau,

or his or her designee, may, upon written request and good cause shown, share

appropriate juvenile justice information with:

      (a) A director of juvenile services or his or her

designee;

      (b) The Chief of the Youth Parole Bureau or his

or her designee;

      (c) A district attorney or his or her designee;

      (d) An attorney representing the child;

      (e) The director of a state agency which

administers juvenile justice or his or her designee;

      (f) A director of a state, regional or local

facility for the detention of children or his or her designee;

      (g) The director of an agency which provides

child welfare services or his or her designee;

      (h) A guardian ad litem or court appointed

special advocate who represents the child;

      (i) A parent or guardian of the child if the

release of the information to the parent or guardian is consistent with the

purposes of this section; or

      (j) The child to whom the juvenile justice

information pertains if the child has reached the age of majority.

      3.  A written request for juvenile justice

information pursuant to subsection 2 may be made only for the purpose of

determining the appropriate placement of the child pursuant to the provisions

of chapter 432B of NRS, the appropriate

treatment or services to be provided to the child or the appropriate conditions

of probation or parole to be imposed on the child. The written request must

state the reason that the juvenile justice information is requested. A written

request for juvenile justice information may be refused if:

      (a) The request does not demonstrate good cause

for the release of the information; or

      (b) The release of the information would cause

material harm to the child or would prejudice any court proceeding to which the

child is subject.

Ê A refusal

pursuant to this subsection must be made in writing to the person or entity

requesting the information not later than 3 days after receipt of the request,

excluding Saturdays, Sundays and holidays.

      4.  Any juvenile justice information

provided pursuant to this section is confidential, must be provided only to

those persons listed in subsection 2 and must be maintained in accordance with

any applicable laws and regulations.

      5.  Any juvenile justice information

provided pursuant to this section may not be used to deny a child access to any

service for which the child would otherwise be eligible, including, without

limitation:

      (a) Educational services;

      (b) Social services;

      (c) Mental health services;

      (d) Medical services; or

      (e) Legal services.

      6.  A director of juvenile services or the

Chief of the Youth Parole Bureau, or his or her designee, may release juvenile

justice information:

      (a) In the aggregate and without personal

identifying information included, to a person engaged in bona fide research

that may be used to improve juvenile justice services or secure additional

funding for juvenile justice services.

      (b) As deemed necessary by a legislative body of

this State or a local government in this State to conduct an audit or proper

oversight of any department, agency or office providing services related to

juvenile justice.

      7.  As used in this section, “juvenile

justice information” means any information maintained by a director of juvenile

services or the Chief of the Youth Parole Bureau, or his or her designee, which

is directly related to a child in need of supervision, a delinquent child or

any other child who is otherwise subject to the jurisdiction of the juvenile

court.

      (Added to NRS by 2013, 519)

      NRS 62H.030  Maintenance and inspection of records.

      1.  The juvenile court shall make and keep

records of all cases brought before the juvenile court.

      2.  Except as otherwise provided in this

section and NRS 217.110, records of any

case brought before the juvenile court may be opened to inspection only by

court order to persons who have a legitimate interest in the records.

      3.  The following records and information

may be opened to inspection without a court order:

      (a) Records of traffic violations which are being

forwarded to the Department of Motor Vehicles;

      (b) Records which have not been sealed and which

are required by the Division of Parole and Probation for preparation of

presentence investigations and reports pursuant to NRS 176.135 or general investigations and

reports pursuant to NRS 176.151;

      (c) Records which have not been sealed and which

are to be used, pursuant to chapter 179D of

NRS, by:

             (1) The Central Repository;

             (2) The Division of Parole and Probation;

or

             (3) A person who is conducting an

assessment of the risk of recidivism of an adult or juvenile sex offender;

      (d) Information maintained in the standardized

system established pursuant to NRS 62H.200; and

      (e) Information that must be collected by the

Division of Child and Family Services pursuant to NRS

62H.220.

      4.  The clerk of the court shall prepare

and cause to be printed forms for social and legal records and other papers as

may be required.

      (Added to NRS by 2003, 1090; A 2005, 62)

      NRS 62H.040  Release of child’s name for use in civil action.

      1.  If a child has committed an act which

subjects the child to the jurisdiction of the juvenile court and which may form

the basis of a civil action, a person who, in good faith, intends to bring or

has brought the civil action or any other person who is a party to the civil

action may petition the juvenile court for release of the child’s name.

      2.  If the person who petitions the

juvenile court makes a satisfactory showing that the person intends, in good

faith, to use the child’s name in the civil action, the juvenile court shall

order the release of the child’s name and authorize its use in the civil

action.

      (Added to NRS by 2003, 1090)

SEALING AND UNSEALING OF RECORDS

      NRS 62H.100  “Records” defined.

      1.  As used in NRS

62H.100 to 62H.170, inclusive, unless the

context otherwise requires, “records” means any records relating to a child who

is within the purview of this title and who:

      (a) Is taken into custody by a peace officer or a

probation officer or is otherwise taken before a probation officer; or

      (b) Appears before the juvenile court or any

other court pursuant to the provisions of this title.

      2.  The term includes records of arrest.

      (Added to NRS by 2003, 1091)

      NRS 62H.110  Applicability of provisions.  The

provisions of NRS 62H.100 to 62H.170, inclusive, do not apply to:

      1.  Information maintained in the

standardized system established pursuant to NRS

62H.200;

      2.  Information that must be collected by

the Division of Child and Family Services pursuant to NRS

62H.220;

      3.  Records that are subject to the

provisions of NRS 62F.260; or

      4.  Records relating to a traffic offense

that would have been a misdemeanor if committed by an adult.

      (Added to NRS by 2003, 1091)

      NRS 62H.120  Explanation of certain information concerning sealing of records

to be included in court order.  Any

decree or order entered concerning a child within the purview of this title

must contain, for the benefit of the child, an explanation of the contents of NRS 62H.100 to 62H.170,

inclusive, and, if applicable, NRS

62F.260.

      (Added to NRS by 2003, 1091)

      NRS 62H.130  Procedure for sealing records of child who is less than 21 years

of age.

      1.  If a child is less than 21 years of

age, the child or a probation officer on behalf of the child may petition the

juvenile court for an order sealing all records relating to the child. The

petition may be filed not earlier than 3 years after the child:

      (a) Was last adjudicated in need of supervision

or adjudicated delinquent; or

      (b) Was last referred to the juvenile court,

Ê whichever is

later.

      2.  If a petition is filed pursuant to this

section, the juvenile court shall notify the district attorney and, if a

probation officer is not the petitioner, the chief probation officer.

      3.  The district attorney and the chief

probation officer, or any of their deputies, or any other person who has

evidence that is relevant to consideration of the petition may testify at the

hearing on the petition.

      4.  After the hearing on the petition, the

juvenile court shall enter an order sealing all records relating to the child

if the juvenile court finds that:

      (a) During the applicable 3-year period, the

child has not been convicted of a felony or of any misdemeanor involving moral

turpitude; and

      (b) The child has been rehabilitated to the

satisfaction of the juvenile court.

      (Added to NRS by 2003, 1091)

      NRS 62H.140  Automatic sealing of records when child reaches 21 years of age;

exception.  Except as otherwise

provided in NRS 62H.150, when a child reaches 21

years of age, all records relating to the child must be sealed automatically.

      (Added to NRS by 2003, 1091)

      NRS 62H.150  Limitations on sealing records related to certain delinquent

acts.

      1.  If a child is adjudicated delinquent

for an unlawful act listed in subsection 6 and the records relating to that

unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age,

those records must not be sealed before the child reaches 30 years of age.

      2.  After the child reaches 30 years of

age, the child may petition the juvenile court for an order sealing those

records.

      3.  If a petition is filed pursuant to this

section, the juvenile court shall notify the district attorney and the chief

probation officer.

      4.  The district attorney and the chief

probation officer, or any of their deputies, or any other person who has

evidence that is relevant to consideration of the petition may testify at the

hearing on the petition.

      5.  After the hearing on the petition, the

juvenile court may enter an order sealing the records relating to the child if

the juvenile court finds that, during the period since the child reached 21

years of age, the child has not been convicted of any offense, except for minor

moving or standing traffic offenses.

      6.  The provisions of this section apply to

any of the following unlawful acts:

      (a) An unlawful act which, if committed by an

adult, would have constituted:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Battery with intent to commit sexual

assault pursuant to NRS 200.400; or

             (3) Lewdness with a child pursuant to NRS 201.230.

      (b) An unlawful act which would have been a

felony if committed by an adult and which involved the use or threatened use of

force or violence.

      (Added to NRS by 2003, 1092)

      NRS 62H.160  Procedure for sealing records of child: Duties of juvenile court

and other public officers and agencies.

      1.  If the juvenile court enters an order

sealing the records relating to a child or the records are sealed

automatically, all records relating to the child must be sealed that are in the

custody of:

      (a) The juvenile court or any other court;

      (b) A probation officer, probation department or

law enforcement agency; or

      (c) Any other public officer or agency.

      2.  If the juvenile court enters an order

sealing the records relating to a child, the juvenile court shall send a copy

of the order to each public officer or agency named in the order. Not later

than 5 days after receipt of the order, each public officer or agency shall:

      (a) Seal the records in the custody of the public

officer or agency, as directed by the order;

      (b) Advise the juvenile court of compliance with

the order; and

      (c) Seal the copy of the order received by the

public officer or agency.

      (Added to NRS by 2003, 1092)

      NRS 62H.170  Effect of sealing records; inspection of sealed records in

certain circumstances.

      1.  Except as otherwise provided in this

section, if the records of a person are sealed:

      (a) All proceedings recounted in the records are

deemed never to have occurred; and

      (b) The person may reply accordingly to any inquiry

concerning the proceedings and the acts which brought about the proceedings.

      2.  The juvenile court may order the

inspection of records that are sealed if:

      (a) The person who is the subject of the records

petitions the juvenile court to permit the inspection of the records by the

persons named in the petition;

      (b) An agency charged with the medical or

psychiatric care of the person who is the subject of the records petitions the

juvenile court to permit the inspection of the records by the agency;

      (c) A district attorney or an attorney

representing a defendant in a criminal action petitions the juvenile court to

permit the inspection of the records to obtain information relating to the

persons who were involved in the acts detailed in the records; or

      (d) The juvenile court determines that the

inspection of the records is necessary to:

             (1) Perform bona fide outcome and

recidivism studies;

             (2) Further bona fide research to

determine the effectiveness of juvenile justice services;

             (3) Improve the delivery of juvenile

justice services; or

             (4) Obtain additional resources for the

delivery of juvenile justice services.

Ê Personal

identifying information contained in records inspected pursuant to this

paragraph must remain confidential in a manner consistent with any applicable

laws and regulations.

      3.  Upon its own order, any court of this

State may inspect records that are sealed if the records relate to a person who

is less than 21 years of age and who is to be sentenced by the court in a

criminal proceeding.

      (Added to NRS by 2003, 1092; A 2013, 520)

STANDARDIZED SYSTEM FOR REPORTING INFORMATION

      NRS 62H.200  Division of Child and Family Services to establish standardized

system for collecting and analyzing information concerning juvenile justice;

regulations.

      1.  The Division of Child and Family

Services shall:

      (a) Establish a standardized system for the

reporting, collection, analysis, maintenance and retrieval of information

concerning juvenile justice in this State.

      (b) Be responsible for the retrieval and analysis

of the categories of information contained in the standardized system and the

development of any reports from that information.

      (c) Adopt such regulations as are necessary to

carry out the provisions of this section, including requirements for the

transmittal of information to the standardized system from the juvenile courts,

local juvenile probation departments and the staff of the youth correctional

services, as directed by the Department of Health and Human Services.

      2.  Each juvenile court and local juvenile

probation department and the staff of the youth correctional services, as

directed by the Department of Health and Human Services, shall comply with the

regulations adopted pursuant to this section.

      (Added to NRS by 2003, 1093)

      NRS 62H.210  Information to be collected by standardized system regarding

children referred to system of juvenile justice; confidentiality.

      1.  Except as otherwise provided in

subsection 3, the standardized system established pursuant to NRS 62H.200 must collect, categorize and maintain the

following information from the juvenile courts, local juvenile probation

departments and the staff of the youth correctional services, as directed by

the Department of Health and Human Services, regarding each child referred to

the system of juvenile justice in this State:

      (a) A unique number assigned to the child for

identification;

      (b) Basic demographic information regarding the

child, including, but not limited to:

             (1) The age, sex and race or other ethnic

background of the child;

             (2) The composition of the household in

which the child resides; and

             (3) The economic background of the child;

      (c) The charges for which the child is referred;

      (d) The dates of any detention of the child;

      (e) The nature of the disposition of each

referral of the child;

      (f) The dates any petitions are filed regarding

the child, and the charges set forth in those petitions; and

      (g) The disposition of any petitions filed

regarding the child, including any applicable findings.

      2.  In addition to the information required

pursuant to subsection 1 and except as otherwise provided in subsection 3, the

Department of Health and Human Services shall require the staff of the youth

correctional services to collect and transmit the following information to the

standardized system regarding each child committed to or otherwise placed in

the custody of the Division of Child and Family Services:

      (a) A record of each placement of the child,

including, but not limited to, the period of each placement and the services

provided to the child during each placement;

      (b) The dates of each release of the child,

including any release of the child on parole;

      (c) If the child is released on parole, the

period of each release and the services provided to the child during each

release; and

      (d) The nature of or reason for each discharge of

the child from the custody of the Division of Child and Family Services.

      3.  The information maintained in the

standardized system must not include the name or address of any person.

      (Added to NRS by 2003, 1093)

      NRS 62H.220  Division of Child and Family Services to collect certain

information regarding child adjudicated delinquent for sexual offense;

confidentiality.

      1.  For each child adjudicated delinquent

for an unlawful act that would have been a sexual offense if committed by an

adult, the Division of Child and Family Services shall collect from the

juvenile courts, local juvenile probation departments and the staff of the

youth correctional services, as directed by the Department of Health and Human

Services:

      (a) The information listed in NRS 62H.210;

      (b) The name of the child; and

      (c) All information concerning programs of

treatment in which the child participated that:

             (1) Were directly related to the

delinquent act committed by the child; or

             (2) Were designed or utilized to prevent

the commission of another such act by the child in the future.

      2.  The Division of Child and Family

Services shall provide the information collected pursuant to subsection 1 to

the Director of the Department of Health and Human Services for use in the

program established pursuant to NRS 62H.300, 62H.310 and 62H.320.

      3.  Except as otherwise provided in NRS 239.0115, all information containing

the name of the child and all information relating to programs of treatment in

which the child participated is confidential and must not be used for a purpose

other than that provided for in this section and NRS

62H.320.

      4.  As used in this section, “sexual

offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault

pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor

pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body

pursuant to NRS 201.450;

      (j) Luring a child using a computer, system or

network pursuant to NRS 201.560, if

punished as a felony;

      (k) Annoyance or molestation of a minor pursuant

to NRS 207.260;

      (l) An attempt to commit an offense listed in

paragraphs (a) to (k), inclusive;

      (m) An offense that is determined to be sexually

motivated pursuant to NRS 175.547; or

      (n) An offense committed in another jurisdiction

that, if committed in this State, would have been an offense listed in this

subsection.

      (Added to NRS by 2003, 1094; A 2007, 2068; 2009, 1842;

2013, 1159)

      NRS 62H.230  Probation departments to analyze information submitted to

standardized system annually and compile reports concerning disparate treatment

of children; Division of Child and Family Services to publish reports annually.

      1.  On or before January 31 of each year,

each local juvenile probation department shall:

      (a) Analyze the information it submitted to the

standardized system during the previous year pursuant to NRS 62H.210 to determine whether children of racial

or ethnic minorities and children from economically disadvantaged homes are

receiving disparate treatment in the system of juvenile justice in comparison

to the general population;

      (b) As necessary, develop appropriate

recommendations to address any disparate treatment; and

      (c) Prepare and submit to the Division of Child

and Family Services a report which includes:

             (1) The results of the analysis it

conducted pursuant to paragraph (a); and

             (2) Any recommendations it developed

pursuant to paragraph (b).

      2.  The Division of Child and Family Services

shall annually:

      (a) Compile the reports it receives pursuant to

subsection 1; and

      (b) Publish a document which includes a

compilation of the reports.

      (Added to NRS by 2003, 1095)

DATA CONCERNING JUVENILE SEX OFFENDERS

      NRS 62H.300  Legislative findings and declarations.  The

Legislature hereby finds and declares that:

      1.  A significant number of offenders in

Nevada have been convicted of sexual offenses. Many of these offenders have

been convicted of sexual offenses on more than one occasion, and many of these

offenders began committing sexual offenses as juveniles.

      2.  There is a great need for a continuing

statistical analysis regarding the recidivism of juvenile sex offenders so that

the most appropriate punishment and treatment may be identified to prevent

these juvenile sex offenders, as juveniles, from committing further acts that,

if committed by adults, would be sexual offenses or, later as adults, from

committing sexual offenses.

      (Added to NRS by 2009, 1841)

      NRS 62H.310  Definitions.  As

used in this section and NRS 62H.300 and 62H.320:

      1.  “Juvenile sex offender” means a child

adjudicated delinquent for an act that, if committed by an adult, would be a

sexual offense.

      2.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault

pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor

pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body

pursuant to NRS 201.450;

      (j) Luring a child or a person with mental

illness pursuant to NRS 201.560, if

punished as a felony;

      (k) An attempt to commit an offense listed in paragraphs

(a) to (j), inclusive;

      (l) An offense that is determined to be sexually

motivated pursuant to NRS 175.547; or

      (m) An offense committed in another jurisdiction

that, if committed in this State, would be an offense listed in this

subsection.

      (Added to NRS by 2009, 1841;

A 2013,

1159)

      NRS 62H.320  Director of Department of Health and Human Services to establish

program to compile and analyze data concerning juvenile sex offenders.

      1.  The Director of the Department of

Health and Human Services shall establish within the Department a program to

compile and analyze data concerning juvenile sex offenders. The program must be

designed to:

      (a) Provide statistical data relating to the

recidivism of juvenile sex offenders; and

      (b) Use the data provided by the Division of

Child and Family Services of the Department of Health and Human Services

pursuant to NRS 62H.220 to assess the

effectiveness of programs for the treatment of juvenile sex offenders.

      2.  The Director of the Department of

Health and Human Services shall report the statistical data and findings from

the program to:

      (a) The Legislature at the beginning of each

regular session.

      (b) The Advisory Commission on the Administration

of Justice on or before January 31 of each even-numbered year.

      3.  The data acquired pursuant to this

section is confidential and must be used only for the purpose of research. The

data and findings generated pursuant to this section must not contain

information that may reveal the identity of a juvenile sex offender or the

identity of an individual victim of a crime.

      (Added to NRS by 2009, 1842)