A.B. 167
- *AB167*
ASSEMBLY BILL NO. 167–ASSEMBLYMEMBER HANSEN
PREFILED JANUARY 31, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the use of corrective
room restriction. (BDR 5-769)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to juvenile justice; reducing the number of
consecutive hours a child detained in a state, local or
regional facility for the detention of children may be
subjected to corrective room restriction; requiring certain
actions be taken with respect to a child who is subjected
to corrective room restriction for more than 15 hours;
authorizing a child to petition an administrator or
superintendent for a review of the reason or reasons the
child was subjected to corrective room restriction under
certain circumstances; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) authorizes the use of corrective room restriction on a child 1
who is detained in a state, local or regional facility for the detention of children; 2
and (2) specifies certain actions that must be taken with respect to a child who is 3
subjected to corrective room restriction. Under existing law, a child who is 4
subjected to corrective room restriction for more than 24 hours must be provided: 5
(1) certain out-of-room exercise each day; (2) access to the same meals, medical 6
and mental health treatment, legal assistance, educational services and contact with 7
parents and legal guardians as is provided to children in the general population of 8
the facility; and (3) a review of the corrective room restriction status at least once 9
every 24 hours. (NRS 62B.215, 63.505) Sections 1 and 2 of this bill reduce, from 10
24 hours to 15 hours, the number of hours after which these requirements apply. 11
Sections 1 and 2 also: (1) reduce, from 72 hours to 24 hours, the number of 12
consecutive hours a child may be subjected to corrective room restriction; and (2) 13
make conforming changes relating to this reduction. Finally, sections 1 and 2: (1) 14
authorize a child who is subjected to corrective room restriction more than seven 15
times during any month to petition the administrator or superintendent of the 16
facility, as applicable, for a review of the reason or reasons the child was subjected 17
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to corrective room restriction during that month for the purpose of ensuring that any 18
such restriction was fair and appropriate; and (2) prohibit a facility from retaliating 19
against a child for filing such a petition. 20
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62B.215 is hereby amended to read as 1
follows: 2
62B.215 1. A child who is detained in a local facility for the 3
detention of children or committed to a regional facility for the 4
treatment and rehabilitation of children may be subjected to 5
corrective room restriction only if all other less-restrictive options 6
have been exhausted and only for the purpose of: 7
(a) Modifying the negative behavior of the child; 8
(b) Holding the child accountable for a violation of a rule of the 9
facility; or 10
(c) Ensuring the safety of the child, staff or others or ensuring 11
the security of the facility. 12
2. Any action that results in corrective room restriction for 13
more than 2 hours must be documented in writing and approved by 14
a supervisor. 15
3. A local facility for the detention of children or regional 16
facility for the treatment and rehabilitation of children shall conduct 17
a safety and well-being check on a child subjected to corrective 18
room restriction at least once every 10 minutes while the child is 19
subjected to corrective room restriction. 20
4. A child may be subjected to corrective room restriction only 21
for the minimum time required to address the negative behavior, 22
rule violation or threat to the safety of the child, staff or others or to 23
the security of the facility, and the child must be returned to the 24
general population of the facility as soon as reasonably possible. 25
5. A child who is subjected to corrective room restriction must 26
be provided a review of the corrective room restriction status 27
within 15 hours after the child is subjected to corrective room 28
restriction. If, upon review, the corrective room restriction is 29
continued, the continuation must be documented in writing, 30
including, without limitation, an explanation as to why no other 31
less-restrictive option is available. 32
6. A child who is subjected to corrective room restriction for 33
more than [24 ] 15 hours must be provided: 34
(a) Not less than 1 hour of out-of-room, large muscle exercise 35
each day, including, without limitation, access to outdoor recreation 36
if weather permits; and 37
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(b) Access to the same meals and medical and mental health 1
treatment, the same access to contact with parents or legal 2
guardians, and the same access to legal assistance and educational 3
services as is provided to children in the general population of the 4
facility . [; and 5
(c) A review of the corrective room restriction status at least 6
once every 24 hours. If, upon review, the corrective room restriction 7
is continued, the continuation must be documented in writing, 8
including, without limitation, an explanation as to why no other 9
less-restrictive option is available. 10
6.] 7. A local facility for the detention of children or regional 11
facility for the treatment and rehabilitation of children shall not 12
subject a child to corrective room restriction for more than [72] 24 13
consecutive hours. 14
[7.] 8. A child who is subjected to corrective room restriction 15
more than seven times during any month: 16
(a) May petition the administrator of the local facility for the 17
detention of children or regional facility for the treatment and 18
rehabilitation of children for a review of the reason or reasons the 19
child was subjected to corrective room restriction during that 20
month for the purpose of ensuring that any such restriction was 21
fair and appropriate; and 22
(b) Must not be retaliated against for any such petition. 23
9. Each local facility for the detention of children and regional 24
facility for the treatment and rehabilitation of children shall report 25
monthly to the Juvenile Justice Programs Office of the Division of 26
Child and Family Services the number of children who were 27
subjected to corrective room restriction during that month and the 28
length of time that each child was in corrective room restriction. 29
Any incident that resulted in the use of corrective room restriction 30
for [72] 24 consecutive hours must be addressed in the monthly 31
report, and the report must include the reason or reasons any attempt 32
to return the child to the general population of the facility was 33
unsuccessful. 34
[8.] 10. As used in this section, “corrective room restriction” 35
means the confinement of a child to his or her room as a disciplinary 36
or protective action and includes, without limitation: 37
(a) Administrative seclusion; 38
(b) Behavioral room confinement; 39
(c) Corrective room rest; and 40
(d) Room confinement. 41
Sec. 2. NRS 63.505 is hereby amended to read as follows: 42
63.505 1. A child who is detained in a facility may be 43
subjected to corrective room restriction only if all other less-44
restrictive options have been exhausted and only for the purpose of: 45
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(a) Modifying the negative behavior of the child; 1
(b) Holding the child accountable for a violation of a rule of the 2
facility; or 3
(c) Ensuring the safety of the child, staff or others or ensuring 4
the security of the facility. 5
2. Any action that results in corrective room restriction for 6
more than 2 hours must be documented in writing and approved by 7
a supervisor. 8
3. A facility shall conduct a safety and well-being check on a 9
child subjected to corrective room restriction at least once every 10 10
minutes while the child is subjected to corrective room restriction. 11
4. A child may be subjected to corrective room restriction only 12
for the minimum time required to address the negative behavior, 13
rule violation or threat to the safety of the child, staff or others or to 14
the security of the facility, and the child must be returned to the 15
general population of the facility as soon as reasonably possible. 16
5. A child who is subjected to corrective room restriction must 17
be provided a review of the corrective room restriction status 18
within 15 hours after the child is subjected to corrective room 19
restriction. If, upon review, the corrective room restriction is 20
continued, the continuation must be documented in writing, 21
including, without limitation, an explanation as to why no other 22
less-restrictive option is available. 23
6. A child who is subjected to corrective room restriction for 24
more than [24] 15 hours must be provided: 25
(a) Not less than 1 hour of out-of-room, large muscle exercise 26
each day, including, without limitation, access to outdoor recreation 27
if weather permits; and 28
(b) Access to the same meals and medical and mental health 29
treatment, the same access to contact with parents or legal 30
guardians, and the same access to legal assistance and educational 31
services as is provided to children in the general population of the 32
facility . [; and 33
(c) A review of the corrective room restriction status at least 34
once every 24 hours. If, upon review, the corrective room restriction 35
is continued, the continuation must be documented in writing, 36
including, without limitation, an explanation as to why no other 37
less-restrictive option is available. 38
6.] 7. A facility shall not subject a child to corrective room 39
restriction for more than [72] 24 consecutive hours. 40
[7.] 8. A child who is subjected to corrective room restriction 41
more than seven times during any month: 42
(a) May petition the superintendent of the facility for a review 43
of the reason or reasons the child was subjected to corrective room 44
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restriction during that month for the purpose of ensuring that any 1
such restriction was fair and appropriate; and 2
(b) Must not be retaliated against for any such petition. 3
9. A facility shall report monthly to the Juvenile Justice 4
Programs Office of the Division of Child and Family Services the 5
number of children who were subjected to corrective room 6
restriction during that month and the length of time that each child 7
was in corrective room restriction. Any incident that resulted in the 8
use of corrective room restriction for [more than 72] 24 consecutive 9
hours must be addressed in the monthly report, and the report must 10
include the reason or reasons any attempt to return the child to the 11
general population of the facility was unsuccessful. 12
[8.] 10. As used in this section, “corrective room restriction” 13
means the confinement of a child to his or her room as a disciplinary 14
or protective action and includes, without limitation: 15
(a) Administrative seclusion; 16
(b) Behavioral room confinement; 17
(c) Corrective room rest; and 18
(d) Room confinement. 19
H