A.B. 88 - *AB88* ASSEMBLY BILL NO. 88–COMMITTEE ON JUDICIARY (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON JUDICIARY) PREFILED JANUARY 6, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile justice. (BDR 5-495) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to juvenile justice; removing the requirement that the district attorney must give written approval before a juvenile court may place a child under informal supervision under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the juvenile court may place a child who is alleged to have 1 committed an unlawful act that would be a gross misdemeanor or felony if 2 committed by an adult under informal supervision if: (1) the child voluntarily 3 admits participation in the acts alleged in the complaint; and (2) the district attorney 4 gives written approval for the placement of the child under informal supervision. 5 (NRS 62C.200) This bill removes the requirement that the district attorney must 6 give written approval before the juvenile court may place such a child under 7 informal supervision. 8 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 62C.200 is hereby amended to read as 1 follows: 2 62C.200 1. When a complaint is made alleging that a child is 3 delinquent or in need of supervision, the child may be placed under 4 the informal supervision of a probation officer if [: 5 – 2 – - *AB88* (a) The] the child voluntarily admits participation in the acts 1 alleged in the complaint . [; and 2 (b) The district attorney gives written approval for placement of 3 the child under informal supervision, if any of the acts alleged in the 4 complaint are unlawful acts that would have constituted a gross 5 misdemeanor or felony if committed by an adult.] 6 2. If the probation officer recommends placing the child under 7 informal supervision, the probation officer must advise the child and 8 the parent or guardian of the child that they may refuse informal 9 supervision. 10 3. The child must enter into an agreement for informal 11 supervision voluntarily and intelligently: 12 (a) With the advice of the attorney for the child; or 13 (b) If the child is not represented by an attorney, with the 14 consent of the parent or guardian of the child. 15 4. If the child is placed under informal supervision: 16 (a) The terms and conditions of the agreement for informal 17 supervision must be stated clearly in writing. The terms and 18 conditions of the agreement may include, but are not limited to, the 19 requirements set forth in NRS 62C.210. 20 (b) The agreement must be signed by all parties. 21 (c) A copy of the agreement must be given to: 22 (1) The child; 23 (2) The parent or guardian of the child; 24 (3) The attorney for the child, if any; and 25 (4) The probation officer, who shall retain a copy in the 26 probation officer’s file for the case. 27 5. The period of informal supervision must not exceed 180 28 days. The child and the parent or guardian of the child may 29 terminate the agreement at any time by requesting the filing of a 30 petition for formal adjudication. 31 6. The district attorney may not file a petition against the child 32 based on any acts for which the child was placed under informal 33 supervision unless the district attorney files the petition not later 34 than 180 days after the date the child entered into the agreement for 35 informal supervision. If the district attorney files a petition against 36 the child within that period, the child may withdraw the admission 37 that the child made pursuant to subsection 1. 38 7. If the child successfully completes the terms and conditions 39 of the agreement for informal supervision, the juvenile court may 40 dismiss any petition filed against the child that is based on any acts 41 for which the child was placed under informal supervision. 42 H