Nevada Revised Statutes 62E.708 – Probation: Considerations; limitations; extension; tolling of period of probation; jurisdiction
1. A juvenile court may place a child on probation in accordance with the provisions of this section.
Terms Used In Nevada Revised Statutes 62E.708
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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 the 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 of probation or parole.
(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 extension 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.
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 opportunity 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 juvenile 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 to NRS 62C.010.
8. 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.