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Nevada Supreme Court’s Commission on Statewide Juvenile Justice Reform-Overview

Intro/Background o Supreme Court order (ADKT 455) entered on February 15, 2011, created the Commission

on Statewide Juvenile Justice Reform Co-Chaired by Justice James W. Hardesty and Nancy M. Saitta

o The Commission is made up of juvenile justice stakeholders from around the state and includes: The Attorney General District Court Judges Chief Juvenile Probation

Officers Directors of Juvenile

Justice Services and Programs

Assistant County Managers

Department of Child and Family Services

Individuals from Community-Based Programs

o Commission’s Mission/Objective Statement The Commission on Statewide Juvenile Justice Reform will commence its substantive

review of the juvenile justice system in Nevada by studying Nevada’s deep-end commitment system of placement. The Commission will study and evaluate the continuum of care including possible reorganization of Nevada’s correctional commitment facilities to determine whether smaller, regional facilities are most effective and assess whether limiting state commitments to the most seriously offending youth should be considered; cataloging the availability and needs of regional based facilities and programs; redirecting more state commitment funds to community based services and commitment alternatives; implementing judicial protocols for entry of findings and reviews addressing least restrictive placements and reasonable efforts findings; and identifying long-term funding stabilization plans to prioritize juvenile justice funding in the State of Nevada.

o Presentations Evidence-based informed descriptions of successful reform programs:

ABC Primetime Series on Missouri Model Bart Lubow Report: No Place for Kids

o National movement to reduce deep-end commitments Sue Burrell & David Steinhart, California Legislation

o Reduce deep-end commitments. o States moving away from training schools - CA, TX, OH, IL, NY, MO

Cherie Townsend, Texas Legislation o SB 103 reformed JJ system, HB 3689 fine-tuned reforms o Redirecting funding to support community-based services and

commitment alternatives Rex Reed, Overview of Juvenile and Youthful Offenders in NDOC Carey Stewart, Statewide Budget Impacts from 2011 Legislation

o Studied and evaluated the needs of the juvenile justice system, including: Continuum of Care Availability and needs of regional based facilities and programs Redirecting more state commitment funds to community-based services and commitment

alternatives

 

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Implementing least restrictive placements Identifying long-term funding stabilization plans to prioritize juvenile justice funding

Recommendations o Letter sent to all legislators on February 5, 2013, which provided a brief outline of the

Commission’s work and its recommendations which included: Memorandum to Mr. Mike Willden outlining the Commission’s recommendations to

reform funding for deep-end commitments. Balanced process for reforming funding for deep-end commitments, redirecting State

support to local jurisdictions to deal with their own juvenile delinquency. The fundamental shift would provide for innovative and long-term changes in

Nevada Juvenile Justice System funding and allow for the regionalization of Nevada’s State Juvenile Justice Correctional System

The proposed re-opening of Summit View, in Las Vegas, would have an immediate impact on youth from Clark County who are committed to State custody.

Governor Brian Sandoval included most of the steps contained in the memorandum in the Executive Budget presented to the Legislature on January 16, 2013.

o In addition to the memorandum sent to Mr. Mike Willden, the Commission unanimously recommended amending: NRS 62B.320 adding curfew and loitering violations to the language, included in SB

108. NRS 62E.630 gives the courts discretion to issue restricted license if the suspension of a

driver’s license would create an undue hardship on the child or his family, included in SB 108.

NRS 62C.040 (4) to allow juveniles who have been transferred to the adult court, by way of certification, to petition the juvenile court for temporary placement in a facility for the detention of children.

NRS 62G.410 to expand the purpose of the policy Declaration of State Policy to effectuate a system of youth interventions, in a civil arena, to improve the outcomes for juveniles, diminish juvenile criminality, facilitate juvenile accountability and improve juvenile health and welfare, included in SB 108.

Re-examine SB 26 from 2011 legislation, which would allow the courts to make civil judgments against the parents and youth when aging out of the system on restitution and other financial obligations, included in SB 106.

o Two Recommendations were approved by a majority vote: NRS 62B.330 relating to direct filing charges against a juvenile for criminal proceedings

as an adult, adding a new subsection (3) (a) if person was 12 years of age or older when murder or attempted murder and any related offense arising out of the same set of facts was committed.

NRS 62C.100 amend to change timeline prosecutors have to file petitions from 8 days to 72 hours after the date the complaint was referred to the probation officer, included in SB 108.

o Additionally, the Nevada Supreme Court has submitted Senate Bill 31, which is designed to enhance the ability of child welfare agencies, schools, courts, probation departments, and treatment providers to share information regarding children under their care in order to achieve better outcomes for these children.

Benefits/Outcomes o The desired outcome of the Commission is to reduce the number of children entering the

juvenile justice system by encouraging law abiding behavior and implementing early intervention programs, community-based programming, evidence-based programming, and the

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regionalization of facilities, while improving the quality of life for our youth through education, family, and employment opportunities. In addition, by placing a carefully defined population of young people in a correctional setting, close to their families and schools, the juvenile justice system will improve coordination and localization of services. National best practices prove this process will assist juveniles in their rehabilitation and transition back into the community.

Subcommittees of the Commission

Subcommittees-Current, ongoing o Standardized Collection of Juvenile Justice Data Subcommittee, Chair John Simms

To study all aspects of data collection and dissemination for the juvenile justice system. o School Attendance and Disturbance Subcommittee, Chair Justice Saitta

Study and make recommendations on attendance patterns and school disturbance issues within the State of Nevada. Identify responsibilities, best practices, and current school models for dealing with these issues at the state and national levels. Review statutes and make recommendations to facilitate a better balance between attendance and school disturbances with the ultimate goal of improving outcomes by keeping our pupils in school and out of the delinquency system.

Subcommittees-Concluded o Resource and Presentation Subcommittee, Co-Chairs Justice Hardesty and Saitta

Identify resources, presentations, and presenters o Juvenile Justice Subcommittee, Co-Chairs Justice Hardesty and Saitta

Identify regionalized plan and funding sources o Direct File and Certification, Chair Judge Papez

Review recommendations received by Commission members on statutory changes regarding direct file and certification of juveniles and provide recommendations to full Commission.

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