Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 62E.708 - Probation: Considerations; limitations; extension; tolling of period of probation; jurisdiction1. A juvenile court may place a child on probation in accordance with the provisions of this section.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.Added to NRS by 2023, 697Added by 2023, Ch. 140,§1, eff. 10/1/2023.