Nevada SB 356: Provides for a study of certain issues relating to the housing of youthful offenders. (BDR S-501)

Bill Text

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- 81st Session (2021)
Senate Bill No. 356–Committee on Judiciary

CHAPTER..........

AN ACT relating to youthful offenders; providing for a study of
certain issues relating to the housing of youthful offenders;
requiring the transmittal of a report of the findings of the
study to the Legislative Committee on Child Welfare and
Juvenile Justice; making an appropriation; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Legislative Committee on Child Welfare and Juvenile
Justice and directs the Committee to evaluate and review various issues relating to
child welfare and juvenile justice in this State. (NRS 218E.700-218E.720) During
the 2019 Legislative Session, the Legislature enacted legislation requiring the
Committee to conduct a study during the 2019-2020 interim concerning juvenile
detention in this State, which included, without limitation: (1) consideration of the
implementation of a regional approach to the housing of juvenile offenders in this
State, through which the Nevada Department of Corrections retains jurisdiction
over juvenile offenders who are housed locally in other local or state institutions or
facilities for the detention of juvenile offenders; (2) a review of the adequacy of the
current capacity of institutions and facilities in this State to house juvenile
offenders; and (3) a review of the programs and services in other states where
juvenile offenders who are tried as adults are housed with juvenile offenders within
the juvenile justice system. (Chapter 382, Statutes of Nevada 2019, at page 2425)
Section 1 of this bill requires the Department of Corrections and the Division
of Child and Family Services of the Department of Health and Human Services, in
consultation with the Juvenile Justice Oversight Commission and other
stakeholders, to study the feasibility of: (1) housing youthful offenders regionally,
in facilities of the Division of Child and Family Services or in county facilities; and
(2) developing a new model relating to the housing of youthful offenders in which
youthful offenders who are between 18 and 24 years of age, who have been
convicted as adults and who will be released from confinement before reaching 25
years of age would be housed separately from offenders who will not be released
from confinement before reaching 25 years of age. Section 1 of this bill also
requires that not later than July 1, 2022, the Department of Corrections and the
Division must prepare and submit a report of the findings of the study to the
Director of the Legislative Counsel Bureau for transmittal to the Committee.
Section 1.5 of this bill makes an appropriation to the Division for the costs of
conducting the study.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The Department of Corrections and the
Division of Child and Family Services of the Department of Health
and Human Services, in consultation with the Juvenile Justice

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- 81st Session (2021)
Oversight Commission and other stakeholders, shall study the
feasibility of: (1) housing youthful offenders regionally, in facilities
of the Division or in county facilities; and (2) developing a new
model relating to the housing of youthful offenders in which
youthful offenders who are between 18 and 24 years of age, who
have been convicted as adults and who will be released from
confinement before reaching 25 years of age would be housed
separately from offenders who will not be released from
confinement before reaching 25 years of age. The study must
include, include, without limitation, a review and consideration of
the following issues:
(a) With respect to housing youthful offenders regionally, in
facilities of the Division or in county facilities:
(1) An investigation of the costs of upgrading facilities or
new construction.
(2) The complexities of entering into a memorandum of
understanding between the Department and the Division whereby
appropriately trained staff of the Department would, if necessary, be
assigned to work in facilities of the Division.
(3) Any potential savings in costs at the Department resulting
from no longer housing youthful offenders that could potentially be
shifted to the Division or to counties.
(4) Any other issues relating to budgeting.
(5) An analysis of the costs and benefits of implementing the
proposal.
(6) Any other issues deemed pertinent by the Department or
Division.
(b) With respect to developing a new model relating to the
housing of youthful offenders in which youthful offenders who are
between 18 and 24 years of age, who have been convicted as adults
and who will be released from confinement before reaching 25 years
of age would be housed separately from offenders who will not be
released from confinement before reaching 25 years of age:
(1) A review of nec