1. If:
(a) A person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age;
(b) The delinquent act would have been a category A or B felony if committed by an adult;
(c) The person is identified by law enforcement as having committed the delinquent act before the person reaches 21 years of age; and
(d) The person is apprehended by law enforcement after the person reaches 21 years of age,
the juvenile court has jurisdiction over the person to conduct a hearing and make the determinations required by this section in accordance with the provisions of this section.
2. The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that the person committed the delinquent act.
3. If the juvenile court determines that there is not probable cause to believe that the person committed the delinquent act, the juvenile court shall dismiss the charges and discharge the person.
4. If the juvenile court determines that there is probable cause to believe that the person committed the delinquent act, the juvenile court shall determine whether, based upon the interests of justice and the need for protection of the public, to:
(a) Dismiss the charges; or
(b) Transfer the case for proper criminal proceedings to any court that would have jurisdiction over the delinquent act if the delinquent act were committed by an adult.
5. In determining the interests of justice and the need for protection of the public, the juvenile court shall consider:
(a) The number, date, nature and gravity of the delinquent acts committed by the person.
(b) Whether the delinquent acts involved the use of a weapon, violence or infliction of serious bodily injury.
(c) The impact to any victim of the person.
(d) The extent to which the person has already received punishment, counseling, therapy or treatment after the commission of the delinquent acts, and the response of the person to any such punishment, counseling, therapy or treatment.
(e) The behavior of the person since the date on which the person committed the delinquent acts, including, without limitation, the character, maturity, educational progress and work history of the person.
(f) Any evidence that the person engaged in recent threats against any person or expressed the intent to commit a crime in the future.
(g) Psychological or psychiatric evidence that indicates a risk of recidivism.
(h) Any emotional or mental health condition that existed at the time of the commission of the delinquent act.
(i) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.
(j) Any other factor the juvenile court finds relevant.
6. If the case is transferred for criminal proceedings pursuant to this section, the court shall also transfer any other related offense arising out of the same facts as the delinquent act, regardless of the nature of the related offense.
7. The court to which the case is transferred has original jurisdiction over the person.
8. A person held in custody pursuant to this section must be held in the state prison, a county or city jail or detention facility for adults and is entitled to bail as established in criminal proceedings.
(Added to NRS by 2009, 49)
Structure Nevada Revised Statutes
Chapter 62B - General Administration
NRS 62B.010 - Assignment of judges to juvenile court; powers and duties.
NRS 62B.020 - Master of the juvenile court: Appointment; training; compensation.
NRS 62B.040 - County youth services commission: Establishment; composition; duties.
NRS 62B.210 - Conduct and location of facilities for detention of children.
NRS 62B.220 - Detention facility to develop and implement plan for care of children during disaster.
NRS 62B.250 - Training required for certain employees; regulations.
NRS 62B.260 - "Licensing authority" defined.
NRS 62B.265 - Provisions not applicable to certain private institutions.
NRS 62B.280 - Maintenance of records.
NRS 62B.310 - Exclusive jurisdiction; exceptions; powers of other courts.
NRS 62B.320 - Child in need of supervision.
NRS 62B.335 - Jurisdiction over adult charged with certain delinquent acts committed as child.
NRS 62B.340 - Child who is on probation or who violates condition of parole.
NRS 62B.350 - Adults; stepparents; rights and remedies of adults subject to jurisdiction.
NRS 62B.360 - No jurisdiction over child subject to exclusive jurisdiction of Indian tribe.
NRS 62B.370 - When court must transfer case to juvenile court.
NRS 62B.380 - Transfer of cases involving minor traffic offenses to other courts.
NRS 62B.390 - Certification of child for criminal proceedings as adult.
NRS 62B.410 - Termination and retention of jurisdiction.
NRS 62B.505 - "Detention facility" defined.
NRS 62B.510 - Rights of child placed in detention facility.
NRS 62B.520 - Reasonable restrictions on exercise of rights by child.
NRS 62B.525 - Authorized manner for child in detention facility to raise and redress a grievance.
NRS 62B.635 - Establishment of evidence-based program resource center.
NRS 62B.645 - Development and implementation of family engagement plan.