Custody and detention of child alleged to have committed offense involving firearm; conditions and limitations on release of child; evaluation of child by qualified professional; immunity for statements made during evaluation.
1. If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an unlawful act that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.
2. If a child is taken into custody for an unlawful act described in this section, the child must not be released before a detention hearing is held pursuant to NRS 62C.040.
3. At the detention hearing, the juvenile court shall determine whether to order the child to be evaluated by a qualified professional.
4. If the juvenile court orders the child to be evaluated by a qualified professional, the evaluation must be completed not later than 14 days after the detention hearing. Until the evaluation is completed, the child must be:
(a) Detained at a facility for the detention of children; or
(b) Placed under a program of supervision in the home of the child that may include electronic surveillance of the child.
5. If a child is evaluated by a qualified professional pursuant to this section, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.
Last modified: February 25, 2006