NRS 62D.415
Use of instrument of restraint on child during proceeding.


1.

An instrument of restraint may be used on a child during a court proceeding only if the restraint is necessary to prevent the child from:

(a)

Inflicting physical harm on himself or herself or another person; or

(b)

Escaping from the courtroom.

2.

Whenever practical, the judge shall provide the:

(a)

Child and his or her attorney an opportunity to be heard regarding the use of an instrument of restraint before the judge orders the use of an instrument of restraint.

(b)

Prosecuting attorney an opportunity to be heard regarding whether the use of an instrument of restraint is necessary pursuant to subsection 1.

3.

In making a determination pursuant to subsection 2 as to whether an instrument of restraint is necessary pursuant to subsection 1, the court shall consider the following factors:

(a)

Any previous escapes or attempted escapes by the child.

(b)

Evidence of a present plan of escape by the child.

(c)

A credible threat by the child to harm himself or herself or another person.

(d)

A history of self-destructive tendencies by the child.

(e)

Any credible threat of an attempt to escape by a person not in custody.

(f)

Whether the child is subject to a proceeding:

(1)

That is not in the jurisdiction of the juvenile court pursuant to subsection 3 of NRS 62B.330; or

(2)

For transfer or certification for criminal proceedings as an adult pursuant to NRS 62B.335, 62B.390 or 62B.400.

(g)

Any other factor that is relevant in determining whether the use of an instrument of restraint on the child is necessary pursuant to subsection 1.

4.

The determination of the judge pursuant to subsection 2 must contain specific findings of fact and conclusions of law supporting the determination.

5.

If an instrument of restraint is used on a child, the restraint must allow the child limited movement of his or her hands to hold any document or writing necessary to participate in the proceeding.

6.

As used in this section, “instrument of restraint” includes, without limitation, handcuffs, chains, irons and straightjackets.

Source: Section 62D.415 — Use of instrument of restraint on child during proceeding., https://www.­leg.­state.­nv.­us/NRS/NRS-62D.­html#NRS62DSec415.

62D.010
Manner for conducting proceedings
62D.020
Prosecution for same offense in another proceeding prohibited.
62D.030
Advisement of right to representation by attorney
62D.035
Attorney authorized to consult with and seek appointment of certain professionals.
62D.040
Procedure at first appearance at intake and before juvenile court
62D.100
Right to representation by attorney
62D.110
Juvenile court to provide certificate of attendance to parent or guardian
62D.120
Juvenile court to provide to parents and guardians notice of juvenile proceedings to be held after detention hearing
62D.130
Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited
62D.140
“Incompetent” defined.
62D.145
Suspension of case to determine competence of child.
62D.150
Duties of person making motion for evaluation of child.
62D.155
Appointment of one or more experts to evaluate and report on competence of child
62D.160
Evaluation of child by expert: Required considerations.
62D.165
Written report of expert: Contents.
62D.170
Expedited hearing to determine competence of child.
62D.175
Juvenile court to consider certain information only for certain purposes
62D.180
Determination of competence of child by juvenile court
62D.185
Periodic review by juvenile court of child determined to be incompetent.
62D.190
Child determined to be incompetent may not be adjudicated delinquent or in need of supervision or placed under supervision of juvenile court during period that child remains incompetent.
62D.200
Full faith and credit given to proceedings of Indian tribe.
62D.210
Procedure when proceedings involve placement into foster care
62D.300
Power of juvenile court to expedite proceeding involving act committed against or witnessed by person less than 16 years of age.
62D.310
Period for final disposition of cases.
62D.320
Continuances.
62D.400
Electronic filing of certain documents.
62D.405
Interpreters.
62D.410
Subpoenas.
62D.415
Use of instrument of restraint on child during proceeding.
62D.420
Admissible evidence
62D.430
Fees allowed for witnesses and other persons acting under order of juvenile court
62D.440
Disclosure to victim of disposition of case
62D.500
Appeals.
Last Updated

Jun. 24, 2021

§ 62D.415’s source at nv​.us