Nev. Rev. Stat. » NRS: CHAPTER 62B - GENERAL ADMINISTRATION

Nev. Rev. Stat. § 62B.390

Certification of child for criminal proceedings as adult

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NRS 62B.390  Certification of child for criminal proceedings as adult.

      1.  Except as otherwise provided in NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:

      (a) Except as otherwise provided in paragraph (b), is charged with an offense that would have been a felony if committed by an adult and was 14 years of age or older at the time the child allegedly committed the offense; or

      (b) Is charged with murder or attempted murder and was 13 years of age or older when the murder or attempted murder was committed.

      2.  If a child is certified for criminal proceedings as an adult pursuant to subsection 1, the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

      3.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 and the child’s case has been transferred out of the juvenile court:

      (a) The court to which the case has been transferred has original jurisdiction over the child;

      (b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and

      (c) If the child’s case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

      (Added to NRS by 2003, 1030; A 2003, 1511; 2009, 238; 2013, 2902; 2021, 3421)

     

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 2005–2022 · leading case: William M. v. State
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William M. v. State (2008) nev · cites it 30× “330(3) or the juvenile court relinquishes jurisdiction under NRS 62B.390 or NRS 62B.400. Pursuant to NRS 62B.”
Matter of William S. (2006) nev · cites it 8× “DISCUSSION The juvenile certification statute, NRS 62B.390, provides two standards for certifying a minor, who is at least fourteen years old at the time of the alleged offense, for criminal proceedings as an adult.”
State of Iowa v. Noah Riley Crooks (2018) iowa · cites it 2× “) (age twelve or older for discretionary transfer for specified offenses); Nev. Rev. Stat. Ann. § 62B.390 (West, Westlaw through 79th Reg.”
State v. Eric A. L. (2007) nev · cites it 3× “NRS 62B.390 provides for both presumptive and discretionary certification of juveniles for adult treatment in criminal proceedings.”
Lewis v. State (2005) ga “10 See Nev. Rev. Stat. § 62B.390 (2004); Tex. Family Code § 54.”
Feazeal (Travis) Vs. State (2019) nev · cites it 6× “Once these statutory requirements are met, NRS 62B.390 grants a juvenile court wide discretion in determining whether to certify a minor as an adult, as evidenced by its use of permissive language.”
In Re: N.S. (2020) nev · cites it 3× “Next, Noah contends the juvenile court abused its discretion in certifying him as an adult because the decisional matrix it used is in conflict with NRS 62B.390(1) and because the subjective factors category of the decisional matrix weighed against certification.”
In Re: P. J.-S. (2020) nev · cites it 3× “Second, appellant contends that the juvenile court abused its discretion in certifying him as an adult because the decisional matrix conflicts with NRS 62B.390(1), and because the subjective factors weighed against certification.”
In Re: B.T. (2022) nev · cites it 3× “Relying on language in NRS 62B.390(1) requiring SUPREME COURT OF NEVADA (0) 1947A it a "full investigation," he asserts that the district court erred in not ordering discovery and conducting an evidentiary hearing.”
Zalyaul v. State (2022) nev “No further steps were taken until 2019, when it was discovered through an unrelated investigation that 'This case does not concern, for example, certification of a child for criminal proceedings as an adult under NRS 62B.390 and NRS 62B.400. Supreme Court OF NevADA iO) TANIA AB…”
In Re: v. B., a Minor (2016) nev · cites it 2× “390(3)(b) provides that a juvenile may rebut the presumptive certification outlined in NRS 62B.390(2), 1 and 'NIBS 62B.390(2) provides [T]he juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the…”
In Re: F. A., a Minor C/W 62086 (2016) nev “pursuant to SUPREME COURT OF NEVADA 2 (0) 1947A en NRS 62B.390(1), or discretionary certification.”
Show all 16 citing cases →
— Nev. Rev. Stat. § 62B.390(1) — 8 cases
Matter of William S. (2006) nev “DISCUSSION The juvenile certification statute, NRS 62B.390, provides two standards for certifying a minor, who is at least fourteen years old at the time of the alleged offense, for criminal proceedings as an adult.”
William M. v. State (2008) nev “330(3) or the juvenile court relinquishes jurisdiction under NRS 62B.390 or NRS 62B.400. Pursuant to NRS 62B.”
Feazeal (Travis) Vs. State (2019) nev “Once these statutory requirements are met, NRS 62B.390 grants a juvenile court wide discretion in determining whether to certify a minor as an adult, as evidenced by its use of permissive language.”
In Re: N.S. (2020) nev “Next, Noah contends the juvenile court abused its discretion in certifying him as an adult because the decisional matrix it used is in conflict with NRS 62B.390(1) and because the subjective factors category of the decisional matrix weighed against certification.”
In Re: P. J.-S. (2020) nev “Second, appellant contends that the juvenile court abused its discretion in certifying him as an adult because the decisional matrix conflicts with NRS 62B.390(1), and because the subjective factors weighed against certification.”
— Nev. Rev. Stat. § 62B.390(1)(a) — 2 cases
Feazeal (Travis) Vs. State (2019) nev “Once these statutory requirements are met, NRS 62B.390 grants a juvenile court wide discretion in determining whether to certify a minor as an adult, as evidenced by its use of permissive language.”
In Re: B.T. (2022) nev “Relying on language in NRS 62B.390(1) requiring SUPREME COURT OF NEVADA (0) 1947A it a "full investigation," he asserts that the district court erred in not ordering discovery and conducting an evidentiary hearing.”
— Nev. Rev. Stat. § 62B.390(2) — 4 cases
William M. v. State (2008) nev “330(3) or the juvenile court relinquishes jurisdiction under NRS 62B.390 or NRS 62B.400. Pursuant to NRS 62B.”
Matter of William S. (2006) nev “DISCUSSION The juvenile certification statute, NRS 62B.390, provides two standards for certifying a minor, who is at least fourteen years old at the time of the alleged offense, for criminal proceedings as an adult.”
State v. Eric A. L. (2007) nev “NRS 62B.390 provides for both presumptive and discretionary certification of juveniles for adult treatment in criminal proceedings.”
In Re: v. B., a Minor (2016) nev “390(3)(b) provides that a juvenile may rebut the presumptive certification outlined in NRS 62B.390(2), 1 and 'NIBS 62B.390(2) provides [T]he juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the…”
— Nev. Rev. Stat. § 62B.390(2)(a)(2) — 1 case
Castillo (Christopher) v. State (2014) nev
— Nev. Rev. Stat. § 62B.390(3) — 2 cases
Matter of William S. (2006) nev “DISCUSSION The juvenile certification statute, NRS 62B.390, provides two standards for certifying a minor, who is at least fourteen years old at the time of the alleged offense, for criminal proceedings as an adult.”
William M. v. State (2008) nev “330(3) or the juvenile court relinquishes jurisdiction under NRS 62B.390 or NRS 62B.400. Pursuant to NRS 62B.”
— Nev. Rev. Stat. § 62B.390(3)(b) — 2 cases
William M. v. State (2008) nev “330(3) or the juvenile court relinquishes jurisdiction under NRS 62B.390 or NRS 62B.400. Pursuant to NRS 62B.”
In Re: v. B., a Minor (2016) nev “390(3)(b) provides that a juvenile may rebut the presumptive certification outlined in NRS 62B.390(2), 1 and 'NIBS 62B.390(2) provides [T]he juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the…”
— Nev. Rev. Stat. § 62B.390(5)(b) — 1 case
Feazeal (Travis) Vs. State (2019) nev “Once these statutory requirements are met, NRS 62B.390 grants a juvenile court wide discretion in determining whether to certify a minor as an adult, as evidenced by its use of permissive language.”
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