The view outside the Nevada Legislature on Sunday, Aug. 2, 2020.
Assemblywoman Lisa Krasner, R-Reno, joined by public defenders across the state, called on lawmakers to pass legislation designed to make sure juveniles younger than 18 don’t waive their Fifth Amendment rights without first talking to a parent, guardian or an attorney.
Kendra Bertschy of the Washoe County Public Defender’s Office said more than 40 percent of juveniles waive those rights without understanding the consequences. AB251 would require police with a juvenile in custody get them in contact with a parent, guardian or attorney before asking any questions.
But Chuck Callaway, representing the sheriffs and police, said if officers can’t question juveniles, “officers will just arrest everyone.” The Nevada DA’s Association also came out against AB251 as did several juvenile officers.
Bertschy responded saying she was disappointed that law enforcement thinks their only option is arresting everyone.
Krasner said the bill would also seal a juvenile’s arrest record at age 18 to give them a clean slate as they become adults under the law. She said a series of misdemeanors on juveniles’ records can impact their ability to get a job, go to college and other things.
Serious crimes in a juvenile record, including sex offenses, would not be sealed.
Alex Ortiz of Clark County’s financial office said he has no problem with the policy in the legislation but is concerned about its potential cost. He said the county would have to open, staff and run another juvenile housing unit at a cost of $2 million a year.
The committee took no action on the bill with Krasner saying she would work with stakeholders to resolve some of their issues while still trying to protect juvenile suspects from themselves when taken into custody.
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