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Nevada
In 2009, the Nevada legislature passed AB 237, which raised the minimum age of presumptive waiver for youth prosecuted as adults from fourteen to sixteen years old.42 The law now specifically provides that a juvenile court judge “shall certify a child” unless the juvenile court judge finds:
“[C]lear and convincing evidence that: (a) The child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings; or (b) The child has substance abuse or emotional or behavioral problems and the substance abuse or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.43”
New Jersey and California
In 2015 and 2016, New Jersey44 and California, respectively, 45 both eliminated their presumptive waiver statutes. New Jersey’s only form of waiver now is mandatory waiver, and California’s only form of waiver is judicial waiver.
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