EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 213 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 17, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3 to

1-5 10, inclusive, of this act have the meanings ascribed to them in those

1-6 sections.

1-7 Sec. 3. "Board" means the state board of parole commissioners.

1-8 Sec. 4. "Chemical compound" means:

1-9 1. Medroxyprogesterone acetate; or

1-10 2. Any other compound which, based upon research that is ordinarily

1-11 relied upon within the scientific community:

1-12 (a) Is likely to have the same or similar effects upon a sex offender as

1-13 medroxyprogesterone acetate; or

1-14 (b) Is otherwise likely to curb the recidivism of a sex offender.

2-1 Sec. 5. "Chief" means the chief parole and probation officer or his

2-2 designee.

2-3 Sec. 6. "Division" means the division of parole and probation of the

2-4 department of motor vehicles and public safety.

2-5 Sec. 7. "Program" means the program established by the chief

2-6 pursuant to sections 2 to 17, inclusive, of this act that allows a sex

2-7 offender, with the approval of the chief, to participate in treatment with a

2-8 chemical compound while the sex offender is on parole pursuant to this

2-9 chapter.

2-10 Sec. 8. "Sex offender" means a prisoner who:

2-11 1. Has been convicted of at least one but not more than two sexual

2-12 offenses;

2-13 2. Has not been convicted of a violent offense; and

2-14 3. Is eligible to be released on parole pursuant to this chapter.

2-15 Sec. 9. "Sexual offense" means an offense listed in NRS 179D.410,

2-16 if the offense did not involve the use or threatened use of force or violence

2-17 against the victim or the use or threatened use of a firearm or a deadly

2-18 weapon.

2-19 Sec. 10. "Violent offense" means an offense committed in this state

2-20 or any other jurisdiction that involved the use or threatened use of force

2-21 or violence against the victim or the use or threatened use of a firearm or

2-22 a deadly weapon. The term includes, without limitation, an offense

2-23 prosecuted in:

2-24 1. A tribal court.

2-25 2. A court of the United States or the Armed Forces of the United

2-26 States.

2-27 Sec. 11. 1. The chief shall establish a program pursuant to sections

2-28 2 to 17, inclusive, of this act that allows a sex offender, with the approval

2-29 of the chief, to participate in treatment with a chemical compound while

2-30 the sex offender is on parole pursuant to this chapter. Not more than 20

2-31 sex offenders may participate in the program at any one time.

2-32 2. The chief shall ensure that a psychological profile is developed to

2-33 identify those sex offenders who are most likely to benefit from treatment

2-34 with a chemical compound. The chief shall select sex offenders for

2-35 participation in the program based upon the psychological profile and

2-36 any other appropriate criteria developed by the chief.

2-37 3. Before a sex offender may participate in the program:

2-38 (a) The chief shall inform the sex offender of the nature of the

2-39 program and the intended effects and typical adverse effects associated

2-40 with the chemical compound;

2-41 (b) The sex offender must give his informed consent; and

2-42 (c) The chief must approve the participation of the sex offender in the

2-43 program.

3-1 4. The program must include, without limitation:

3-2 (a) Regular physiological examinations to determine whether

3-3 treatment with a chemical compound is:

3-4 (1) Reducing the level of testosterone in the blood of the sex

3-5 offender; and

3-6 (2) Accomplishing other intended physiological effects, including,

3-7 without limitation, intended effects upon sexual arousal;

3-8 (b) Regular psychological evaluations to determine whether the

3-9 propensity of the sex offender for violence or deviant sexual behavior is

3-10 being affected by treatment with a chemical compound; and

3-11 (c) Regular psychological counseling for the sex offender.

3-12 Sec. 12. 1. The chief shall establish a system to study the effects of

3-13 the program. The study must include, without limitation:

3-14 (a) An evaluation of whether treatment with a chemical compound

3-15 reduces recidivism and the propensity of the sex offender for violence or

3-16 deviant sexual behavior; and

3-17 (b) An assessment of the side effects of treatment with a chemical

3-18 compound over an extended period, including, without limitation, an

3-19 assessment of any side effects that were previously unknown.

3-20 2. The chief shall report the findings from the study to the legislature

3-21 at the beginning of each regular session.

3-22 Sec. 13. 1. To carry out the provisions of sections 2 to 17, inclusive,

3-23 of this act, the chief may, within the limits of legislative appropriations,

3-24 contract with persons or private entities that are qualified to:

3-25 (a) Examine, evaluate or counsel sex offenders;

3-26 (b) Administer the program;

3-27 (c) Provide treatment with a chemical compound to sex offenders; or

3-28 (d) Study, evaluate or assess the effects or the effectiveness of the

3-29 program or treatment of sex offenders with a chemical compound.

3-30 2. The chief may apply for and accept grants or gifts to finance the

3-31 program.

3-32 3. Money that is received through a grant or gift pursuant to

3-33 subsection 2 must be deposited with the state treasurer for credit to the

3-34 state general fund to reimburse any appropriations made from the state

3-35 general fund to finance the program.

3-36 Sec. 14. 1. If the chief allows a sex offender to participate in the

3-37 program, the board shall, in addition to any other condition of parole that

3-38 is imposed pursuant to this chapter, require as a condition of parole that

3-39 the sex offender:

3-40 (a) To the extent of his financial ability, pay the costs associated with

3-41 his participation in the program;

3-42 (b) Submit to a program of intensive supervision pursuant to NRS

3-43 213.124;

4-1 (c) Comply with the provisions of section 15 of this act;

4-2 (d) Comply with any condition imposed by the chief pursuant to

4-3 subsection 2; and

4-4 (e) Continue to participate in the program, unless the chief terminates

4-5 participation by the sex offender in the program pursuant to subsection 3.

4-6 2. The chief may impose any conditions on participation by a sex

4-7 offender in the program. The chief may impose such conditions before

4-8 the sex offender is released on parole and at any time after the sex

4-9 offender is released on parole.

4-10 3. The chief may terminate participation by a sex offender in the

4-11 program for any lawful reason or purpose, including, without limitation,

4-12 for any reason relating to the physical or psychological health of the sex

4-13 offender.

4-14 Sec. 15. 1. Except as otherwise provided in subsection 2, the board

4-15 shall revoke the parole of a sex offender who is allowed to participate in

4-16 the program if the sex offender knowingly solicits, obtains, prepares or

4-17 uses a substance which diminishes or negates the effects of the chemical

4-18 compound or which the sex offender believes will diminish or negate the

4-19 effects of the chemical compound, whether or not the substance actually

4-20 diminishes or negates the effects of the chemical compound.

4-21 2. The provisions of subsection 1 do not apply to a substance that:

4-22 (a) Is approved by the Food and Drug Administration for sale over the

4-23 counter without a prescription, if the sex offender uses the substance only

4-24 as directed by the instructions on the manufacturer’s label for the

4-25 substance; or

4-26 (b) Is prescribed by a physician licensed in this state for use by the sex

4-27 offender, if the substance is intended to:

4-28 (1) Diminish or negate the typical adverse effects associated with the

4-29 chemical compound and the substance does not diminish or negate any of

4-30 the intended effects associated with the chemical compound, including,

4-31 without limitation, impotency or diminished sex drive; or

4-32 (2) Address other physical or psychological conditions affecting the

4-33 health of the sex offender that are unrelated to use of the chemical

4-34 compound.

4-35 3. Except as otherwise provided in this section, in addition to any

4-36 other lawful reason or purpose, the board may revoke the parole of a sex

4-37 offender who is allowed to participate in the program if the sex offender

4-38 fails or refuses to:

4-39 (a) Comply with any condition imposed by the chief pursuant to

4-40 section 14 of this act; or

4-41 (b) Participate in the program in accordance with any instructions or

4-42 directions given to the sex offender by a person who is authorized to give

4-43 such instructions or directions, including, without limitation, a parole and

5-1 probation officer or other employee of the division or a physician,

5-2 psychiatrist, psychologist, counselor, nurse or assistant. The conduct

5-3 prohibited by this paragraph, includes, without limitation, failing or

5-4 refusing to:

5-5 (1) Appear when required;

5-6 (2) Take, be injected with or otherwise accept delivery of a chemical

5-7 compound; or

5-8 (3) Participate in or submit to any questioning, monitoring, testing,

5-9 examination, evaluation, assessment or study that is related to the

5-10 program or to treatment with a chemical compound.

5-11 Sec. 16. 1. Except as otherwise provided in subsection 2, if a sex

5-12 offender participates in the program for 12 or more consecutive months,

5-13 the board shall, upon the request of the sex offender, petition the court of

5-14 original jurisdiction to request a modification of sentence for the sex

5-15 offender pursuant to subsection 3 of NRS 176.033.

5-16 2. A sex offender may request the board to file a petition pursuant to

5-17 subsection 1 not more than once every 12 months.

5-18 Sec. 17. 1. The provisions of sections 2 to 17, inclusive, of this act

5-19 do not create a right on behalf of a sex offender to participate in the

5-20 program and do not establish a basis for any cause of action against the

5-21 state or its officers or employees for denial of the ability to participate in

5-22 or for removal from the program.

5-23 2. This state and its agencies and political subdivisions and the

5-24 officers, employees, and independent contractors of this state and its

5-25 agencies and political subdivisions are immune from liability for damages

5-26 arising from:

5-27 (a) The administration or use of a chemical compound pursuant to

5-28 sections 2 to 17, inclusive, of this act; and

5-29 (b) An act or omission related to the administration or use of a

5-30 chemical compound pursuant to sections 2 to 17, inclusive, of this act.

5-31 Sec. 18. NRS 176.033 is hereby amended to read as follows:

5-41 imprisonment, unless a definite term of imprisonment is required by statute.

6-1 (c) If restitution is appropriate, set an amount of restitution for each

6-2 victim of the offense and for expenses related to extradition in accordance

6-3 with NRS 179.225.

6-4 2. [At] Except as otherwise provided in section 16 of this act, at any

6-5 time after a prisoner has been released on parole and has served one-half of

6-6 the period of his parole, or 10 consecutive years on parole in the case of a

6-7 prisoner sentenced to life imprisonment, the state board of parole

6-8 commissioners, upon the recommendation of the division, may petition the

6-9 court of original jurisdiction requesting a modification of sentence. The

6-10 state board of parole commissioners may petition the court requesting a

6-11 modification of sentence pursuant to this subsection whether or not it has

6-12 previously petitioned the court requesting a modification of sentence

6-13 pursuant to section 16 of this act. The state board of parole

6-14 commissioners shall give notice of the petition and the hearing [thereon] on

6-15 the petition to the attorney general or district attorney who had jurisdiction

6-16 in the original proceedings. Upon hearing the recommendation of the state

6-17 board of parole commissioners and good cause appearing, the court may

6-18 modify the original sentence by reducing the maximum term of

6-19 imprisonment but shall not make the term less than the minimum term

6-20 prescribed by the applicable penal statute.

6-21 3. If the state board of parole commissioners petitions the court of

6-22 original jurisdiction requesting a modification of sentence for a sex

6-23 offender pursuant to section 16 of this act, the board shall give notice of

6-24 the petition and the hearing on the petition to the attorney general or

6-25 district attorney who had jurisdiction in the original proceedings. Upon

6-26 hearing the recommendation of the state board of parole commissioners

6-27 and good cause appearing, the court may modify the original sentence by

6-28 reducing the maximum term of imprisonment by an amount equal to or

6-29 less than one-half of the aggregate number of days that the sex offender

6-30 participated in the program of treatment with a chemical compound

6-31 pursuant to sections 2 to 17, inclusive, of this act, but the court shall not

6-32 make the term less than the minimum term prescribed by the applicable

6-33 penal statute.

6-34 Sec. 19. The amendatory provisions of sections 2 to 18, inclusive, of

6-35 this act apply to all sex offenders, as defined in section 8 of this act, who

6-36 are serving a term of imprisonment or who are on parole, whether or not the

6-37 sex offender is or was:

6-38 1. Convicted or sentenced before, on or after October 1, 1999; or

6-39 2. Released on parole before, on or after October 1, 1999.