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 Whereas, The panel that certifies prisoners who are sex offenders for

1-2 release on parole has been given an enormous responsibility with few

1-3 guidelines or information on which to base its decisions; and

1-4 Whereas, The panel, consisting of the Administrator of the Mental

1-5 Hygiene and Mental Retardation Division of the Department of Human

1-6 Resources, the Director of the Department of Prisons and a psychologist or

1-7 psychiatrist licensed in the State of Nevada, does not interact with the

1-8 offenders in question before a hearing and does not require reports from

1-9 staff members who do have daily interaction with the offenders; and

1-10 Whereas, The members of the panel do not administer any

1-11 standardized or psychosexual tests to the sex offender before making a

1-12 decision; and

1-13 Whereas, The panel hearing is currently structured in an interview

1-14 format with most of the information given orally by the offender in

1-15 response to questions asked; and

1-16 Whereas, Although NRS 213.1214 requires that the panel certify that

1-17 the prisoner was "under observation while confined in an institution of the

1-18 department of prisons," no guidelines are given regarding who makes such

1-19 observations; and

1-20 Whereas, The prison’s psychologist and the prisoner’s caseworker see

1-21 the prisoner on a frequent basis, and could better certify the sex offender’s

2-1 readiness for continuing rehabilitation in a community environment; now,

2-2 therefore, be it

2-3 Resolved by the Assembly of the State of Nevada, the Senate

2-4 Concurring, That the Legislative Commission is hereby directed to

2-5 conduct an interim study concerning the evaluation of sex offenders for

2-6 certification for release on parole pursuant to NRS 213.1214; and be it

2-7 further

2-8 Resolved, That the study must include, without limitation, an analysis

2-9 of:

2-10 1. The procedures followed by the panel in making its determinations

2-11 regarding the certification of sex offenders for release on parole;

2-12 2. The criteria used by the panel to arrive at decisions regarding the

2-13 certification of sex offenders for such release;

2-14 3. The qualifications that are necessary for panel members to possess

2-15 to determine fairly whether a sex offender is "a menace to the health, safety

2-16 or morals of others" pursuant to NRS 213.1214;

2-17 4. The advantages of hiring a specialist in the rehabilitation of sex

2-18 offenders to develop and carry out a treatment program for incarcerated sex

2-19 offenders that would include assessments in behavior which could be used

2-20 in deliberations by the panel;

2-21 5. The composition and effectiveness of similar panels in other states,

2-22 if any; and

2-23 6. Any other matters deemed pertinent to the evaluation of sex

2-24 offenders for certification for release on parole; and be it further

2-25 Resolved, That no action may be taken by the study committee on

2-26 recommended legislation unless it receives a majority vote of the Senators

2-27 on the committee and a majority vote of the Assemblymen on the

2-28 committee; and be it further

2-29 Resolved, That the Legislative Commission shall submit a report of the

2-30 results of the study and any recommendations for legislation to the 71st

2-31 session of the Nevada Legislature.