2001 REGULAR SESSION (71st) A SB241 92
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
“while confined in an institution of the department of prisons and does not represent a high risk to reoffend based upon a currently accepted standard of assessment.”.
Amend section 1, page 1, line 9, by deleting “may” and inserting “shall”.
Amend section 1, page 1, by deleting line 10 and inserting:
“this section. The regulations must include, without limitation, policies and procedures for:
(a) Documenting that a prisoner was under observation while confined in an institution of the department of prisons;
(b) Selecting a chairman for each certification panel;
(c) Conducting certification hearings;
(d) Ensuring compliance with the provisions of chapter 241 of NRS; and
(e) Ensuring that the process for the evaluation of prisoners is consistent.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person [is not a menace to the health, safety or morals of others.] does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. This section does not create a right in any person to be certified or to continue to be certified , and no person may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) A violation of NRS 207.180.
(m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.”.
Amend the title of the bill to read as follows:
“AN ACT relating to offenders; revising the provisions relating to certification panels that must determine whether certain prisoners who are eligible for parole constitute a menace to the health, safety or morals of others; requiring the department of prisons to administer such panels and the process of certification; revising the qualifications for certain members of such panels; revising the provisions relating to the determination of whether certain offenders who are eligible for probation constitute a menace to the health, safety or morals of others; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: