2001 REGULAR SESSION (71st)                                                                             A SB548 345

Amendment No. 345

 

Senate Amendment to Senate Bill No. 548                                                                         (BDR 14‑512)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will REMOVE the unfunded mandate from SB548.

 

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 the bill as a whole by deleting sections 1 through 5 and sections 11 through 14 and renumbering sections 6 through 10 as sections 1 through 5.

     Amend sec. 8, page 6, by deleting lines 8 through 18 and inserting:

“[a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state] :

     (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

     (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a person professionally qualified to conduct psychosexual evaluations certifies in a written report to the court that the person [is not a menace to the health, safety or morals of others.] convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.”.

     Amend sec. 8, page 6, between lines 47 and 48, by inserting:

     “4.  As used in this section, “person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.”.

     Amend the bill as a whole by adding new sections designated sections 6 and 7, following sec. 10, to read as follows:

     “Sec. 6. NRS 213.1214 is hereby amended to read as follows:

     213.1214  1.  The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

     (a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;

     (b) The director of the department of prisons or his designee; and

     (c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,

FLUSH
 
certifies that the prisoner was under observation while confined in an institution of the department of prisons and [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.  A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

     3.  The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

     4.  This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner 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 prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.

     5.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

     (a) Sexual assault 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) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive.

     (m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

     Sec. 7.  1.  The amendatory provisions of sections 1, 2 and 3 of this act apply to any person who is given a psychosexual evaluation pursuant to NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

     2.  The amendatory provisions of sections 4 and 5 of this act apply to any person who applies to the division of parole and probation of the department of motor vehicles and public safety to request a restoration of his civil rights pursuant to NRS 176A.860 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

     3.  The amendatory provisions of section 6 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to offenders; revising the provisions relating to psychosexual evaluations and the process of certifying whether certain offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising the provisions relating to the process of certifying whether certain offenders may be released on parole; and providing other matters properly relating thereto.”.