S.B. 412
Senate Bill No. 412–Committee on Judiciary
March 19, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises various provisions pertaining to certain offenders. (BDR 14‑798)
FISCAL NOTE: Effect on Local Government: No.
~
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).
AN ACT relating to offenders; revising the provisions pertaining to the registration of certain offenders; revising the provisions pertaining to community notification regarding sex offenders; revising the provisions pertaining to the conditions of probation and parole of sex offenders; revising the provisions governing criminal liability for certain offenders who fail to register or fail to notify certain agencies of a change of address; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 176.0926 is hereby amended to read as follows:
1-2 176.0926 1. If a defendant is convicted of a crime against a child, the
1-3 court shall, before imposing sentence:
1-4 (a) Notify the [division] central repository of the conviction of the
1-5 defendant, so the [division and the] central repository may carry out the
1-6 provisions for registration of the defendant pursuant to NRS 179D.230.
1-7 (b) Inform the defendant of the requirements for registration, including,
1-8 but not limited to:
1-9 (1) The duty to register in this state during any period in which he is a
1-10 resident of this state or a nonresident who is a student or worker within this
1-11 state and the time within which he is required to register pursuant to NRS
1-12 179D.240;
1-13 (2) The duty to register in any other jurisdiction during any period in
1-14 which he is a resident of the other jurisdiction or a nonresident who is a
1-15 student or worker within the other jurisdiction;
1-16 (3) If he moves from this state to another jurisdiction, the duty to
1-17 register with the appropriate law enforcement agency in the other
1-18 jurisdiction; and
1-19 (4) The duty to notify the [division,] local law enforcement agency
1-20 in whose jurisdiction he formerly resided, in writing, if he changes the
1-21 address at which he resides, including if he moves from this state to
2-1 another jurisdiction, or changes the primary address at which he is a
2-2 student or worker.
2-3 (c) Require the defendant to read and sign a form confirming that the
2-4 requirements for registration have been explained to him.
2-5 2. The failure to provide the defendant with the information or
2-6 confirmation form required by paragraphs (b) and (c) of subsection 1 does
2-7 not affect the duty of the defendant to register and to comply with all other
2-8 provisions for registration pursuant to NRS 179D.200 to 179D.290,
2-9 inclusive.
2-10 Sec. 2. NRS 176.0927 is hereby amended to read as follows:
2-11 176.0927 1. If a defendant is convicted of a sexual offense, the court
2-12 shall, before imposing sentence:
2-13 (a) Notify the [division] central repository of the conviction of the
2-14 defendant, so the [division and the] central repository may carry out the
2-15 provisions for registration of the defendant pursuant to NRS 179D.450.
2-16 (b) Inform the defendant of the requirements for registration, including,
2-17 but not limited to:
2-18 (1) The duty to register in this state during any period in which he is a
2-19 resident of this state or a nonresident who is a student or worker within this
2-20 state and the time within which he is required to register pursuant to NRS
2-21 179D.460;
2-22 (2) The duty to register in any other jurisdiction during any period in
2-23 which he is a resident of the other jurisdiction or a nonresident who is a
2-24 student or worker within the other jurisdiction;
2-25 (3) If he moves from this state to another jurisdiction, the duty to
2-26 register with the appropriate law enforcement agency in the other
2-27 jurisdiction; and
2-28 (4) The duty to notify the [division,] local law enforcement agency
2-29 in whose jurisdiction he formerly resided, in writing, if he changes the
2-30 address at which he resides, including if he moves from this state to
2-31 another jurisdiction, or changes the primary address at which he is a
2-32 student or worker.
2-33 (c) Require the defendant to read and sign a form stating that the
2-34 requirements for registration have been explained to him.
2-35 2. The failure to provide the defendant with the information or
2-36 confirmation form required by paragraphs (b) and (c) of subsection 1 does
2-37 not affect the duty of the defendant to register and to comply with all other
2-38 provisions for registration pursuant to NRS 179D.350 to 179D.550,
2-39 inclusive.
2-40 Sec. 3. NRS 176A.410 is hereby amended to read as follows:
2-41 176A.410 1. Except as otherwise provided in subsection 2, if a
2-42 defendant is convicted of a sexual offense and the court grants probation or
2-43 suspends the sentence, the court shall, in addition to any other condition
2-44 ordered pursuant to NRS 176A.400, order as a condition of probation or
2-45 suspension of sentence that the defendant:
2-46 (a) Reside at a location only if it has been approved by the parole and
2-47 probation officer assigned to the defendant;
2-48 (b) Accept a position of employment only if it has been approved by the
2-49 parole and probation officer assigned to the defendant;
3-1 (c) Abide by any curfew imposed by the parole and probation officer
3-2 assigned to the defendant;
3-3 (d) Participate in and complete a program of professional counseling
3-4 approved by the division;
3-5 (e) Submit to periodic tests , as requested by the parole and probation
3-6 officer assigned to the defendant, to determine whether the defendant is
3-7 using a controlled substance [and submit] ;
3-8 (f) Submit to periodic [polygraphic] polygraph examinations, as
3-9 requested by the parole and probation officer assigned to the defendant;
3-10 [(f)] (g) Abstain from consuming , possessing or having under his
3-11 control any alcohol;
3-12 [(g)] (h) Not have contact or communicate with a victim of the sexual
3-13 offense or a witness who testified against the defendant or solicit another
3-14 person to engage in such contact or communication on behalf of the
3-15 defendant[;
3-16 (h)] , unless approved by the parole and probation officer assigned to
3-17 the defendant;
3-18 (i) Not use aliases or fictitious names;
3-19 [(i)] (j) Not obtain a post office box unless the defendant receives
3-20 permission from the parole and probation officer assigned to the defendant;
3-21 [(j)] (k) Not have contact with a person less than 18 years of age in a
3-22 secluded environment unless another adult who has never been convicted
3-23 of a sexual offense is present[; and
3-24 (k) Not] and permission has been obtained from the parole and
3-25 probation officer assigned to the defendant in advance of each such
3-26 contact;
3-27 (l) Unless approved by the parole and probation officer assigned to the
3-28 defendant, not be in or near:
3-29 (1) A playground, park, school or school grounds;
3-30 (2) A motion picture theater; or
3-31 (3) A business that primarily has children as customers or conducts
3-32 events that primarily children attend.
3-33 (m) Comply with any protocol concerning the use of prescription
3-34 medication prescribed by a treating physician, including, without
3-35 limitation, any protocol concerning the use of psychotropic medication;
3-36 (n) Not possess any sexually explicit material that is deemed
3-37 inappropriate by the parole and probation officer assigned to the
3-38 defendant;
3-39 (o) Not patronize a business which offers a sexually related form of
3-40 entertainment and which is deemed inappropriate by the parole and
3-41 probation officer assigned to the defendant; and
3-42 (p) Not possess any electronic device capable of accessing the Internet
3-43 and not access the Internet through any such device or any other means,
3-44 unless possession of such a device or such access is approved by the
3-45 parole and probation officer assigned to the defendant.
3-46 2. The court is not required to impose a condition of probation or
3-47 suspension of sentence listed in subsection 1 if the court finds that
3-48 extraordinary circumstances are present and the court enters those
3-49 extraordinary circumstances in the record.
4-1 3. As used in this section, “sexual offense” has the meaning ascribed to
4-2 it in NRS 179D.410.
4-3 Sec. 4. NRS 179D.230 is hereby amended to read as follows:
4-4 179D.230 1. If the [division] central repository receives notice from
4-5 a court pursuant to NRS 176.0926 that an offender has been convicted of a
4-6 crime against a child, the [division] central repository shall:
4-7 (a) If a record of registration has not previously been established for the
4-8 offender [by the division, establish a record of registration for the offender
4-9 and forward the record of registration to the central repository;] , notify the
4-10 local law enforcement agency so that a record of registration may be
4-11 established; or
4-12 (b) If a record of registration has previously been established for the
4-13 offender , [by the division,] update the record of registration for the
4-14 offender and [forward the record of registration to the central repository.]
4-15 notify the appropriate local law enforcement agency.
4-16 2. If the offender named in the notice is granted probation or otherwise
4-17 will not be incarcerated or confined, the central repository shall
4-18 immediately provide notification concerning the offender to the appropriate
4-19 local law enforcement agencies and, if the offender resides in a jurisdiction
4-20 which is outside of this state, to the appropriate law enforcement agency in
4-21 that jurisdiction.
4-22 3. If [the offender named in the notice] an offender is incarcerated or
4-23 confined[,] and has previously been convicted of a crime against a child,
4-24 before the offender is released:
4-25 (a) The [division] department of prisons or a local law enforcement
4-26 agency in whose facility the offender is incarcerated or confined shall:
4-27 (1) Inform the offender of the requirements for registration,
4-28 including, but not limited to:
4-29 (I) The duty to register in this state during any period in which he
4-30 is a resident of this state or a nonresident who is a student or worker within
4-31 this state and the time within which he is required to register pursuant to
4-32 NRS 179D.240;
4-33 (II) The duty to register in any other jurisdiction during any period
4-34 in which he is a resident of the other jurisdiction or a nonresident who is a
4-35 student or worker within the other jurisdiction;
4-36 (III) If he moves from this state to another jurisdiction, the duty to
4-37 register with the appropriate law enforcement agency in the other
4-38 jurisdiction; and
4-39 (IV) The duty to notify the [division,] local law enforcement
4-40 agency for the jurisdiction in which he now resides and the jurisdiction
4-41 in which he most recently resided, in writing, if he changes the address at
4-42 which he resides, including if he moves from this state to another
4-43 jurisdiction, or changes the primary address at which he is a student or
4-44 worker; and
4-45 (2) Require the offender to read and sign a form confirming that the
4-46 requirements for registration have been explained to him[; and
4-47 (3)] and to forward the form to the central repository.
4-48 (b) The central repository shall:
5-1 (1) Update the record of registration for the offender [and forward the
5-2 record of registration to the central repository; and
5-3 (b) The central repository shall provide] ; and
5-4 (2) Provide notification concerning the offender to the appropriate
5-5 local law enforcement agencies and, if the offender will reside upon release
5-6 in a jurisdiction which is outside of this state, to the appropriate law
5-7 enforcement agency in that jurisdiction.
5-8 4. [If requested by the division, the department of prisons or a local
5-9 law enforcement agency in whose facility the offender is incarcerated shall
5-10 provide the offender with the information and the confirmation form
5-11 required by paragraph (a) of subsection 3.
5-12 5.] The failure to provide an offender with the information or
5-13 confirmation form required by paragraph (a) of subsection 3 does not affect
5-14 the duty of the offender to register and to comply with all other provisions
5-15 for registration.
5-16 [6.] 5. If the central repository receives notice from another
5-17 jurisdiction or the Federal Bureau of Investigation that an offender
5-18 convicted of a crime against a child is now residing or is a student or
5-19 worker within this state[:
5-20 (a) The central repository shall immediately] , the central repository
5-21 shall:
5-22 (a) Immediately provide notification concerning the offender to [the
5-23 division and to] the appropriate local law enforcement agencies; and
5-24 (b) [The division shall establish] Establish a record of registration for
5-25 the offender [and forward the record of registration to the central
5-26 repository.] with the assistance of the local law enforcement agency.
5-27 Sec. 5. NRS 179D.240 is hereby amended to read as follows:
5-28 179D.240 1. In addition to any other registration that is required
5-29 pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has
5-30 been convicted of a crime against a child shall register with a local law
5-31 enforcement agency [and with the division] pursuant to the provisions of
5-32 this section.
5-33 2. Except as otherwise provided in subsection 3, if the offender resides
5-34 or is present for 48 hours or more within:
5-35 (a) A county; or
5-36 (b) An incorporated city that does not have a city police
department,
5-37 the offender shall be deemed a resident offender and shall register with the
5-38 sheriff’s office of the county or, if the county or the city is within the
5-39 jurisdiction of a metropolitan police department, the metropolitan police
5-40 department, not later than 48 hours after arriving or establishing a
5-41 residence within the county or the city.
5-42 3. If the offender resides or is present for 48 hours or more within an
5-43 incorporated city that has a city police department, the offender shall be
5-44 deemed a resident offender and shall register with the city police
5-45 department not later than 48 hours after arriving or establishing a residence
5-46 within the city.
5-47 4. If the offender is a nonresident offender who is a student or worker
5-48 within this state, the offender shall register with the appropriate sheriff’s
6-1 office, metropolitan police department or city police department in whose
6-2 jurisdiction he is a student or worker not later than 48 hours after becoming
6-3 a student or worker within this state.
6-4 5. To register with a local law enforcement agency pursuant to this
6-5 section, the offender shall:
6-6 (a) Appear personally at the office of the appropriate local law
6-7 enforcement agency;
6-8 (b) Provide all information that is requested by the local law
6-9 enforcement agency, including, but not limited to, fingerprints and a
6-10 photograph; and
6-11 (c) Sign and date the record of registration or some other proof of
6-12 registration in the presence of an officer of the local law enforcement
6-13 agency.
6-14 6. When an offender registers, the local law enforcement agency shall:
6-15 (a) Inform the offender of the duty to [register and the time within
6-16 which the offender is required to register with the division if he has not
6-17 previously done so;] notify the local law enforcement agency if the
6-18 offender changes the address at which he resides or changes the primary
6-19 address at which he is a student or worker; and
6-20 (b) Inform the offender of the duty to [notify the division if the offender
6-21 changes the address at which he resides, including if he moves from this
6-22 state to another jurisdiction, or changes the primary address at which he is
6-23 a student or worker; and
6-24 (c) Provide the offender with the appropriate address of the office of the
6-25 division at which the offender must register and provide notification of
6-26 each such change of address.] register with the local law enforcement
6-27 agency in whose jurisdiction the offender relocates.
6-28 7. After the offender registers with the local law enforcement agency[:
6-29 (a) The local law enforcement agency shall notify the division of the
6-30 registration.
6-31 (b) If the offender has not previously registered with the division, the
6-32 offender shall, not later than 48 hours after registering with the local law
6-33 enforcement agency:
6-34 (1) Appear personally at the appropriate office of the division;
6-35 (2) Provide all information that is requested by the division,
6-36 including, but not limited to, fingerprints and a photograph; and
6-37 (3) Sign and date the record of registration in the presence of an
6-38 officer or employee of the division.] , the local law enforcement agency
6-39 shall forward to the central repository the information collected,
6-40 including the fingerprints and a photograph, of the registrant.
6-41 8. If the [division] central repository has not previously established a
6-42 record of registration for an offender described in subsection 7[:
6-43 (a) The division shall establish] , the central repository shall:
6-44 (a) Establish a record of registration for the offender; and [forward the
6-45 record of registration to the central repository; and
6-46 (b) The central repository shall provide]
6-47 (b) Provide notification concerning the offender to the appropriate local
6-48 law enforcement agencies.
7-1 Sec. 6. NRS 179D.250 is hereby amended to read as follows:
7-2 179D.250 1. If an offender convicted of a crime against a child
7-3 changes the address at which he resides, including moving from this state
7-4 to another jurisdiction, or changes the primary address at which he is a
7-5 student or worker, not later than 48 hours after changing such an address,
7-6 the offender shall provide the new address, in writing, to the [division]
7-7 local law enforcement agency in whose jurisdiction he now resides and to
7-8 the local law enforcement agency in whose jurisdiction he formerly
7-9 resided and shall provide all other information that is relevant to updating
7-10 his record of registration, including, but not limited to, any change in his
7-11 name, occupation, employment, work, volunteer service or driver’s license
7-12 and any change in the license number or description of a motor vehicle
7-13 registered to or frequently driven by him.
7-14 2. Upon receiving a change of address from an offender, the [division]
7-15 local law enforcement agency shall immediately forward the new address
7-16 and any updated information to the central repository and:
7-17 (a) If the offender has changed an address within this state, the central
7-18 repository shall immediately provide notification concerning the offender
7-19 to the appropriate local law enforcement agency in whose jurisdiction the
7-20 offender is now residing or is a student or worker and shall notify the local
7-21 law enforcement agency in whose jurisdiction the offender last resided or
7-22 was a student or worker; or
7-23 (b) If the offender has changed an address from this state to another
7-24 jurisdiction, the central repository shall immediately provide notification
7-25 concerning the offender to the appropriate law enforcement agency in the
7-26 other jurisdiction and shall notify the local law enforcement agency in
7-27 whose jurisdiction the offender last resided or was a student or worker.
7-28 Sec. 7. NRS 179D.260 is hereby amended to read as follows:
7-29 179D.260 1. Except as otherwise provided in subsection 4, each
7-30 year, on the anniversary of the date that the [division] central repository
7-31 establishes a record of registration for the offender, the central repository
7-32 shall mail to the offender, at the address last registered by the offender, a
7-33 nonforwardable verification form. The offender shall complete and sign the
7-34 form and mail the form to the central repository not later than 10 days after
7-35 receipt of the form to verify that he still resides at the address he last
7-36 registered.
7-37 2. An offender shall include with each verification form a current set
7-38 of fingerprints, a current photograph and all other information that is
7-39 relevant to updating his record of registration, including, but not limited to,
7-40 any change in his name, occupation, employment, work, volunteer service
7-41 or driver’s license and any change in the license number or description of a
7-42 motor vehicle registered to or frequently driven by him. The central
7-43 repository shall provide all updated information to [the division and to] the
7-44 appropriate local law enforcement agencies.
7-45 3. If the central repository does not receive a verification form from an
7-46 offender and otherwise cannot verify the address or location of the
7-47 offender, the central repository shall immediately notify [the division and]
7-48 the appropriate local law enforcement agencies.
8-1 4. The central repository is not required to complete the mailing
8-2 pursuant to subsection 1:
8-3 (a) During any period in which an offender is incarcerated or confined
8-4 or has changed his place of residence from this state to another jurisdiction;
8-5 or
8-6 (b) For a nonresident offender who is a student or worker within this
8-7 state.
8-8 Sec. 8. NRS 179D.270 is hereby amended to read as follows:
8-9 179D.270 1. An offender convicted of a crime against a child shall
8-10 comply with the provisions for registration for as long as the offender
8-11 resides or is present within this state or is a nonresident offender who is a
8-12 student or worker within this state, unless the duty of the offender to
8-13 register is terminated pursuant to the provisions of this section.
8-14 2. Except as otherwise provided in subsection 5, if an offender
8-15 complies with the provisions for registration for an interval of at least 15
8-16 consecutive years during which he is not convicted of an offense that poses
8-17 a threat to the safety or well-being of others, the offender may file a
8-18 petition to terminate his duty to register with the district court in whose
8-19 jurisdiction he resides or, if he is a nonresident offender, in whose
8-20 jurisdiction he is a student or worker. For the purposes of this subsection,
8-21 registration begins on the date that the [division] central repository
8-22 establishes a record of registration for the offender or the date that the
8-23 offender is released, whichever occurs later.
8-24 3. If the offender satisfies the requirements of subsection 2, the court
8-25 shall hold a hearing on the petition at which the offender and any other
8-26 interested person may present witnesses and other evidence. If the court
8-27 determines from the evidence presented at the hearing that the offender is
8-28 not likely to pose a threat to the safety of others, the court shall terminate
8-29 the duty of the offender to register.
8-30 4. If the court does not terminate the duty of the offender to register
8-31 after a petition is heard pursuant to subsections 2 and 3, the offender may
8-32 file another petition after each succeeding interval of 5 consecutive years if
8-33 the offender is not convicted of an offense that poses a threat to the safety
8-34 or well-being of others.
8-35 5. An offender may not file a petition to terminate his duty to register
8-36 pursuant to this section if the offender:
8-37 (a) Is subject to community notification or to lifetime supervision
8-38 pursuant to NRS 176.0931 as a sex offender;
8-39 (b) Has been declared to be a sexually violent predator, as defined in
8-40 NRS 179D.430; or
8-41 (c) Has been convicted of:
8-42 (1) One or more sexually violent offenses, as defined in NRS
8-43 179D.420;
8-44 (2) Two or more sexual offenses, as defined in NRS 179D.410,
8-45 against persons less than 18 years of age;
8-46 (3) Two or more crimes against a child; or
8-47 (4) At least one of each offense listed in subparagraphs (2) and (3).
8-48 Sec. 9. NRS 179D.290 is hereby amended to read as follows:
8-49 179D.290 An offender convicted of a crime against a child who:
9-1 1. Fails to register with a local law enforcement agency ; [or with the
9-2 division;]
9-3 2. Fails to notify the [division] local law enforcement agency of a
9-4 change of address;
9-5 3. Provides false or misleading information to [the division,] the
9-6 central repository or a local law enforcement agency; or
9-7 4. Otherwise violates the provisions of NRS 179D.200 to 179D.290,
9-8 inclusive,
9-9 is guilty of a category D felony and shall be punished as provided in NRS
9-10 193.130.
9-11 Sec. 10. NRS 179D.450 is hereby amended to read as follows:
9-12 179D.450 1. If the [division] central repository receives notice from
9-13 a court pursuant to NRS 176.0927 that a sex offender has been convicted of
9-14 a sexual offense or pursuant to NRS 62.590 that a juvenile sex offender has
9-15 been deemed to be an adult sex offender, the [division] central repository
9-16 shall:
9-17 (a) If a record of registration has not previously been established for the
9-18 sex offender [by the division, establish a record of registration for the sex
9-19 offender and forward the record of registration to the central repository;] ,
9-20 notify the local law enforcement agency so that a record of registration
9-21 may be established; or
9-22 (b) If a record of registration has previously been established for the sex
9-23 [offender by the division,] update the record of registration for the sex
9-24 offender and [forward the record of registration to the central repository.]
9-25 notify the appropriate local law enforcement agencies.
9-26 2. If the sex offender named in the notice is granted probation or
9-27 otherwise will not be incarcerated or confined or if the sex offender named
9-28 in the notice has been deemed to be an adult sex offender pursuant to NRS
9-29 62.590 and is not otherwise incarcerated or confined:
9-30 (a) The central repository shall immediately provide notification
9-31 concerning the sex offender to the appropriate local law enforcement
9-32 agencies and, if the sex offender resides in a jurisdiction which is outside
9-33 of this state, to the appropriate law enforcement agency in that jurisdiction;
9-34 and
9-35 (b) If the sex offender is subject to community notification, the
9-36 [division] central repository shall arrange for the assessment of the risk of
9-37 recidivism of the sex offender pursuant to the guidelines and procedures
9-38 for community notification established by the attorney general pursuant to
9-39 NRS 179D.600 to 179D.800, inclusive.
9-40 3. If [the] a sex offender [named in the notice] is incarcerated or
9-41 confined[,] and has previously been convicted of a sexual offense as
9-42 described in NRS 179D.410, before the sex offender is released:
9-43 (a) The [division] department of prisons or a local law enforcement
9-44 agency in whose facility the sex offender is incarcerated or confined
9-45 shall:
9-46 (1) Inform the sex offender of the requirements for registration,
9-47 including, but not limited to:
9-48 (I) The duty to register in this state during any period in which he
9-49 is a resident of this state or a nonresident who is a student or worker within
10-1 this state and the time within which he is required to register pursuant to
10-2 NRS 179D.460;
10-3 (II) The duty to register in any other jurisdiction during any period
10-4 in which he is a resident of the other jurisdiction or a nonresident who is a
10-5 student or worker within the other jurisdiction;
10-6 (III) If he moves from this state to another jurisdiction, the duty to
10-7 register with the appropriate law enforcement agency in the other
10-8 jurisdiction; and
10-9 (IV) The duty to notify the [division,] local law enforcement
10-10 agencies for the jurisdiction in which he now resides and the jurisdiction
10-11 in which he formerly resided in writing, if he changes the address at which
10-12 he resides, including if he moves from this state to another jurisdiction, or
10-13 changes the primary address at which he is a student or worker; and
10-14 (2) Require the sex offender to read and sign a form confirming that
10-15 the requirements for registration have been explained to him[;
10-16 (3)] and to forward the form to the central repository.
10-17 (b) The central repository shall:
10-18 (1) Update the record of registration for the sex offender [and
10-19 forward the record of registration to the central repository; and
10-20 (4)] ;
10-21 (2) If the sex offender is subject to community notification, arrange
10-22 for the assessment of the risk of recidivism of the sex offender pursuant to
10-23 the guidelines and procedures for community notification established by
10-24 the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive;
10-25 and
10-26 [(b) The central repository shall provide]
10-27 (3) Provide notification concerning the sex offender to the
10-28 appropriate local law enforcement agencies and, if the sex offender will
10-29 reside upon release in a jurisdiction which is outside of this state, to the
10-30 appropriate law enforcement agency in that jurisdiction.
10-31 4. [If requested by the division, the department of prisons or a local
10-32 law enforcement agency in whose facility the sex offender is incarcerated
10-33 shall provide the sex offender with the information and the confirmation
10-34 form required by paragraph (a) of subsection 3.
10-35 5.] The failure to provide a sex offender with the information or
10-36 confirmation form required by paragraph (a) of subsection 3 does not affect
10-37 the duty of the sex offender to register and to comply with all other
10-38 provisions for registration.
10-39 [6.] 5. If the central repository receives notice from another
10-40 jurisdiction or the Federal Bureau of Investigation that a sex offender is
10-41 now residing or is a student or worker within this state[:
10-42 (a) The] the central repository shall [immediately] :
10-43 (a) Immediately provide notification concerning the sex offender to [the
10-44 division and to] the appropriate local law enforcement agencies;
10-45 (b) [The division shall establish] Establish a record of registration for
10-46 the sex offender ; [and forward the record of registration to the central
10-47 repository;] and
10-48 (c) If the sex offender is subject to community notification, [the division
10-49 shall] arrange for the assessment of the risk of recidivism of the sex
11-1 offender pursuant to the guidelines and procedures for community
11-2 notification established by the attorney general pursuant to NRS 179D.600
11-3 to 179D.800, inclusive.
11-4 Sec. 11. NRS 179D.460 is hereby amended to read as follows:
11-5 179D.460 1. In addition to any other registration that is required
11-6 pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or
11-7 has been convicted of a sexual offense shall register with a local law
11-8 enforcement agency [and with the division] pursuant to the provisions of
11-9 this section.
11-10 2. Except as otherwise provided in subsection 3, if the sex offender
11-11 resides or is present for 48 hours or more within:
11-12 (a) A county; or
11-13 (b) An incorporated city that does not have a city police
department,
11-14 the sex offender shall be deemed a resident sex offender and shall register
11-15 with the sheriff’s office of the county or, if the county or the city is within
11-16 the jurisdiction of a metropolitan police department, the metropolitan
11-17 police department, not later than 48 hours after arriving or establishing a
11-18 residence within the county or the city.
11-19 3. If the sex offender resides or is present for 48 hours or more within
11-20 an incorporated city that has a city police department, the sex offender
11-21 shall be deemed a resident sex offender and shall register with the city
11-22 police department not later than 48 hours after arriving or establishing a
11-23 residence within the city.
11-24 4. If the sex offender is a nonresident sex offender who is a student or
11-25 worker within this state, the sex offender shall register with the appropriate
11-26 sheriff’s office, metropolitan police department or city police department in
11-27 whose jurisdiction he is a student or worker not later than 48 hours after
11-28 becoming a student or worker within this state.
11-29 5. To register with a local law enforcement agency pursuant to this
11-30 section, the sex offender shall:
11-31 (a) Appear personally at the office of the appropriate local law
11-32 enforcement agency;
11-33 (b) Provide all information that is requested by the local law
11-34 enforcement agency, including, but not limited to, fingerprints and a
11-35 photograph; and
11-36 (c) Sign and date the record of registration or some other proof of
11-37 registration of the local law enforcement agency in the presence of an
11-38 officer of the local law enforcement agency.
11-39 6. When a sex offender registers, the local law enforcement agency
11-40 shall:
11-41 (a) Inform the sex offender of the duty to [register and the time within
11-42 which the sex offender is required to register with the division if he has not
11-43 previously done so;] notify the local law enforcement agency if the sex
11-44 offender changes the address at which he resides, including if he moves
11-45 from this state to another jurisdiction, or changes the primary address at
11-46 which he is a student or worker; and
11-47 (b) Inform the sex offender of the duty to [notify the division if the sex
11-48 offender changes the address at which he resides, including if he moves
12-1 from this state to another jurisdiction, or changes the primary address at
12-2 which he is a student or worker; and
12-3 (c) Provide the sex offender with the appropriate address of the office of
12-4 the division at which the sex offender must register and provide
12-5 notification of each such change of address.] register with the local law
12-6 enforcement agency in whose jurisdiction the sex offender relocates.
12-7 7. After the sex offender registers with the local law enforcement
12-8 agency[:
12-9 (a) The local law enforcement agency shall notify the division of the
12-10 registration.
12-11 (b) If the sex offender has not previously registered with the division,
12-12 the sex offender shall, not later than 48 hours after registering with the
12-13 local law enforcement agency:
12-14 (1) Appear personally at the appropriate office of the division;
12-15 (2) Provide all information that is requested by the division,
12-16 including, but not limited to, fingerprints and a photograph; and
12-17 (3) Sign and date the record of registration in the presence of an
12-18 officer or employee of the division.] , the local law enforcement agency
12-19 shall forward to the central repository the information collected,
12-20 including the fingerprints and a photograph, of the registrant.
12-21 8. If the [division] central repository has not previously established a
12-22 record of registration for a sex offender described in subsection 7[:
12-23 (a) The division shall establish] , the central repository shall:
12-24 (a) Establish a record of registration for the sex offender [and forward
12-25 the record of registration to the central repository;
12-26 (b) The central repository shall provide] ;
12-27 (b) Provide notification concerning the sex offender to the appropriate
12-28 local law enforcement agencies; and
12-29 (c) If the sex offender is subject to community notification and has not
12-30 otherwise been assigned a level of notification, [the division shall] arrange
12-31 for the assessment of the risk of recidivism of the sex offender pursuant to
12-32 the guidelines and procedures for community notification established by
12-33 the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
12-34 Sec. 12. NRS 179D.470 is hereby amended to read as follows:
12-35 179D.470 1. If a sex offender changes the address at which he
12-36 resides, including moving from this state to another jurisdiction, or changes
12-37 the primary address at which he is a student or worker, not later than 48
12-38 hours after changing such an address, the sex offender shall provide the
12-39 new address, in writing, to the [division] local law enforcement agency in
12-40 whose jurisdiction he now resides and the local law enforcement agency
12-41 in whose jurisdiction he formerly resided and shall provide all other
12-42 information that is relevant to updating his record of registration, including,
12-43 but not limited to, any change in his name, occupation, employment, work,
12-44 volunteer service or driver’s license and any change in the license number
12-45 or description of a motor vehicle registered to or frequently driven by him.
12-46 2. Upon receiving a change of address from a sex offender, the
12-47 [division] local law enforcement agency shall immediately forward the
12-48 new address and any updated information to the central repository and:
13-1 (a) If the sex offender has changed an address within this state, the
13-2 central repository shall immediately provide notification concerning the
13-3 sex offender to the local law enforcement agency in whose jurisdiction the
13-4 sex offender is now residing or is a student or worker and shall notify the
13-5 local law enforcement agency in whose jurisdiction the sex offender last
13-6 resided or was a student or worker; or
13-7 (b) If the sex offender has changed an address from this state to another
13-8 jurisdiction, the central repository shall immediately provide notification
13-9 concerning the sex offender to the appropriate law enforcement agency in
13-10 the other jurisdiction and shall notify the local law enforcement agency in
13-11 whose jurisdiction the sex offender last resided or was a student or worker.
13-12 Sec. 13. NRS 179D.480 is hereby amended to read as follows:
13-13 179D.480 1. Except as otherwise provided in subsections 2 and 5,
13-14 each year, on the anniversary of the date that the [division] central
13-15 repository establishes a record of registration for the sex offender, the
13-16 central repository shall mail to the sex offender, at the address last
13-17 registered by the sex offender, a nonforwardable verification form. The sex
13-18 offender shall complete and sign the form and mail the form to the central
13-19 repository not later than 10 days after receipt of the form to verify that he
13-20 still resides at the address he last registered.
13-21 2. Except as otherwise provided in subsection 5, if a sex offender has
13-22 been declared to be a sexually violent predator, every 90 days, beginning
13-23 on the date that the [division] central repository establishes a record of
13-24 registration for the sex offender, the central repository shall mail to the sex
13-25 offender, at the address last registered by the sex offender, a
13-26 nonforwardable verification form. The sex offender shall complete and
13-27 sign the form and mail the form to the central repository not later than 10
13-28 days after receipt of the form to verify that he still resides at the address he
13-29 last registered.
13-30 3. A sex offender shall include with each verification form a current
13-31 set of fingerprints, a current photograph and all other information that is
13-32 relevant to updating his record of registration, including, but not limited to,
13-33 any change in his name, occupation, employment, work, volunteer service
13-34 or driver’s license and any change in the license number or description of a
13-35 motor vehicle registered to or frequently driven by him. The central
13-36 repository shall provide all updated information to the [division and to the]
13-37 appropriate local law enforcement agencies.
13-38 4. If the central repository does not receive a verification form from a
13-39 sex offender and otherwise cannot verify the address or location of the sex
13-40 offender, the central repository shall immediately notify the [division and
13-41 the] appropriate local law enforcement agencies.
13-42 5. The central repository is not required to complete the mailing
13-43 pursuant to subsection 1 or 2:
13-44 (a) During any period in which a sex offender is incarcerated or
13-45 confined or has changed his place of residence from this state to another
13-46 jurisdiction; or
13-47 (b) For a nonresident sex offender who is a student or worker within
13-48 this state.
14-1 Sec. 14. NRS 179D.490 is hereby amended to read as follows:
14-2 179D.490 1. A sex offender shall comply with the provisions for
14-3 registration for as long as the sex offender resides or is present within this
14-4 state or is a nonresident sex offender who is a student or worker within this
14-5 state, unless the duty of the sex offender to register is terminated pursuant
14-6 to the provisions of this section.
14-7 2. Except as otherwise provided in subsection 5, if a sex offender
14-8 complies with the provisions for registration for an interval of at least 15
14-9 consecutive years during which he is not convicted of an offense that poses
14-10 a threat to the safety or well-being of others, the sex offender may file a
14-11 petition to terminate his duty to register with the district court in whose
14-12 jurisdiction he resides or, if he is a nonresident sex offender, in whose
14-13 jurisdiction he is a student or worker. For the purposes of this subsection,
14-14 registration begins on the date that the [division] central repository
14-15 establishes a record of registration for the sex offender or the date that the
14-16 sex offender is released, whichever occurs later.
14-17 3. If the sex offender satisfies the requirements of subsection 2, the
14-18 court shall hold a hearing on the petition at which the sex offender and any
14-19 other interested person may present witnesses and other evidence. If the
14-20 court determines from the evidence presented at the hearing that the sex
14-21 offender is not likely to pose a threat to the safety of others, the court shall
14-22 terminate the duty of the sex offender to register.
14-23 4. If the court does not terminate the duty of the sex offender to
14-24 register after a petition is heard pursuant to subsections 2 and 3, the sex
14-25 offender may file another petition after each succeeding interval of 5
14-26 consecutive years if the sex offender is not convicted of an offense that
14-27 poses a threat to the safety or well-being of others.
14-28 5. A sex offender may not file a petition to terminate his duty to
14-29 register pursuant to this section if the sex offender:
14-30 (a) Is subject to community notification or to lifetime supervision
14-31 pursuant to NRS 176.0931;
14-32 (b) Has been declared to be a sexually violent predator; or
14-33 (c) Has been convicted of:
14-34 (1) One or more sexually violent offenses;
14-35 (2) Two or more sexual offenses against persons less than 18 years of
14-36 age;
14-37 (3) Two or more crimes against a child, as defined in NRS 179D.210;
14-38 or
14-39 (4) At least one of each offense listed in subparagraphs (2) and (3).
14-40 Sec. 15. NRS 179D.550 is hereby amended to read as follows:
14-41 179D.550 A sex offender who:
14-42 1. Fails to register with a local law enforcement agency ; [or with the
14-43 division;]
14-44 2. Fails to notify the [division] local law enforcement agency of a
14-45 change of address;
14-46 3. Provides false or misleading information to the [division, the]
14-47 central repository or a local law enforcement agency; or
14-48 4. Otherwise violates the provisions of NRS 179D.350 to 179D.550,
14-49 inclusive,
15-1 is guilty of a category D
felony and shall be punished as provided in
NRS 193.130.
15-2 Sec. 16. NRS 62.590 is hereby amended to read as follows:
15-3 62.590 Except as otherwise provided in NRS 62.500 to 62.600,
15-4 inclusive:
15-5 1. If a child has been adjudicated delinquent for a sexual offense, the
15-6 court shall hold a hearing when the child reaches 21 years of age to
15-7 determine whether the child should be deemed an adult sex offender for the
15-8 purposes of registration and community notification pursuant to NRS
15-9 179D.350 to 179D.800, inclusive.
15-10 2. If the court determines at the hearing that the child has been
15-11 rehabilitated to the satisfaction of the court and that the child is not likely
15-12 to pose a threat to the safety of others, the court shall relieve the child of
15-13 being subject to community notification.
15-14 3. If the court determines at the hearing that the child has not been
15-15 rehabilitated to the satisfaction of the court or that the child is likely to pose
15-16 a threat to the safety of others, the court shall deem the child to be an adult
15-17 sex offender for the purposes of registration and community notification
15-18 pursuant to NRS 179D.350 to 179D.800, inclusive.
15-19 4. If a child is deemed to be an adult sex offender pursuant to this
15-20 section, the court shall notify the [division,] central repository, so the
15-21 [division and the] central repository may carry out the provisions for
15-22 registration of the child as an adult sex offender pursuant to NRS
15-23 179D.450.
15-24 Sec. 17. NRS 213.1245 is hereby amended to read as follows:
15-25 213.1245 1. Except as otherwise provided in subsection 2, if the
15-26 board releases on parole a prisoner convicted of an offense listed in NRS
15-27 179D.620, the board shall, in addition to any other condition of parole,
15-28 require as a condition of parole that the parolee:
15-29 (a) Reside at a location only if it has been approved by the parole and
15-30 probation officer assigned to the parolee;
15-31 (b) Accept a position of employment only if it has been approved by the
15-32 parole and probation officer assigned to the parolee;
15-33 (c) Abide by any curfew imposed by the parole and probation officer
15-34 assigned to the parolee;
15-35 (d) Participate in and complete a program of professional counseling
15-36 approved by the division;
15-37 (e) Submit to periodic tests , as requested by the parole and probation
15-38 officer assigned to the parolee, to determine whether the parolee is using a
15-39 controlled substance [and submit] ;
15-40 (f) Submit to periodic [polygraphic] polygraph examinations, as
15-41 requested by the parole and probation officer assigned to the parolee;
15-42 [(f)] (g) Abstain from consuming , possessing or having under his
15-43 control any alcohol;
15-44 [(g)] (h) Not have contact or communicate with a victim of the offense
15-45 or a witness who testified against the parolee or solicit another person to
15-46 engage in such contact or communication on behalf of the parolee[;
15-47 (h)] , unless approved by the parole and probation officer assigned to
15-48 the parolee;
16-1 (i) Not use aliases or fictitious names;
16-2 [(i)] (j) Not obtain a post office box unless the parolee receives
16-3 permission from the parole and probation officer assigned to the parolee;
16-4 [(j)] (k) Not have contact with a person less than 18 years of age in a
16-5 secluded environment unless another adult who has never been convicted
16-6 of an offense listed in NRS 179D.410 is present[; and
16-7 (k) Not] and permission has been obtained from the parole and
16-8 probation officer assigned to the parolee in advance of each such
16-9 contact;
16-10 (l) Unless approved by the parole and probation officer assigned to the
16-11 parolee, not be in or near:
16-12 (1) A playground, park, school or school grounds;
16-13 (2) A motion picture theater; or
16-14 (3) A business that primarily has children as customers or conducts
16-15 events that primarily children attend[.] ;
16-16 (m) Comply with any protocol concerning the use of prescription
16-17 medication prescribed by a treating physician, including, without
16-18 limitation, any protocol concerning the use of psychotropic medication;
16-19 (n) Not possess any sexually explicit material that is deemed
16-20 inappropriate by the parole and probation officer assigned to the parolee;
16-21 (o) Not patronize a business which offers a sexually related form of
16-22 entertainment and which is deemed inappropriate by the parole and
16-23 probation officer assigned to the parolee; and
16-24 (p) Not possess any electronic device capable of accessing the Internet
16-25 and not access the Internet through any such device or any other means,
16-26 unless possession of such a device or such access is approved by the
16-27 parole and probation officer assigned to the parolee.
16-28 2. The board is not required to impose a condition of parole listed in
16-29 subsection 1 if the board finds that extraordinary circumstances are present
16-30 and the board states those extraordinary circumstances in writing.
16-31 Sec. 18. 1. Except as otherwise provided in subsection 2, the
16-32 amendatory provisions of this act apply to offenses committed on, before
16-33 or after July 1, 2001.
16-34 2. The amendatory provisions of sections 9 and 15 of this act do not
16-35 apply to offenses committed before October 1, 2001.
16-36 Sec. 19. This act becomes effective on July 1, 2001.
16-37 H