(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.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; revising various provisions governing community notification of juvenile sex offenders; revising various provisions governing attendance of juvenile sex offenders at the same public school or private school as their victims; 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
1-12 NRS 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
2-1 (4) The duty to notify the [division,] local law enforcement agency
2-2 in whose jurisdiction he formerly resided, in person or in writing, if he
2-3 changes the address at which he resides, including if he moves from this
2-4 state to another jurisdiction, or changes the primary address at which he is
2-5 a student or worker.
2-6 (c) Require the defendant to read and sign a form confirming that the
2-7 requirements for registration have been explained to him.
2-8 2. The failure to provide the defendant with the information or
2-9 confirmation form required by paragraphs (b) and (c) of subsection 1 does
2-10 not affect the duty of the defendant to register and to comply with all other
2-11 provisions for registration pursuant to NRS 179D.200 to 179D.290,
2-12 inclusive.
2-13 Sec. 2. NRS 176.0927 is hereby amended to read as follows:
2-14 176.0927 1. If a defendant is convicted of a sexual offense, the court
2-15 shall, before imposing sentence:
2-16 (a) Notify the [division] central repository of the conviction of the
2-17 defendant, so the [division and the] central repository may carry out the
2-18 provisions for registration of the defendant pursuant to NRS 179D.450.
2-19 (b) Inform the defendant of the requirements for registration, including,
2-20 but not limited to:
2-21 (1) The duty to register in this state during any period in which he is a
2-22 resident of this state or a nonresident who is a student or worker within this
2-23 state and the time within which he is required to register pursuant to
2-24 NRS 179D.460;
2-25 (2) The duty to register in any other jurisdiction during any period in
2-26 which he is a resident of the other jurisdiction or a nonresident who is a
2-27 student or worker within the other jurisdiction;
2-28 (3) If he moves from this state to another jurisdiction, the duty to
2-29 register with the appropriate law enforcement agency in the other
2-30 jurisdiction; and
2-31 (4) The duty to notify the [division,] local law enforcement agency
2-32 in whose jurisdiction he formerly resided, in person or in writing, if he
2-33 changes the address at which he resides, including if he moves from this
2-34 state to another jurisdiction, or changes the primary address at which he is
2-35 a student or worker.
2-36 (c) Require the defendant to read and sign a form stating that the
2-37 requirements for registration have been explained to him.
2-38 2. The failure to provide the defendant with the information or
2-39 confirmation form required by paragraphs (b) and (c) of subsection 1 does
2-40 not affect the duty of the defendant to register and to comply with all other
2-41 provisions for registration pursuant to NRS 179D.350 to 179D.550,
2-42 inclusive.
2-43 Sec. 3. NRS 176A.410 is hereby amended to read as follows:
2-44 176A.410 1. Except as otherwise provided in subsection 2, if a
2-45 defendant is convicted of a sexual offense and the court grants probation or
2-46 suspends the sentence, the court shall, in addition to any other condition
2-47 ordered pursuant to NRS 176A.400, order as a condition of probation or
2-48 suspension of sentence that the defendant:
3-1 (a) Reside at a location only if it has been approved by the parole and
3-2 probation officer assigned to the defendant;
3-3 (b) Accept a position of employment only if it has been approved by the
3-4 parole and probation officer assigned to the defendant;
3-5 (c) Abide by any curfew imposed by the parole and probation officer
3-6 assigned to the defendant;
3-7 (d) Participate in and complete a program of professional counseling
3-8 approved by the division;
3-9 (e) Submit to periodic tests , as requested by the parole and probation
3-10 officer assigned to the defendant, to determine whether the defendant is
3-11 using a controlled substance [and submit] ;
3-12 (f) Submit to periodic [polygraphic] polygraph examinations, as
3-13 requested by the parole and probation officer assigned to the defendant;
3-14 [(f)] (g) Abstain from consuming , possessing or having under his
3-15 control any alcohol;
3-16 [(g)] (h) Not have contact or communicate with a victim of the sexual
3-17 offense or a witness who testified against the defendant or solicit another
3-18 person to engage in such contact or communication on behalf of the
3-19 defendant[;
3-20 (h)] , unless approved by the parole and probation officer assigned to
3-21 the defendant;
3-22 (i) Not use aliases or fictitious names;
3-23 [(i)] (j) Not obtain a post office box unless the defendant receives
3-24 permission from the parole and probation officer assigned to the defendant;
3-25 [(j)] (k) Not have contact with a person less than 18 years of age in a
3-26 secluded environment unless another adult who has never been convicted
3-27 of a sexual offense is present[; and
3-28 (k) Not] and permission has been obtained from the parole and
3-29 probation officer assigned to the defendant in advance of each such
3-30 contact;
3-31 (l) Unless approved by the parole and probation officer assigned to the
3-32 defendant, not be in or near:
3-33 (1) A playground, park, school or school grounds;
3-34 (2) A motion picture theater; or
3-35 (3) A business that primarily has children as customers or conducts
3-36 events that primarily children attend.
3-37 (m) Comply with any protocol concerning the use of prescription
3-38 medication prescribed by a treating physician, including, without
3-39 limitation, any protocol concerning the use of psychotropic medication;
3-40 (n) Not possess any sexually explicit material that is deemed
3-41 inappropriate by the parole and probation officer assigned to the
3-42 defendant;
3-43 (o) Not patronize a business which offers a sexually related form of
3-44 entertainment and which is deemed inappropriate by the parole and
3-45 probation officer assigned to the defendant; and
3-46 (p) Not possess any electronic device capable of accessing the Internet
3-47 and not access the Internet through any such device or any other means,
3-48 unless possession of such a device or such access is approved by the
3-49 parole and probation officer assigned to the defendant.
4-1 2. The court is not required to impose a condition of probation or
4-2 suspension of sentence listed in subsection 1 if the court finds that
4-3 extraordinary circumstances are present and the court enters those
4-4 extraordinary circumstances in the record.
4-5 3. As used in this section, “sexual offense” has the meaning ascribed to
4-6 it in NRS 179D.410.
4-7 Sec. 4. NRS 179D.230 is hereby amended to read as follows:
4-8 179D.230 1. If the [division] central repository receives notice from
4-9 a court pursuant to NRS 176.0926 that an offender has been convicted of a
4-10 crime against a child, the [division] central repository shall:
4-11 (a) If a record of registration has not previously been established for the
4-12 offender [by the division, establish a record of registration for the offender
4-13 and forward the record of registration to the central repository;] , notify the
4-14 local law enforcement agency so that a record of registration may be
4-15 established; or
4-16 (b) If a record of registration has previously been established for the
4-17 offender , [by the division,] update the record of registration for the
4-18 offender and [forward the record of registration to the central repository.]
4-19 notify the appropriate local law enforcement agency.
4-20 2. If the offender named in the notice is granted probation or otherwise
4-21 will not be incarcerated or confined, the central repository shall
4-22 immediately provide notification concerning the offender to the appropriate
4-23 local law enforcement agencies and, if the offender resides in a jurisdiction
4-24 which is outside of this state, to the appropriate law enforcement agency in
4-25 that jurisdiction.
4-26 3. If [the offender named in the notice] an offender is incarcerated or
4-27 confined[,] and has previously been convicted of a crime against a child,
4-28 before the offender is released:
4-29 (a) The [division] department of prisons or a local law enforcement
4-30 agency in whose facility the offender is incarcerated or confined shall:
4-31 (1) Inform the offender of the requirements for registration,
4-32 including, but not limited to:
4-33 (I) The duty to register in this state during any period in which he
4-34 is a resident of this state or a nonresident who is a student or worker within
4-35 this state and the time within which he is required to register pursuant to
4-36 NRS 179D.240;
4-37 (II) The duty to register in any other jurisdiction during any period
4-38 in which he is a resident of the other jurisdiction or a nonresident who is a
4-39 student or worker within the other jurisdiction;
4-40 (III) If he moves from this state to another jurisdiction, the duty to
4-41 register with the appropriate law enforcement agency in the other
4-42 jurisdiction; and
4-43 (IV) The duty to notify the [division,] local law enforcement
4-44 agency for the jurisdiction in which he now resides and the jurisdiction
4-45 in which he most recently resided, in person or in writing, if he changes
4-46 the address at which he resides, including if he moves from this state to
4-47 another jurisdiction, or changes the primary address at which he is a
4-48 student or worker; and
5-1 (2) Require the offender to read and sign a form confirming that the
5-2 requirements for registration have been explained to him[; and
5-3 (3)] and to forward the form to the central repository.
5-4 (b) The central repository shall:
5-5 (1) Update the record of registration for the offender [and forward the
5-6 record of registration to the central repository; and
5-7 (b) The central repository shall provide] ; and
5-8 (2) Provide notification concerning the offender to the appropriate
5-9 local law enforcement agencies and, if the offender will reside upon release
5-10 in a jurisdiction which is outside of this state, to the appropriate law
5-11 enforcement agency in that jurisdiction.
5-12 4. [If requested by the division, the department of prisons or a local
5-13 law enforcement agency in whose facility the offender is incarcerated shall
5-14 provide the offender with the information and the confirmation form
5-15 required by paragraph (a) of subsection 3.
5-16 5.] The failure to provide an offender with the information or
5-17 confirmation form required by paragraph (a) of subsection 3 does not affect
5-18 the duty of the offender to register and to comply with all other provisions
5-19 for registration.
5-20 [6.] 5. If the central repository receives notice from another
5-21 jurisdiction or the Federal Bureau of Investigation that an offender
5-22 convicted of a crime against a child is now residing or is a student or
5-23 worker within this state[:
5-24 (a) The central repository shall immediately] , the central repository
5-25 shall:
5-26 (a) Immediately provide notification concerning the offender to [the
5-27 division and to] the appropriate local law enforcement agencies; and
5-28 (b) [The division shall establish] Establish a record of registration for
5-29 the offender [and forward the record of registration to the central
5-30 repository.] with the assistance of the local law enforcement agency.
5-31 Sec. 5. NRS 179D.240 is hereby amended to read as follows:
5-32 179D.240 1. In addition to any other registration that is required
5-33 pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has
5-34 been convicted of a crime against a child shall register with a local law
5-35 enforcement agency [and with the division] pursuant to the provisions of
5-36 this section.
5-37 2. Except as otherwise provided in subsection 3, if the offender resides
5-38 or is present for 48 hours or more within:
5-39 (a) A county; or
5-40 (b) An incorporated city that does not have a city police
5-41 department,
5-42 the offender shall be deemed a resident offender and shall register with the
5-43 sheriff’s office of the county or, if the county or the city is within the
5-44 jurisdiction of a metropolitan police department, the metropolitan police
5-45 department, not later than 48 hours after arriving or establishing a
5-46 residence within the county or the city.
5-47 3. If the offender resides or is present for 48 hours or more within an
5-48 incorporated city that has a city police department, the offender shall be
5-49 deemed a resident offender and shall register with the city police
6-1 department not later than 48 hours after arriving or establishing a residence
6-2 within the city.
6-3 4. If the offender is a nonresident offender who is a student or worker
6-4 within this state, the offender shall register with the appropriate sheriff’s
6-5 office, metropolitan police department or city police department in whose
6-6 jurisdiction he is a student or worker not later than 48 hours after becoming
6-7 a student or worker within this state.
6-8 5. To register with a local law enforcement agency pursuant to this
6-9 section, the offender shall:
6-10 (a) Appear personally at the office of the appropriate local law
6-11 enforcement agency;
6-12 (b) Provide all information that is requested by the local law
6-13 enforcement agency, including, but not limited to, fingerprints and a
6-14 photograph; and
6-15 (c) Sign and date the record of registration or some other proof of
6-16 registration in the presence of an officer of the local law enforcement
6-17 agency.
6-18 6. When an offender registers, the local law enforcement agency shall:
6-19 (a) Inform the offender of the duty to [register and the time within
6-20 which the offender is required to register with the division if he has not
6-21 previously done so;] notify the local law enforcement agency if the
6-22 offender changes the address at which he resides or changes the primary
6-23 address at which he is a student or worker; and
6-24 (b) Inform the offender of the duty to [notify the division if the offender
6-25 changes the address at which he resides, including if he moves from this
6-26 state to another jurisdiction, or changes the primary address at which he is
6-27 a student or worker; and
6-28 (c) Provide the offender with the appropriate address of the office of the
6-29 division at which the offender must register and provide notification of
6-30 each such change of address.] register with the local law enforcement
6-31 agency in whose jurisdiction the offender relocates.
6-32 7. After the offender registers with the local law enforcement agency[:
6-33 (a) The local law enforcement agency shall notify the division of the
6-34 registration.
6-35 (b) If the offender has not previously registered with the division, the
6-36 offender shall, not later than 48 hours after registering with the local law
6-37 enforcement agency:
6-38 (1) Appear personally at the appropriate office of the division;
6-39 (2) Provide all information that is requested by the division,
6-40 including, but not limited to, fingerprints and a photograph; and
6-41 (3) Sign and date the record of registration in the presence of an
6-42 officer or employee of the division.] , the local law enforcement agency
6-43 shall forward to the central repository the information collected,
6-44 including the fingerprints and a photograph, of the offender.
6-45 8. If the [division] central repository has not previously established a
6-46 record of registration for an offender described in subsection 7[:
6-47 (a) The division shall establish] , the central repository shall:
6-48 (a) Establish a record of registration for the offender; and [forward the
6-49 record of registration to the central repository; and
7-1 (b) The central repository shall provide]
7-2 (b) Provide notification concerning the offender to the appropriate local
7-3 law enforcement agencies.
7-4 Sec. 6. NRS 179D.250 is hereby amended to read as follows:
7-5 179D.250 1. If an offender convicted of a crime against a child
7-6 changes the address at which he resides, including moving from this state
7-7 to another jurisdiction, or changes the primary address at which he is a
7-8 student or worker, not later than 48 hours after changing such an address,
7-9 the offender shall provide the new address, in person or in writing, to the
7-10 [division] local law enforcement agency in whose jurisdiction he now
7-11 resides and to the local law enforcement agency in whose jurisdiction he
7-12 formerly resided and shall provide all other information that is relevant to
7-13 updating his record of registration, including, but not limited to, any
7-14 change in his name, occupation, employment, work, volunteer service or
7-15 driver’s license and any change in the license number or description of a
7-16 motor vehicle registered to or frequently driven by him.
7-17 2. Upon receiving a change of address from an offender, the [division]
7-18 local law enforcement agency shall immediately forward the new address
7-19 and any updated information to the central repository and:
7-20 (a) If the offender has changed an address within this state, the central
7-21 repository shall immediately provide notification concerning the offender
7-22 to the appropriate local law enforcement agency in whose jurisdiction the
7-23 offender is now residing or is a student or worker and shall notify the local
7-24 law enforcement agency in whose jurisdiction the offender last resided or
7-25 was a student or worker; or
7-26 (b) If the offender has changed an address from this state to another
7-27 jurisdiction, the central repository shall immediately provide notification
7-28 concerning the offender to the appropriate law enforcement agency in the
7-29 other jurisdiction and shall notify the local law enforcement agency in
7-30 whose jurisdiction the offender last resided or was a student or worker.
7-31 Sec. 7. NRS 179D.260 is hereby amended to read as follows:
7-32 179D.260 1. Except as otherwise provided in subsection 4, each
7-33 year, on the anniversary of the date that the [division] central repository
7-34 establishes a record of registration for the offender, the central repository
7-35 shall mail to the offender, at the address last registered by the offender, a
7-36 nonforwardable verification form. The offender shall complete and sign the
7-37 form and mail the form to the central repository not later than 10 days after
7-38 receipt of the form to verify that he still resides at the address he last
7-39 registered.
7-40 2. An offender shall include with each verification form a current set
7-41 of fingerprints, a current photograph and all other information that is
7-42 relevant to updating his record of registration, including, but not limited to,
7-43 any change in his name, occupation, employment, work, volunteer service
7-44 or driver’s license and any change in the license number or description of a
7-45 motor vehicle registered to or frequently driven by him. The central
7-46 repository shall provide all updated information to [the division and to] the
7-47 appropriate local law enforcement agencies.
7-48 3. If the central repository does not receive a verification form from an
7-49 offender and otherwise cannot verify the address or location of the
8-1 offender, the central repository shall immediately notify [the division and]
8-2 the appropriate local law enforcement agencies.
8-3 4. The central repository is not required to complete the mailing
8-4 pursuant to subsection 1:
8-5 (a) During any period in which an offender is incarcerated or confined
8-6 or has changed his place of residence from this state to another jurisdiction;
8-7 or
8-8 (b) For a nonresident offender who is a student or worker within this
8-9 state.
8-10 Sec. 8. NRS 179D.270 is hereby amended to read as follows:
8-11 179D.270 1. An offender convicted of a crime against a child shall
8-12 comply with the provisions for registration for as long as the offender
8-13 resides or is present within this state or is a nonresident offender who is a
8-14 student or worker within this state, unless the duty of the offender to
8-15 register is terminated pursuant to the provisions of this section.
8-16 2. Except as otherwise provided in subsection 5, if an offender
8-17 complies with the provisions for registration for an interval of at least 15
8-18 consecutive years during which he is not convicted of an offense that poses
8-19 a threat to the safety or well-being of others, the offender may file a
8-20 petition to terminate his duty to register with the district court in whose
8-21 jurisdiction he resides or, if he is a nonresident offender, in whose
8-22 jurisdiction he is a student or worker. For the purposes of this subsection,
8-23 registration begins on the date that the [division] central repository
8-24 establishes a record of registration for the offender or the date that the
8-25 offender is released, whichever occurs later.
8-26 3. If the offender satisfies the requirements of subsection 2, the court
8-27 shall hold a hearing on the petition at which the offender and any other
8-28 interested person may present witnesses and other evidence. If the court
8-29 determines from the evidence presented at the hearing that the offender is
8-30 not likely to pose a threat to the safety of others, the court shall terminate
8-31 the duty of the offender to register.
8-32 4. If the court does not terminate the duty of the offender to register
8-33 after a petition is heard pursuant to subsections 2 and 3, the offender may
8-34 file another petition after each succeeding interval of 5 consecutive years if
8-35 the offender is not convicted of an offense that poses a threat to the safety
8-36 or well-being of others.
8-37 5. An offender may not file a petition to terminate his duty to register
8-38 pursuant to this section if the offender:
8-39 (a) Is subject to community notification or to lifetime supervision
8-40 pursuant to NRS 176.0931 as a sex offender;
8-41 (b) Has been declared to be a sexually violent predator, as defined in
8-42 NRS 179D.430; or
8-43 (c) Has been convicted of:
8-44 (1) One or more sexually violent offenses, as defined in
8-45 NRS 179D.420;
8-46 (2) Two or more sexual offenses, as defined in NRS 179D.410,
8-47 against persons less than 18 years of age;
8-48 (3) Two or more crimes against a child; or
8-49 (4) At least one of each offense listed in subparagraphs (2) and (3).
9-1 Sec. 9. NRS 179D.290 is hereby amended to read as follows:
9-2 179D.290 An offender convicted of a crime against a child who:
9-3 1. Fails to register with a local law enforcement agency ; [or with the
9-4 division;]
9-5 2. Fails to notify the [division] local law enforcement agency of a
9-6 change of address;
9-7 3. Provides false or misleading information to [the division,] the
9-8 central repository or a local law enforcement agency; or
9-9 4. Otherwise violates the provisions of NRS 179D.200 to 179D.290,
9-10 inclusive,
9-11 is guilty of a category D felony and shall be punished as provided in
9-12 NRS 193.130.
9-13 Sec. 10. NRS 179D.450 is hereby amended to read as follows:
9-14 179D.450 1. If the [division] central repository receives notice from
9-15 a court pursuant to NRS 176.0927 that a sex offender has been convicted of
9-16 a sexual offense or pursuant to NRS 62.590 that a juvenile sex offender has
9-17 been deemed to be an adult sex offender, the [division] central repository
9-18 shall:
9-19 (a) If a record of registration has not previously been established for the
9-20 sex offender [by the division, establish a record of registration for the sex
9-21 offender and forward the record of registration to the central repository;] ,
9-22 notify the local law enforcement agency so that a record of registration
9-23 may be established; or
9-24 (b) If a record of registration has previously been established for the sex
9-25 [offender by the division,] update the record of registration for the sex
9-26 offender and [forward the record of registration to the central repository.]
9-27 notify the appropriate local law enforcement agencies.
9-28 2. If the sex offender named in the notice is granted probation or
9-29 otherwise will not be incarcerated or confined or if the sex offender named
9-30 in the notice has been deemed to be an adult sex offender pursuant to NRS
9-31 62.590 and is not otherwise incarcerated or confined:
9-32 (a) The central repository shall immediately provide notification
9-33 concerning the sex offender to the appropriate local law enforcement
9-34 agencies and, if the sex offender resides in a jurisdiction which is outside
9-35 of this state, to the appropriate law enforcement agency in that jurisdiction;
9-36 and
9-37 (b) If the sex offender is subject to community notification, the
9-38 [division] central repository shall arrange for the assessment of the risk of
9-39 recidivism of the sex offender pursuant to the guidelines and procedures
9-40 for community notification established by the attorney general pursuant to
9-41 NRS 179D.600 to 179D.800, inclusive.
9-42 3. If [the] a sex offender [named in the notice] is incarcerated or
9-43 confined[,] and has previously been convicted of a sexual offense as
9-44 described in NRS 179D.410, before the sex offender is released:
9-45 (a) The [division] department of prisons or a local law enforcement
9-46 agency in whose facility the sex offender is incarcerated or confined
9-47 shall:
9-48 (1) Inform the sex offender of the requirements for registration,
9-49 including, but not limited to:
10-1 (I) The duty to register in this state during any period in which he
10-2 is a resident of this state or a nonresident who is a student or worker within
10-3 this state and the time within which he is required to register pursuant to
10-4 NRS 179D.460;
10-5 (II) The duty to register in any other jurisdiction during any period
10-6 in which he is a resident of the other jurisdiction or a nonresident who is a
10-7 student or worker within the other jurisdiction;
10-8 (III) If he moves from this state to another jurisdiction, the duty to
10-9 register with the appropriate law enforcement agency in the other
10-10 jurisdiction; and
10-11 (IV) The duty to notify the [division,] local law enforcement
10-12 agency for the jurisdiction in which he now resides and the jurisdiction
10-13 in which he formerly resided, in person or in writing, if he changes the
10-14 address at which he resides, including if he moves from this state to
10-15 another jurisdiction, or changes the primary address at which he is a
10-16 student or worker; and
10-17 (2) Require the sex offender to read and sign a form confirming that
10-18 the requirements for registration have been explained to him[;
10-19 (3)] and to forward the form to the central repository.
10-20 (b) The central repository shall:
10-21 (1) Update the record of registration for the sex offender [and
10-22 forward the record of registration to the central repository; and
10-23 (4)] ;
10-24 (2) If the sex offender is subject to community notification, arrange
10-25 for the assessment of the risk of recidivism of the sex offender pursuant to
10-26 the guidelines and procedures for community notification established by
10-27 the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive;
10-28 and
10-29 [(b) The central repository shall provide]
10-30 (3) Provide notification concerning the sex offender to the
10-31 appropriate local law enforcement agencies and, if the sex offender will
10-32 reside upon release in a jurisdiction which is outside of this state, to the
10-33 appropriate law enforcement agency in that jurisdiction.
10-34 4. [If requested by the division, the department of prisons or a local
10-35 law enforcement agency in whose facility the sex offender is incarcerated
10-36 shall provide the sex offender with the information and the confirmation
10-37 form required by paragraph (a) of subsection 3.
10-38 5.] The failure to provide a sex offender with the information or
10-39 confirmation form required by paragraph (a) of subsection 3 does not affect
10-40 the duty of the sex offender to register and to comply with all other
10-41 provisions for registration.
10-42 [6.] 5. If the central repository receives notice from another
10-43 jurisdiction or the Federal Bureau of Investigation that a sex offender is
10-44 now residing or is a student or worker within this state[:
10-45 (a) The] the central repository shall [immediately] :
10-46 (a) Immediately provide notification concerning the sex offender to [the
10-47 division and to] the appropriate local law enforcement agencies;
11-1 (b) [The division shall establish] Establish a record of registration for
11-2 the sex offender ; [and forward the record of registration to the central
11-3 repository;] and
11-4 (c) If the sex offender is subject to community notification, [the division
11-5 shall] arrange for the assessment of the risk of recidivism of the sex
11-6 offender pursuant to the guidelines and procedures for community
11-7 notification established by the attorney general pursuant to NRS 179D.600
11-8 to 179D.800, inclusive.
11-9 Sec. 11. NRS 179D.460 is hereby amended to read as follows:
11-10 179D.460 1. In addition to any other registration that is required
11-11 pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or
11-12 has been convicted of a sexual offense shall register with a local law
11-13 enforcement agency [and with the division] pursuant to the provisions of
11-14 this section.
11-15 2. Except as otherwise provided in subsection 3, if the sex offender
11-16 resides or is present for 48 hours or more within:
11-17 (a) A county; or
11-18 (b) An incorporated city that does not have a city police
11-19 department,
11-20 the sex offender shall be deemed a resident sex offender and shall register
11-21 with the sheriff’s office of the county or, if the county or the city is within
11-22 the jurisdiction of a metropolitan police department, the metropolitan
11-23 police department, not later than 48 hours after arriving or establishing a
11-24 residence within the county or the city.
11-25 3. If the sex offender resides or is present for 48 hours or more within
11-26 an incorporated city that has a city police department, the sex offender
11-27 shall be deemed a resident sex offender and shall register with the city
11-28 police department not later than 48 hours after arriving or establishing a
11-29 residence within the city.
11-30 4. If the sex offender is a nonresident sex offender who is a student or
11-31 worker within this state, the sex offender shall register with the appropriate
11-32 sheriff’s office, metropolitan police department or city police department in
11-33 whose jurisdiction he is a student or worker not later than 48 hours after
11-34 becoming a student or worker within this state.
11-35 5. To register with a local law enforcement agency pursuant to this
11-36 section, the sex offender shall:
11-37 (a) Appear personally at the office of the appropriate local law
11-38 enforcement agency;
11-39 (b) Provide all information that is requested by the local law
11-40 enforcement agency, including, but not limited to, fingerprints and a
11-41 photograph; and
11-42 (c) Sign and date the record of registration or some other proof of
11-43 registration of the local law enforcement agency in the presence of an
11-44 officer of the local law enforcement agency.
11-45 6. When a sex offender registers, the local law enforcement agency
11-46 shall:
11-47 (a) Inform the sex offender of the duty to [register and the time within
11-48 which the sex offender is required to register with the division if he has not
11-49 previously done so;] notify the local law enforcement agency if the sex
12-1 offender changes the address at which he resides, including if he moves
12-2 from this state to another jurisdiction, or changes the primary address at
12-3 which he is a student or worker; and
12-4 (b) Inform the sex offender of the duty to [notify the division if the sex
12-5 offender changes the address at which he resides, including if he moves
12-6 from this state to another jurisdiction, or changes the primary address at
12-7 which he is a student or worker; and
12-8 (c) Provide the sex offender with the appropriate address of the office of
12-9 the division at which the sex offender must register and provide
12-10 notification of each such change of address.] register with the local law
12-11 enforcement agency in whose jurisdiction the sex offender relocates.
12-12 7. After the sex offender registers with the local law enforcement
12-13 agency[:
12-14 (a) The local law enforcement agency shall notify the division of the
12-15 registration.
12-16 (b) If the sex offender has not previously registered with the division,
12-17 the sex offender shall, not later than 48 hours after registering with the
12-18 local law enforcement agency:
12-19 (1) Appear personally at the appropriate office of the division;
12-20 (2) Provide all information that is requested by the division,
12-21 including, but not limited to, fingerprints and a photograph; and
12-22 (3) Sign and date the record of registration in the presence of an
12-23 officer or employee of the division.] , the local law enforcement agency
12-24 shall forward to the central repository the information collected,
12-25 including the fingerprints and a photograph, of the sex offender.
12-26 8. If the [division] central repository has not previously established a
12-27 record of registration for a sex offender described in subsection 7[:
12-28 (a) The division shall establish] , the central repository shall:
12-29 (a) Establish a record of registration for the sex offender [and forward
12-30 the record of registration to the central repository;
12-31 (b) The central repository shall provide] ;
12-32 (b) Provide notification concerning the sex offender to the appropriate
12-33 local law enforcement agencies; and
12-34 (c) If the sex offender is subject to community notification and has not
12-35 otherwise been assigned a level of notification, [the division shall] arrange
12-36 for the assessment of the risk of recidivism of the sex offender pursuant to
12-37 the guidelines and procedures for community notification established by
12-38 the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
12-39 Sec. 12. NRS 179D.470 is hereby amended to read as follows:
12-40 179D.470 1. If a sex offender changes the address at which he
12-41 resides, including moving from this state to another jurisdiction, or changes
12-42 the primary address at which he is a student or worker, not later than 48
12-43 hours after changing such an address, the sex offender shall provide the
12-44 new address, in person or in writing, to the [division] local law
12-45 enforcement agency in whose jurisdiction he now resides and the local
12-46 law enforcement agency in whose jurisdiction he formerly resided and
12-47 shall provide all other information that is relevant to updating his record of
12-48 registration, including, but not limited to, any change in his name,
12-49 occupation, employment, work, volunteer service or driver’s license and
13-1 any change in the license number or description of a motor vehicle
13-2 registered to or frequently driven by him.
13-3 2. Upon receiving a change of address from a sex offender, the
13-4 [division] local law enforcement agency shall immediately forward the
13-5 new address and any updated information to the central repository and:
13-6 (a) If the sex offender has changed an address within this state, the
13-7 central repository shall immediately provide notification concerning the
13-8 sex offender to the local law enforcement agency in whose jurisdiction the
13-9 sex offender is now residing or is a student or worker and shall notify the
13-10 local law enforcement agency in whose jurisdiction the sex offender last
13-11 resided or was a student or worker; or
13-12 (b) If the sex offender has changed an address from this state to another
13-13 jurisdiction, the central repository shall immediately provide notification
13-14 concerning the sex offender to the appropriate law enforcement agency in
13-15 the other jurisdiction and shall notify the local law enforcement agency in
13-16 whose jurisdiction the sex offender last resided or was a student or worker.
13-17 Sec. 13. NRS 179D.480 is hereby amended to read as follows:
13-18 179D.480 1. Except as otherwise provided in subsections 2 and 5,
13-19 each year, on the anniversary of the date that the [division] central
13-20 repository establishes a record of registration for the sex offender, the
13-21 central repository shall mail to the sex offender, at the address last
13-22 registered by the sex offender, a nonforwardable verification form. The sex
13-23 offender shall complete and sign the form and mail the form to the central
13-24 repository not later than 10 days after receipt of the form to verify that he
13-25 still resides at the address he last registered.
13-26 2. Except as otherwise provided in subsection 5, if a sex offender has
13-27 been declared to be a sexually violent predator, every 90 days, beginning
13-28 on the date that the [division] central repository establishes a record of
13-29 registration for the sex offender, the central repository shall mail to the sex
13-30 offender, at the address last registered by the sex offender, a
13-31 nonforwardable verification form. The sex offender shall complete and
13-32 sign the form and mail the form to the central repository not later than 10
13-33 days after receipt of the form to verify that he still resides at the address he
13-34 last registered.
13-35 3. A sex offender shall include with each verification form a current
13-36 set of fingerprints, a current photograph and all other information that is
13-37 relevant to updating his record of registration, including, but not limited to,
13-38 any change in his name, occupation, employment, work, volunteer service
13-39 or driver’s license and any change in the license number or description of a
13-40 motor vehicle registered to or frequently driven by him. The central
13-41 repository shall provide all updated information to the [division and to the]
13-42 appropriate local law enforcement agencies.
13-43 4. If the central repository does not receive a verification form from a
13-44 sex offender and otherwise cannot verify the address or location of the sex
13-45 offender, the central repository shall immediately notify the [division and
13-46 the] appropriate local law enforcement agencies.
13-47 5. The central repository is not required to complete the mailing
13-48 pursuant to subsection 1 or 2:
14-1 (a) During any period in which a sex offender is incarcerated or
14-2 confined or has changed his place of residence from this state to another
14-3 jurisdiction; or
14-4 (b) For a nonresident sex offender who is a student or worker within
14-5 this state.
14-6 Sec. 14. NRS 179D.490 is hereby amended to read as follows:
14-7 179D.490 1. A sex offender shall comply with the provisions for
14-8 registration for as long as the sex offender resides or is present within this
14-9 state or is a nonresident sex offender who is a student or worker within this
14-10 state, unless the duty of the sex offender to register is terminated pursuant
14-11 to the provisions of this section.
14-12 2. Except as otherwise provided in subsection 5, if a sex offender
14-13 complies with the provisions for registration for an interval of at least 15
14-14 consecutive years during which he is not convicted of an offense that poses
14-15 a threat to the safety or well-being of others, the sex offender may file a
14-16 petition to terminate his duty to register with the district court in whose
14-17 jurisdiction he resides or, if he is a nonresident sex offender, in whose
14-18 jurisdiction he is a student or worker. For the purposes of this subsection,
14-19 registration begins on the date that the [division] central repository
14-20 establishes a record of registration for the sex offender or the date that the
14-21 sex offender is released, whichever occurs later.
14-22 3. If the sex offender satisfies the requirements of subsection 2, the
14-23 court shall hold a hearing on the petition at which the sex offender and any
14-24 other interested person may present witnesses and other evidence. If the
14-25 court determines from the evidence presented at the hearing that the sex
14-26 offender is not likely to pose a threat to the safety of others, the court shall
14-27 terminate the duty of the sex offender to register.
14-28 4. If the court does not terminate the duty of the sex offender to
14-29 register after a petition is heard pursuant to subsections 2 and 3, the sex
14-30 offender may file another petition after each succeeding interval of 5
14-31 consecutive years if the sex offender is not convicted of an offense that
14-32 poses a threat to the safety or well-being of others.
14-33 5. A sex offender may not file a petition to terminate his duty to
14-34 register pursuant to this section if the sex offender:
14-35 (a) Is subject to community notification or to lifetime supervision
14-36 pursuant to NRS 176.0931;
14-37 (b) Has been declared to be a sexually violent predator; or
14-38 (c) Has been convicted of:
14-39 (1) One or more sexually violent offenses;
14-40 (2) Two or more sexual offenses against persons less than 18 years of
14-41 age;
14-42 (3) Two or more crimes against a child, as defined in NRS 179D.210;
14-43 or
14-44 (4) At least one of each offense listed in subparagraphs (2) and (3).
14-45 Sec. 15. NRS 179D.550 is hereby amended to read as follows:
14-46 179D.550 A sex offender who:
14-47 1. Fails to register with a local law enforcement agency ; [or with the
14-48 division;]
15-1 2. Fails to notify the [division] local law enforcement agency of a
15-2 change of address;
15-3 3. Provides false or misleading information to the [division, the]
15-4 central repository or a local law enforcement agency; or
15-5 4. Otherwise violates the provisions of NRS 179D.350 to 179D.550,
15-6 inclusive,
15-7 is guilty of a category D felony and shall be punished as provided in
15-8 NRS 193.130.
15-9 Sec. 16. Chapter 62 of NRS is hereby amended by adding thereto the
15-10 provisions set forth as sections 17 to 21, inclusive, of this act.
15-11 Sec. 17. 1. If a child is adjudicated delinquent for an act that, if
15-12 committed by an adult, would constitute kidnapping in the first or second
15-13 degree, false imprisonment, burglary or invasion of the home, the court
15-14 shall, at the request of the prosecuting attorney, conduct a separate
15-15 hearing to determine whether the act was sexually motivated.
15-16 2. At the hearing, only evidence concerning the question of whether
15-17 the act was sexually motivated may be presented.
15-18 3. After hearing the evidence, the court shall determine whether the
15-19 act was sexually motivated and shall enter its finding in the record.
15-20 4. For the purposes of this section, an act is “sexually motivated” if
15-21 one of the purposes for which the child committed the act was his sexual
15-22 gratification.
15-23 Sec. 18. “Sexually motivated act” means an act that is determined to
15-24 be sexually motivated pursuant to section 17 of this act.
15-25 Sec. 19. 1. A probation officer assigned to a child who is subject to
15-26 the provisions of this section, NRS 62.405 to 62.485, inclusive, and
15-27 section 18 of this act may submit a petition to the court requesting that
15-28 the court terminate the applicability of the provisions of this section, NRS
15-29 62.405 to 62.485, inclusive, and section 18 of this act with respect to the
15-30 child if:
15-31 (a) At the time the child committed the sexual offense or the sexually
15-32 motivated act for which the child was adjudicated delinquent, the child
15-33 and the victim of the sexual offense or sexually motivated act committed
15-34 by the child were members of the same family or household;
15-35 (b) The child has complied with the terms and conditions of his
15-36 probation, including, without limitation, the completion of any
15-37 counseling in which the child was ordered to participate;
15-38 (c) The child’s counselor recommends, in writing, that the court
15-39 terminate the applicability of the provisions of this section, NRS 62.405
15-40 to 62.485, inclusive, and section 18 of this act with respect to the child to
15-41 allow the reunification of the family or household; and
15-42 (d) The victim and the parents or guardians of the victim consent, in
15-43 writing, to the termination of the applicability of the provisions of this
15-44 section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with
15-45 respect to the child to allow the reunification of the family or household.
15-46 2. If the court grants a petition requested pursuant to this section, the
15-47 court shall notify the public school or private school which the child is
15-48 attending, in writing, that the court has terminated the applicability of
16-1 the provisions of this section, NRS 62.405 to 62.485, inclusive, and
16-2 section 18 of this act with respect to the child.
16-3 Sec. 20. “Sexually motivated act” means an act that is determined to
16-4 be sexually motivated pursuant to section 17 of this act.
16-5 Sec. 21. 1. If a child who has been adjudicated delinquent for a
16-6 sexual offense or a sexually motivated act has not previously been
16-7 relieved of being subject to community notification as a juvenile sex
16-8 offender, the court may, at any appropriate time, hold a hearing to
16-9 determine whether the child should be relieved of being subject to
16-10 community notification as a juvenile sex offender.
16-11 2. If the court determines at the hearing that the child has been
16-12 rehabilitated to the satisfaction of the court and that the child is not likely
16-13 to pose a threat to the safety of others, the court may relieve the child of
16-14 being subject to community notification as a juvenile sex offender.
16-15 Sec. 22. NRS 62.405 is hereby amended to read as follows:
16-16 62.405 As used in NRS 62.405 to 62.485, inclusive, and sections 18
16-17 and 19 of this act, unless the context otherwise requires, the words and
16-18 terms defined in NRS 62.415 to 62.445, inclusive, and section 18 of this
16-19 act have the meanings ascribed to them in those sections.
16-20 Sec. 23. NRS 62.435 is hereby amended to read as follows:
16-21 62.435 “Sexual offense” means:
16-22 1. Sexual assault pursuant to NRS 200.366;
16-23 2. Battery with intent to commit sexual assault pursuant to
16-24 NRS 200.400;
16-25 3. An offense involving pornography and a minor pursuant to NRS
16-26 200.710 to 200.730, inclusive;
16-27 4. Open or gross lewdness pursuant to NRS 201.210 [;] , if punishable
16-28 as a felony;
16-29 5. Indecent or obscene exposure pursuant to NRS 201.220 [;] , if
16-30 punishable as a felony;
16-31 6. Lewdness with a child pursuant to NRS 201.230;
16-32 7. Sexual penetration of a dead human body pursuant to NRS 201.450;
16-33 8. Annoyance or molestation of a minor pursuant to NRS 207.260 [;] ,
16-34 if punishable as a felony; or
16-35 9. An attempt to commit an offense listed in this section [.] , if
16-36 punishable as a felony.
16-37 Sec. 24. NRS 62.455 is hereby amended to read as follows:
16-38 62.455 1. In addition [to the options set forth in NRS 62.211 and
16-39 62.213 and in addition] to any other [requirements set forth in this chapter,]
16-40 action authorized or required pursuant to this chapter and except as
16-41 otherwise provided in section 19 of this act, if a child is adjudicated
16-42 delinquent for an act that, if committed by an adult, would be a sexual
16-43 offense, or for a sexually motivated act, the court shall:
16-44 (a) Place the child under the supervision of a probation officer [until the
16-45 child is no longer attending a public school or private school within this
16-46 state.] for a period of not less than 3 years.
16-47 (b) Except as otherwise provided in NRS 62.475 and 62.485, prohibit
16-48 the child from attending a public school or private school that a victim of
17-1 the sexual offense or the sexually motivated act is attending [.] for the
17-2 period ordered by the court pursuant to paragraph (a).
17-3 (c) Order the parents or guardians of the child to inform the probation
17-4 officer assigned to the child each time the child expects to change the
17-5 public school or private school that [he] the child is attending, not later
17-6 than 20 days before the expected date of the change.
17-7 (d) Order the parents or guardians of the child, to the extent of their
17-8 financial ability, to reimburse all or part of the additional costs of
17-9 transporting the child, if such costs are incurred by a county school district
17-10 pursuant to NRS 392.251 to 392.271, inclusive[.] , and sections 34 and 35
17-11 of this act.
17-12 (e) Inform the parents or guardians of the child of the requirements of
17-13 NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act,
17-14 392.251 to 392.271, inclusive, and sections 34 and 35 of this act, and
17-15 394.162 to 394.167, inclusive[.] , and sections 42 and 43 of this act.
17-16 2. The court may authorize a superintendent or the executive head of a
17-17 private school who receives notification from a probation officer pursuant
17-18 to NRS 62.465 to inform other appropriate educational personnel that the
17-19 child has been adjudicated delinquent for a sexual offense [.
17-20 3. The] or a sexually motivated act.
17-21 3. Except as otherwise provided in section 19 of this act, the court
17-22 may not terminate its jurisdiction concerning the child for the purposes of
17-23 carrying out the provisions of NRS 62.405 to 62.485, inclusive, [until the
17-24 child is no longer attending a public school or private school within this
17-25 state.] and sections 18 and 19 of this act, for the period ordered by the
17-26 court pursuant to paragraph (a) of subsection 1.
17-27 Sec. 25. NRS 62.465 is hereby amended to read as follows:
17-28 62.465 1. If a child has been adjudicated delinquent for a sexual
17-29 offense [,] or a sexually motivated act, the probation officer assigned to the
17-30 child shall provide notification that the child has been adjudicated
17-31 delinquent for a sexual offense or a sexually motivated act to:
17-32 (a) The superintendent of the county school district in which the child
17-33 resides; or
17-34 (b) If the child is attending a private school within this state, the
17-35 executive head of the private school.
17-36 2. If the probation officer assigned to the child is informed by the
17-37 parents or guardians of the child that the child expects to change the public
17-38 school or private school [he] that the child is attending or if the probation
17-39 officer otherwise becomes aware of such a change, the probation officer
17-40 shall provide notification that the child has been adjudicated delinquent for
17-41 a sexual offense or a sexually motivated act to:
17-42 (a) The superintendent of the county school district in which the child is
17-43 or will be residing; or
17-44 (b) If the child is or will be attending a private school within this state,
17-45 the executive head of the private school.
17-46 3. Notification provided pursuant to this section must include the name
17-47 of each victim of a sexual offense or a sexually motivated act committed
17-48 by the child if the victim is attending a public school or private school
17-49 within this state.
18-1 Sec. 26. NRS 62.475 is hereby amended to read as follows:
18-2 62.475 1. The court may permit a child who has been adjudicated
18-3 delinquent for a sexual offense or a sexually motivated act to attend a
18-4 public school or private school that a victim of the sexual offense or the
18-5 sexually motivated act is attending if, upon the request of the child, the
18-6 superintendent or the executive head of the private school:
18-7 (a) The court develops and approves an alternative plan of supervision
18-8 for the child that protects the safety and the interests of the victim;
18-9 (b) The victim and the parents or guardians of the victim consent, in
18-10 writing, to the plan;
18-11 (c) The superintendent or the executive head of the private school
18-12 consents, in writing, to the plan; and
18-13 (d) The child and the parents or guardians of the child agree, in writing,
18-14 to comply with the conditions of the plan.
18-15 2. As part of an alternative plan of supervision, the court shall impose
18-16 reasonable conditions on the child and, if necessary to facilitate the
18-17 alternative plan, on the parents or guardians of the child. The conditions
18-18 must be designed to protect the safety and the interests of the victim and to
18-19 ensure that the child complies with the plan.
18-20 3. Upon its own motion or upon a request from the prosecuting
18-21 attorney, the victim, the parents or guardians of the victim or the probation
18-22 officer assigned to the child, the court may modify or rescind the
18-23 alternative plan of supervision or a condition of the alternative plan after
18-24 providing notice and an opportunity to be heard to the child, the parents or
18-25 guardians of the child, the prosecuting attorney and the parties who
18-26 consented to the alternative plan. If a proposed modification is reasonably
18-27 likely to increase contact between the victim and the child, the court may
18-28 not make the modification without the written consent of the victim and the
18-29 parents or guardians of the victim. If the court rescinds the alternative plan
18-30 of supervision, the child is subject to the provisions of NRS 62.405 to
18-31 62.485, inclusive, and sections 18 and 19 of this act as if the alternative
18-32 plan had not existed.
18-33 4. Before the court accepts the written consent of the victim and the
18-34 parents or guardians of the victim pursuant to this section, the court shall
18-35 inform them of their right to withhold consent and, except as otherwise
18-36 provided in NRS 62.485, their right to have the child not attend the public
18-37 school or private school the victim is attending.
18-38 Sec. 27. NRS 62.485 is hereby amended to read as follows:
18-39 62.485 1. If the court does not approve an alternative plan of
18-40 supervision pursuant to NRS 62.475 for a child who has been adjudicated
18-41 delinquent for a sexual offense [,] or a sexually motivated act, the
18-42 superintendent or the executive head of the private school may request that
18-43 the court approve an alternative plan of attendance for the child.
18-44 2. An alternative plan of attendance:
18-45 (a) Must be designed to prevent contact between the victim and the
18-46 child during school hours and during extracurricular activities conducted
18-47 on school grounds; and
18-48 (b) Must not interfere with or alter the schedule of classes or the
18-49 extracurricular activities of the victim.
19-1 3. Before approving an alternative plan of attendance, the court shall
19-2 provide notice and an opportunity to be heard to the child, the parents or
19-3 guardians of the child, the prosecuting attorney, the victim and the parents
19-4 or guardians of the victim.
19-5 4. If the court approves an alternative plan of attendance, the
19-6 prosecuting attorney, the victim or the parents or guardians of the victim
19-7 may petition the court to modify or rescind the alternative plan on the basis
19-8 that:
19-9 (a) The alternative plan is not protecting the safety or the interests of the
19-10 victim; or
19-11 (b) The child or the public school or private school is not complying
19-12 with the alternative plan.
19-13 5. Upon receiving a petition to modify or rescind an alternative plan of
19-14 attendance, the court may modify or rescind the alternative plan after
19-15 providing notice and an opportunity to be heard to the child, the parents or
19-16 guardians of the child, the prosecuting attorney, the victim, the parents or
19-17 guardians of the victim and the superintendent or the executive head of the
19-18 private school. If the court rescinds the alternative plan of attendance, the
19-19 child is subject to the provisions of NRS 62.405 to 62.485, inclusive, and
19-20 sections 18 and 19 of this act as if the alternative plan had not existed.
19-21 Sec. 28. NRS 62.500 is hereby amended to read as follows:
19-22 62.500 As used in NRS 62.500 to 62.600, inclusive, and sections 20
19-23 and 21 of this act, unless the context otherwise requires, the words and
19-24 terms defined in NRS 62.510 to 62.550, inclusive, and section 20 of this
19-25 act have the meanings ascribed to them in those sections.
19-26 Sec. 29. NRS 62.570 is hereby amended to read as follows:
19-27 62.570 1. In addition to [the options set forth in NRS 62.211 and
19-28 62.213 and in addition to any other requirements set forth in] any other
19-29 action authorized or required pursuant to this chapter, if a child is
19-30 adjudicated delinquent for an act that, if committed by an adult, would be a
19-31 sexual offense [,] or for a sexually motivated act, the court shall:
19-32 (a) Notify the attorney general of the adjudication, so the attorney
19-33 general may arrange for the assessment of the risk of recidivism of the
19-34 child pursuant to the guidelines and procedures for community notification;
19-35 (b) Place the child under the supervision of a probation officer [until the
19-36 child reaches 21 years of age or is no longer subject to community
19-37 notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600,
19-38 inclusive;] for a period of not less than 3 years;
19-39 (c) Inform the child and the parents or guardians of the child that the
19-40 child is subject to community notification as a juvenile sex offender and
19-41 may be subject to registration and community notification as an adult sex
19-42 offender pursuant to NRS 62.590; and
19-43 (d) Order the child, and the parents or guardians of the child during the
19-44 minority of the child, while the child is subject to community notification
19-45 as a juvenile sex offender, to inform the probation officer assigned to the
19-46 child of a change of the address at which the child resides not later than 48
19-47 hours after the change of address.
19-48 2. The court may not terminate its jurisdiction concerning the child for
19-49 the purposes of carrying out the provisions of NRS 62.500 to 62.600,
20-1 inclusive, and sections 20 and 21 of this act, until the child [reaches 21
20-2 years of age or] is no longer subject to community notification as a juvenile
20-3 sex offender pursuant to NRS 62.500 to 62.600, inclusive[.] , and sections
20-4 20 and 21 of this act.
20-5 Sec. 30. NRS 62.580 is hereby amended to read as follows:
20-6 62.580 1. If a child has been adjudicated delinquent for a sexual
20-7 offense [,] or a sexually motivated act, the probation officer assigned to the
20-8 child shall notify the local law enforcement agency in whose jurisdiction
20-9 the child resides that the child:
20-10 (a) Has been adjudicated delinquent for a sexual offense [;] or a
20-11 sexually motivated act; and
20-12 (b) Is subject to community notification as a juvenile sex offender.
20-13 2. If the probation officer assigned to the child is informed by the child
20-14 or the parents or guardians of the child that the child has changed the
20-15 address at which he resides[,] or if the probation officer otherwise
20-16 becomes aware of such a change, the probation officer shall notify:
20-17 (a) The local law enforcement agency in whose jurisdiction the child
20-18 last resided that the child has moved; and
20-19 (b) The local law enforcement agency in whose jurisdiction the child is
20-20 now residing that the child:
20-21 (1) Has been adjudicated delinquent for a sexual offense [;] or a
20-22 sexually motivated act; and
20-23 (2) Is subject to community notification as a juvenile sex offender.
20-24 Sec. 31. NRS 62.590 is hereby amended to read as follows:
20-25 62.590 Except as otherwise provided in NRS 62.500 to 62.600,
20-26 inclusive[:] , and sections 20 and 21 of this act:
20-27 1. If a child who has been adjudicated delinquent for a sexual offense
20-28 [,] or a sexually motivated act is not relieved of being subject to
20-29 community notification as a juvenile sex offender before the child
20-30 reaches 21 years of age, the court shall hold a hearing when the child
20-31 reaches 21 years of age to determine whether the child should be deemed
20-32 an adult sex offender for the purposes of registration and community
20-33 notification pursuant to NRS 179D.350 to 179D.800, inclusive.
20-34 2. If the court determines at the hearing that the child has been
20-35 rehabilitated to the satisfaction of the court and that the child is not likely
20-36 to pose a threat to the safety of others, the court shall relieve the child of
20-37 being subject to community notification.
20-38 3. If the court determines at the hearing that the child has not been
20-39 rehabilitated to the satisfaction of the court or that the child is likely to pose
20-40 a threat to the safety of others, the court shall deem the child to be an adult
20-41 sex offender for the purposes of registration and community notification
20-42 pursuant to NRS 179D.350 to 179D.800, inclusive.
20-43 4. If a child is deemed to be an adult sex offender pursuant to this
20-44 section, the court shall notify the [division,] central repository, so the
20-45 [division and the] central repository may carry out the provisions for
20-46 registration of the child as an adult sex offender pursuant to
20-47 NRS 179D.450.
21-1 Sec. 32. NRS 213.1245 is hereby amended to read as follows:
21-2 213.1245 1. Except as otherwise provided in subsection 2, if the
21-3 board releases on parole a prisoner convicted of an offense listed in NRS
21-4 179D.620, the board shall, in addition to any other condition of parole,
21-5 require as a condition of parole that the parolee:
21-6 (a) Reside at a location only if it has been approved by the parole and
21-7 probation officer assigned to the parolee;
21-8 (b) Accept a position of employment only if it has been approved by the
21-9 parole and probation officer assigned to the parolee;
21-10 (c) Abide by any curfew imposed by the parole and probation officer
21-11 assigned to the parolee;
21-12 (d) Participate in and complete a program of professional counseling
21-13 approved by the division;
21-14 (e) Submit to periodic tests , as requested by the parole and probation
21-15 officer assigned to the parolee, to determine whether the parolee is using a
21-16 controlled substance [and submit] ;
21-17 (f) Submit to periodic [polygraphic] polygraph examinations, as
21-18 requested by the parole and probation officer assigned to the parolee;
21-19 [(f)] (g) Abstain from consuming , possessing or having under his
21-20 control any alcohol;
21-21 [(g)] (h) Not have contact or communicate with a victim of the offense
21-22 or a witness who testified against the parolee or solicit another person to
21-23 engage in such contact or communication on behalf of the parolee[;
21-24 (h)] , unless approved by the parole and probation officer assigned to
21-25 the parolee;
21-26 (i) Not use aliases or fictitious names;
21-27 [(i)] (j) Not obtain a post office box unless the parolee receives
21-28 permission from the parole and probation officer assigned to the parolee;
21-29 [(j)] (k) Not have contact with a person less than 18 years of age in a
21-30 secluded environment unless another adult who has never been convicted
21-31 of an offense listed in NRS 179D.410 is present[; and
21-32 (k) Not] and permission has been obtained from the parole and
21-33 probation officer assigned to the parolee in advance of each such
21-34 contact;
21-35 (l) Unless approved by the parole and probation officer assigned to the
21-36 parolee, not be in or near:
21-37 (1) A playground, park, school or school grounds;
21-38 (2) A motion picture theater; or
21-39 (3) A business that primarily has children as customers or conducts
21-40 events that primarily children attend[.] ;
21-41 (m) Comply with any protocol concerning the use of prescription
21-42 medication prescribed by a treating physician, including, without
21-43 limitation, any protocol concerning the use of psychotropic medication;
21-44 (n) Not possess any sexually explicit material that is deemed
21-45 inappropriate by the parole and probation officer assigned to the parolee;
21-46 (o) Not patronize a business which offers a sexually related form of
21-47 entertainment and which is deemed inappropriate by the parole and
21-48 probation officer assigned to the parolee; and
22-1 (p) Not possess any electronic device capable of accessing the Internet
22-2 and not access the Internet through any such device or any other means,
22-3 unless possession of such a device or such access is approved by the
22-4 parole and probation officer assigned to the parolee.
22-5 2. The board is not required to impose a condition of parole listed in
22-6 subsection 1 if the board finds that extraordinary circumstances are present
22-7 and the board states those extraordinary circumstances in writing.
22-8 Sec. 33. Chapter 392 of NRS is hereby amended by adding thereto the
22-9 provisions set forth as sections 34 and 35 of this act.
22-10 Sec. 34. “Sexual offense” has the meaning ascribed to it in NRS
22-11 62.435.
22-12 Sec. 35. “Sexually motivated act” has the meaning ascribed to it in
22-13 section 18 of this act.
22-14 Sec. 36. NRS 392.251 is hereby amended to read as follows:
22-15 392.251 As used in NRS 392.251 to 392.271, inclusive, and sections
22-16 34 and 35 of this act, unless the context otherwise requires, the words and
22-17 terms defined in NRS 392.254, 392.258 and 392.261 and sections 34 and
22-18 35 of this act have the meanings ascribed to them in those sections.
22-19 Sec. 37. NRS 392.254 is hereby amended to read as follows:
22-20 392.254 “Notification” means a notification which indicates that a
22-21 child has been adjudicated delinquent for a sexual offense or a sexually
22-22 motivated act and which is provided by a probation officer pursuant to
22-23 NRS 62.465.
22-24 Sec. 38. NRS 392.258 is hereby amended to read as follows:
22-25 392.258 “Offender” means a child identified in a notification as the
22-26 child who has been adjudicated delinquent for a sexual offense [.] or a
22-27 sexually motivated act.
22-28 Sec. 39. NRS 392.261 is hereby amended to read as follows:
22-29 392.261 “Victim” means a child identified in a notification as a victim
22-30 of a sexual offense or a sexually motivated act committed by the offender.
22-31 Sec. 40. NRS 392.264 is hereby amended to read as follows:
22-32 392.264 1. If a superintendent of a school district receives
22-33 notification and a victim identified in the notification is a pupil in the
22-34 school district, the superintendent shall not permit [the] an offender who is
22-35 subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections
22-36 18 and 19 of this act, to attend a public school that a victim is attending
22-37 unless:
22-38 (a) An alternative plan of supervision is approved by the court pursuant
22-39 to NRS 62.475; or
22-40 (b) An alternative plan of attendance is approved by the court pursuant
22-41 to NRS 62.485.
22-42 2. If the court does not approve an alternative plan of supervision or an
22-43 alternative plan of attendance for the offender and the school district in
22-44 which the offender resides does not have another public school in the
22-45 district for the offender to attend, the superintendent of the school district
22-46 shall negotiate an agreement with:
22-47 (a) The superintendent of an adjoining school district within this state
22-48 for the offender to attend a public school in that adjoining school district;
22-49 or
23-1 (b) The superintendent, or another appropriate administrator, of an
23-2 adjoining school district in an adjoining state for the offender to attend a
23-3 public school in that adjoining school district.
23-4 3. The superintendent of the school district in which the offender
23-5 resides shall inform the person with whom he is negotiating that the
23-6 offender has been adjudicated delinquent for a sexual offense [,] or a
23-7 sexually motivated act, but the superintendent shall not disclose the name
23-8 of a victim.
23-9 4. An agreement which is made pursuant to this section and which is
23-10 presented to a board of trustees for approval:
23-11 (a) Must not contain the name of a victim;
23-12 (b) Must comply with the provisions of subsections 2 and 3 of NRS
23-13 392.010; and
23-14 (c) Must be approved by the superintendent of public instruction.
23-15 5. A board of trustees may terminate an agreement entered into
23-16 pursuant to this section if, because of a change in circumstances, the
23-17 offender is able to attend a public school in the school district in which he
23-18 resides without violating subsection 1.
23-19 Sec. 41. Chapter 394 of NRS is hereby amended by adding thereto the
23-20 provisions set forth as sections 42 and 43 of this act.
23-21 Sec. 42. “Sexual offense” has the meaning ascribed to it in
23-22 NRS 62.435.
23-23 Sec. 43. “Sexually motivated act” has the meaning ascribed to it in
23-24 section 18 of this act.
23-25 Sec. 44. NRS 394.162 is hereby amended to read as follows:
23-26 394.162 As used in NRS 394.162 to 394.167, inclusive, and sections
23-27 42 and 43 of this act, unless the context otherwise requires, the words and
23-28 terms defined in NRS 394.163, 394.164 and 394.165 and sections 42 and
23-29 43 of this act have the meanings ascribed to them in those sections.
23-30 Sec. 45. NRS 394.163 is hereby amended to read as follows:
23-31 394.163 “Notification” means a notification which indicates that a
23-32 child has been adjudicated delinquent for a sexual offense or a sexually
23-33 motivated act and which is provided by a probation officer pursuant to
23-34 NRS 62.465.
23-35 Sec. 46. NRS 394.164 is hereby amended to read as follows:
23-36 394.164 “Offender” means a child identified in a notification as the
23-37 child who has been adjudicated delinquent for a sexual offense [.] or a
23-38 sexually motivated act.
23-39 Sec. 47. NRS 394.165 is hereby amended to read as follows:
23-40 394.165 “Victim” means a child identified in a notification as a victim
23-41 of a sexual offense or a sexually motivated act committed by the offender.
23-42 Sec. 48. NRS 394.166 is hereby amended to read as follows:
23-43 394.166 If the executive head of a private school receives notification
23-44 and a victim identified in the notification is attending a private school
23-45 under his authority, [he] the executive head shall not permit [the] an
23-46 offender who is subject to the provisions of NRS 62.405 to 62.485,
23-47 inclusive, and sections 18 and 19 of this act, to attend the private school
23-48 that a victim is attending unless:
24-1 1. An alternative plan of supervision is approved by the court pursuant
24-2 to NRS 62.475; or
24-3 2. An alternative plan of attendance is approved by the court pursuant
24-4 to NRS 62.485.
24-5 Sec 49. 1. Except as otherwise provided in this section, the
24-6 amendatory provisions of this act apply to offenses or delinquent acts
24-7 committed before, on or after July 1, 2001.
24-8 2. The amendatory provisions of section 8 of this act do not affect the
24-9 date on which registration is deemed to have begun for an offender
24-10 convicted of a crime against a child pursuant to subsection 2 of
24-11 NRS 179D.270.
24-12 3. The amendatory provisions of section 9 of this act do not apply to
24-13 violations of NRS 179D.290 committed before July 1, 2001.
24-14 4. The amendatory provisions of section 14 of this act do not affect the
24-15 date on which registration is deemed to have begun for a sex offender
24-16 pursuant to subsection 2 of NRS 179D.490.
24-17 5. The amendatory provisions of section 15 of this act do not apply to
24-18 violations of NRS 179D.550 committed before July 1, 2001.
24-19 6. The amendatory provisions of sections 17 and 23 of this act do not
24-20 apply to delinquent acts committed before July 1, 2001.
24-21 Sec. 50. This act becomes effective on July 1, 2001.
24-22 H