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