Senate Bill No. 548–Committee on Judiciary

 

CHAPTER..........

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 176.139 is hereby amended to read as follows:

   176.139  1.  If a defendant is convicted of a sexual offense for which

 the suspension of sentence or the granting of probation is permitted, the

 division shall arrange for a psychosexual evaluation of the defendant as

 part of the division’s presentence investigation and report to the court.

   2.  The psychosexual evaluation of the defendant must be conducted by

 a person professionally qualified to conduct psychosexual evaluations.

   3.  The person who conducts the psychosexual evaluation of the

 defendant must use diagnostic tools that are generally accepted as being

 within the standard of care for the evaluation of sex offenders, and the

 psychosexual evaluation of the defendant must include:

   (a) A comprehensive clinical interview with the defendant; and

   (b) A review of all investigative reports relating to the defendant’s

 sexual offense and all statements made by victims of that offense.

   4.  The psychosexual evaluation of the defendant may include:

   (a) A review of records relating to previous criminal offenses

 committed by the defendant;

   (b) A review of records relating to previous evaluations and treatment

 of the defendant;

   (c) A review of the defendant’s records from school;

   (d) Interviews with the defendant’s parents, the defendant’s spouse or

 other persons who may be significantly involved with the defendant or

 who may have relevant information relating to the defendant’s

 background; and

   (e) The use of psychological testing, polygraphic examinations and

 arousal assessment.

   5.  The person who conducts the psychosexual evaluation of the

 defendant must be given access to all records of the defendant that are

 necessary to conduct the evaluation, and the defendant shall be deemed to

 have waived all rights of confidentiality and all privileges relating to those

 records for the limited purpose of the evaluation.

   6.  The person who conducts the psychosexual evaluation of the

 defendant shall [prepare] :

   (a) Prepare a comprehensive written report of the results of the

 evaluation [and shall provide] ;

   (b) Include in the report all information that is necessary to carry out

 the provisions of NRS 176A.110; and

   (c) Provide a copy of [that] the report to the division.

   7.  If a psychosexual evaluation is conducted pursuant to this section,

 the court shall:

   (a) Order the defendant, to the extent of his financial ability, to pay for

the cost of the psychosexual evaluation; or

   (b) If the defendant was less than 18 years of age when the sexual

 offense was committed and the defendant was certified and convicted as

 an adult, order the parents or guardians of the defendant, to the extent of

 their financial ability, to pay for the cost of the psychosexual evaluation.

 For the purposes of this paragraph, the court has jurisdiction over the

 parents or guardians of the defendant to the extent that is necessary to

 carry out the provisions of this paragraph.

   Sec. 2.  NRS 176.145 is hereby amended to read as follows:

   176.145  1.  The report of any presentence investigation must contain:

   (a) Any prior criminal record of the defendant;

   (b) Information concerning the characteristics of the defendant, his

 financial condition, the circumstances affecting his behavior and the

 circumstances of his offense that may be helpful in imposing sentence, in

 granting probation or in the correctional treatment of the defendant;

   (c) Information concerning the effect that the offense committed by the

 defendant has had upon the victim, including, without limitation, any

 physical or psychological harm or financial loss suffered by the victim, to

 the extent that such information is available from the victim or other

 sources, but the provisions of this paragraph do not require any particular

 examination or testing of the victim, and the extent of any investigation or

 examination is solely at the discretion of the court or the division and the

 extent of the information to be included in the report is solely at the

 discretion of the division;

   (d) Information concerning whether the defendant has an obligation for

 the support of a child, and if so, whether he is in arrears in payment on that

 obligation;

   (e) Data or information concerning reports and investigations thereof

 made pursuant to chapter 432B of NRS that relate to the defendant and are

 made available pursuant to NRS 432B.290;

   (f) The results of the evaluation of the defendant conducted pursuant to

 NRS 484.3796, if such an evaluation is required pursuant to that section;

   (g) A recommendation of a minimum term and a maximum term of

 imprisonment or other term of imprisonment authorized by statute, or a

 fine, or both;

   (h) A recommendation, if the division deems it appropriate, that the

 defendant undergo a program of regimental discipline pursuant to NRS

 176A.780;

   (i) [A] If a psychosexual evaluation of the defendant is required

 pursuant to NRS 176.139, a written report of the results of [a] the

 psychosexual evaluation of the defendant[, if such an evaluation is

 required pursuant to NRS 176.139;] and all information that is necessary

 to carry out the provisions of NRS 176A.110; and

   (j) Such other information as may be required by the court.

   2.  The division may include in the report any additional information

 that it believes may be helpful in imposing a sentence, in granting

 probation or in correctional treatment.

   Sec. 3.  NRS 176A.110 is hereby amended to read as follows:

   176A.110  1.  The court shall not grant probation to or suspend the

 sentence of a person convicted of an offense listed in subsection 3 unless :

   (a) If a psychosexual evaluation of the person is required pursuant to

 NRS 176.139, the person who conducts the psychosexual evaluation

 certifies in the report prepared pursuant to NRS 176.139 that the person

 convicted of the offense does not represent a high risk to reoffend based

 upon a currently accepted standard of assessment; or

   (b) If a psychosexual evaluation of the person is not required

 pursuant to NRS 176.139, a psychologist licensed to practice in this state

 who is trained to conduct psychosexual evaluations or a psychiatrist

 licensed to practice medicine in this state who is certified by the American

 Board of Psychiatry and Neurology and is trained to conduct

 psychosexual evaluations certifies in a written report to the court that the

 person [is not a menace to the health, safety or morals of others.]

 convicted of the offense does not represent a high risk to reoffend based

 upon a currently accepted standard of assessment.

   2.  This section does not create a right in any person to be certified or to

 continue to be certified . [and no] No person may bring a cause of action

 against the state, its political subdivisions, or the agencies, boards,

 commissions, departments, officers or employees of the state or its

 political subdivisions for not certifying a person pursuant to this section

 or for refusing to consider a person for certification pursuant to this

 section.

   3.  The provisions of this section apply to a person convicted of any of

 the following offenses:

   (a) Attempted sexual assault of a person who is 16 years of age or older

 pursuant to NRS 200.366.

   (b) Statutory sexual seduction pursuant to NRS 200.368.

   (c) Battery with intent to commit sexual assault pursuant to NRS

 200.400.

   (d) Abuse or neglect of a child pursuant to NRS 200.508.

   (e) An offense involving pornography and a minor pursuant to NRS

 200.710 to 200.730, inclusive.

   (f) Incest pursuant to NRS 201.180.

   (g) Solicitation of a minor to engage in acts constituting the infamous

 crime against nature pursuant to NRS 201.195.

   (h) Open or gross lewdness pursuant to NRS 201.210.

   (i) Indecent or obscene exposure pursuant to NRS 201.220.

   (j) Lewdness with a child pursuant to NRS 201.230.

   (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

   (l) A violation of NRS 207.180.

   (m) An attempt to commit an offense listed in paragraphs (b) to (l),

 inclusive.

   (n) Coercion or attempted coercion that is determined to be sexually

 motivated pursuant to NRS 207.193.

   Sec. 4.  NRS 176A.850 is hereby amended to read as follows:

   176A.850  1.  A person who:

   (a) Has fulfilled the conditions of his probation for the entire period

 thereof;

   (b) Is recommended for earlier discharge by the division; or

   (c) Has demonstrated his fitness for honorable discharge but because of

 economic hardship, verified by a parole and probation officer, has been

 unable to make restitution as ordered by the court,

may be granted an honorable discharge from probation by order of the

 court.

   2.  Any amount of restitution remaining unpaid constitutes a civil

 liability arising upon the date of discharge.

   3.  A person honorably discharged from probation [is] :

   (a) Is free from the terms and conditions of his probation ; and

   (b) If he meets the requirements of NRS 176A.860, may apply to the

 [court, in person or by attorney, pursuant to NRS 176A.860, for the]

 division to request a restoration of his civil rights. [He] The person must

 be informed of [this privilege] the provisions of this section and NRS

 176A.860 in his probation papers.

   4.  A person honorably discharged from probation who has had his civil

 rights restored by the court:

   (a) Is exempt from the requirements of chapter 179C of NRS, but is not

 exempt from the requirements of chapter 179D of NRS.

   (b) May vote, hold office or serve as a juror.

   (c) Shall disclose the conviction to a gaming establishment and to the

 state[,] and its agencies, departments, boards, commissions and political

 subdivisions, if required in an application for employment, license or other

 permit. As used in this paragraph, “establishment” has the meaning

 ascribed to it in NRS 463.0148.

   (d) Except as otherwise provided in paragraph (c), need not disclose the

 conviction to an employer or prospective employer.

   5.  The prior conviction of a person whose civil rights have been

 restored or who has been honorably discharged from probation may be

 used for purposes of impeachment. In any subsequent prosecution of the

 person who has had his civil rights restored or who has been honorably

 discharged from probation, the prior conviction may be pleaded and

 proved if otherwise admissible.

   Sec. 5.  NRS 176A.860 is hereby amended to read as follows:

   176A.860  [A convicted person who]

   1.  If a person is granted an honorable discharge from probation, [who

 has] not sooner than 6 months after his honorable discharge, the person

 may apply to the division to request a restoration of his civil rights if the

 person:

   (a) Has not previously been restored to his civil rights[, and who is] ;

 and

   (b) Has not been convicted of any offense greater than a traffic

 violation[within 6 months after the discharge, may apply] after his

 honorable discharge.

   2.  If a person applies to the division to request a restoration of his

 civil rights[. The application must be accompanied by] , the person must

 submit with his application a current, certified record of [the applicant’s]

 his criminal history received from the central repository for Nevada

 records of criminal history. If the division determines after an

 investigation that the [applicant] person meets the requirements of this

 section, [it] the

division shall petition the court in which the [applicant] person was

convicted for an order granting the restoration[.] of his civil rights. If the

 division refuses to submit such a petition, the [applicant] person may, after

 notice to the division, directly petition the court for an order granting the

 restoration of his civil rights.

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

   213.1214  1.  The board shall not release on parole a prisoner

 convicted of an offense listed in subsection 5 unless a panel consisting of:

   (a) The administrator of the division of mental health and

 developmental services of the department of human resources or his

 designee;

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

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

 licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an

 institution of the department of prisons and [is not a menace to the health,

 safety or morals of others.] does not represent a high risk to reoffend

 based upon a currently accepted standard of assessment.

   2.  A prisoner who has been certified pursuant to subsection 1 and who

 returns for any reason to the custody of the department of prisons may not

 be paroled unless a panel recertifies him in the manner set forth in

 subsection 1.

   3.  The panel may revoke the certification of a prisoner certified

 pursuant to subsection 1 at any time.

   4.  This section does not create a right in any prisoner to be certified or

 to continue to be certified. No prisoner may bring a cause of action against

 the state, its political subdivisions, or the agencies, boards, commissions,

 departments, officers or employees of the state or its political subdivisions

 for not certifying a prisoner pursuant to this section or for refusing to

 place a prisoner before a panel for certification pursuant to this section.

   5.  The provisions of this section apply to a prisoner convicted of any

 of the following offenses:

   (a) Sexual assault pursuant to NRS 200.366.

   (b) Statutory sexual seduction pursuant to NRS 200.368.

   (c) Battery with intent to commit sexual assault pursuant to

NRS 200.400.

   (d) Abuse or neglect of a child pursuant to NRS 200.508.

   (e) An offense involving pornography and a minor pursuant to

NRS 200.710 to 200.730, inclusive.

   (f) Incest pursuant to NRS 201.180.

   (g) Solicitation of a minor to engage in acts constituting the infamous

 crime against nature pursuant to NRS 201.195.

   (h) Open or gross lewdness pursuant to NRS 201.210.

   (i) Indecent or obscene exposure pursuant to NRS 201.220.

   (j) Lewdness with a child pursuant to NRS 201.230.

   (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

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

 inclusive.

   (m) Coercion or attempted coercion that is determined to be sexually

 motivated pursuant to NRS 207.193.

   Sec. 7.  1.  The amendatory provisions of sections 1, 2 and 3 of this

act apply to any person who is given a psychosexual evaluation pursuant to

 NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or

 after October 1, 2001, whether or not the person was convicted before, on

 or after October 1, 2001.

   2.  The amendatory provisions of sections 4 and 5 of this act apply to

 any person who applies to the division of parole and probation of the

 department of motor vehicles and public safety to request a restoration of

 his civil rights pursuant to NRS 176A.860 on or after October 1, 2001,

 whether or not the person was convicted before, on or after October 1,

 2001.

   3.  The amendatory provisions of section 6 of this act apply to any

 person who is subject to the provisions of NRS 213.1214 on or after

 October 1, 2001, whether or not the person was convicted before, on or

 after October 1, 2001.

 

²⁰~~~~~⁰¹