Nevada SB 8: Revises provisions governing the conditions for lifetime supervision of sex offenders. (BDR 16-408)

Bill Text

S.B. 8

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SENATE BILL NO. 8–COMMITTEE ON JUDICIARY

(ON BEHALF OF THE ATTORNEY GENERAL)

PREFILED NOVEMBER 14, 2018
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions governing the conditions for
lifetime supervision of sex offenders. (BDR 16-408)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to sex offenders; revising provisions governing
sex offenders who are under a program of lifetime
supervision; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain conditions to be imposed on sex offenders placed 1
under a program of lifetime supervision or released on parole, probation or a 2
suspended sentence. (NRS 176A.410, 213.1243, 213.1245, 213.1255) In McNeill v. 3
State, 132 Nev. Adv. Op. 54, 375 P.3d 1022 (2016), the Nevada Supreme Court 4
held that the State Board of Parole Commissioners does not have the authority to 5
impose conditions that are not enumerated in NRS 213.1243 on sex offenders under 6
a program of lifetime supervision. This bill authorizes the Board to establish 7
additional conditions for sex offenders under a program of lifetime supervision that 8
are similar to those placed on sex offenders released on parole, probation or a 9
suspended sentence. 10

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 213.1243 is hereby amended to read as 1
follows: 2
213.1243 1. The Board shall establish by regulation a 3
program of lifetime supervision of sex offenders to commence after 4
any period of probation or any term of imprisonment and any period 5

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of release on parole. The program must provide for the lifetime 1
supervision of sex offenders by parole and probation officers. 2
2. Lifetime supervision shall be deemed a form of parole for: 3
(a) The limited purposes of the applicability of the provisions of 4
NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and 5
subsection 2 of NRS 213.110; and 6
(b) The purposes of the Interstate Compact for Adult Offender 7
Supervision ratified, enacted and entered into by the State of Nevada 8
pursuant to NRS 213.215. 9
3. Except as otherwise provided in subsection 9, the Board 10
shall require as a condition of lifetime supervision that the sex 11
offender reside at a location only if: 12
(a) The residence has been approved by the parole and probation 13
officer assigned to the person. 14
(b) If the residence is a facility that houses more than three 15
persons who have been released from prison, the facility is a facility 16
for transitional living for released offenders that is licensed pursuant 17
to chapter 449 of NRS. 18
(c) The person keeps the parole and probation officer informed 19
of his or her current address. 20
4. Except as otherwise provided in subsection 9, the Board 21
shall require as a condition of lifetime supervision that the sex 22
offender, unless approved by the parole and probation officer 23
assigned to the sex offender and by a psychiatrist, psychologist or 24
counselor treating the sex offender, if any, not knowingly be within 25
500 feet of any place, or if the place is a structure, within 500 feet of 26
the actual structure, that is designed primarily for use by or for 27
children, including, without limitation, a public or private school, a 28
school bus stop, a center or facility that provides day care services, a 29
video arcade, an amusement park, a playground, a park, an athletic 30
field or a facility for youth sports, or a motion picture theater. The 31
provisions of this subsection apply only to a sex offender who is a 32
Tier 3 offender. 33
5. Except as otherwise provided in subsection 9, if a sex 34
offender is convicted of a sexual offense listed in subsection 6 of 35
NRS 213.1255 against a child under the age of 14 years, the sex 36
offender is a Tier 3 offender and the sex offender is sentenced to 37
lifetime supervision, the Board shall require as a condition of 38
lifetime supervision that the sex offender: 39
(a) Reside at a location only if the residence is not located 40
within 1,000 feet of any place, or if the place is a structure, within 41
1,000 feet of the actual structure, that is designed primarily for use 42
by or for children, including, without limitation, a public or private 43
school, a school bus stop, a center or facility that provides day care 44
services, a video arcade, an amusement park, a playground, a park, 45

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an athletic field or a facility for youth sports, or a motion picture 1
theater. 2
(b) As deemed appropriate by the Chief, be placed under a 3
system of active electronic monitoring that is capable of identifying 4
his or her location and producing, upon request, reports or records 5
of his or her presence near or within a crime scene or prohib