Assembly Bill No. 206

Assembly Bill No. 206-Assemblymen Ohrenschall, Carpenter, Sandoval, Segerblom, Perkins, Anderson, Neighbors, Manendo, Price, de Braga and Hickey

February 26, 1997
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Referred to Committee on Judiciary

SUMMARY--Provides for program to allow certain sex offenders in custody of department of prisons to participate voluntarily in treatment with medroxyprogesterone acetate. (BDR 16-718)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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

AN ACT relating to sex offenders; providing for a program to allow certain sex offenders in the custody of the department of prisons to participate voluntarily in treatment with medroxyprogesterone acetate; requiring the director of the department of prisons to adopt certain regulations concerning the program; providing for a study and a report to the legislature concerning the program; 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 Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2 As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Program" means the program established by the director pursuant to section 6 of this act that allows a sex offender, with the approval of the director, to participate voluntarily in treatment with medroxyprogesterone acetate.
Sec. 4 "Sex offender" means an offender convicted of a sexual offense.
Sec. 5 "Sexual offense" means:
1. A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
2. An attempt to commit an offense listed in subsection 1; or
3. An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec. 6 1. The director shall establish a program that allows a sex offender, with the approval of the director, to participate voluntarily in treatment with medroxyprogesterone acetate. The director may limit the program to a specific number of sex offenders or to a single facility or institution, or both.
2. The director shall adopt regulations governing the operation of the program. The regulations must include, but are not limited to, the procedures set forth in this section.
3. Before a sex offender may participate in the program:
(a) The department shall inform the sex offender of the nature of the program and the intended effects and typical adverse effects associated with medroxyprogesterone acetate;
(b) The sex offender must give his informed consent; and
(c) The director, or a person designated by the director, must approve the participation of the sex offender in the program.
4. If a sex offender is allowed to participate in the program, the sex offender must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of not more than 10 days from the maximum term of his sentence for each period of 4 months during which the sex offender participates in the program.
5. The director shall establish a system to study the effects of the program. The study must include an evaluation of whether treatment with medroxyprogesterone acetate affects the propensity of the sex offender for violence or deviant sexual behavior. The director shall report the findings from the study to the legislature at the beginning of each regular session.
Sec. 7 This state and its agencies and political subdivisions and the officers, employees and independent contractors of this state and its agencies and political subdivisions are immune from liability for damages arising from:
1. The administration or use of medroxyprogesterone acetate pursuant to section 6 of this act; and
2. An act or omission related to the administration or use of medroxyprogesterone acetate pursuant to section 6 of this act.