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 to participate voluntarily in treatment with chemical compounds. (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 to participate voluntarily in treatment with a chemical compound; 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; requiring certain conditions of parole for sex offenders who are released while participating in 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 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. "Chemical compound" means levonorgestrel or another compound that is pharmacologically similar to levonorgestrel and has the same or similar physiological effects as levonorgestrel.
Sec. 4. "Program" means the program established by the director pursuant to sections 2 to 14, inclusive, of this act that allows a sex offender, with the approval of the director or his designee, to participate voluntarily in treatment with a chemical compound.
Sec. 5. "Sex offender" means an offender who is convicted of a sexual offense and who is not sentenced to death or a term of imprisonment of life without the possibility of parole.
Sec. 6. "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 at a hearing conducted pursuant to NRS 175.547 to be sexually motivated.
Sec. 7. "Treatment with a chemical compound" means treatment that uses an implant or another similar delivery system to administer a chemical compound at steady serum blood levels over an extended period.
Sec. 8. 1. The director shall establish a program that allows a sex offender, with the approval of the director or his designee, to participate voluntarily in treatment with a chemical compound.
2. Except as otherwise provided in this subsection, the program must include at least 15 but not more than 25 sex offenders at any one time. If less than 15 sex offenders are available for the program at any one time, the director shall continue the program with less than 15 sex offenders until additional sex offenders are available for the program.
Sec. 9. 1. 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.
2. The director or his designee shall ensure that a psychological profile is developed to identify those sex offenders who are most likely to benefit from treatment with a chemical compound. The department shall recruit volunteers for the program based upon the psychological profile.
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 the chemical compound;
(b) The sex offender must give his informed consent; and
(c) The director or his designee must approve the participation of the sex offender in the program.
4. To the extent that the date of eligibility for parole may be reasonably determined, a sex offender must not be allowed to participate in the program earlier than 15 months before the date the sex offender will be eligible for release on parole.
5. Except as otherwise provided in subsection 6, the program must be carried out in two phases for each sex offender who participates in the program. The first phase of the program must include, but is not limited to:
(a) Regular physiological examinations to determine whether treatment with a chemical compound is reducing the level of testosterone in the blood of the sex offender to 200 nanograms or less of testosterone per deciliter of blood; and
(b) Regular psychological evaluations to determine whether the propensity of the sex offender for violence or deviant sexual behavior is being affected by treatment with a chemical compound.
6. If the director or his designee determines that the first phase of the program has been beneficial to the sex offender, the sex offender must be allowed to participate in the second phase of the program. The second phase of the program must include, but is not limited to:
(a) An evaluation of whether treatment with a chemical compound is effective over an extended period, including, but not limited to, an evaluation of whether treatment with a chemical compound reduces recidivism and the propensity of the sex offender for violence or deviant sexual behavior; and
(b) An assessment of the side effects of treatment with a chemical compound over an extended period, including, but not limited to, an assessment of any side effects that were previously unknown.
7. To the extent practicable, the first and second phases of the program must include psychological counseling in addition to treatment with a chemical compound.
Sec. 10. 1. 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 209.432 to 209.451, inclusive, 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.
2. A sex offender is entitled to the deduction authorized pursuant to subsection 1 while the sex offender is on parole if the sex offender:
(a) Is released on parole for a term of less than life;
(b) Participates in the program while on parole; and
(c) Has no serious infraction of the laws of this state or the terms and conditions of his parole, as determined by the director.
3. The chief parole and probation officer or other person responsible for the supervision of the sex offender shall report to the director the failure of the sex offender to satisfy any terms or conditions of his parole.
Sec. 11. 1. The director or his designee may impose conditions on participation by a sex offender in the program.
2. The director or his designee may terminate participation by a sex offender in the program for any lawful reason or purpose.
3. The provisions of sections 2 to 14, inclusive, of this act do not create a right on behalf of a sex offender to participate in the program and do not establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from the program.
Sec. 12. The director shall establish a system to study the effects of the program. The study must include, but is not limited to, the information that is obtained from the first and second phases of the program pursuant to section 9 of this act. The director shall report the findings from the study to the legislature at the beginning of each regular session.
Sec. 13. 1. The director, his designee or a person authorized by the director or his designee may apply for and accept grants or gifts to finance the program.
2. Money that is received through a grant or gift pursuant to subsection 1 must be deposited with the state treasurer for credit to the state general fund to reimburse any appropriations made from the state general fund to finance the program.
Sec. 14. 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 a chemical compound pursuant to sections 2 to 14, inclusive, of this act; and
2. An act or omission related to the administration or use of a chemical compound pursuant to sections 2 to 14, inclusive, of this act.
Sec. 15. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
If the board releases on parole a prisoner who is participating in the program established pursuant to sections 2 to 14, inclusive, of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:
1. Submit to a program of intensive supervision pursuant to NRS 213.124; and
2. Continue to participate in the program, unless the director of the department of prisons or his designee terminates participation by the parolee in the program.
Sec. 16. The provisions of this act expire by limitation on October 1, 2001.