SUMMARY--Requires director of department of motor vehicles and public safety to establish program to compile and analyze data concerning sex offenders and juveniles who commit delinquent acts relating to sex. (BDR 14-290)
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 deviant sexual acts; requiring the director of the department of motor vehicles and public safety to establish a program to compile and analyze data concerning sex offenders and juveniles who commit delinquent acts relating to sex; requiring the division of child and family services of the department of human resources to provide certain information to the program; requiring that the director report statistical data and findings from the program to the legislature and the advisory commission on sentencing; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 The legislature hereby finds and declares that:
1. A significant number of offenders in Nevada have been convicted of sexual offenses. Many of these offenders have been convicted of sexual offenses on more than one occasion and many of these offenders began committing sexual offenses as juveniles.
2. There is a great need for a continuing statistical analysis regarding the recidivism of offenders who commit sexual offenses so that the most appropriate punishment and treatment may be identified to prevent these offenders from committing further sexual offenses.
Sec. 3 As used in sections 2, 3 and 4 of this act:
1. "Juvenile sex offender" means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.
2. "Sexual offense" means:
(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) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(g) Open or gross lewdness pursuant to NRS 201.210;
(h) Indecent or obscene exposure pursuant to NRS 201.220;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) Annoyance or molestation of a minor pursuant to NRS 207.260;
(l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive;
(m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
(n) An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this subsection.
Sec. 4 1. The director of the department shall establish within the central repository a program to compile and analyze data concerning offenders who commit sexual offenses. The program must be designed to:
(a) Provide statistical data relating to the recidivism of offenders who commit sexual offenses;
(b) Use the data provided by the division of child and family services of the department of human resources pursuant to section 5 of this act to:
(1) Provide statistical data relating to the recidivism of juvenile sex offenders after they become adults; and
(2) Assess the effectiveness of programs for the treatment of juvenile sex offenders; and
(c) Maintain records of sexual offenses committed against a child. Such records must be kept separate from any other records concerning abuse of a child as defined in NRS 200.508, and may include, without limitation:
(1) The age of the child;
(2) The gender of the child;
(3) A description of the type of sexual offense committed;
(4) The relationship of the offender to the child;
(5) The physical location where the sexual offense was committed;
(6) The length of time, if any, that the offender had lived in the geographic area in which he committed the sexual offense; and
(7) The number of children against whom the offender has admitted to or has been convicted of committing a sexual offense.
2. The division of parole and probation and the department of prisons shall assist the director of the department in obtaining data and in carrying out the program.
3. The director of the department shall report the statistical data and findings from the program to:
(a) The legislature at the beginning of each regular session.
(b) The advisory commission on sentencing on or before January 31 of each even-numbered year.
4. The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.
Sec. 5 Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For each child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the division of child and family services of the department of human resources shall collect from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services as directed by the department of human resources:
(a) The information listed in subsections 2 and 3 of NRS 62.420;
(b) The name of the child; and
(c) All information concerning programs of treatment in which the child participated that were directly related to the delinquent act committed by the child or were designed or utilized to prevent the commission of another such act by the child in the future.
2. The division shall provide the information collected pursuant to subsection 1 to the central repository for Nevada records of criminal history for use in the program established pursuant to sections 2, 3 and 4 of this act.
3. All information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and section 4 of this act.
4. As used in this section, "sexual offense" has the meaning ascribed to it in section 3 of this act.
Sec. 6 NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135; [and]
(c) Information maintained in the standardized system established pursuant to NRS 62.420 [.] ; and
(d) Information that must be collected by the division of child and family services of the department of human resources pursuant to section 5 of this act.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child's name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child's name and authorize its use in the civil action.
Sec. 7 NRS 62.370 is hereby amended to read as follows:
62.370 1. In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice's court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice's court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
(b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile's case in the custody of the juvenile court, district court, justice's court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. All juvenile records must be automatically sealed when the person reaches 24 years of age.
4. The court shall send a copy of the order to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:
(a) Seal records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the court's order that it or he received.
As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
5. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.
6. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
7. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
8. The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.
9. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
10. The provisions of this section do not apply to [any] information maintained in the standardized system established pursuant to NRS 62.420 [.] or information that must be collected by the division of child and family services of the department of human resources pursuant to section 5 of this act.