SUMMARY--Revises certain provisions governing convicted persons. (BDR 14-76)
FISCAL NOTE: Effect on Local Government: Yes.
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 convicted persons; establishing a statewide registry of sex offenders and offenders convicted of certain crimes against children; establishing a program to provide the public with access to certain information in the statewide registry; providing for the registration of offenders convicted of certain crimes against children; revising the provisions governing the registration of sex offenders; revising the provisions governing community notification and providing for community notification concerning certain juvenile sex offenders; requiring that motion picture theaters and certain businesses that primarily have children as customers be provided with a photograph of certain sex offenders who have committed sexual offenses against children; requiring that certain conditions of probation and parole be imposed upon certain sex offenders; restricting certain pleas and plea bargaining in certain circumstances; expanding the provisions relating to genetic marker testing of certain offenders; imposing a fee for genetic marker testing upon certain offenders; prohibiting the sealing of criminal records in certain circumstances; providing penalties; 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 Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 (Deleted by amendment.)
Sec. 4 "Central repository" means the central repository for Nevada records of criminal history.
Sec. 5 "Crime against a child" has the meaning ascribed to it in section 34 of this act.
Sec. 6 "Department" means the department of motor vehicles and public safety.
Sec. 7 "Director" means the director of the department.
Sec. 8 "Division" means the division of parole and probation of the department.
Sec. 9 "Law enforcement officer" includes, but is not limited to:
1. A prosecuting attorney or an attorney from the office of the attorney general;
2. A sheriff of a county or his deputy;
3. An officer of a metropolitan police department or a police department of an incorporated city;
4. An officer of the division;
5. An officer of the department of prisons;
6. An officer of a law enforcement agency from another jurisdiction; or
7. Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.
Sec. 10 "Program" means the program established within the central repository pursuant to section 18 of this act to provide the public with access to certain information contained in the statewide registry.
Sec. 11 "Record of registration" means a record of registration that contains the information required by section 31 of this act.
Sec. 11.5. "Requester" means a person who requests information from the program.
Sec. 12 "Sex offender" has the meaning ascribed to it in section 47 of this act.
Sec. 13 "Sexual offense" has the meaning ascribed to it in section 48 of this act.
Sec. 14 "Statewide registry" means the statewide registry of sex offenders and offenders convicted of a crime against a child established within the central repository pursuant to section 17 of this act.
Sec. 15 "Subject of the search" means the person about whom a requester seeks information.
Sec. 16 (Deleted by amendment.)
Sec. 17 1. The director shall establish within the central repository a statewide registry of sex offenders and offenders convicted of a crime against a child that consists of the record of registration for each such offender and all other information concerning each such offender that is obtained pursuant to law.
2. On or before January 1, 1998, the statewide registry must be organized so that a law enforcement officer may search the records of registration in the registry by entering certain search information, including, but not limited to:
(a) A name, alias, physical description or address of an offender.
(b) A geographic location where an offense was committed.
(c) The age, gender, race or general physical description of a victim.
(d) The method of operation used by an offender, including, but not limited to:
(1) The specific sexual acts committed against a victim;
(2) The method of obtaining access to a victim, such as the use of enticements, threats, forced entry or violence against a victim;
(3) The type of injuries inflicted on a victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of an offender.
3. Except as otherwise provided in this subsection or by specific statute, information in the statewide registry may be accessed only by a law enforcement officer in the regular course of his duties and officers and employees of the central repository. The director may permit the following persons to have access to information in the statewide registry:
(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or employee of a governmental agency that is investigating the background of a person for the purposes of employment.
(b) Any other person for the limited purposes of research or statistical analysis.
4. Information contained in the statewide registry, including, but not limited to, the record of registration of an offender, shall be deemed a record of criminal history only for the purposes of those provisions of chapter 179A of NRS that are consistent with the provisions of this chapter.
Sec. 18 1. On or before January 1, 1998, the department shall, in a manner prescribed by the director, establish within the central repository a program to provide the public with access to certain information contained in the statewide registry.
2. Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:
(a) The name of the subject of the search and at least one of the following items:
(1) The social security number of the subject of the search;
(2) The identification number from a driver's license or an identification card issued to the subject of the search by this state; or
(3) The date of birth of the subject of the search; or
(b) The name and address of the subject of the search and all of the following items:
(1) The race or ethnicity of the subject of the search;
(2) The hair color and eye color of the subject of the search;
(3) The approximate height and weight of the subject of the search; and
(4) The approximate age of the subject of the search.
After conducting a search based upon information provided pursuant to paragraph (a) or (b), the central repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.
3. After conducting a search of the statewide registry on behalf of a requester, the central repository shall inform the requester that:
(a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;
(b) The requester needs to provide additional information concerning the identity of the subject of the search before the central repository may disclose the results of the search; or
(c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the central repository shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction. The central repository shall not provide the requester with any other information that is included in the record of registration for the subject of the search.
4. For each inquiry to the program, the central repository shall:
(a) Charge a fee to the requester;
(b) Maintain a log of the information provided by the requester to the central repository and the information provided by the central repository to the requester; and
(c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.
5. A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the central repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another provision of law.
Sec. 19 All money received by the central repository from operation of the program must be used as provided in subsection 3 of NRS 179A.140.
Sec. 20 1. Information in the statewide registry that is accessed or disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.
2. The central repository and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information in the statewide registry; or
(b) The disclosure of or the failure to disclose information in the statewide registry.
3. A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the statewide registry; or
(b) The disclosure of or the failure to disclose information obtained from the statewide registry.
Sec. 21 Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 22 to 77, inclusive, of this act.
Sec. 22 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 23 to 30, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 23 "Central repository" means the central repository for Nevada records of criminal history.
Sec. 24 "Community notification" means notification of a community pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
Sec. 25 "Division" means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 26 "Local law enforcement agency" means:
1. The sheriff's office of a county;
2. A metropolitan police department;
3. A police department of an incorporated city.
Sec. 27 1. "Offense that poses a threat to the safety or well-being of others" includes, but is not limited to, an offense that involves:
(a) A victim less than 18 years of age;
(b) A crime against a child as defined in section 34 of this act;
(c) A sexual offense as defined in section 48 of this act;
(d) A deadly weapon, explosives or a firearm;
(e) The use or threatened use of force or violence;
(f) Physical or mental abuse;
(g) Death or bodily injury;
(h) An act of domestic violence;
(i) Harassment, stalking, threats of any kind or other similar acts;
(j) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(k) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
2. The term includes any offense listed in subsection 1 that is committed in this state or another jurisdiction, including, but not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
Sec. 28 "Record of registration" means a record of registration that contains the information required by section 31 of this act.
Sec. 29 "Release" means release from incarceration or confinement. The term includes, but is not limited to:
1. Release on probation, parole or any other type of supervised release.
2. Release after a term of incarceration expires.
3. Release from confinement in a school, hospital, mental facility or other institution.
Sec. 30 "Resides" means the place where an offender resides or, if the offender is incarcerated or confined, the place where the offender will reside upon release.
Sec. 31 Except as otherwise provided in section 58 of this act, a record of registration must include, if the information is available:
1. Information identifying the offender, including, but not limited to:
(a) The name of the offender and all aliases that he has used or under which he has been known;
(b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;
(c) The date of birth and the social security number of the offender;
(d) The identification number from a driver's license or an identification card issued to the offender by this state or any other jurisdiction; and
(e) Any other information that identifies the offender.
2. Information concerning the residence of the offender, including, but not limited to:
(a) The address at which the offender resides;
(b) The length of time he has resided at that address and the length of time he expects to reside at that address;
(c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and
(d) The length of time he expects to remain in the county where he resides and in this state.
3. Information concerning employment or expected employment of the offender, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.
4. The license number and a description of all motor vehicles registered to or frequently driven by the offender.
5. The level of community notification assigned to the offender.
6. The following information for each offense for which the offender has been convicted:
(a) The court in which he was convicted;
(b) The name under which he was convicted;
(c) The name and location of each hospital or penal institution to which he was committed;
(d) The specific location where the offense was committed;
(e) The age, the gender, the race and a general physical description of the victim; and
(f) The method of operation that was used to commit the offense, including, but not limited to:
(1) Specific sexual acts committed against the victim;
(2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;
(3) The type of injuries inflicted on the victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of the offender.
Sec. 32 1. Except as otherwise provided by specific statute, a record of registration may be inspected only by a law enforcement officer in the regular course of his duties or by the offender named in the record of registration.
2. As used in this section, "law enforcement officer" includes, but is not limited to:
(a) A prosecuting attorney or an attorney from the office of the attorney general;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department or a police department of an incorporated city;
(d) An officer of the division;
(e) An officer of the department of prisons;
(f) An officer of a law enforcement agency from another jurisdiction; or
(g) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.
Sec. 32.5. Upon receiving from the division, pursuant to sections 22 to 60, inclusive, of this act:
1. A record of registration;
2. Fingerprints or a photograph of an offender;
3. A new address of an offender; or
4. Any other updated information,
the central repository shall immediately provide the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.
Sec. 33 As used in sections 33 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 34 and 35 of this act have the meanings ascribed to them in those sections.
Sec. 34 "Crime against a child" means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:
1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.
2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.
3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
4. An attempt to commit an offense listed in this section.
5. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
Sec. 35 "Registration" means registration as an offender convicted of a crime against a child pursuant to sections 33 to 41, inclusive, of this act.
Sec. 36 1. If the division receives notice from a court pursuant to section 82 of this act that an offender has been convicted of a crime against a child, the division shall:
(a) If a record of registration has not previously been established for the offender by the division, establish a record of registration for the offender and provide a copy of the record of registration to the central repository; or
(b) If a record of registration has previously been established for the offender by the division, update the record of registration for the offender and provide a copy of the record of registration to the central repository.
2. If the offender named in the notice will be granted probation or otherwise will not be incarcerated or confined, the central repository shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides or, if the offender resides in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.
3. If the offender named in the notice is incarcerated or confined, before the offender is released:
(a) The division shall:
(1) Inform the offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;
(2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him; and
(3) Update the record of registration for the offender and provide a copy of the record of registration to the central repository; and
(b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender will reside upon release or, if the offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraph (a) of subsection 3.
5. The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.
6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing within this state:
(a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender resides;
(b) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and
(c) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.
Sec. 37 1. In addition to any other registration that is required pursuant to section 36 of this act, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the offender shall register with the sheriff's office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall register with the city police department not later than 48 hours after arriving
4. To register with a local law enforcement agency pursuant to this section, the offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
5. When an offender registers, the local law enforcement agency shall inform the offender of the duty to notify the division of a change of address and shall provide the offender with the address of the division.
6. After the offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the offender:
(a) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and
(b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.
Sec. 38 1. If an offender convicted of a crime against a child changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from an offender, the division shall immediately provide the new address and any updated information to the central repository and:
(a) If the offender is still residing within this state, the central repository shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the offender last resided; or
(b) If the offender moved from this state to another jurisdiction that requires registration, the central repository shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided.
Sec. 39 1. Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the division establishes a record of registration for the offender, the central repository shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
2. An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the offender resides.
3. If the central repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender last resided.
4. The central repository is not required to complete the mailing pursuant to subsection 1 if the offender is incarcerated or confined or has moved from this state to another jurisdiction.
Sec. 40 1. An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.
3. If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.
4. If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:
(a) Has been convicted of more than one crime against a child; or
(b) Is subject to the provisions for registration as a sex offender pursuant to sections 42 to 60, inclusive, of this act.
Sec. 41 An offender convicted of a crime against a child who:
1. Fails to register;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division, the central repository or a local law enforcement agency; or
4. Otherwise violates the provisions of sections 33 to 41, inclusive, of this act,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 42 As used in sections 42 to 60, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 43 to 50, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 43 "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity of a person which predisposes that person to the commission of violent sexual acts. The term includes, but is not limited to, a mental disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
Sec. 44 "Personality disorder" includes, but is not limited to, a personality disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
Sec. 45 "Qualified professional" means a person who has received training in evaluating sex offenders and is:
1. A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology; or
2. A psychologist licensed to practice in this state.
Sec. 46 "Registration" means registration as a sex offender pursuant to sections 42 to 60, inclusive, of this act.
Sec. 47 "Sex offender" means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 48 of this act. The term includes, but is not limited to, a sexually violent predator.
Sec. 48 "Sexual offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Statutory sexual seduction pursuant to NRS 200.368;
4. Battery with intent to commit sexual assault pursuant to NRS 200.400;
5. Abuse of a child pursuant NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
6. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
7. Incest pursuant to NRS 201.180;
8. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
9. Open or gross lewdness pursuant to NRS 201.210;
10. Indecent or obscene exposure pursuant to NRS 201.220;
11. Lewdness with a child pursuant to NRS 201.230;
12. Sexual penetration of a dead human body pursuant to NRS 201.450;
13. Annoyance or molestation of a minor pursuant to NRS 207.260;
14. An attempt to commit an offense listed in subsections 1 to 13, inclusive;
15. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 92 of this act; or
16. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
Sec. 49 "Sexually violent offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Battery with intent to commit sexual assault pursuant to NRS 200.400;
4. An attempt to commit an offense listed in subsection 1, 2 or 3;
5. An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
6. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
Sec. 50 "Sexually violent predator" means a person who:
1. Has been convicted of a sexually violent offense;
2. Suffers from a mental disorder or personality disorder; and
3. Has been declared to be a sexually violent predator pursuant to section 56 of this act.
Sec. 51 1. If the division receives notice from a court pursuant to section 82.5 of this act that a sex offender has been convicted of a sexual offense or pursuant to section 91 of this act that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:
(a) If a record of registration has not previously been established for the sex offender by the division, establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; or
(b) If a record of registration has previously been established for the sex offender by the division, update the record of registration for the sex offender and provide a copy of the record of registration to the central repository.
2. If the sex offender named in the notice will be granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to section 91 of this act and is not otherwise incarcerated or confined:
(a) The central repository shall immediately provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides or, if the sex offender resides in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction; and
(b) If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
3. If the sex offender named in the notice is incarcerated or confined, before the sex offender is released:
(a) The division shall:
(1) Inform the sex offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration;
(II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;
(2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him;
(3) Update the record of registration for the sex offender and provide a copy of the record of registration to the central repository; and
(4) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act; and
(b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraph (a) of subsection 3.
5. The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.
6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing within this state:
(a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender resides;
(b) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;
(c) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and
(d) If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
Sec. 52 1. In addition to any other registration that is required pursuant to section 51 of this act, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the sex offender shall register with the sheriff's office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.
4. To register with a local law enforcement agency pursuant to this section, the sex offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
5. When a sex offender registers, the local law enforcement agency shall inform the sex offender of the duty to notify the division of a change of address and shall provide the sex offender with the address of the division.
6. After the sex offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the sex offender:
(a) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;
(b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and
(c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
Sec. 53 1. If a sex offender changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the sex offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from a sex offender, the division shall immediately provide the new address and any updated information to the central repository and:
(a) If the sex offender is still residing within this state, the central repository shall immediately provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided; or
(b) If the sex offender moved from this state to another jurisdiction that requires registration, the central repository shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided.
Sec. 54 1. Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the division establishes a record of registration for the sex offender, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
2. Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the sex offender is released, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
3. A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver's license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the sex offender resides.
4. If the central repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender last resided.
5. The central repository is not required to complete the mailing pursuant to subsection 1 or 2 if the sex offender is incarcerated or confined or has moved from this state to another jurisdiction.
Sec. 55 1. A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.
3. If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.
4. If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:
(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.113;
(b) Has been convicted of a sexually violent offense; or
(c) Has been declared to be a sexually violent predator.
Sec. 56 1. If a sex offender is convicted of a sexually violent offense, or if a sex offender is convicted of a sexual offense and the offender previously has been convicted of a sexually violent offense, the prosecuting attorney may petition the court in which the sex offender was sentenced for a declaration that the sex offender is a sexually violent predator for the purposes of this chapter. The petition must be filed before the sex offender is released.
2. If the prosecuting attorney files a petition pursuant to subsection 1, the court shall schedule a hearing on the petition and shall order the sex offender to submit to an evaluation by a panel consisting of two qualified professionals, two persons who are advocates of victims' rights and two persons who represent law enforcement agencies. As part of the evaluation by the panel, the two qualified professionals shall conduct a psychological examination of the sex offender. The panel shall prepare a report of its conclusions, including, but not limited to, the conclusions of the two qualified professionals regarding whether the sex offender suffers from a mental disorder or personality disorder, and shall provide a copy of the report to the court.
3. If, after reviewing the report and considering the evidence presented at the hearing, the court determines that the sex offender suffers from a mental disorder or personality disorder, the court shall enter an order declaring the sex offender to be a sexually violent predator for the purposes of this chapter.
4. If the court determines that the sex offender does not suffer from a mental disorder or personality disorder, the sex offender remains subject to registration and community notification as a sex offender pursuant to the provisions of this chapter.
5. A panel conducting an evaluation of a sex offender pursuant to subsection 2 must be given access to all records of the sex offender that are necessary to conduct the evaluation, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.
Sec. 57 1. A sex offender who has been declared to be a sexually violent predator may petition the court in which he was sentenced for a determination that he no longer is a sexually violent predator if for an interval of at least 15 consecutive years from the date he is released the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
2. If the requirements of subsection 1 are satisfied, the court shall order an evaluation and conduct a hearing pursuant to the provisions of subsections 2 and 3 of section 56 of this act and shall determine whether the sex offender continues to suffer from a mental disorder or personality disorder.
3. If the court determines that the sex offender does not continue to suffer from a mental disorder or personality disorder, the court shall enter an order declaring that the sex offender is no longer a sexually violent predator. After such a declaration, the sex offender remains subject to registration and community notification as a sex offender pursuant to the provisions of this chapter.
4. If the sex offender is not granted relief after a petition is heard pursuant to subsections 1 and 2, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
Sec. 58 In addition to the information that must be included in a record of registration pursuant to section 31 of this act, the record of registration for a sex offender declared to be a sexually violent predator must include a notation regarding whether the sex offender has previously received treatment for his mental disorder or personality disorder.
Sec. 59 (Deleted by amendment.)
Sec. 60 A sex offender who:
1. Fails to register;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division, the central repository or a local law enforcement agency; or
4. Otherwise violates the provisions of sections 42 to 60, inclusive, of this act,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 61 As used in sections 61 to 76, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 62 to 67, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 62 "Sex offender" means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 63 of this act. The term includes, but is not limited to, a sexually violent predator.
Sec. 63 "Sexual offense" means:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;
2. Sexual assault pursuant to NRS 200.366;
3. Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
4. Battery with intent to commit sexual assault pursuant to NRS 200.400;
5. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
6. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
7. Incest pursuant to NRS 201.180;
8. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
9. Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
10. Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
11. Lewdness with a child pursuant to NRS 201.230;
12. Sexual penetration of a dead human body pursuant to NRS 201.450;
13. Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
14. An attempt to commit an offense listed in subsections 1 to 13, inclusive, if punished as a felony;
15. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 92 of this act; or
16. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
Sec. 64 "Sexually violent predator" has the meaning ascribed to it in section 50 of this act.
Sec. 65 "Tier 1 level of notification" means community notification pursuant to paragraph (a) of subsection 1 of section 71 of this act.
Sec. 66 "Tier 2 level of notification" means community notification pursuant to paragraph (b) of subsection 1 of section 71 of this act.
Sec. 67 "Tier 3 level of notification" means community notification pursuant to paragraph (c) of subsection 1 of section 71 of this act.
Sec. 68 1. There is hereby created an advisory council for community notification. The council consists of:
(a) Three members, of whom no more than two may be of the same political party, appointed by the governor; and
(b) Four members, of whom no more than two may be of the same political party, appointed by the legislative commission.
2. Each member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.
3. A vacancy occurring in the membership of the council must be filled in the same manner as the original appointments.
4. The council shall consult with and provide recommendations to the attorney general concerning guidelines and procedures for community notification.
Sec. 69 1. The attorney general shall consult with the advisory council for community notification and shall establish guidelines and procedures for community notification pursuant to sections 61 to 76, inclusive, of this act.
2. The guidelines and procedures established by the attorney general must be designed to promote, to the extent practicable, the uniform application of the provisions of sections 61 to 76, inclusive, of this act.
3. The provisions of sections 61 to 76, inclusive, of this act must not be construed to prevent law enforcement officers from providing the public with notification concerning persons who pose a threat to the safety of the public.
Sec. 70 1. The attorney general shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this state. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:
(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;
(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and
(c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:
(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;
(2) Whether the sex offender committed the sexual crime against a child;
(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;
(4) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The response of the offender to treatment;
(7) Any recent threats against a person or expressions of intent to commit additional crimes; and
(8) Behavior while confined.
2. The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this state and agencies from other jurisdictions.
3. Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.
Sec. 71 1. Except as otherwise provided in this section, the guidelines and procedures for community notification established by the attorney general must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:
(a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall notify other law enforcement agencies likely to encounter the sex offender.
(b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.
(c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public likely to encounter the sex offender.
2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:
(a) Motion picture theaters, other than adult motion picture theaters, which are likely to encounter the sex offender; and
(b) Businesses which are likely to encounter the sex offender and which primarily have children as customers or conduct events that primarily children attend.
Notification pursuant to this subsection must include a copy of a photograph of the sex offender. As used in paragraph (a), "adult motion picture theater" has the meaning ascribed to it in NRS 278.0221.
3. If the sex offender has been declared to be a sexually violent predator, the sex offender must be assigned a Tier 3 level of notification.
Sec. 72 A sex offender who is assigned a Tier 2 or Tier 3 level of notification must be provided with notice indicating:
1. The level of notification he has been assigned; and
2. The procedures the sex offender must follow to request reconsideration of the level of notification, unless the level of notification is not subject to reconsideration pursuant to a specific statute.
Sec. 73 1. If a sex offender has been assigned a level of notification pursuant to sections 61 to 76, inclusive, of this act and the sex offender.
(a) Is convicted of an offense that poses a threat to the safety or well-being of others;
(b) Annoys, harasses, threatens or intimidates a victim of one of his sexual offenses; or
(c) Commits an overt act which is sexually motivated or involves the use or threatened use of force or violence and which causes harm or creates a reasonable apprehension of harm,
the level of notification assigned to the sex offender may be changed in accordance with the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
2. As used in this section:
(a) "Sexual offense" includes, but is not limited to, a sexual offense punishable as a misdemeanor or gross misdemeanor.
(b) "Sexually motivated" means that one of the purposes for which the person committed the act was his sexual gratification.
Sec. 74 1. Except as otherwise provided in subsection 6, if a sex offender is subject to community notification for an interval of at least 10 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may petition the attorney general for a reassessment of his risk of recidivism.
2. If the sex offender satisfies the requirements of subsection 1, the attorney general shall arrange for a reassessment. The reassessment must be conducted in the same manner as an assessment of the risk of recidivism.
3. If the sex offender is assigned a Tier 1 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the Tier 1 level of notification that he is currently assigned; or
(b) Relieved from being subject to community notification.
4. If the sex offender is assigned a Tier 2 or Tier 3 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the level of notification that he is currently assigned; or
(b) Reassigned a level of notification that is one tier below the level of notification that he is currently assigned.
5. After receiving a reassessment pursuant to subsections 1 and 2, the sex offender may file another petition for a reassessment after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.
6. If a sex offender has been declared to be a sexually violent predator, the sex offender may not receive a reassessment pursuant to the provisions of this section until the court in which he was sentenced determines that he is no longer a sexually violent predator pursuant to section 57 of this act.
Sec. 75 The law enforcement agency in whose jurisdiction a sex offender resides shall disclose information regarding the sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
Sec. 76 1. The attorney general shall establish guidelines and procedures for community notification concerning juvenile sex offenders who are subject to the provisions of sections 90.2 to 91.2, inclusive, of this act. The guidelines and procedures for community notification concerning juvenile sex offenders must be, to the extent practicable, consistent with the guidelines and procedures for community notification concerning adult sex offenders established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
2. Upon receiving notification from a probation officer assigned to a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act, the local law enforcement agency receiving the notification shall disclose information regarding the juvenile sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
3. Each person who is conducting an assessment of the risk of recidivism of a juvenile sex offender must be given access to all records of the juvenile sex offender that are necessary to conduct the assessment, including, but not limited to, records compiled pursuant to chapter 62 of NRS, and the juvenile sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.
Sec. 77 1. Information that is disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.
2. A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information in a record of registration; or
(b) The disclosure of or the failure to disclose information pursuant to the provisions of this chapter.
Sec. 78 Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The court may not accept from a defendant a plea of nolo contendere to a sexual offense.
2. The court may not accept from a defendant a plea of guilty or guilty but mentally ill to a sexual offense unless the defendant admits in court that he committed the sexual offense.
3. Except as otherwise provided in subsection 4, a prosecuting attorney may not dismiss a sexual offense for which a defendant is charged in exchange for a plea of guilty or guilty but mentally ill to a lesser charge unless the lesser charge is also a sexual offense.
4. The provisions of subsection 3 do not apply if, in the judgment of the prosecuting attorney, the sexual offense for which the defendant is charged and all other sexual offenses that are lesser charges are not supported by probable cause or cannot be proved at trial.
5. As used in this section, "sexual offense" has the meaning ascribed to it in section 48 of this act.
Sec. 79 NRS 174.035 is hereby amended to read as follows:
174.035 1. [A] Except as otherwise provided in section 78 of this act, a defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill.
2. If a plea of guilty is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063. If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea. In addition, the court shall not accept a plea of guilty but mentally ill without complying with the provisions of NRS 174.041.
3. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty, guilty but mentally ill or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
4. A plea of guilty but mentally ill is not a defense to the alleged offense. A defendant who enters such a plea is subject to the same penalties as a defendant who pleads guilty.
5. If a defendant refuses to plead, if the court refuses to accept or otherwise may not accept pursuant to section 78 of this act a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
6. A defendant may not enter a plea of guilty or guilty but mentally ill pursuant to a plea bargain for an offense punishable as a felony for which:
(a) Probation is not allowed; or
(b) The maximum prison sentence is more than 10 years,
unless the plea bargain is set forth in writing and signed by the defendant, the defendant's attorney, if he is represented by counsel, and the prosecuting attorney.
Sec. 80 NRS 175.547 is hereby amended to read as follows:
175.547 1. In any case in which a defendant pleads or is found guilty of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney , [and for the purposes of carrying out the provisions of NRS 176.113 and 213.1243 to 213.1257, inclusive,] conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.
Sec. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 81.1 to 83.7, inclusive, of this act.
Sec. 81.1. As used in sections 81.1 to 82.5, inclusive, of this act, unless the contest otherwise requires, the words and terms defined in sections 81.3 to 81.9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 81.3. "Central repository" means the central repository for Nevada records of criminal history.
Sec. 81.5. "Crime against a child" has the meaning ascribed to it in section 34 of this act.
Sec. 81.7. "Record of registration" has the meaning ascribed to it in section 28 of this act.
Sec. 81.9. "Sexual offense" has the meaning ascribed to it in section 48 of this act.
Sec. 1. If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to section 36 of this act.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.
(c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.
The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 33 to 41, inclusive, of this act.
2. If the crime against a child is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 36 of this act.
Sec. 82.5. 1. If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to section 51 of this act.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.
The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 42 to 60, inclusive, of this act.
2. If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 51 of this act.
Sec. 81 1. Except as otherwise provided in subsection 2, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176.1853, order as a condition of probation or suspension of sentence that the defendant:
(a) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant;
(b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the defendant;
(c) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;
(d) Participate in and complete a program of professional counseling approved by the division;
(e) Submit to periodic tests to determine whether the defendant is using a controlled substance and submit to periodic polygraphic examinations, as requested by the parole and probation officer assigned to the defendant;
(f) Abstain from consuming alcohol;
(g) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant;
(h) Not use aliases or fictitious names;
(i) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;
(j) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present; and
(k) Not be in or near:
(1) A playground, school or school grounds;
(2) A motion picture theater; or
(3) A business that primarily has children as customers or conducts events that primarily children attend.
2. The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.
3. As used in this section, "sexual offense" has the meaning ascribed to it in section 48 of this act.
Sec. 83.3. As used in sections 83.3, 83.5 and 83.7 of this act and NRS 176.111, unless the context otherwise requires, "CODIS" means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.
Sec. 83.5. 1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered pursuant to NRS 176.111.
2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:
(a) Must be operated by this state or one of its political subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.
Sec. 83.7. 1. If the court orders that samples of blood be obtained from a defendant pursuant to NRS 176.111, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $250 as a fee for obtaining the samples of blood and for conducting the analysis to determine the genetic markers of the blood. The fee:
(a) Must be stated separately in the judgment of the court or on the docket of the court;
(b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining samples of blood from defendants pursuant to NRS 176.111.
5. If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to section 83.5 of this act to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:
(a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and
(b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.
Sec. 82 NRS 176.111 is hereby amended to read as follows:
176.111 1. [When] If a defendant is convicted of [a sexual offense,] an offense listed in subsection 4, the court, [by order, shall direct the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood] at sentencing, shall order that:
(a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and
(b) Samples of blood be obtained from the defendant pursuant to the provisions of this section and that the samples be used for an analysis to determine [its] the genetic markers [and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history.
2. For the purposes of this section, "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 a sexual assault pursuant to NRS 200.400;
(d) Use of a minor in producing pornography pursuant to NRS 200.710;
(e) Promotion of a sexual performance of a minor pursuant to NRS 200.720;
(f) Possession of a visual representation depicting the sexual conduct of a person under 16 years of age pursuant to NRS 200.730;
(g) Incest pursuant to NRS 201.180;
(h) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(i) Open or gross lewdness pursuant to NRS 201.210;
(j) Indecent or obscene exposure pursuant to NRS 201.220;
(k) Lewdness with a child pursuant to NRS 201.230;
(l) Sexual penetration of a dead human body pursuant to NRS 201.450;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(n) An attempt to commit any offense listed in this subsection.] of the blood.
2. If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the samples of blood to be obtained from the defendant. The department of prisons shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act.
3. If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the samples of blood to be obtained from the defendant. The division shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act. Any cost that is incurred to obtain the samples of blood from the defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in section 83.7 of this act.
4. The provisions of subsection 1 apply to a defendant who is convicted of any of the following offenses:
(a) A crime against a child as defined in section 34 of this act.
(b) A sexual offense as defined in section 48 of this act.
(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive.
(d) Mayhem pursuant to NRS 200.280.
(e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.
(f) Battery with intent to commit a crime pursuant to NRS 200.400.
(g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.
(h) Abuse or neglect of an older person pursuant to NRS 200.5099.
(i) A second or subsequent offense for stalking pursuant to NRS 200.575.
(j) Burglary pursuant to NRS 205.060.
(k) Invasion of the home pursuant to NRS 205.067.
(l) An attempt to commit an offense listed in this subsection.
Sec. 83 NRS 176.113 is hereby amended to read as follows:
176.113 1. [When] If a defendant [pleads or is found guilty] is convicted of a sexual offense, the [judge] court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision . [to commence after any period of probation or any term of imprisonment and period of release on parole.]
2. The special sentence of lifetime supervision [must begin upon the release of a sex offender from incarceration.] commences after any period of probation or any term of imprisonment and any period of release on parole.
3. A person sentenced to lifetime supervision may petition the district court in whose jurisdiction he resides for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has not [committed a crime for 15] been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 15 consecutive years after his last conviction or release from incarceration, whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of sections 42 to 76, inclusive, of this act.
5. As used in this section [, "sexual] :
(a) "Offense that poses a threat to the safety or well-being of others" has the meaning ascribed to it in section 27 of this act.
(b) "Sexual offense" means:
[(a)] (1) A violation of NRS 200.366, subsection 3 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;
[(b)] (2) An attempt to commit [any] an offense listed in [paragraph (a); or
(c)] subparagraph (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. 84 NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive [:] , and section 83 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Court" means a district court of the State of Nevada.
3. "Parole and probation officer" means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.
5. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or chief parole and probation officer.
6. "Surety bond" means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.
Sec. 85 NRS 176.205 is hereby amended to read as follows:
176.205 1. Except as otherwise provided in [subsection 2,] this section, by order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the director of the department of prisons if the probationer is under the supervision of the director pursuant to NRS 176.2248.
2. If the probationer is participating in a program of probation secured by a surety bond, the court shall not impose or modify the conditions of probation unless the court notifies the surety and:
(a) Causes the original bond to be revoked and requires a new bond to which the original and the new conditions are appended and made part; or
(b) Requires an additional bond to which the new conditions are appended and made part.
3. The court shall not modify a condition of probation or suspension of sentence that was imposed pursuant to section 83 of this act, unless the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.
Sec. 86 NRS 176.225 is hereby amended to read as follows:
176.225 1. [Every defendant] 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 free from the terms and conditions of his probation and may apply to the court, in person or by attorney, pursuant to NRS 176.227, for the restoration of his civil rights. He must be informed of this privilege 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 NRS 207.090, but is not exempt from the requirements of [NRS 207.152.] sections 22 to 77, inclusive, of this act.
(b) May vote, hold office or serve as a juror.
(c) Shall disclose the conviction to a gaming establishment and the state, 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. 87 NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as [other times and procedures are] otherwise provided in NRS 453.3365 [,] and subsection 4, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner's criminal history received from the central repository for Nevada records of criminal history.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
4. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) "Crime against a child" has the meaning ascribed to it in section 34 of this act.
(b) "Sexual offense" has the meaning ascribed to it in section 48 of this act.
Sec. 88 NRS 179.301 is hereby amended to read as follows:
179.301 1. The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer's, seller's or distributor's license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
2. The central repository and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.190 to 179A.240, inclusive.
3. Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to section 17 of this act may be inspected pursuant to sections 2 to 20, inclusive, of this act by an officer or employee of the central repository or a law enforcement officer in the regular course of his duties.
Sec. 90.1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 90.2 to 91.2, inclusive, of this act.
Sec. 90.2. As used in sections 90.2 to 91.2, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 90.3 to 90.7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 90.3. "Central repository" means the central repository for Nevada records of criminal history.
Sec. 90.4. "Community notification" means notification of a community pursuant to the guidelines and procedures established by the attorney general for juvenile sex offenders pursuant to section 76 of this act.
Sec. 90.5. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 90.6. "Local law enforcement agency" has the meaning ascribed to it in section 26 of this act.
Sec. 90.7. "Sexual offense" means:
1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to NRS 200.400;
3. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720;
4. Lewdness with a child pursuant to NRS 201.230; or
5. An attempt to commit an offense listed in this section.
Sec. 90.8. 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:
(a) Notify the attorney general of the adjudication, so the attorney general may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;
(b) Place the child under the supervision of a probation officer until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act;
(c) Inform the child and the parents or guardians of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to section 91 of this act; and
(d) Order the child, and the parents or guardians of the child during the minority of the child, to inform the probation officer assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.
2. The court may not terminate its jurisdiction concerning the child for the purposes of sections 90.2 to 91.2, inclusive, of this act until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act.
Sec. 90.9. 1. If a child has been adjudicated delinquent for a sexual offense, the probation officer assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:
(a) Has been adjudicated delinquent for a sexual offense; and
(b) Is subject to community notification as a juvenile sex offender.
2. If the probation officer assigned to the child is informed by the child or the parents or guardians of the child that the child has changed the address at which he resides, the probation officer shall notify:
(a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and
(b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:
(1) Has been adjudicated delinquent for a sexual offense; and
(2) Is subject to community notification as a juvenile sex offender.
Sec. 91. Except as otherwise provided in sections 90.2 to 91.2, inclusive, of this act:
1. If a child has been adjudicated delinquent for a sexual offense, the court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.
2. If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court shall relieve the child of being subject to community notification.
3. If the court determines at the hearing that the child has not been rehabilitated to the satisfaction of the court or that the child is likely to pose a threat to the safety of others, the court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.
4. If a child is deemed to be an adult sex offender pursuant to this section, the court shall notify the division, so the division and the central repository may carry out the provisions for registration of the child as an adult sex offender pursuant to section 51 of this act.
Sec. 91.1 1. The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.
2. If a child is relieved of being subject to community notification as a juvenile sex offender pursuant to section 91 of this act, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.
3. If a child is deemed to be an adult sex offender pursuant to section 91 of this act or is otherwise convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age:
(a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and
(b) Each delinquent act committed by the child that would have been a sexual offense, as defined in section 48 of this act, if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:
(1) Registration and community notification pursuant to sections 42 to 76, inclusive, of this act; and
(2) The statewide registry established within the central repository pursuant to sections 2 to 20, inclusive, of this act.
Sec. 91.2. Except as otherwise provided in subsection 3 of section 91.1 of this act, the provisions of sections 90.2 to 91.2, inclusive, do not apply to a child who is subject to registration and community notification pursuant to sections 42 to 76, inclusive, of this act because he has been convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age.
Sec. 91.3. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. [At] Except as otherwise provided in section 90.8 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 91.4. 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) Records which have not been sealed and which are to be used, pursuant to sections 22 to 77, inclusive, of this act, by:
(1) The central repository for Nevada records of criminal history;
(2) The division of parole and probation of the department of motor vehicles and public safety; or
(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender.
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] child 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. 91.5. NRS 62.370 is hereby amended to read as follows:
62.370 1. [In any case in which] Except as otherwise provided in section 91.1 of this act, if 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]
4. Except as otherwise provided in section 91.1 of this act, all records relating to a child must be automatically sealed when the [person] child reaches 24 years of age.
[4.] 5. The court shall send a copy of the order sealing the records of a child 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.] 6. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred , and the [minor] person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.
[6.] 7. 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.] 8. 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.] 9. 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.] 10. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
[10.] 11. The provisions of this section do not apply to any information maintained in the standardized system established pursuant to NRS 62.420.
12. As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
Sec. 91.6 NRS 62.380 is hereby amended to read as follows:
62.380 Any decree or order entered by a judge or master of a juvenile court, district court, justice's court or municipal court concerning a child within the purview of this chapter [shall] must contain, for the benefit of the child, an explanation of the contents of NRS 62.370 [.] and, if applicable, section 91.1 of this act.
Sec. 92. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead guilty or guilty but mentally ill or nolo contendere.
5. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 1; or
(b) A stipulation made pursuant to subsection 4.
6. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.
Sec. 93. NRS 207.080 is hereby amended to read as follows:
207.080 1. [For the purpose of] Except as otherwise provided in subsection 2, as used in NRS 207.080 to 207.150, inclusive, [a] unless the context otherwise requires, "convicted person" [is:] means:
(a) Any person convicted in the State of Nevada of an offense punishable as a felony or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.
(b) Any person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether or not the violation is punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used to disable temporarily or permanently any human being.
(c) Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.
(d) Any person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. [Any person, except as set forth] For the purposes of NRS 207.080 to 207.150, inclusive, "convicted person" does not include:
(a) A person who has been convicted of a crime against a child, as defined in section 34 of this act, or a sexual offense, as defined in section 48 of this act; or
(b) Except as otherwise provided in NRS 207.090 to 207.150, inclusive, a person whose conviction is or has been set aside in the manner provided by law . [shall not be deemed a convicted person.]
Sec. 93.5. NRS 209.463 is hereby amended to read as follows:
209.463 1. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:
(a) If the offender's hourly wage is equal to or greater than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
(5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.
(6) Any deduction pursuant to NRS 209.246.
(7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(8) An amount the director considers reasonable to meet any existing obligation of the offender for restitution to any victim of his crime.
(9) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
(10) An amount the director considers reasonable to pay the balance of the administrative assessments included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid administrative assessments included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any administrative assessment is owing, until the balance owing has been paid.
[(10)] (11) An amount the director considers reasonable to pay the balance of the fines included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid fines included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any fines owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any fines owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
(b) If the offender's hourly wage is less than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
(5) Any deduction pursuant to NRS 209.246.
(6) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
(7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
2. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender's account from any source other than his wages:
(a) Any deduction pursuant to NRS 209.246.
(b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(c) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.
3. The director shall not make any deduction from the offender's individual account in the prisoners' personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender's account required before such other deductions or withdrawals from the account may be made by the director or the offender.
4. Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.
5. The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.
Sec. 94. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if the board releases on parole a prisoner convicted of an offense listed in section 63 of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:
(a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee;
(b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the parolee;
(c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee;
(d) Participate in and complete a program of professional counseling approved by the division;
(e) Submit to periodic tests to determine whether the parolee is using a controlled substance and submit to periodic polygraphic examinations, as requested by the parole and probation officer assigned to the parolee;
(f) Abstain from consuming alcohol;
(g) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee;
(h) Not use aliases or fictitious names;
(i) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;
(j) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in section 48 of this act is present; and
(k) Not be in or near:
(1) A playground, school or school grounds;
(2) A motion picture theater; or
(3) A business that primarily has children as customers or conducts events that primarily children attend.
2. The board is not required to impose a condition of parole listed in subsection 1 if the board finds that extraordinary circumstances are present and the board states those extraordinary circumstances in writing.
Sec. 95. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 94 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Chief" means the chief parole and probation officer.
3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) 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;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) 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.
7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 96. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a prisoner on parole, the board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The board shall not release on parole [a sex offender] an offender convicted of an offense listed in section 63 of this act until the law enforcement agency in whose jurisdiction [a sex] the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to [NRS 213.1253.] sections 61 to 76, inclusive, of this act.
Sec. 97. NRS 391.314 is hereby amended to read as follows:
391.314 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee's dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A licensed employee who is convicted of a crime which requires registration [as a sex offender] pursuant to [NRS 207.151 or] sections 33 to 41, inclusive, or 42 to 60, inclusive, of this act or is convicted of an act forbidden by NRS 200.508, 201.190 [, 201.265 or 207.260] or 201.265 forfeits all rights of employment from the date of his arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee's contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
Sec. 97.5. Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in section 90.8 of [this act,] Senate Bill No. 325 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 98. NRS 207.151, 207.152, 207.153, 207.154, 207.155, 207.156, 207.157, 213.1247, 213.1253 and 213.1257 are hereby repealed.
Sec. 99. 1. For each sex offender who was convicted before July 1, 1997, and who is incarcerated or confined on July 1, 1997, the division shall, before the sex offender is released:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
Before the sex offender is released, the central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.
2. For each sex offender who was convicted before July 1, 1997, and who is on probation, parole or any other type of supervised release on July 1, 1997, the division shall:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides.
3. Before January 1, 1998, each local law enforcement agency in this state shall provide to the division a copy of all information the law enforcement agency has obtained from each sex offender who has registered before July 1, 1997. As soon as practicable after receiving information concerning a sex offender from a law enforcement agency pursuant to this subsection, the division shall:
(a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and
(b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.
The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides.
4. As used in this section:
(a) "Central repository" has the meaning ascribed to it in section 23 of this act.
(b) "Community notification" has the meaning ascribed to it in section 24 of this act.
(c) "Division" has the meaning ascribed to it in section 25 of this act.
(d) "Local law enforcement agency" has the meaning ascribed to it in section 26 of this act.
(e) "Record of registration" has the meaning ascribed to it section 28 of this act.
(f) "Sex offender" has the meaning ascribed to it in section 47 of this act.
Sec. 100. The amendatory provisions of sections 76, 78, 79, 83 to 84, inclusive, 87 90.2 to 92, inclusive, 93.5, 94 and 97 of this act do not apply to offenses that are committed.
Sec. 101. The amendatory provisions of sections 42 to 76, inclusive, of this act do not apply to a sex offender whose duty to register was terminated by order of a court pursuant to NRS 207.156 before July 1, 1997, unless the sex offender was or is convicted of a sexual offense, as defined in section 48 of this act, after the date of the order.
Sec. 102. 1. The advisory council for community notification, heretofore created pursuant to chapter 256, Statutes of Nevada 1995, at page 415, is hereby continued.
2. The amendatory provisions of sections 68 and 69 of this act do not affect the terms of appointment of members of the advisory council for community notification who are serving on July 1, 1997.
Sec. 103. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 104. This act becomes effective on July 1, 1997.
LEADLINES OF REPEALED SECTIONS
207.151 "Sex offender" defined.
207.152 Registration with sheriff or police chief; duties upon change of address.
207.153 Registration consists of photograph, fingerprints and statement.
207.154 Duties of heads of institutions and judges before discharge, parole or release of sex offender.
207.155 Restrictions on inspection of statements, photographs or fingerprints; immunity from liability for release of or failure to release registration data.
207.156 Court may relieve sex offender from duty of further registration; application, hearing and order.
207.157 Penalties.
213.1247 Release of sex offender: Advisory council for community notification created; member; vacancies; recommendations concerning notification.
213.1253 Release of sex offender: Attorney general to establish guidelines and procedures for notification of community.
213.1257 Release of sex offender: Law enforcement agency to disclose information regarding sex offender; immunity from civil liability for disclosure.