SUMMARY--Requires that presentence investigation of certain sex offenders include psychosexual evaluation. (BDR 14-284)
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 sex offenders; requiring that the presentence investigation of certain sex offenders include a psychosexual evaluation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 As used in sections 2 and 3 of this act and NRS 176.135 and 176.145, unless the context otherwise requires:
1. "Person professionally qualified to conduct psychosexual evaluations" means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology;
(b) A psychologist licensed to practice in this state;
(c) A social worker holding a master's degree in social work and licensed in this state as a clinical social worker;
(d) A registered nurse holding a master's degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
2. "Psychosexual evaluation" means an evaluation conducted pursuant to section 3 of this act.
3. "Sexual offense" means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.190.
Sec. 3 1. If a defendant is convicted of a sexual offense, the division shall arrange for a psychosexual evaluation of the defendant as part of the division's presentence investigation and report to the court.
2. The psychosexual evaluation of the defendant must be conducted by a person professionally qualified to conduct psychosexual evaluations.
3. The person who conducts the psychosexual evaluation of the defendant must use diagnostic tools that are generally accepted as being within the standard of care for the evaluation of sex offenders, and the psychosexual evaluation of the defendant must include:
(a) A comprehensive clinical interview with the defendant;
(b) A review of all investigative reports relating to the defendant's sexual offense and all statements made by victims of that offense;
(c) A review of records relating to previous criminal offenses committed by the defendant; and
(d) A review of records relating to previous evaluations and treatment of the defendant.
4. The psychosexual evaluation of the defendant may include:
(a) A review of the defendant's records from school;
(b) Interviews with the defendant's parents, the defendant's spouse or other persons who may be significantly involved with the defendant or who may have relevant information relating to the defendant's background; and
(c) The use of psychological testing, polygraphic examinations and arousal assessment.
5. The person who conducts the psychosexual evaluation of the defendant must be given access to all records of the defendant that are necessary to conduct the evaluation, and the defendant shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.
6. The person who conducts the psychosexual evaluation of the defendant shall prepare a comprehensive written report of the results of the evaluation and shall provide a copy of that report to the division.
Sec. 4 NRS 176.135 is hereby amended to read as follows:
176.135 1. [The] Except as otherwise provided in this section, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony. [The]
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation and must include a psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation [except when:] unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
[2.] 4. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 5 NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of the presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of the information to be included in the report is solely at the discretion of the division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;
(f) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(g) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; [and]
(h) A written report of the results of a psychosexual evaluation of the defendant, if the defendant is convicted of a sexual offense; and
(i) Such other information as may be required by the court.
2. The division may include in the report such additional information as it believes will be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 6 NRS 207.190 is hereby amended to read as follows:
207.190 1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of his family, or upon his property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or hinder him in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.
3. Except as otherwise provided in subsection 6, if a person is convicted of a violation of subsection 1 where physical force or the immediate threat of physical force is used, 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.
4. A hearing requested pursuant to subsection 3 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
5. 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.
6. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 3 or as part of an agreement to plead guilty, guilty but mentally ill or nolo contendere.
7. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 3; or
(b) A stipulation made pursuant to subsection 6.
8. 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. 7 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.