Nevada 2019 Regular Session Status: Enacted

SB 8 — Revises provisions governing the conditions for lifetime supervision of sex offenders. (BDR 16-408)

Last action — Approved by the Governor. Chapter 386.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 14, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to sex offenders; revising provisions governing sex offenders who are under a program of lifetime supervision; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

181 added · 194 removed

181 line(s) added, 194 removed.

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Latest
(Reprinted with amendments adopted on May 23, 2019) THIRD REPRINT S.B.
Senate Bill No.
8 SENATE BILL NO .
8–Committee on Judiciary CHAPTER..........
8–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 14, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the conditions for lifetime supervision of sex offenders.
(BDR 16-408) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law sets forth certain conditions to be imposed on sex offenders placed under a program of lifetime supervision or released on parole, probation or a suspended sentence.
Legislative Counsel’s Digest:
under a program of lifetime supervision or released on parole, probation or aplaced suspended sentence.
(1) the violation shall be deemed to have occurred in the county that imposed the sentence of lifetime supervision, and may only be prosecuted therein, if the violation occurred outside this State;
(1) the violation shall be deemed to have occurred in the county that imposed the sentence of lifetime supervision, and may only be shall be deemed to have occurred in the county in which the violation occurred, andion may only be prosecuted therein, if the violation occurred in this State.
or (2) the violation may only be prosecuted therein, if the violation occurred in this State.curred, and - *SB8_R3* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) The residence has been approved by the parole and probation officer assigned to the person.
- 80th Session (2019) – 2 – (a) The residence has been approved by the parole and probation officer assigned to the person.
Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
Except as otherwise provided in subsection 9, the Board offender, unless approved by the parole and probation officer sex assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to - *SB8_R3* – 3 – lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:
Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:
(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
6.
- 80th Session (2019) – 3 – 6.
(b) Report any incidental damage or defacement of the occurrence of the damage or defacement.ision within 2 hours after the (c) Abide by any other conditions set forth by the Division with electronic monitoring.articipation under the system of active 7.
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor.
(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active ele7.ronExcept as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor.
The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 - *SB8_R3* – 4 – if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
The Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his or her designee and a written agreement is entered into and signed.
The Board shall require as a condition of lifetime with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his or her designee and a written agreement is entered into and signed.
(a) Participate in and complete a program of professional counseling approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of professional counseling recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.
(a) Participate in and complete a program of professional counseling approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of professional counseling recommended or ordered by the Board or the court upon conviction of the sexual - 80th Session (2019) – 4 – offense for which the sex offender will be placed under a program of lifetime supervision.
(d) Not enter, visit or patronize an establishment which offers a s(e) Inform the parole and probation officer assigned to the sex offender of any post office box used by the sex offender.
(d) Not enter, visit or patronize an establishment which offers a sexually related form of entertainment as its primary business.
(e) Inform the parole and probation officer assigned to the sex offender of any post office box used by the sex offender.
If the sex offender is convicted of a sexual offense involving the use of alcohol, marijuana or a controlled substance, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender participate in and complete a program of counseling pertaining to substance abuse approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance abuse - *SB8_R3* – 5 – recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.
If the sex offender is convicted of a sexual offense involving the use of alcohol, marijuana or a controlled substance, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender participate in and complete a program of counseling pertaining to substance abuse approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance abuse recommended or ordered by the Board or the court upon placed under a program of lifetime supervision.sex offender will be 14.
14.
(a) In which the violation occurred outside this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, [within or] outside that county or [within or] outside this State [.] ;
(a) In which the violation occurred outside this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the - 80th Session (2019) – 5 – sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, [within or] outside that county or [within or] outside this State [.] ;
1.
supervision as of the effective date of this act, any applicable, additional conditions of a program of lifetime supervision added by the amendatory provisions of this act apply to the person as of January 1, 2021.
If a person has already commenced a program of lifetime supervision as of the effective date of this act, any applicable, additional conditions of a program of lifetime supervision added by the amendatory provisions of this act apply to the person as of January 1, 2021.
H - *SB8_R3*
~~~~~ 19 - 80th Session (2019)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 386.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment Nos. 817 and 901 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Third reprint. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Amended. (Amend. No. 901.) To printer.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 817.) To printer.

  8. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 188.) To printer.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 8 do?
AN ACT relating to sex offenders; revising provisions governing sex offenders who are under a program of lifetime supervision; and providing other matters properly relating thereto.
Who sponsors SB 8?
SB 8 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 8?
This bill has been enacted into law. Introduced November 14, 2018. Enacted.
Where can I track SB 8?
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