Nevada 2021 Regular Session Status: Enacted

AB 342 — Revises provisions relating to parole. (BDR 16-511)

Last action — Approved by the Governor. Chapter 362.

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

This bill has been enacted into law. Introduced March 19, 2021. 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.

Bill Text

What changed in the latest version

77 added · 512 removed

Plain-language change summary

The updated version of Assembly Bill No. 342 changes how often the State Board of Parole Commissioners reviews the standards for granting or revoking parole. Instead of reviewing these standards every odd-numbered year, the bill now requires them to be reviewed at least once every five years. This change matters because it aims to give the Board more flexibility in updating rules and guidelines based on long-term trends, potentially resulting in more effective parole decisions.

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(Reprinted with amendments adopted on April 15, 2021) FIRST REPRINT A.B.
Assembly Bill No.
342 A SSEMBLY B ILLN O.
342–Committee on Judiciary CHAPTER..........
342–COMMITTEE ON JUDICIARY (ON B EHALF OF THE S UNSET S UBCOMMITTEE OF THE LEGISLATIVE COMMISSION ) M ARCH 19, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to offenders.
AN ACT relating to parole;
(BDR 16-511) 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.
AN ACT relating to offenders;
revising provisions relating to the program of lifetime supervision of sex offenders;
(1) to adopt by regulation standards to assist the Board in determining whether to grant or revoke parole;
(1) to adopt by parole;
court is required to include in sentencing a special sentence of lifetime supervision, which commences after any period of probation or any term of imprisonment and any period of release on parole.
EXPLANATION – Matter in bolded italics is new;
(NRS 176.0931) Existing law also requires the Board:
matter between brackets [omitted material] is material to be omitted.
(1) to establish by regulation a program of lifetime supervision of sex offenders;
and (2) to establish the conditions of lifetime supervision for each sex offender who is subject to lifetime supervision.
Additionally, existing law provides that if a court issues a warrant for arrest for a violation of a condition of lifetime transmitted to the Central Repository for Nevada Records of Criminal Historyrrant to be within 3 business days.
(NRS 213.1243) Section 2 of this bill:
(1) provides that on and after July 1, 2021, the effective date of this bill, the Board will only be responsible for establishing the program of - *AB342_R1* – 2 – lifetime supervision and establishing the conditions of lifetime supervision for a sex offender who is sentenced before July 1, 2021;
and (2) eliminates the requirement that the court cause notice of the issuance of a warrant for arrest for a violation of a condition of lifetime supervision to be transmitted to the Central Repository within 3 bSection 3 of this bill:
(1) transfers from the Board to the sentencing court all the current duties and responsibilities relating to lifetime supervision of sex offenders for sex offenders sentenced on or after July 1, 2021;
and (2) moves all related provisions governing lifetime supervision, such as the existing criminal penalties for intentionally removing or disabling an electronic monitoring device or for violating a condition of lifetime supervision, to the appropriate section of the supervision by the sentencing court.
Section 3 provides that the sentencing court is responsible, on and after July 1, 2021, for establishing the conditions of lifetime supervision for a sex offender sentenced on or after July 1, 2021.
Existing law provides that a person sentenced to lifetime supervision may petition for release from lifetime supervision.
For such a petition to be granted, in addition to other requirements, the person must show that he or she is not likely to determined by a person professionally qualified to conduct psychosexualsion, as evaluations.
(NRS 176.0931) Section 3 allows a licensed, clinical professional who has received training in the treatment of sex offenders to make such a determination.
In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is - *AB342_R1* – 3 – granted or continued.
In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.
(b) The criminal history of the person;
- 81st Session (2021) – 2 – (b) The criminal history of the person;
4.
greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.
The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.
Sec.
Secs.
2.
2 and 3.
NRS 213.1243 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
213.1243 1.
The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after - *AB342_R1* – 4 – any period of probation or any term of imprisonment and any period of release on parole.
The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2.
Lifetime supervision shall be deemed a form of parole for:
(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110;
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and (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
3.
Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:
(a) The residence has been approved by the parole and probation officer assigned to the person.
(b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
(c) The person keeps the parole and probation officer informed of his or her current address.
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.
The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.
5.
Except as otherwise provided in subsection 9, if [a] the 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 - *AB342_R1* – 5 – 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.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.
6.
A sex offender placed under the system of active electronic monitoring pursuant to subsection 5 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(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.
(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.
7.
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.
The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
8.
Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him or her pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished 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.
9.
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.
10.
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 - *AB342_R1* – 6 – the Chief or his or her designee and a written agreement is entered into and signed.
11.
The Board shall require as a condition of lifetime supervision, in addition to any other condition imposed pursuant to this section, that the sex offender:
(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.
(b) Not use aliases or fictitious names.
(c) Not possess any sexually explicit material that is harmful to minors as defined in NRS 201.257.
(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.
12.
If the sex offender is convicted of a sexual offense involving the use of the Internet, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless the sex offender installs a device or subscribes to a service which enables the parole and probation officer assigned to the sex offender to regulate the sex offender’s use of the Internet.
The provisions of this subsection do not apply to a device used by a sex offender within the course and scope of his or her employment.
13.
If the sex offender is convicted of a sexual offense involving the use of alcohol, cannabis 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 use disorders approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance use disorders 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.
14.
[If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a - *AB342_R1* – 7 – manner which ensures that such notice is received by the Central Repository within 3 business days.
15.] For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him or her pursuant to the program of lifetime supervision:
(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, outside that county or outside this State;
or (b) In which the violation occurred within this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the violation occurred.
15.
The provisions of this section apply only to a sex offender who is sentenced before July 1, 2021.
Sec.
3.
NRS 176.0931 is hereby amended to read as follows:
176.0931 1.
If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision [.] that provides for the lifetime supervision of the defendant, as a sex offender, by parole and probation officers.
The court shall, at the time of sentencing, impose the conditions of lifetime supervision in accordance with the provisions of this section.
2.
The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
Lifetime supervision shall be deemed a form of parole for:
(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110;
and (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
3.
Except as otherwise provided in subsection 9, the court shall require as a condition of lifetime supervision that the sex offender reside at a location only if:
(a) The residence has been approved by the parole and probation officer assigned to the person.
(b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
- *AB342_R1* – 8 – (c) The person keeps the parole and probation officer informed of his or her current address.
4.
Except as otherwise provided in subsection 9, the court 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.
The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.
5.
Except as otherwise provided in subsection 9, if the 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 court 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.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.
6.
A sex offender placed under the system of active electronic monitoring pursuant to subsection 5 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(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.
- *AB342_R1* – 9 – (c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.
7.
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.
The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
8.
Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him or her pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished 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.
9.
The court is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the court finds that extraordinary circumstances are present and the court states those extraordinary circumstances in writing.
10.
The court 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.
11.
The court shall require as a condition of lifetime supervision, in addition to any other condition imposed pursuant to this section, that the sex offender:
(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.
(b) Not use aliases or fictitious names.
(c) Not possess any sexually explicit material that is harmful to minors as defined in NRS 201.257.
(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.
- *AB342_R1* – 10 – 12.
If the sex offender is convicted of a sexual offense involving the use of the Internet, the court shall require, in addition to any other condition imposed pursuant to this section, that the sex offender not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless the sex offender installs a device or subscribes to a service which enables the parole and probation officer assigned to the sex offender to regulate the sex offender’s use of the Internet.
The provisions of this subsection do not apply to a device used by a sex offender within the course and scope of his or her employment.
13.
If the sex offender is convicted of a sexual offense involving the use of alcohol, cannabis or a controlled substance, the court 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 use disorders approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance use disorders 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.
14.
For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him or her pursuant to the program of lifetime supervision:
(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 this section is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, outside that county or outside this State;
or (b) In which the violation occurred within this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the violation occurred.
15.
A person sentenced to lifetime supervision may petition the sentencing court [or the State Board of Parole Commissioners] for release from lifetime supervision.
The sentencing court [or the Board] shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;
(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least - *AB342_R1* – 11 – 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later;
and (c) The person is not likely to pose a threat to the safety of others, as determined by a [person professionally qualified to conduct psychosexual evaluations,] licensed, clinical professional who has received training in the treatment of sex offenders, if released from lifetime supervision.
[4.] 16.
A person who is released from lifetime supervision pursuant to the provisions of subsection [3] 15 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.
[5.] 17.
As used in this section:
(a) “Board” means the State Board of Parole Commissioners.
(b) “Chief” means the Chief Parole and Probation Officer.
(c) “Offense that poses a threat to the safety or well-being of others” includes, without limitation:
(1) An offense that involves:
(I) A victim less than 18 years of age;
(II) A crime against a child as defined in NRS 179D.0357;
(III) A sexual offense as defined in NRS 179D.097;
(IV) A deadly weapon, explosives or a firearm;
(V) The use or threatened use of force or violence;
(VI) Physical or mental abuse;
(VII) Death or bodily injury;
(VIII) An act of domestic violence;
(IX) Harassment, stalking, threats of any kind or other similar acts;
(X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property;
or (XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
(2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
[(b) “Person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.
(c)] (d) “Sex offender” means any person who has been or is convicted of a sexual offense.
(e) “Sexual offense” means:
- *AB342_R1* – 12 – (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(2) An attempt to commit an offense listed in subparagraph (1);
or (3) An act of murder in the first or second degree, kidnapping 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.
4.
H - *AB342_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 362.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 663 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 663.) To printer.

  8. In Senate. 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: 26, Nays: 14, Excused: 2.) To Senate.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 323.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly 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

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Frequently asked questions

Who sponsors AB 342?
AB 342 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 342?
This bill has been enacted into law. Introduced March 19, 2021. Enacted.
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