Nevada 2023 Regular Session Status: Enacted

SB 67 — Revises the definition of the term “sexual offense” for the purpose of certain provisions relating to parole. (BDR 16-258)

Last action — Enrolled and delivered to Governor. Approved by the Governor. Chapter 21.

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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 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 22, 2023.

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

558 added · 600 removed

Plain-language change summary

The recent amendment to Senate Bill No. 67 clarifies the definition of "sexual offense" used in parole-related provisions, making it consistent with how the term is defined elsewhere in state law. This change matters because it ensures that the same criteria apply for assessing individuals convicted of sexual offenses, simplifying the legal framework and potentially impacting decisions on parole and risk assessments. By aligning definitions, the bill aims to improve clarity and fairness in the parole process for those who have been convicted.

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S.B.
Senate Bill No.
67 S ENATE B ILLN O.
67–Committee on Judiciary CHAPTER..........
67–COMMITTEE ON JUDICIARY (ON BEHALF OF THE D EPARTMENT OF P UBLIC SAFETY ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Judiciary SUMMARY—Revises the definition of the term “sexual offense” for the purpose of certain provisions relating to parole.
(BDR 16-258) 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.
(NRS 176.139, 179D.097, 179D.441, 179D.443) Existing law also contains a different definition of “sexual offense” for the purpose of certain other provisions relating to that is used for the purpose of those provisions relating to parole consistent with the definition used elsewhere in the NRS.
(NRS 176.139, 179D.097, 179D.441, 179D.443) Existing law also contains a different parole.
(NRS 213.107) This bill makes the definition of the term “sexual offense”ng to that is used for the purpose of those provisions relating to parole consistent with the definition used elsewhere in the NRS.
(1) requires the State Board of Parole Commissioners to adopt by regulation standards to assist the Board in determining whether to grant or revoke the parole of a person who was convicted of a sexual offense involving the use or threat of use of force or violence;
(1) requires the State Board of Parole Commissioners to adopt by regulation standards to assist the Board in determining whether to grant or revoke the parole of a person who was convicted of a sexual requirements upon the Department of Corrections to assess each prisoner who hasrtain been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner;
(2) imposes certain been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner;
(NRS 213.10885, 213.1214, purposes of these provisions relating to parole to make the definition consistente - *SB67* – 2 – with the definition of the term used elsewhere in NRS, which has the effect of providing that persons who are convicted of certain offenses and who are not provisions.
(NRS 213.10885, 213.1214, 213.133) Section 1 of this bill revises the definition of “sexual offense” for the with the definition of the term used elsewhere in NRS, which has the effect ofent providing that persons who are convicted of certain offenses and who are not currently subject to these provisions relating to parole will now be subject to these provisions.
Sections 2-4 and 6 of this bill make conforming changes that are to these necessary as the result of the revised definition in section 1.
Sections 2-4 and 6 of this bill make conforming changes that are necessary as the result of the revised definition in section 1.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
3.
- 82nd Session (2023) – 2 – 3.
“Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
“Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the5.erm“Responsivity factors” means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.
5.
“Responsivity factors” means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.
- *SB67* – 3 – 9.
revoking parole or probation which are adopted by the Board or the Chief.
“Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief;
- 82nd Session (2023) – 3 – (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief;
3.
sentence of imprisonment, the person remains subject to thehed by a jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court, as applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court, as applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
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 the Board 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 does not have a history of:
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 the Board finds that the prisoner has served at least 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 does not have a history of:
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.
In determining whether to release a prisoner on parole prisoner will soon be eligible for release pursuant to NRS 213.1215.
- *SB67* – 4 – 6.
6.
The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.
The Director shall - 82nd Session (2023) – 4 – not sooner than 120 days before, a scheduled parole hearing.e, but 2.
2.
This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued.
This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or political subdivisions, or the agencies, boards, commissions,e, its departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
- *SB67* – 5 – 6.
6.
(a) “Director” means the Director of the Department of Corrections.
(a) “Director” means the Director of the Department of Cor(b) “Reoffend in a sexual manner” means to commit a sexual offense.
(b) “Reoffend in a sexual manner” means to commit a sexual offense.
The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.
- 82nd Session (2023) – 5 – predator or a nonresident sex offender who is a student or worker within this State.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled commission of a crime of violence pursuant to NRS 200.408, if thehe crime of violence is an offense listed in this paragraph.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(15) Sexual conduct between certain employees of a college or univ(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
Show all 93 changed rows (53 more)
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- *SB67* – 6 – (16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
This subparagraph includes, but is not limited to, an offense prosecuted in:
- 82nd Session (2023) – 6 – prosecuted in:aph includes, but is not limited to, an offense (I) A tribal court.
(I) A tribal court.
Except for the offenses described in subparagraphs 14 and 15, the term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.] Sec.
the term does not include an offense involving consensual sexual5), conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.] Sec.
(b) Has not been found to be a habitual criminal pursuant to NRS 207.010;
NRS 207.010;ot been found to be a habitual criminal pursuant to (c) Is not serving a sentence of life imprisonment without the possibility of parole and has not been sentenced to death;
(c) Is not serving a sentence of life imprisonment without the possibility of parole and has not been sentenced to death;
(d) Does not pose a significant and articulable risk to public safety;
- *SB67* – 7 – (d) Does not pose a significant and articulable risk to public safety;
2.
- 82nd Session (2023) – 7 – 2.
Consideration for geriatric parole may be initiated by the submission of a written application and supporting documentation to the Board, including, without limitation, relevant medical records, plans for parole, program participation records, institutional records, documents concerning eligibility for Medicaid or Medicare and any other relevant documents, from:
Consideration for geriatric parole may be initiated by the submission of a written application and supporting documentation to the Board, including, without limitation, relevant medical records, plans for parole, program participation records, institutional records, other relevant documents, from:y for Medicaid or Medicare and any (a) A prison official or employee;
(a) A prison official or employee;
(b) Does not meet the criteria set forth in subsection 1, the Department shall notify the Board and explain the reasons for such a determination.
(b) Does not meet the criteria set forth in subsection 1, the determination.ll notify the Board and explain the reasons for such a 5.
5.
The Board shall notify the prisoner and the person - *SB67* – 8 – submitting the application pursuant to subsection 2 of the date, time and location of the geriatric parole hearing.
The Board shall notify the prisoner and the person submitting the application pursuant to subsection 2 of the date, time and location of the geriatric parole hearing.
(a) The prisoner’s:
- 82nd Session (2023) – 8 – (a) (1) Age;oner’s:
(1) Age;
The Division is responsible for supervising the person’s compliance with the terms and conditions prescribed by the Board.
The Division is responsible for supervising the person’s compliance with the terms and11.
11.
Sec.
5.
NRS 213.1243 is hereby amended to read as follows:
The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole.
The Board shall establish by regulation aollows:
program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole.
- *SB67* – 9 – (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;
(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.
and - 82nd Session (2023) – 9 – Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
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 shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer 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.
(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.
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.
- *SB67* – 10 – (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.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying - 82nd Session (2023) – 10 – of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
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.
Except as otherwise provided in this subsection, a person 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 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 the10.
10.
The Board shall require as a condition of lifetimeting.
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.
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.
- *SB67* – 11 – 11.
- 82nd Session (2023) – 11 – supervision, in addition to any other condition imposed pursuant to this section, that the sex offender:
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:
12.
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.
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.
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.
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 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.
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 manner which ensures that such notice is received by the Central Repository within 3 business days.
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 - 82nd Session (2023) – 12 – Repository within 3 business days.ice is received by the Central 15.
- *SB67* – 12 – 15.
As used in this section, “sex offender” means any person who has been convicted of a sexual offense as defined in paragraph (b) of subsection 5 of NRS 176.0931.
As used in this section, “sex offender” means any person who has been convicted of a sexual offense as defined in parSec.
Sec.
6.(b)NRS 213.1245 is hereby amended to read as follows:
6.
NRS 213.1245 is hereby amended to read as follows:
(b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his or her position of employment or position as a volunteer.
only if it has been approved by the parole and probation officereer assigned to the parolee and keep the parole and probation officer informed of the location of his or her position of employment or position as a volunteer.
(e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.
- 82nd Session (2023) – 13 – probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.
- *SB67* – 13 – (g) Abstain from consuming, possessing or having under his or her control any alcohol.
(g) Abstain from consuming, possessing or having under his or her control any alcohol.
(k) 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 NRS 179D.097] a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.
secluded environment unless another adult who has never beenage in a convicted of [an offense listed in NRS 179D.097] a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.
The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.
The provisions of this paragraph apply only to a parolee who is a Tier 3 off(m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.
(m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.
(o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.
- 82nd Session (2023) – 14 – (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.
(q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student - *SB67* – 14 – at an institution of higher education or changes the date of commencement or termination of his or her enrollment at an institution of higher education.
(q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his or her enrollment at an “institution of higher education” has the meaning ascribed to it in NRS 179D.045.
As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.
(b) The parolee;
H - *SB67*
~~~~~ 23 - 82nd Session (2023)
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How this bill changes current law

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Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill revises the definition of 'sexual offense' within Nevada's parole laws to align it with the existing definition used elsewhere in Nevada Revised Statutes, thereby expanding the range of offenses classified as sexual offenses for parole purposes.

  • NRS 213.107

    “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, 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; (b) An attempt to commit any offense listed in paragraph (a); or (c) 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. → “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

    The change standardizes the definition of 'sexual offense' for parole considerations, potentially including a broader range of offenses.

  • NRS 213.1099

    [an offense listed in NRS 179D.097] → a sexual offense

    This amendment ensures that the parole release process specifically includes consideration of those convicted of sexual offenses.

  • NRS 213.1214

    an offense listed in NRS 179D.097 → a sexual offense

    This ensures that risk assessments for parole hearings reference 'sexual offenses' rather than a specific prior listed offense.

Action History

  1. Enrolled and delivered to Governor. Approved by the Governor. Chapter 21.

  2. In Senate. To enrollment.

  3. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  4. Read second time.

  5. From committee: Do pass.

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

  7. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Taken from General File. Placed on General File for next legislative day.

  10. Read second time.

  11. From committee: Do pass.

  12. Read first time. To committee.

  13. From printer.

  14. 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.

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Subjects

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Frequently asked questions

Who sponsors SB 67?
SB 67 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 67?
This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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