Nevada § 213.1243 - Release of sex offender: Program of lifetime supervision; required conditions of lifetime supervision; electronic monitoring device; penalties for violation of conditions; exception to conditions

§ 213.1243. Release of sex offender: Program of lifetime supervision; required conditions of lifetime supervision; electronic monitoring device; penalties for violation of conditions; exception to conditions

1. 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 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 ; 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. 4. 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 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. (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 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 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. 16. 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 .