Nevada § 213.1245 - Prisoner convicted of sexual offense: Mandatory conditions of parole

§ 213.1245. Prisoner convicted of sexual offense: Mandatory conditions of parole

1. Except as otherwise provided in subsection 3, if the Board releases on parole a

prisoner convicted of a sexual offense, the Board shall, in addition to any other

condition of parole, require as a condition of parole that the parolee: (a) Reside at a location only if: (1) The residence has been approved by the parole and probation officer assigned to

the parolee. (2) 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 . (3) The parolee keeps the parole and probation officer informed of his or her current

address. (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. (c) Abide by any curfew imposed by the parole and probation officer assigned to the

parolee. (d) Participate in and complete a program of professional counseling approved by the

Division. (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. (f) Submit to periodic polygraph examinations, as requested by the parole and probation

officer assigned to the parolee. (g) Abstain from consuming, possessing or having under his or her control any alcohol. (h) Not have contact or communicate with a victim of the offense or a witness who

testified against the parolee or solicit another person to engage in such contact

or communication on behalf of the parolee, unless approved by the Chief or his or

her designee and a written agreement is entered into and signed in the manner set

forth in subsection 2. (i) Not use aliases or fictitious names. (j) Not obtain a post office box unless the parolee receives permission from the parole

and probation officer assigned to the parolee. (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 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. (l) Unless approved by the parole and probation officer assigned to the parolee and

by a psychiatrist, psychologist or counselor treating the parolee, 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 paragraph apply only to a parolee who is a Tier 3 offender. (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. (n) Not possess any sexually explicit material that is deemed inappropriate by the

parole and probation officer assigned to the parolee. (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. (p) Not possess any electronic device capable of accessing the Internet and not access

the Internet through any such device or any other means, unless possession of such

a device or such access is approved 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 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. As used in this paragraph, “institution of higher education” has the meaning ascribed

to it in NRS 179D.045 . 2. A written agreement entered into pursuant to paragraph (h) of subsection 1 must

state that the contact or communication is in the best interest of the victim or witness,

and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by: (a) The victim or the witness; (b) The parolee; (c) The parole and probation officer assigned to the parolee; (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness,

if any; (e) If the victim or witness is a child under 18 years of age, each parent, guardian

or custodian of the child; and (f) The Chief or his or her designee. 3. The Board is not required to impose a condition of parole listed in subsection

1 if the Board finds that extraordinary circumstances are present and the Board states

those extraordinary circumstances in writing.