Existing law requires a person convicted of a “sexual offense” to provide a biological specimen, to undergo a psychosexual evaluation before sentencing, to register as a sex offender and to comply with certain other requirements. (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 parole. (NRS 213.107) This bill makes the definition of the term “sexual offense” that is used for the purpose of those provisions relating to parole consistent with the definition used elsewhere in the NRS. For the purposes of the provisions relating to parole that apply to a person who is convicted of a sexual offense, existing law: (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; (2) imposes certain requirements upon the Department of Corrections to assess each prisoner who has been convicted of a sexual offense to determine the prisoner's risk to reoffend in a sexual manner; (3) requires the Board to consider that assessment by the Department before determining whether to grant or revoke the parole of the person; and (4) allows the Board to delegate to a panel its authority to hear, consider and act upon the parole of a person who has been convicted of a sexual offense involving the use or threat of use of force or violence. (NRS 213.10885, 213.1214, 213.133) Section 1 of this bill revises the definition of “sexual offense” for the purposes of these provisions relating to parole to make the definition consistent 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 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 necessary as the result of the revised definition in section 1. Section 5 of this bill makes a technical change to ensure that a provision relating to the special sentence of lifetime supervision for sex offenders is not affected by the change in section 1.

Statutes affected:
As Introduced: 213.107, 213.1099, 213.1214, 213.12155, 213.1243, 213.1245
As Enrolled: 213.107, 213.1099, 213.1214, 213.12155, 213.1243, 213.1245