Existing law ratifies the Interstate Compact for Adult Offender Supervision, which: (1) provides the framework for the control and regulation of interstate movement of certain criminal offenders; (2) creates an Interstate Commission for Adult Offender Supervision to adopt rules governing the Interstate Compact; and (3) provides that those rules have the force and effect of statutory law in compacting states. (NRS 213.215) Existing law also requires the State Board of Parole Commissioners to impose certain conditions on sex offenders placed under a program of lifetime supervision. (NRS 213.1243) In McNeill v. State, 132 Nev. 551 (2016), the Nevada Supreme Court held that the Board does not have the authority to impose conditions of lifetime supervision that are not among the conditions prescribed by the applicable statute. (NRS 213.1243)
Section 1 of this bill requires the Board to impose, as a condition of lifetime supervision, requirements that apply if a sex offender is transferred to another state pursuant to the Interstate Compact. Under those requirements, the sex offender must: (1) refrain from behavior that requires retaking as defined by the rules adopted by the Interstate Commission; and (2) comply with any additional conditions required by those rules. Section 1 also makes it a gross misdemeanor for a sex offender whose supervision has been transferred pursuant to the Interstate Compact to engage in behavior requiring retaking, as defined by the rules adopted by the Interstate Commission. Section 2 of this bill applies the condition of lifetime supervision required by section 1 to sex offenders who are placed under a program of lifetime supervision before, on or after October 1, 2027.