(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 548–Committee on Judiciary

 

(On Behalf of Department of Motor Vehicles and
Public Safety—Directors Office)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning sex offenders and other persons convicted of crimes. (BDR 14‑512)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to offenders; revising the provisions relating to psychosexual evaluations and the process of certifying whether certain offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising the provisions relating to the process of certifying whether certain offenders may be released on parole; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 176.139 is hereby amended to read as follows:

1-2    176.139  1.  If a defendant is convicted of a sexual offense for which

1-3  the suspension of sentence or the granting of probation is permitted, the

1-4  division shall arrange for a psychosexual evaluation of the defendant as

1-5  part of the division’s presentence investigation and report to the court.

1-6    2.  The psychosexual evaluation of the defendant must be conducted by

1-7  a person professionally qualified to conduct psychosexual evaluations.

1-8    3.  The person who conducts the psychosexual evaluation of the

1-9  defendant must use diagnostic tools that are generally accepted as being

1-10  within the standard of care for the evaluation of sex offenders, and the

1-11  psychosexual evaluation of the defendant must include:

1-12    (a) A comprehensive clinical interview with the defendant; and

1-13    (b) A review of all investigative reports relating to the defendant’s

1-14  sexual offense and all statements made by victims of that offense.

1-15    4.  The psychosexual evaluation of the defendant may include:

1-16    (a) A review of records relating to previous criminal offenses

1-17  committed by the defendant;

2-1    (b) A review of records relating to previous evaluations and treatment

2-2  of the defendant;

2-3    (c) A review of the defendant’s records from school;

2-4    (d) Interviews with the defendant’s parents, the defendant’s spouse or

2-5  other persons who may be significantly involved with the defendant or who

2-6  may have relevant information relating to the defendant’s background; and

2-7    (e) The use of psychological testing, polygraphic examinations and

2-8  arousal assessment.

2-9    5.  The person who conducts the psychosexual evaluation of the

2-10  defendant must be given access to all records of the defendant that are

2-11  necessary to conduct the evaluation, and the defendant shall be deemed to

2-12  have waived all rights of confidentiality and all privileges relating to those

2-13  records for the limited purpose of the evaluation.

2-14    6.  The person who conducts the psychosexual evaluation of the

2-15  defendant shall [prepare] :

2-16    (a) Prepare a comprehensive written report of the results of the

2-17  evaluation [and shall provide] ;

2-18    (b) Include in the report all information that is necessary to carry out

2-19  the provisions of NRS 176A.110; and

2-20    (c) Provide a copy of [that] the report to the division.

2-21    7.  If a psychosexual evaluation is conducted pursuant to this section,

2-22  the court shall:

2-23    (a) Order the defendant, to the extent of his financial ability, to pay for

2-24  the cost of the psychosexual evaluation; or

2-25    (b) If the defendant was less than 18 years of age when the sexual

2-26  offense was committed and the defendant was certified and convicted as an

2-27  adult, order the parents or guardians of the defendant, to the extent of their

2-28  financial ability, to pay for the cost of the psychosexual evaluation. For the

2-29  purposes of this paragraph, the court has jurisdiction over the parents or

2-30  guardians of the defendant to the extent that is necessary to carry out the

2-31  provisions of this paragraph.

2-32    Sec. 2.  NRS 176.145 is hereby amended to read as follows:

2-33    176.145  1.  The report of any presentence investigation must contain:

2-34    (a) Any prior criminal record of the defendant;

2-35    (b) Information concerning the characteristics of the defendant, his

2-36  financial condition, the circumstances affecting his behavior and the

2-37  circumstances of his offense that may be helpful in imposing sentence, in

2-38  granting probation or in the correctional treatment of the defendant;

2-39    (c) Information concerning the effect that the offense committed by the

2-40  defendant has had upon the victim, including, without limitation, any

2-41  physical or psychological harm or financial loss suffered by the victim, to

2-42  the extent that such information is available from the victim or other

2-43  sources, but the provisions of this paragraph do not require any particular

2-44  examination or testing of the victim, and the extent of any investigation or

2-45  examination is solely at the discretion of the court or the division and the

2-46  extent of the information to be included in the report is solely at the

2-47  discretion of the division;

3-1    (d) Information concerning whether the defendant has an obligation for

3-2  the support of a child, and if so, whether he is in arrears in payment on that

3-3  obligation;

3-4    (e) Data or information concerning reports and investigations thereof

3-5  made pursuant to chapter 432B of NRS that relate to the defendant and are

3-6  made available pursuant to NRS 432B.290;

3-7    (f) The results of the evaluation of the defendant conducted pursuant to

3-8  NRS 484.3796, if such an evaluation is required pursuant to that section;

3-9    (g) A recommendation of a minimum term and a maximum term of

3-10  imprisonment or other term of imprisonment authorized by statute, or a

3-11  fine, or both;

3-12    (h) A recommendation, if the division deems it appropriate, that the

3-13  defendant undergo a program of regimental discipline pursuant to NRS

3-14  176A.780;

3-15    (i) [A] If a psychosexual evaluation of the defendant is required

3-16  pursuant to NRS 176.139, a written report of the results of [a] the

3-17  psychosexual evaluation of the defendant[, if such an evaluation is

3-18  required pursuant to NRS 176.139;] and all information that is necessary

3-19  to carry out the provisions of NRS 176A.110; and

3-20    (j) Such other information as may be required by the court.

3-21    2.  The division may include in the report any additional information

3-22  that it believes may be helpful in imposing a sentence, in granting

3-23  probation or in correctional treatment.

3-24    Sec. 3.  NRS 176A.110 is hereby amended to read as follows:

3-25  176A.110  1.  The court shall not grant probation to or suspend the

3-26  sentence of a person convicted of an offense listed in subsection 3 unless [a

3-27  psychologist licensed to practice in this state or a psychiatrist licensed to

3-28  practice medicine in this state] :

3-29  (a) If a psychosexual evaluation of the person is required pursuant to

3-30  NRS 176.139, the person who conducts the psychosexual evaluation

3-31  certifies in the report prepared pursuant to NRS 176.139 that the person

3-32  convicted of the offense does not represent a high risk to reoffend based

3-33  upon a currently accepted standard of assessment; or

3-34  (b) If a psychosexual evaluation of the person is not required

3-35  pursuant to NRS 176.139, a person professionally qualified to conduct

3-36  psychosexual evaluations certifies in a written report to the court that the

3-37  person [is not a menace to the health, safety or morals of others.] convicted

3-38  of the offense does not represent a high risk to reoffend based upon a

3-39  currently accepted standard of assessment.

3-40    2.  This section does not create a right in any person to be certified or to

3-41  continue to be certified . [and no] No person may bring a cause of action

3-42  against the state, its political subdivisions, or the agencies, boards,

3-43  commissions, departments, officers or employees of the state or its

3-44  political subdivisions for not certifying a person pursuant to this section

3-45  or for refusing to consider a person for certification pursuant to this

3-46  section.

3-47    3.  The provisions of this section apply to a person convicted of any of

3-48  the following offenses:

4-1    (a) Attempted sexual assault of a person who is 16 years of age or older

4-2  pursuant to NRS 200.366.

4-3    (b) Statutory sexual seduction pursuant to NRS 200.368.

4-4    (c) Battery with intent to commit sexual assault pursuant to NRS

4-5  200.400.

4-6    (d) Abuse or neglect of a child pursuant to NRS 200.508.

4-7    (e) An offense involving pornography and a minor pursuant to NRS

4-8  200.710 to 200.730, inclusive.

4-9    (f) Incest pursuant to NRS 201.180.

4-10    (g) Solicitation of a minor to engage in acts constituting the infamous

4-11  crime against nature pursuant to NRS 201.195.

4-12    (h) Open or gross lewdness pursuant to NRS 201.210.

4-13    (i) Indecent or obscene exposure pursuant to NRS 201.220.

4-14    (j) Lewdness with a child pursuant to NRS 201.230.

4-15    (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

4-16    (l) A violation of NRS 207.180.

4-17    (m) An attempt to commit an offense listed in paragraphs (b) to (l),

4-18  inclusive.

4-19    (n) Coercion or attempted coercion that is determined to be sexually

4-20  motivated pursuant to NRS 207.193.

4-21    4.  As used in this section, “person professionally qualified to conduct

4-22  psychosexual evaluations” has the meaning ascribed to it in NRS

4-23  176.133.

4-24    Sec. 4.  NRS 176A.850 is hereby amended to read as follows:

4-25    176A.850  1.  A person who:

4-26    (a) Has fulfilled the conditions of his probation for the entire period

4-27  thereof;

4-28    (b) Is recommended for earlier discharge by the division; or

4-29    (c) Has demonstrated his fitness for honorable discharge but because of

4-30  economic hardship, verified by a parole and probation officer, has been

4-31  unable to make restitution as ordered by the court,

4-32  may be granted an honorable discharge from probation by order of the

4-33  court.

4-34    2.  Any amount of restitution remaining unpaid constitutes a civil

4-35  liability arising upon the date of discharge.

4-36    3.  A person honorably discharged from probation [is] :

4-37    (a) Is free from the terms and conditions of his probation ; and

4-38    (b) If he meets the requirements of NRS 176A.860, may apply to the

4-39  [court, in person or by attorney, pursuant to NRS 176A.860, for the]

4-40  division to request a restoration of his civil rights. [He] The person must

4-41  be informed of [this privilege] the provisions of this section and NRS

4-42  176A.860 in his probation papers.

4-43    4.  A person honorably discharged from probation who has had his civil

4-44  rights restored by the court:

4-45    (a) Is exempt from the requirements of chapter 179C of NRS, but is not

4-46  exempt from the requirements of chapter 179D of NRS.

4-47    (b) May vote, hold office or serve as a juror.

4-48    (c) Shall disclose the conviction to a gaming establishment and to the

4-49  state[,] and its agencies, departments, boards, commissions and political

5-1  subdivisions, if required in an application for employment, license or other

5-2  permit. As used in this paragraph, “establishment” has the meaning

5-3  ascribed to it in NRS 463.0148.

5-4    (d) Except as otherwise provided in paragraph (c), need not disclose the

5-5  conviction to an employer or prospective employer.

5-6    5.  The prior conviction of a person whose civil rights have been

5-7  restored or who has been honorably discharged from probation may be

5-8  used for purposes of impeachment. In any subsequent prosecution of the

5-9  person who has had his civil rights restored or who has been honorably

5-10  discharged from probation, the prior conviction may be pleaded and proved

5-11  if otherwise admissible.

5-12    Sec. 5.  NRS 176A.860 is hereby amended to read as follows:

5-13    176A.860  [A convicted person who]

5-14    1.  If a person is granted an honorable discharge from probation, [who

5-15  has] not sooner than 6 months after his honorable discharge, the person

5-16  may apply to the division to request a restoration of his civil rights if the

5-17  person:

5-18    (a) Has not previously been restored to his civil rights[, and who is] ;

5-19  and

5-20    (b) Has not been convicted of any offense greater than a traffic

5-21  violation[within 6 months after the discharge, may apply] after his

5-22  honorable discharge.

5-23    2.  If a person applies to the division to request a restoration of his

5-24  civil rights[. The application must be accompanied by] , the person must

5-25  submit with his application a current, certified record of [the applicant’s]

5-26  his criminal history received from the central repository for Nevada

5-27  records of criminal history. If the division determines after an investigation

5-28  that the [applicant] person meets the requirements of this section, [it] the

5-29  division shall petition the court in which the [applicant] person was

5-30  convicted for an order granting the restoration[.] of his civil rights. If the

5-31  division refuses to submit such a petition, the [applicant] person may, after

5-32  notice to the division, directly petition the court for an order granting the

5-33  restoration of his civil rights.

5-34  Sec. 6.   NRS 213.1214 is hereby amended to read as follows:

5-35  213.1214  1.  The board shall not release on parole a prisoner

5-36  convicted of an offense listed in subsection 5 unless a panel consisting of:

5-37  (a) The administrator of the division of mental health and

5-38  developmental services of the department of human resources or his

5-39  designee;

5-40  (b) The director of the department of prisons or his designee; and

5-41  (c) A psychologist licensed to practice in this state or a psychiatrist

5-42  licensed to practice medicine in this state,

5-43  certifies that the prisoner was under observation while confined in an

5-44  institution of the department of prisons and [is not a menace to the health,

5-45  safety or morals of others.] does not represent a high risk to reoffend

5-46  based upon a currently accepted standard of assessment.

5-47  2.  A prisoner who has been certified pursuant to subsection 1 and who

5-48  returns for any reason to the custody of the department of prisons may not

6-1  be paroled unless a panel recertifies him in the manner set forth in

6-2  subsection 1.

6-3    3.  The panel may revoke the certification of a prisoner certified

6-4  pursuant to subsection 1 at any time.

6-5    4.  This section does not create a right in any prisoner to be certified or

6-6  to continue to be certified. No prisoner may bring a cause of action against

6-7  the state, its political subdivisions, or the agencies, boards, commissions,

6-8  departments, officers or employees of the state or its political subdivisions

6-9  for not certifying a prisoner pursuant to this section or for refusing to

6-10  place a prisoner before a panel for certification pursuant to this section.

6-11  5.  The provisions of this section apply to a prisoner convicted of any

6-12  of the following offenses:

6-13  (a) Sexual assault pursuant to NRS 200.366.

6-14  (b) Statutory sexual seduction pursuant to NRS 200.368.

6-15  (c) Battery with intent to commit sexual assault pursuant to

6-16  NRS 200.400.

6-17  (d) Abuse or neglect of a child pursuant to NRS 200.508.

6-18  (e) An offense involving pornography and a minor pursuant to

6-19  NRS 200.710 to 200.730, inclusive.

6-20  (f) Incest pursuant to NRS 201.180.

6-21  (g) Solicitation of a minor to engage in acts constituting the infamous

6-22  crime against nature pursuant to NRS 201.195.

6-23  (h) Open or gross lewdness pursuant to NRS 201.210.

6-24  (i) Indecent or obscene exposure pursuant to NRS 201.220.

6-25  (j) Lewdness with a child pursuant to NRS 201.230.

6-26  (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

6-27  (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k),

6-28  inclusive.

6-29  (m) Coercion or attempted coercion that is determined to be sexually

6-30  motivated pursuant to NRS 207.193.

6-31  Sec. 7.   1.  The amendatory provisions of sections 1, 2 and 3 of this

6-32  act apply to any person who is given a psychosexual evaluation pursuant to

6-33  NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or

6-34  after October 1, 2001, whether or not the person was convicted before, on

6-35  or after October 1, 2001.

6-36  2.  The amendatory provisions of sections 4 and 5 of this act apply to

6-37  any person who applies to the division of parole and probation of the

6-38  department of motor vehicles and public safety to request a restoration of

6-39  his civil rights pursuant to NRS 176A.860 on or after October 1, 2001,

6-40  whether or not the person was convicted before, on or after October 1,

6-41  2001.

6-42  3.  The amendatory provisions of section 6 of this act apply to any

6-43  person who is subject to the provisions of NRS 213.1214 on or after

6-44  October 1, 2001, whether or not the person was convicted before, on or

6-45  after October 1, 2001.

 

6-46  H