September 14, 2018
Carson City, NV – Nevada Attorney General Adam Paul Laxalt announced that his office submitted a bill for the upcoming Legislative Session to amend current State statute to expand conditions that may be imposed upon sex offenders subject to lifetime supervision. This bill was submitted for consideration in the 2017 Legislative Session, but did not receive a hearing.
In light of the July, 2016 McNeill v. State Nevada Supreme Court decision, in which the Court held that the Division of Parole and Probation does not have the authority to impose certain conditions on sex offenders, and after consulting with district attorney’s offices across the State, AG Laxalt’s office drafted this legislative measure. The bill is intended to expand the authority and ability of the Division of Parole and Probation to help keep our communities safe by strictly supervising sex offenders and enumerating offenses that prosecutors can use to charge violators.
“This bill was drafted with the safety of Nevadans in mind, as it would allow for more supervision of sex offenders and specify offenses that prosecutors are able to use to charge sex offenders who violate the law,” said Laxalt. “As I resubmit this bill for consideration in the upcoming session, I hope the Legislature will take the necessary steps to ensure it becomes part of Nevada law.”
If enacted into law, the bill would establish additional conditions for sex offenders subject to a program of lifetime supervision that are similar to those imposed on sex offenders released on parole, probation or a suspended sentence. Among others, the bill would allow the Division of Parole and Probation to require sex offenders subject to a program of lifetime supervision to: 1) submit to a warrantless search and seizure of the sex offender’s residence, vehicle or any property under the convicted offender’s control, in an effort to ensure the safety of the public; 2) restrict an offender’s employment, including volunteer positions, to those that have been approved by a parole and probation officer who can keep track of the location of the sex offender at all times, even while working; 3) abide by any curfew imposed by the parole and probation officer; 4) participate in and complete a program of professional counseling; and 5) submit to randomized drug screens.
State law permits the Office of the Nevada Attorney General to submit up to 20 bills to the Legislature for consideration and approval. Over the last two Legislative Sessions, 16 bills from the Office of the Nevada Attorney General’s bill package were passed with bipartisan support and signed into law.