Attorney General Laxalt Applauds Senate Minority Leader Roberson’s Emergency Measure to Make Nevada Communities Safer

May 26, 2017

Carson City, NV – Today, Nevada Attorney General Adam Paul Laxalt applauded Senate Minority Leader Michael Roberson for introducing an emergency measure in the State Senate to help protect our communities from sex offenders. The measure draws from Assembly Bill (AB) 59 introduced by the Office of the Nevada Attorney General to help keep our communities safe by restoring the authority of the State Board of Parole Commissioners and the Division of Parole and Probation to impose and enforce conditions upon sex offenders under lifetime supervision. Breaking from a longstanding tradition of hearing and passing bills presented by the attorney general and law enforcement, AB 59 was not given a hearing this session despite widespread support from district attorneys and law enforcement officials across the State:

“I applaud Senate Minority Leader Michael Roberson for his attempt to take emergency action on an important public safety matter affecting Nevada’s communities,” said Attorney General Adam Laxalt. “With widespread statewide support from district attorneys and law enforcement, it is my hope that legislators will put politics aside to carefully consider the lasting impact this measure will have on supervising dangerous members of our communities and keeping our most vulnerable safe from sexual predators.”

Chris Hicks, the Washoe County District Attorney and President of the Nevada District Attorneys Association added, “Consideration and passage of Assembly Bill 59 is critical to ensuring the safety of all Nevadans. In order to effectively supervise sex offenders, law enforcement must be able to impose conditions of supervision necessary to ensure that our communities are protected and the risk of recidivism is reduced.”

The purpose behind imposing conditions upon sex offenders under lifetime supervision is that certain sex offenders are so inherently dangerous that, after their prison and subsequent parole sentences have expired, additional oversight by law enforcement remains necessary to protect the community. Like AB 59, if passed into law, Senator Roberson’s emergency bill would restore law enforcement’s ability to monitor serious sex offenders who have already been convicted and sentenced for assault, producing child pornography, incest, lewdness with a minor, and even murder or kidnapping, if they are found to be sexually motivated.

In the past, these conditions included consenting to a home search without a warrant, obtaining prior approval before accepting employment or volunteer work that might bring them into contact with children, abiding by a curfew, submitting to drug tests, not using alcohol, not being alone with minors or around parks and school were minors frequent, and not viewing pornography or frequenting strip clubs. These conditions were imposed on a case-by-case basis by the Parole Board and enforced by the Division of Parole and Probation depending upon the particular sex offender and what factors might lead him or her to reoffend.

In the July 2016, McNeill v. State case, the Nevada Supreme Court held that the Parole Board does not have the authority to impose these types of conditions on sex offenders because they are not specifically set forth in State statute. After consulting with district attorney’s offices across the State, the Office of the Nevada Attorney General drafted AB 59.

For more information on AB 59 or to read the bill in its entirety, click here.