NRS 176.0931 Special sentence for sex offenders; petition for release from lifetime supervision.

580 words·~3 min read·/nv/chapter-176-judgment-and-execution/176-0931

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.

2. The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.

3. A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:

(a)The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550 , inclusive;

(b)The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later; and

(c)The person is not likely to pose a threat to the safety of others, as determined by a licensed, clinical professional who has received training in the treatment of sexual offenders, if released from lifetime supervision.

4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550 , inclusive.

5. As used in this section:

(a)“Offense that poses a threat to the safety or well-being of others” includes, without limitation:

(1)An offense that involves:

(I)A victim less than 18 years of age;

(II)A crime against a child as defined in NRS 179D.0357 ;

(III)A sexual offense as defined in NRS 179D.097 ;

(IV)A deadly weapon, explosives or a firearm;

(V)The use or threatened use of force or violence;

(VI)Physical or mental abuse;

(VII)Death or bodily injury;

(VIII)An act of domestic violence;

(IX)Harassment, stalking, threats of any kind or other similar acts;

(X)The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or

(XI)The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.

(2)Any offense listed in subparagraph

(1)that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:

(I)A tribal court.

(II)A court of the United States or the Armed Forces of the United States.

(b)“Sexual offense” means:

(1)A violation of NRS 200.366 , subsection 4 of NRS 200.400 , NRS 200.710 , 200.720 , paragraph

(b)of subsection 2 of NRS 200.730 , paragraph

(a)of subsection 1 of NRS 200.975 , NRS 201.180 , 201.230 , 201.450 , 201.540 or 201.550 or paragraph

(a)or

(b)of subsection 4 or paragraph

(a)or

(b)of subsection 5 of NRS 201.560 ;

(2)An attempt to commit an offense listed in subparagraph (1); or

(3)An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547 .

Miscellaneous Provisions