Nevada Supreme Court Greenlights New Sex Offender Law

Beginning October 1, 2018, Nevada will implement the new NRS § 179D.490 statute (AB 597). Even though this law originally passed in 2007, it had been on hold in the Nevada Supreme Court for years. Just recently this had changed and the law is going into effect. Under this new law, as long as the terms of the registration and supervision are adequately met, the duration of required registration may be reduced. Additionally, “registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration.” This means that regardless of what jurisdiction registration was initially required, the duration requirement does not restart when an out of state sex offender moves into the state of Nevada.

Previously, The old law in Nevada determined the duration of sex offender registration based on a subjective determination. Termination was never automatic under that law. According to the current law, the duration of sex offender registration is structured in a tier system solely based upon the type of conviction an individual received. Tier 1 registrants are required to register for 15 years, Tier 2 for 25 years, and Tier 3 for life. Under the new law, certain sex offenders may be able to have the duration of required registration reduced.

What’s Changed for Nevada Sex Offenders?

Under the new law, the registration tiers will change. Tier 0 will go away completely, meaning if you are currently a Tier 0 registrant, you will be reclassified into Tier I, Tier II, or Tier III depending on your charge. Also, if you are a Tier I, II, or III currently, you may be placed in a lower or higher tier in October. This means that a tier classification will no longer consider the “dangerousness” or probability of reoffending of the offender. Instead, the registration tier will be based solely on the offense committed.

The Tiers Explained

A Tier I offender is an offender who has been convicted of a crime against a child or a sex offender other than a Tier II or Tier III offender.

A Tier II offender is an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than one year, or whose sexual offense, if committed against a child constitutes luring a child pursuant to NRS 201.560, abuse of a child pursuant to NRS 200.508, an offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(3). Tier II offenses also include those that involve an attempt or conspiracy to commit any of the above described offenses, offenses that are committed in other jurisdictions that would be considered a Tier II offense in Nevada, or if the offense is committed after the offender becomes a Tier I offender if any of the person’s sexual offenses are an offense punishable by imprisonment of more than one year.

A Tier III offender is an offender convicted of a crime against a child or a sex offender who has been convicted of murder in the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age, pursuant to NRS 200.030(1)(b), sexual assault pursuant to NRS 200.366, battery with intent to commit sexual assault pursuant to NRS 200.400(4), abuse of a child pursuant to NRS 200.366, if the abuse involved sexual abuse or sexual exploitation and if the victim of the offense was less than 13 years of age when the offense was committed, kidnapping pursuant to NRS 200.310 to 200.240 inclusive, if the victim of the offense was less than 18 years of age when the offense was committed (unless the offender was the guardian of the victim), any sexual offense or crime against a child after the offender becomes a Tier II offender, any other ofense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(4), an attempt or conspiracy to commit an offense describe above, or any offense committed in another jurisdiction that if committed in Nevada, would be listed as a Tier III offense.

The new statute will require that the full registration periods are fifteen years for a Tier I offender, 25 years for a Tier II offender, and the life of the offender for Tier III offenders.

The new statute also changes how often you may need to register. Tier I offenders will need to register annually. Tier II offenders will need to register every 180 days. Tier III offenders will need to register every 90 days. The appropriate local law enforcement agency will collect a current set of fingerprints and palm prints, a current photograph, as well as any other information that is relevant to updating the record of registration.

Will my registration be reduced?

In order to qualify for having your required registration period reduced and/or terminated you must meet the following requirements:

• Comply with the provisions of the registration for at least 10 years if you are a Tier I offender
• Comply with the provisions of the registration for at least 25 years if you are a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender
• No convictions of any offenses for which imprisonment for more than one year may be imposed
• No subsequent convictions of any sexual offense
• Successfully completed any periods of supervised release, probation or parole
• Successfully completed a sex offender treatment program certified by the State or by the Attorney General of the United States

If you meet all of these requirements, you may file a petition to reduce the period of time you have a duty to register. If you are a Tier I offender and the court finds that you satisfy all of the above requirements, the court will reduce the period of time during which you must register by 5 years. If you are a Tier III offender and the court finds that you satisfy all of the above requirements, the court will reduce the period of time during which you must register from life to that period of time for which you meet these requirements. You can learn more about the court process on our service page. http://www.recordgone.com/nevada-expungement/sex-registration-termination/

What should you do in the meantime?

Until this change goes into effect, you should continue to register as normal. The Nevada Department of Public Safety will notify you by mail if your registration tier has changed. DPS will also contact you if your registration is terminated automatically.

Once your tier changes, if you are eligible for termination, you can obtain a “Certification of Records” that will show if you have registered long enough, which then allows you to apply for termination of your registration. You can obtain the Certification of Records by contacting Nevada DPS.

If you have any questions about your status, we can assist you by completing a Sex Offense Analysis. You can reach us at (877) 573-7273 to begin the Sex Offense Analysis service. This service allows us to look into your record and see if you can benefit from the change of the law in Nevada.