AB6 - Revises provisions governing the conditions for lifetime supervision of sex offenders. (BDR 16-159)

A.B. 6 - *AB6* ASSEMBLY BILL NO. 6–COMMITTEE ON JUDICIARY (ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION OF THE DEPARTMENT OF PUBLIC SAFETY) PREFILED OCTOBER 28, 2026 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the conditions for lifetime supervision of sex offenders. (BDR 16-159) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: No. Effect on the State Highway Fund: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to sex offenders; revising provisions governing the conditions of lifetime supervision applicable to sex offenders whose supervision is transferred to another state pursuant to the Interstate Compact for Adult Offender Supervision; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law ratifies the Interstate Compact for Adult Offender Supervision, 1 which: (1) provides the framework for the control and regulation of interstate 2 movement of certain criminal offenders; (2) creates an Interstate Commission for 3 Adult Offender Supervision to adopt rules governing the Interstate Compact; and 4 (3) provides that those rules have the force and effect of statutory law in 5 compacting states. (NRS 213.215) Existing law also requires the State Board of 6 Parole Commissioners to impose certain conditions on sex offenders placed under a 7 program of lifetime supervision. (NRS 213.1243) In McNeill v. State, 132 Nev. 551 8 (2016), the Nevada Supreme Court held that the Board does not have the authority 9 to impose conditions of lifetime supervision that are not among the conditions 10 prescribed by the applicable statute. (NRS 213.1243) 11 Section 1 of this bill requires the Board to impose, as a condition of lifetime 12 supervision, requirements that apply if a sex offender is transferred to another state 13 pursuant to the Interstate Compact. Under those requirements, the sex offender 14 must: (1) refrain from behavior that requires retaking as defined by the rules 15 adopted by the Interstate Commission; and (2) comply with any additional 16 – 2 – - *AB6* conditions required by those rules. Section 1 also makes it a gross misdemeanor for 17 a sex offender whose supervision has been transferred pursuant to the Interstate 18 Compact to engage in behavior requiring retaking, as defined by the rules adopted 19 by the Interstate Commission. Section 2 of this bill applies the condition of lifetime 20 supervision required by section 1 to sex offenders who are placed under a program 21 of lifetime supervision before, on or after October 1, 2027. 22 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 213.1243 is hereby amended to read as 1 follows: 2 213.1243 1. The Board shall establish by regulation a 3 program of lifetime supervision of sex offenders to commence after 4 any period of probation or any term of imprisonment and any period 5 of release on parole. The program must provide for the lifetime 6 supervision of sex offenders by parole and probation officers. 7 2. Lifetime supervision shall be deemed a form of parole for: 8 (a) The limited purposes of the applicability of the provisions of 9 NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and 10 subsection 2 of NRS 213.110; and 11 (b) The purposes of the Interstate Compact for Adult Offender 12 Supervision ratified, enacted and entered into by the State of Nevada 13 pursuant to NRS 213.215. 14 3. Except as otherwise provided in subsection [9,] 10, the 15 Board shall require as a condition of lifetime supervision that the 16 sex offender reside at a location only if: 17 (a) The residence has been approved by the parole and probation 18 officer assigned to the person. 19 (b) If the residence is a facility that houses more than three 20 persons who have been released from prison, the facility is a facility 21 for transitional living for released offenders that is licensed pursuant 22 to chapter 449 of NRS. 23 (c) The person keeps the parole and probation officer informed 24 of his or her current address. 25 4. Except as otherwise provided in subsection [9,] 10, the 26 Board shall require as a condition of lifetime supervision that the 27 sex offender, unless approved by the parole and probation officer 28 assigned to the sex offender and by a psychiatrist, psychologist or 29 counselor treating the sex offender, if any, not knowingly be within 30 500 feet of any place, or if the place is a structure, within 500 feet of 31 the actual structure, that is designed primarily for use by or for 32 children, including, without limitation, a public or private school, a 33 school bus stop, a center or facility that provides day care services, a 34 video arcade, an amusement park, a playground, a park, an athletic 35 – 3 – - *AB6* field or a facility for youth sports, or a motion picture theater. The 1 provisions of this subsection apply only to a sex offender who is a 2 Tier 3 offender. 3 5. Except as otherwise provided in subsection [9,] 10, if a sex 4 offender is convicted of a sexual offense listed in subsection 6 of 5 NRS 213.1255 against a child under the age of 14 years, the sex 6 offender is a Tier 3 offender and the sex offender is sentenced to 7 lifetime supervision, the Board shall require as a condition of 8 lifetime supervision that the sex offender: 9 (a) Reside at a location only if the residence is not located 10 within 1,000 feet of any place, or if the place is a structure, within 11 1,000 feet of the actual structure, that is designed primarily for use 12 by or for children, including, without limitation, a public or private 13 school, a school bus stop, a center or facility that provides day care 14 services, a video arcade, an amusement park, a playground, a park, 15 an athletic field or a facility for youth sports, or a motion picture 16 theater. 17 (b) As deemed appropriate by the Chief, be placed under a 18 system of active electronic monitoring that is capable of identifying 19 his or her location and producing, upon request, reports or records 20 of his or her presence near or within a crime scene or prohibited area 21 or his or her departure from a specified geographic location. 22 (c) Pay any costs associated with his or her participation under 23 the system of active electronic monitoring, to the extent of his or her 24 ability to pay. 25 6. A sex offender placed under the system of active electronic 26 monitoring pursuant to subsection 5 shall: 27 (a) Follow the instructions provided by the Division to maintain 28 the electronic monitoring device in working order. 29 (b) Report any incidental damage or defacement of the 30 electronic monitoring device to the Division within 2 hours after the 31 occurrence of the damage or defacement. 32 (c) Abide by any other conditions set forth by the Division with 33 regard to his or her participation under the system of active 34 electronic monitoring. 35 7. Except as otherwise provided in this subsection, a person 36 who intentionally removes or disables or attempts to remove or 37 disable an electronic monitoring device placed on a sex offender 38 pursuant to this section is guilty of a gross misdemeanor. The 39 provisions of this subsection do not prohibit a person authorized by 40 the Division from performing maintenance or repairs to an 41 electronic monitoring device. 42 8. A sex offender whose supervision is transferred pursuant 43 to the Interstate Compact for Adult Offender Supervision and who 44 engages in behavior requiring retaking, as defined by the rules 45 – 4 – - *AB6* adopted by the Interstate Commission, is guilty of a gross 1 misdemeanor. 2 9. Except as otherwise provided in [subsection] subsections 7 3 [,] and 8, a sex offender who commits a violation of a condition 4 imposed on him or her pursuant to the program of lifetime 5 supervision is guilty of a category B felony and shall be punished by 6 imprisonment in the state prison for a minimum term of not less 7 than 1 year and a maximum term of not more than 6 years, and may 8 be further punished by a fine of not more than $5,000. 9 [9.] 10. The Board is not required to impose a condition 10 pursuant to the program of lifetime supervision listed in subsections 11 3, 4 and 5 if the Board finds that extraordinary circumstances are 12 present and the Board states those extraordinary circumstances in 13 writing. 14 [10.] 11. The Board shall require as a condition of lifetime 15 supervision that the sex offender not have contact or communicate 16 with a victim of the sexual offense or a witness who testified against 17 the sex offender or solicit another person to engage in such contact 18 or communication on behalf of the sex offender, unless approved by 19 the Chief or his or her designee and a written agreement is entered 20 into and signed. 21 [11.] 12. The Board shall require as a condition of lifetime 22 supervision, in addition to any other condition imposed pursuant to 23 this section, that the sex offender: 24 (a) Participate in and complete a program of professional 25 counseling approved by the Division, unless, before commencing a 26 program of lifetime supervision, the sex offender previously 27 completed a program of professional counseling recommended or 28 ordered by the Board or the court upon conviction of the sexual 29 offense for which the sex offender will be placed under a program 30 of lifetime supervision. 31 (b) Not use aliases or fictitious names. 32 (c) Not possess any sexually explicit material that is harmful to 33 minors as defined in NRS 201.257. 34 (d) Not enter, visit or patronize an establishment which offers a 35 sexually related form of entertainment as its primary business. 36 (e) Inform the parole and probation officer assigned to the sex 37 offender of any post office box used by the sex offender. 38 [12.] 13. If the sex offender is convicted of a sexual offense 39 involving the use of the Internet, the Board shall require, in addition 40 to any other condition imposed pursuant to this section, that the sex 41 offender not possess any electronic device capable of accessing the 42 Internet and not access the Internet through any such device or any 43 other means, unless the sex offender installs a device or subscribes 44 to a service which enables the parole and probation officer assigned 45 – 5 – - *AB6* to the sex offender to regulate the sex offender’s use of the Internet. 1 The provisions of this subsection do not apply to a device used by a 2 sex offender within the course and scope of his or her employment. 3 [13.] 14. If the sex offender is convicted of a sexual offense 4 involving the use of alcohol, cannabis or a controlled substance, the 5 Board shall require, in addition to any other condition imposed 6 pursuant to this section, that the sex offender participate in and 7 complete a program of counseling pertaining to substance use 8 disorders approved by the Division, unless, before commencing a 9 program of lifetime supervision, the sex offender previously 10 completed a program of counseling pertaining to substance use 11 disorders recommended or ordered by the Board or the court upon 12 conviction of the sexual offense for which the sex offender will be 13 placed under a program of lifetime supervision. 14 [14.] 15. If a court issues a warrant for arrest for a violation of 15 this section, the court shall cause to be transmitted, in the manner 16 prescribed by the Central Repository for Nevada Records of 17 Criminal History, notice of the issuance of the warrant for arrest in a 18 manner which ensures that such notice is received by the Central 19 Repository within 3 business days. 20 [15.] 16. For the purposes of prosecution of a violation by a sex 21 offender of a condition imposed upon him or her pursuant to the 22 program of lifetime supervision: 23 (a) In which the violation occurred outside this State, the 24 violation shall be deemed to have occurred in, and may only be 25 prosecuted in, the county in which the court that imposed the 26 sentence of lifetime supervision pursuant to NRS 176.0931 is 27 located, regardless of whether the acts or conduct constituting the 28 violation took place, in whole or in part, outside that county or 29 outside this State; or 30 (b) In which the violation occurred within this State, the 31 violation shall be deemed to have occurred in, and may only be 32 prosecuted in, the county in which the violation occurred. 33 [16.] 17. The Board shall require, as a condition of lifetime 34 supervision, that if the sex offender is transferred to the 35 supervision of another state pursuant to the Interstate Compact 36 for Adult Offender Supervision, the sex offender must: 37 (a) Refrain from engaging in behavior requiring retaking as 38 defined by the rules adopted by the Interstate Commission; and 39 (b) Comply with any additional conditions required by the 40 rules adopted by the Interstate Commission. 41 18. As used in this section, “sex offender” means any person 42 who has been convicted of a sexual offense as defined in paragraph 43 (b) of subsection 5 of NRS 176.0931. 44 – 6 – - *AB6* Sec. 2. The amendatory provisions of section 1 of this act that 1 prescribe a condition of lifetime supervision apply to a person who 2 is placed under a program of lifetime supervision before, on or after 3 October 1, 2027. For a person who is placed under a program of 4 lifetime supervision before October 1, 2027, the condition 5 prescribed by section 1 of this act applies on October 1, 2027, 6 without further action by the State Board of Parole Commissioners. 7 H