Revises provisions relating to probation and lifetime supervision. (BDR 14-246)

A.B. 4

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ASSEMBLY BILL NO. 4–COMMITTEE ON JUDICIARY

(ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION
OF THE DEPARTMENT OF PUBLIC SAFETY)

PREFILED OCTOBER 8, 2024
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to probation and lifetime
supervision. (BDR 14-246)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to offenders; authorizing the Division of Parole
and Probation of the Department of Public Safety to
petition the sentencing court or the State Board of Parole
Commissioners for the release of a person sentenced to
lifetime supervision; authorizing the sentencing court or
Board to grant such a petition under certain
circumstances; clarifying provisions relating to certain
allowable deductions from the period of probation of
certain offenders; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law requires a court to include a special sentence of lifetime 1
supervision for any person convicted of certain sexual offenses. E xisting law also: 2
(1) authorizes a person sentenced to lifetime supervision to petition the sentencing 3
court or the State Board of Parole Commissioners for release from lifetime 4
supervision; and (2) requires the sentencing court or Board to grant the petit ion for 5
release if, among other requirements, the person has not been convicted of an 6
offense that poses a threat to the safety or well -being of others for at least 10 7
consecutive years after the person’s last conviction or release from incarceration, 8
whichever occurs later. (NRS 176.0931) Section 1 of this bill similarly authorizes 9
the Division of Parole and Probation of the Department of Public Safety to pe tition 10
the sentencing court or the State Board of Parole Commissioners for the release of a 11
person sentenced to lifetime supervision. Section 1 also authorizes the sentencing 12
court or Board to grant such a petition if the person who is the subject of the 13
petition has not been convicted of an offense that poses a threat to the safety or 14

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well-being of others for at least 20 consecutive years after the person’s last 15
conviction or release from incarceration, whichever occurs later. Section 3 of this 16
bill makes a conforming change to refer to a provision that has been renumbered in 17
section 1. 18
Existing law authorizes a court to place an offender on probation for a fixed 19
period or an indeterminate period. Under existing law, an offender sentenced to 20
serve a period of probation for a felony or gross misdemeanor must be allowed 21
certain deductions from the period of probation for each month the offender serves 22
and is: (1) current with certain fees and any payment of restitution ordered by the 23
court; or (2) actively involved in employment or enr olled in certain programs. 24
(NRS 176A.500) Section 2 of this bill clarifies that an offender sentenced to serve a 25
period of probation for a felony or gross mi sdemeanor must be allowed such 26
deductions regardless of whether the period of probation of the offender is 27
indeterminate or fixed by the court. 28
Section 4 of this bill provides that the amendatory provisions of: (1) section 1 29
apply to a person who is sentenced to lifetime supervision before, on or after 30
October 1, 2025; and (2) section 2 apply to a person who is sentenced to serve a 31
period of probation before, on or after October 1, 2025. 32

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 176.0931 is hereby amended to read as 1
follows: 2
176.0931 1. If a defendant is convicted of a sexual offense, 3
the court shall include in sentencing, in addition to any other 4
penalties provided by law, a special sentence of lifetime supervision. 5
2. The special sentence of lifetime supervision commences 6
after any period of probation or any term of imprisonment and any 7
period of release on parole. 8
3. A person sentenced to lifetime supervision may petition the 9
sentencing court or the State Board of Parole Commissioners for 10
release from lifetime supervision. The sentencing court or the Board 11
shall grant a petition for release from a special sentence of lifetime 12
supervision if: 13
(a) The person has complied with the requirements of the 14
provisions of NRS 179D.010 to 179D.550, inclusive; 15
(b) The person has not been convicted of an offense that poses a 16
threat to the safety or well -being of others for an interval of at least 17
10 consecutive years after the person’s last conviction or release 18
from incarceration, whichever occurs later; and 19
(c) The person is not likely to pose a threat to the safety of 20
others, as determined by a licensed, clinical professional who has 21
received training in the treatment of sexual offenders, if released 22
from lifetime supervision. 23
4. The Division may petition the sentencing court or the State 24
Board of Parole Commissioners for the release of a person 25

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sentenced to lifetime supervision. The sentencing court or the 1
Board may grant a petition for release from a special sentence of 2
lifetime supervision if the person who is the subject of the petition 3
has not been convicted of an offense that poses a threat to the 4
safety or well-being of others for at least 20 consecutive years after 5
the person’s last conviction or release from incarceration, 6
whichever occurs later. 7
5. A person who is released from lifetime supervision pursuant 8
to the provisions of [subsection 3 ] this section remains subject to 9
the provisions for registration as a sex offender and to the provisions 10
for community notification, unless the per son is otherwise relieved 11
from the operation of those provisions pursuant to the provisions of 12
NRS 179D.010 to 179D.550, inclusive. 13
[5.] 6. As used in this section: 14
(a) “Offense that poses a threat to the safety or well -being of 15
others” includes, without limitation: 16
(1) An offense that involves: 17
(I) A victim less than 18 years of age; 18
(II) A crime against a child as defined in 19
NRS 179D.0357; 20
(III) A sexual offense as defined in NRS 179D.097; 21
(IV) A deadly weapon, explosives or a firearm; 22
(V) The use or threatened use of force or violence; 23
(VI) Physical or mental abuse; 24
(VII) Death or bodily injury; 25
(VIII) An act of domestic violence; 26
(IX) Harassment, stalking, threats of any kind or other 27
similar acts; 28
(X) The forcible or unlawful entry of a home, building, 29
structure, vehicle or other real or personal property; or 30
(XI) The infliction or threatened infliction of damage or 31
injury, in whole or in part, to real or personal property. 32
(2) Any offense listed in subparagraph ( 1) that is committed 33
in this State or another jurisdiction, including, without limitation, an 34
offense prosecuted in: 35
(I) A tribal court. 36
(II) A court of the United States or the Armed Forces of 37
the United States. 38
(b) “Sexual offense” means: 39
(1) A violation of NRS 200.366, subsection 4 of NRS 40
200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, 41
paragraph (a) of subsection 1 of NRS 200.975, NRS 201.180, 42
201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of 43
subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560; 44

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(2) An attempt to commit an offense listed in subparagraph 1
(1); or 2
(3) An act of murder in the first or second degree, 3
kidnapping in the first or second degree, false imprisonment, 4
burglary or invasion of the h ome if the act is determined to be 5
sexually motivated at a hearing conducted pursuant to NRS 175.547. 6
Sec. 2. NRS 176A.500 is hereby amended to read as follows: 7
176A.500 1. Except as otherwise provided in subsection 2, 8
the period of probation or suspension of sentence may be 9
indeterminate or may be fixed by the court and may at any time be 10
extended or terminated by the court, but the period, including any 11
extensions thereof, must not be more than: 12
(a) Twelve months for a: 13
(1) Gross misdemeanor; or 14
(2) Suspension of sentence pursuant to NRS 176A.240, 15
176A.260, 176A.290 or 453.3363; 16
(b) Eighteen months for a category E felony; 17
(c) Twenty-four months for a category C or D felony; 18
(d) Thirty-six months for a category B felony; or 19
(e) Notwithstanding the provisions of paragraphs (a) to (d), 20
inclusive, 60 months for a violent or sexual offense as defined in 21
NRS 202.876, a violation of NRS 200.508 or a violation of NRS 22
574.100 that is punishable pursuant to subsection 6 of that section. 23
2. The court may extend the period of probation or suspension 24
of sentence ordered pursuant to subsection 1 for a period of not 25
more than 12 months if such an extension is necessary for the 26
defendant to complete his or her participation in a specialty court 27
program. 28
3. At any time during probation or suspension of sentence, the 29
court may issue a warrant for violating any of the conditions of 30
probation or suspension of sentence and cause the defendant to be 31
arrested. Except for the purpo se of giving a dishonorable discharge 32
from probation, and except as otherwise provided in this subsection, 33
the time during which a warrant for violating any of the conditions 34
of probation is in effect is not part of the period of probation. If the 35
warrant is cancelled or probation is reinstated, the court may include 36
any amount of that time as part of the period of probation. 37
4. Any parole and probation officer or any peace officer with 38
power to arrest may arrest a probationer without a warrant, or may 39
deputize any other officer with power to arrest to do so by giving the 40
probationer a written statement setting forth that the probationer has, 41
in the judgment of the parole and probation officer, violated the 42
conditions of probation. Except as otherwise prov ided in subsection 43
5, the parole and probation officer or the peace officer, after making 44
an arrest, shall present to the detaining authorities, if any, a 45

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statement of the charges against the probationer. The parole and 1
probation officer shall at once noti fy the court which granted 2
probation of the arrest and detention or residential confinement of 3
the probationer and shall submit a report in writing showing in what 4
manner the probationer has violated the conditions of probation. 5
5. A parole and probation officer or a peace officer may 6
immediately release from custody without any further proceedings 7
any person the officer arrests without a warrant for violating a 8
condition of probation if the parole and probation officer or peace 9
officer determines that there is no probable cause to believe that the 10
person violated the condition of probation. 11
6. [A] Regardless of whether the period of probation ordered 12
pursuant to subsection 1 is indeterminate or fixed by the court, a 13
person who is sentenced to serve a pe riod of probation for a felony 14
or a gross misdemeanor must be allowed for the period of the 15
probation a deduction of: 16
(a) Ten days from that period for each month the person serves 17
and is current with any fee to defray the costs of his or her 18
supervision charged by the Division of Parole and Probation of the 19
Department of Public Safety pursuant to NRS 213.1076 and with 20
any payment of restitution ordered by the court, including, without 21
limitation, any payment of restitution required pursuant to NRS 22
176A.430. A person shall be deemed to be current with any such fee 23
and payment of restitution for any given month if, during that 24
month, the person makes at least the minimum monthly payment 25
established by the court or, if the court does not establish a 26
minimum monthly payment, by the Division. 27
(b) Except as otherwise provided in subsection 8, 10 days from 28
that period for each month the person serves and is actively involved 29
in employment or enrolled in a program of education, rehabilitation 30
or any other program approved by the Division. 31
7. A person must be allowed a deduction pursuant to paragraph 32
(a) or (b) of subsection 6 regardless of whether the person has 33
satisfied the requirements of the other paragraph and must be 34
allowed a deduction pursuant to paragraphs (a) and (b) of subsection 35
6 if the person has satisfied the requirements of both paragraphs of 36
that subsection. 37
8. A person who is sentenced to serve a period of probation for 38
a felony or a gross misdemeanor and who is a participant in a 39
specialty cou rt program must be allowed a deduction from the 40
period of probation for being actively involved in employment or 41
enrolled in a program of education, rehabilitation or any other 42
program approved by the Division only if the person successfully 43
completes the specialty court program. Such a deduction must not 44

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exceed the length of time remaining on the person’s period of 1
probation. 2
Sec. 3. NRS 213.1243 is hereby amended to read as follows: 3
213.1243 1. The Board shall establish by regulation a 4
program of lifetime supervision of sex offenders to commence after 5
any period of probation or any term of imprisonment and any period 6
of release on parole. The program must provide for the lifetime 7
supervision of sex offenders by parole and probation officers. 8
2. Lifetime supervision shall be deemed a form of parole for: 9
(a) The limited purposes of the applicability of the provisions of 10
NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and 11
subsection 2 of NRS 213.110; and 12
(b) The purposes of the Interstate Compact for Adult Offender 13
Supervision ratified, enacted and entered into by the State of Nevada 14
pursuant to NRS 213.215. 15
3. Except as otherwise provided in subsection 9, the Board 16
shall require as a condition of lifetime supe rvision that the sex 17
offender reside at a location only if: 18
(a) The residence has been approved by the parole and probation 19
officer assigned to the person. 20
(b) If the residence is a facility that houses more than three 21
persons who have been released from prison, the facility is a facility 22
for transitional living for released offenders that is licensed pursuant 23
to chapter 449 of NRS. 24
(c) The person keeps the parole and probation officer informed 25
of his or her current address. 26
4. Except as otherwise prov ided in subsection 9, the Board 27
shall require as a condition of lifetime supervision that the sex 28
offender, unless approved by the parole and probation officer 29
assigned to the sex offender and by a psychiatrist, psychologist or 30
counselor treating the sex o ffender, if any, not knowingly be within 31
500 feet of any place, or if the place is a structure, within 500 feet of 32
the actual structure, that is designed primarily for use by or for 33
children, including, without limitation, a public or private school, a 34
school bus stop, a center or facility that provides day care services, a 35
video arcade, an amusement park, a playground, a park, an athletic 36
field or a facility for youth sports, or a motion picture theater. The 37
provisions of this subsection apply only to a se x offender who is a 38
Tier 3 offender. 39
5. Except as otherwise provided in subsection 9, if a sex 40
offender is convicted of a sexual offense listed in subsection 6 of 41
NRS 213.1255 against a child under the age of 14 years, the sex 42
offender is a Tier 3 offend er and the sex offender is sentenced to 43
lifetime supervision, the Board shall require as a condition of 44
lifetime supervision that the sex offender: 45

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(a) Reside at a location only if the residence is not located 1
within 1,000 feet of any place, or if the pla ce is a structure, within 2
1,000 feet of the actual structure, that is designed primarily for use 3
by or for children, including, without limitation, a public or private 4
school, a school bus stop, a center or facility that provides day care 5
services, a video arcade, an amusement park, a playground, a park, 6
an athletic field or a facility for youth sports, or a motion picture 7
theater. 8
(b) As deemed appropriate by the Chief, be placed under a 9
system of active electronic monitoring that is capable of identifying 10
his or her location and producing, upon request, reports or records of 11
his or her presence near or within a crime scene or prohi bited area 12
or his or her departure from a specified geographic location. 13
(c) Pay any costs associated with his or her participation under 14
the system of active electronic monitoring, to the extent of his or her 15
ability to pay. 16
6. A sex offender placed under the system of active electronic 17
monitoring pursuant to subsection 5 shall: 18
(a) Follow the instructions provided by the Division to maintain 19
the electronic monitoring device in working order. 20
(b) Report any incidental damage or defacement of the 21
electronic monitoring device to the Division within 2 hours after the 22
occurrence of the damage or defacement. 23
(c) Abide by any other conditions set forth by the Division with 24
regard to his or her participation under the system of active 25
electronic monitoring. 26
7. Except as otherwise provided in this subsection, a person 27
who intentionally removes or disables or attempts to remove or 28
disable an electronic monitoring device placed on a sex offender 29
pursuant to this section is guilty of a gross misdemeanor. The 30
provisions of this subsection do not prohibit a person authorized by 31
the Division from performing maintenance or repairs to an 32
electronic monitoring device. 33
8. Except as otherwise provided in subsection 7, a sex offender 34
who commits a violation of a cond ition imposed on him or her 35
pursuant to the program of lifetime supervision is guilty of a 36
category B felony and shall be punished by imprisonment in the 37
state prison for a minimum term of not less than 1 year and a 38
maximum term of not more than 6 years, a nd may be further 39
punished by a fine of not more than $5,000. 40
9. The Board is not required to impose a condition pursuant to 41
the program of lifetime supervision listed in subsections 3, 4 and 5 42
if the Board finds that extraordinary circumstances are pres ent and 43
the Board states those extraordinary circumstances in writing. 44

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10. The Board shall require as a condition of lifetime 1
supervision that the sex offender not have contact or communicate 2
with a victim of the sexual offense or a witness who testified against 3
the sex offender or solicit another person to engage in such contact 4
or communication on behalf of the sex offender, unless approved by 5
the Chief or his or her designee and a written agreement is entered 6
into and signed. 7
11. The Board shall requ ire as a condition of lifetime 8
supervision, in addition to any other condition imposed pursuant to 9
this section, that the sex offender: 10
(a) Participate in and complete a program of professional 11
counseling approved by the Division, unless, before commencin g a 12
program of lifetime supervision, the sex offender previously 13
completed a program of professional counseling recommended or 14
ordered by the Board or the court upon conviction of the sexual 15
offense for which the sex offender will be placed under a program 16
of lifetime supervision. 17
(b) Not use aliases or fictitious names. 18
(c) Not possess any sexually explicit material that is harmful to 19
minors as defined in NRS 201.257. 20
(d) Not enter, visit or patronize an establishment which offers a 21
sexually related form of entertainment as its primary business. 22
(e) Inform the parole and probation officer assigned to the sex 23
offender of any post office box used by the sex offender. 24
12. If the sex offender is convicted of a sexual offense 25
involving the use of the Internet, the Board shall require, in addition 26
to any other condition imposed pursuant to this section, that the sex 27
offender not possess any electronic device capable of accessing the 28
Internet and not access the Internet through any such device or any 29
other means, unless the sex offender installs a device or subscribes 30
to a service which enables the parole and probation officer assigned 31
to the sex offender to regulate the sex offender’s use of the Internet. 32
The provisions of this subsection do not apply to a d evice used by a 33
sex offender within the course and scope of his or her employment. 34
13. If the sex offender is convicted of a sexual offense 35
involving the use of alcohol, cannabis or a controlled substance, the 36
Board shall require, in addition to any othe r condition imposed 37
pursuant to this section, that the sex offender participate in and 38
complete a program of counseling pertaining to substance use 39
disorders approved by the Division, unless, before commencing a 40
program of lifetime supervision, the sex off ender previously 41
completed a program of counseling pertaining to substance use 42
disorders recommended or ordered by the Board or the court upon 43
conviction of the sexual offense for which the sex offender will be 44
placed under a program of lifetime supervision. 45

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14. If a court issues a warrant for arrest for a violation of this 1
section, the court shall cause to be transmitted, in the manner 2
prescribed by the Central Repository for Nevada Records of 3
Criminal History, notice of the issuance of the warrant for arrest in a 4
manner which ensures that such notice is received by the Central 5
Repository within 3 business days. 6
15. For the purposes of prosecution of a violation by a sex 7
offender of a condition imposed upon him or her pursuant to the 8
program of lifetime supervision: 9
(a) In which the violation occurred outside this State, the 10
violation shall be deemed to have occurred in, and may only be 11
prosecuted in, the county in which the court that imposed the 12
sentence of lifetime supervision pursuant to NRS 176.093 1 is 13
located, regardless of whether the acts or conduct constituting the 14
violation took place, in whole or in part, outside that county or 15
outside this State; or 16
(b) In which the violation occurred within this State, the 17
violation shall be deemed to have occurred in, and may only be 18
prosecuted in, the county in which the violation occurred. 19
16. As used in this section, “sex offender” means any person 20
who has been convicted of a sexual offense as defined in paragraph 21
(b) of subsection [5] 6 of NRS 176.0931. 22
Sec. 4. The amendatory provisions of: 23
1. Section 1 of this act apply to a person who is sentenced to a 24
program of lifetime supervision before, on or after October 1, 2025. 25
2. Section 2 of this act apply to a person who is sentenced to 26
serve a period of probation before, on or after October 1, 2025. 27

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