Nev. Admin. Code § 213.290 - Notification; report; hearing; request to modify conditions

Current through March 28, 2022

1. At least 120 days before the first day of the month in which a sex offender who has been sentenced to a special sentence of lifetime supervision is scheduled to be released from an institution or facility of the Department, the Department shall provide written notification to the Division of the date that the sex offender is scheduled to be released. If more than one such sex offender is scheduled to be released during the month, the Department shall provide notice for such sex offenders pursuant to this subsection in the form of a list that includes the name of each sex offender scheduled for release and the date on which each sex offender will be released.
2. At least 90 days before the first day of the month in which a sex offender who has been sentenced to a special sentence of lifetime supervision is scheduled to complete a term of parole or probation or is scheduled to be released from an institution or facility of the Department, the Division shall provide written notification to the Board of the date that the sex offender is scheduled to complete a term of parole or probation or to be released from an institution or facility of the Department. If more than one such sex offender is scheduled to complete a term of parole or probation or to be released from an institution or facility of the Department during the month, the Division shall provide notice for such sex offenders pursuant to this subsection in the form of a list that includes the name of each sex offender and the date on which each sex offender will complete his or her term or be released.
3. Upon receipt of written notification pursuant to subsection 2, the Board will schedule a hearing to establish the conditions of lifetime supervision for the sex offender. The Board will:
(a) Determine an appropriate location for the hearing that may include, without limitation, the institution or facility at which the sex offender is housed or an office of the Board; and
(b) Appoint a panel pursuant to NRS 213.133 to conduct the hearing.

The Board may establish the conditions of lifetime supervision for more than one sex offender at a hearing.

4. At least 30 days before the date on which a hearing is scheduled pursuant to subsection 3, the Division shall provide to the Board a report on the status of the sex offender who is the subject of the hearing. The report must include, without limitation:
(a) A summary of the progress of the sex offender while on parole or probation or in an institution or facility of the Department, as applicable; and
(b) Recommendations for conditions of lifetime supervision for the sex offender.
5. The Division may request the Board to modify the conditions of lifetime supervision of a sex offender. Upon receipt of such a request, the Board will schedule and hold a hearing in the same manner as provided in subsection 3. The Board may require the presence of the sex offender at the hearing.
6. As used in this section:
(a) "Board" means the State Board of Parole Commissioners.
(b) "Department" means the Department of Corrections.
(c) "Division" means the Division of Parole and Probation of the Department of Public Safety.
(d) "Sex offender" has the meaning ascribed to it in NRS NRS 213.107.

Notes

Nev. Admin. Code § 213.290
Added to NAC by Bd. of Parole Comm'rs by R183-99, eff. 3-3-2000

NRS 213.1243

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