New Law Gives Nevada Sex Offenders More Rights

Under current Nevada law (i.e., up until June 30, 2008), all sex offender must register under Nevada’s Sex Offenders Registry for as long as they live, work, or go to school in Nevada; in other words, registration is (by default) for life under the current law. Nonetheless, the current law still allows a sex offender who has complied with registration requirements for a period of at least 15 consecutive years (during which he was not convicted of an offense that “poses a threat to the safety or well-being of others”) to petition a court to terminate his duty to register.

However, starting on July 01, 2008, the law in Nevada (namely, NRS 179D.490) will change, reducing the time that certain sex offenders must register (as well as non-sex offenders who have to register because they were convicted of committing a crime against a child). The time that an offender must register under the new law will depend on whether he is a Tier 1, Tier II, or Tier II offender. If he is a Tier I offender, he must register for only 15 years maximum (as opposed to life); if a Tier II offender, he must register for 25 years; however, if he is a Tier III offender, he must continue to register for life (as long as he lives, works, or goes to school in Nevada).

Furthermore, the new law will allow a Tier I offender to petition a court to terminate his duty to register prematurely. A Tier I offender may petition if he has registered for a period of at least 10 consecutive years, during which he was not convicted of a felony or a sexual offense; to qualify, he must also have completed any periods of supervised release, probation, or parole, in addition to an approved sex offender treatment program. If the court grants the petition, it will knock 5 years off of the maximum period that the Tier I offender must register (i.e., from 15 years down to 10 years).

The above reduction option is also available to offenders who were classified as Tier III by a juvenile court. The requirements to qualify are the same as those for Tier I offenders, except that instead of 10 years, the TIER III juvenile delinquent must have registered for at least 25 years before he can petition for a reduction. If you have any specific questions about the new or current law (such as whether or not you would be qualified for a reduction, what Tier you belong in, or how and where to file your petition), contact a attorney.