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National

NV: Changes to sex offender registration system now in effect

Significant changes to Nevada’s sex offender registration system are in effect. Assembly Bill 579 (AB 579) aligns Nevada sex offender registration laws with the federal requirements of the Adam Walsh Child Protection and Safety Act of 2006.

While enacted in 2007, AB 579 has been on hold pending the outcome of litigation to stop implementation. On April 27, 2018, the Nevada Supreme Court denied further delay to implementation and authorized AB 579 to take effect. Full Article

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  1. PK

    I’m sure glad I didn’t waste 4 years of Nursing School in Nevada.
    Even though I was accepted into the school, I withdrew my enrollment before I even started.
    I’m sure I would have ended-up a Level 2 = no job!

  2. R M

    NV, another state succumbing to the monetary bribes of the Feds and yet “AB 579 eliminates the use of subjective criteria to assign an offender’s tier. Rather, tier levels are established by the offender’s conviction and age of the victim.”

    • AO

      Nothing like not evaluating each person as an individual to pretty much negate the whole thing. Someone who may never reoffend at all can be T3, while someone who might be a complete nutcase but was only caught for something minor will be T1. Not that I want the registry to exist at all, but how they currently do it does not result in what they’re pushing (public safety).

      • Gralphr

        I’m listed as a tier III. I was incarcerated almost 20 years ago and other than the occasional traffic ticket, have been out for 11 years crime free, married with children of my own, but I’m somehow dangerous and will rape, pillage, and plunder at any minute if you listen to these people…….

  3. Luke

    Hopefully this won’t be infecting California’s tiered law. Some of us are going to be classified as Tier III only cause of the Static 99R, saratso, whatever they call it. Would be insult to injury if we are also made to register every 90 days…

    • Debo

      If they retroactively increase peoples time on the reg with this it will see the same fait as SORNA did in PA

    • PK

      I would never submit to that- period.
      I would find a way to get the f*** out somehow, but that is no way to live.

      • Tired of this

        Yup, it’s bad enough that I’m getting bumped to T2 here in NV, but it is the lesser of two evils; if I went back to my convicting state of CA, it seems likely I’d become T3 given the illogical criteria they’re using. I would leave, disappear, or take my own life before I’d ever submit to T3.

        • Dave

          I just started thinking about suicide again. 25 years ago I made a mistake, I would have been better off with the death penalty than this continuing state of fear I have to live with. I will be placed into T3 now, I am not going to be able to live in NV anymore. We need to do some research and find a better state. Any ideas?

  4. Not Really

    Of those 7,200+, the approximate amount of each tier is as follows:

    — Tier 1 = 1,898
    — Tier 2 = 1,926
    — Tier 3 = 3,391

    So the Tier 1 and Tier 2 total is 3,824, which means the victim was over 13 or it was a non-violent offense. That means the majority were not for crimes driven by the sensational news leading to sensational laws. Evidently, since this was modeled on the fed law, this would hold true for most of the country. It’s been said: “There is a difference between who we might be mad at and those we fear” and that may even apply to many in Tier 3.

    • Hmmm...

      “So the Tier 1 and Tier 2 total is 3,824, which means the victim was over 13 or it was a non-violent offense.”

      Of course for California’s tiered law, it will be entirely possible for a person to fit into Tier 3, even if a victim was over 18 and/or it was a non-violent or non-contact — even first-time — offense. Most notably, CP — or even a “high” SARATSO/Static-99R score will be adequate for Tier 3 placement.

    • GRR

      Bottom line there were only 300 or so tier 3 in Nevada before they voted in AWA. Now over 3000 tier 3… f— them. I was assigned tier 1 when i lived there but new this was coming so got the f— out of this red neck state.

      Hopefully the 3000 reassigned tier 3 (not to mention ones that didn’t have to register anymore will have to again) and the remaining reassign’s will find a way in fed court to stop it. I’m thinking Nevada knows this is going to happen thus waiting until Oct before they implement it. A while back they had put it into effect and had most everyone on the website for about 5 hours (before a state Judge stopped it} so they could implement it now with a flip of the switch if they wanted to.

      Everyone please please hang in there…

      • relieved

        Hey GRR you info is wrong I was on the registry for 18 yrs on tier 1 I petition the court in 2017 had to do a psycho-sexual evaluation which stated I was not a threat to re offend so I was release from my duty to register I just called the The Offender Registry and talked to a case worker I was told that I was fine it would not go back on me. So if anybody has done what I did and was court released from your duty you will be OK.

  5. Tired of this

    Anyone else in NV who knows if this is still going to be challenged somehow? I’ve been trying to contact McLetchie/Shell for over a month now and haven’t heard back; they are the firm who has been litigating against the AWA. This will affect me, raising me from T1 under the original state system (yearly mail-in updates, no in-person reporting, not on the website) to T2 (report in-person every 6 months, listed on website, possibly jeopardizing everything I’ve worked for). I wonder if Colorado or Snyder could be cited in some kind of suit. Was it Snyder that deemed in-person reporting to be punishment?

    It is not hyperbole to say that I’ve literally been losing sleep over this.

    • Ali

      @tired of this – Here in Texas, we have a Council on Sex Offender Treatment that determines risk level. I am tier 1 currently with a medium risk in the registry. I would be eligible to de-register early once completed the program and if I understand the law correctly, need to serve minimum/ half the time on my probation agreement.

      Do you have such program? I am sure you can get a judge discretion to modify your plea to lower risk showing your compliance with the law.

    • Facts should matter

      @Tired

      If you have kids and you go online, they will be mocked, shunned and ridiculed my their classmates.

      • Tired of this

        No kids, no family of my own, I live by myself in a tiny shoebox of an apartment in one of Nevada’s major cities. I’m also an electronic musician, so I may end up utilizing search engine optimization by putting my real name on my profile where I post my tracks and remixes in order to bury the negative Google results that are sure to pop up. I have enough material to flood the first 2 or 3 pages with my music.

  6. Dave

    I just found out about this change. I am literally sick right now. I too am a Tier 1 because Carson City researched my case and deemed me low risk. It has been almost 25 years now since I was convicted. I found a job, I am a law abiding citizen, and when this goes in effect, well – I guess we are just screwed. I will have to quit my job, at the very least, because I certainly did not disclose my conviction when I got hired (I would not have been hired, obviously). I have not been showing up on background checks nor have I had any problems finding a place to live, now I will again be in fear all the time. Where can I go? What state? My whole life is completely upended now. Again.

    • Lovecraft

      Thats truly horrific. It will be cases such as yours that will get this whole mess undone. You have a very sympathetic case that will be easy to show how you were able to live a positive, productive life only to get it snatched from you decades later due to politics and not for public safety. Destabilizing someone not only does nothing for public safety in many cases it increases crime. (petty or other) I wish you the best and remember its always the darkest just before the light.

    • Bill Johnson

      Any state that has enacted the AWA will require you to be a Tier 3 also. Most states that have not enacted the AWA require you to abide by the lifetime registration that your previous state required. This way they don’t get offenders moving to their state to get easier restrictions.

      • AJ

        @Bill Johnson:
        Most states that have not enacted the AWA require you to abide by the lifetime registration that your previous state required. This way they don’t get offenders moving to their state to get easier restrictions.
        —–
        As I posted elsewhere(https://all4consolaws.org/2018/02/pa-names-being-removed-from-sex-offender-registry/comment-page-6/#comment-209228) such State behavior almost assuredly violates the Equal Protection Clause. Making discriminatory laws to prevent citizens from exercising their fundamental right to travel is a no-no. And since even SCOTUS (in Smith) said RCs are free to live and work like everyone else, the State’s argument gets even tougher to make. (As well, the 9th has held that RCs are entitled to full 1st Amendment rights.)

  7. Mike G

    This appears to be a flip flop of the California Tiered Registry. I read this as all the CP crimes (non-contact) would be Tier 1, but all of us with 288(a) (more than half the California Registry) would move to Tier 3.

    • HOOKSCAR

      A 288(a) is only tier 3 if the minor was under 13. Under 18 but over 13 would be tier 2. That is my understanding.

      • Mike G

        I thought the definition of 288(a) was Lewd & Lascivious with a person under the age of 14. You are right, that if the victim was 14 or older (actually 13, I guess in Nevada) then it would be Tier 2.

    • TG

      My understanding is this: felony CP possession is tier 3. Misdemeanor is tier 1.

  8. Tim Moore

    I don’t understand. How can this be any more obvious. They are changing a system that is based on personal assessment, however flawed, to one based simply on the past crime. How is this not tying added punishment to the crime after the original sentence?

    • Madness Everywhere

      …and when they *do* insist on using a personal “assessment,” the government uses flawed “science” such as the Static-99R (and they choose to hide it under a pseudonym: “Saratso Tool”).

      I have come to the conclusion that our government is a joke, run by a bunch of fraudsters.

      • Tim Moore

        I guess their assessment based system wasn’t punishing enough ex offenders to their liking. Heck, the unending punishment of former sexual offenders comes first. They only value the assessment of how harsh their system is — harsher the better. Any method that increases that punishment will do.

  9. A Nevadan

    Honestly, I am just not that worried about it. I’ve been on the Nevada registry off and on for the last 10 years. It’s caused a few headaches for me, but it was never the earth shattering nightmare I was afraid of. I am going to a III from a II and the fact that the number of III’s are jumping 10 fold is a good thing, the more III’s there are the more meaningless it becomes. If push comes to shove I may move back to California where I’ll be a II again, or I my just call my local sheriff’s department and just tell them I am not going to cooperate. Until registrants decide to get over their fear of jail and stand up for themselves this is the kind of thing we’re going to have to live with. Me, I don’t mind a little civil dissonance and clogging up the courts.

  10. Gary

    @MikeG I read the actual bill in this case and it says all CP are T2. It is section 23 if I remember correctly. So that is going to be a problem for a lot of people. Apparently non contact is not the only factor here

    • Mike G

      @Gary, acknowledgeing that the entire system is nonsensical and unconstitutional, I guess T2 would make sense, even though there wasn’t any contact. Unless I am mistaken, in California, misdemeanor CP is Tier 1 and felony CP is Tier 3. I don’t know what differentiates between misdemeanor & felony. # of images? Production? Distribution? CP wasn’t my crime, but I feel for the ones in CA if they get stuck at Tier 3 lifetime.

  11. steve

    I just spent 9 days in NV because my dad had a massive heart attack. Did I check in with them f-no. I will not abide by any other state’s bs.

    • Mike G

      @steve, yeah, don’t tell anyone, but I have spent many weeks in Nevada, staying with my Mom or my brother. As long as you DON’T stay at a hotel, you are probably fine, unless someone who knows about you and doesn’t like you, turns you in.

      • steve

        @mikeg. Stayed hotel all 9 nights because my dads girlfriend had a complete meltdown. I even interacted with the cops twice because she wouldn’t let me in his house. My life choice is to not worry about all the bs we are supposed to follow.

        • Mike G

          @steve
          I hope your dad is doing better, and I’m glad your stay was successful.
          I just know that there are several Registered Citizens who have, or maybe still are, spending time in Nevada jails for being in the state for more than 48 hours without registering.

  12. steve

    Mike Thanks for the info!

  13. Tired of this

    So I received a call back from the office of McLetchie/Shell, and the receptionist said I’d need to pay a consultation fee before they’d talk to me. Seems odd, since it’s not like I am consulting with them to become a client; all I want to know is whether or not they are fighting this, just a few minutes of their time. So, I think I will just have to keep my eyes and ears open to other sources for now, since money is really tight. Maybe Janice can find out something.

    I would think a challenge citing Snyder would be in order.

    • MJ

      McLetchie/Shell was only fighting this to stall for time while they petitioned for some of their other clients to get off the registry. If you search the court records you’ll see they don’t have any more petitions pending or any any new filings to block AD 579. Just a money grab… SMH

  14. Brian

    Hoping someone can help. My son was 18 at the time and the victim was 13. His sentence (plead to misdemeanor statutory sexual seduction) was fulfilled after one year in jail. He has been out now for six years. I understand where he will now be a tier two in Nevada. He currently lives in Colorado though and checks in annually. Since Colorado does comply with the Adam Walsh Act will his requirements, tier level, and check in requirements change in Colorado? We are very confused parents. Thanks,

    • AJ

      @Brian:
      I’m sorry to hear the stress this has on your wife and you. You’re certainly further proof that the “blast zone” of registration damages many more people than the RC.

      I don’t know NV or CO law, but I suspect whatever NV changes won’t have any effect on him in CO. This will certainly be the case if he was able to “de-register” with NV (i.e. no longer listed, a la CA and MN, and unlike FL and NY) when he moved to CO. In so doing, NV will have completely washed their hands of him, unless or until he steps foot back there. Even if he didn’t “de-register”, I suspect it will have no effect on him in CO. If anything, it would maybe come into play if/when he tries to get relief from CO, but I don’t even know if CO allows that.

    • TS

      @Brian

      No, your son will be fine where he stays in Colorado because nothing will change. Nevada is for those who are in Nevada. If he was to move to Nevada, then he would fall underneath their system, but he lives in Colorado and therefore Falls underneath their system.

  15. Tiered Madness

    This is the problem with a tiered registry. People can change Tier levels because of political climate and the whims of legislators. I hope California’s doesn’t end up like Nevada’s. :-/

    • AJ

      This is the problem with a tiered registry. People can change Tier levels because of political climate and the whims of legislators.
      —–
      IMO this is also a point of attack on IML. Not so much tiers, but that it is wholly subjective to, and controlled by, a (legislative) body other than Congress. That’s certainly a delegation of powers, and without *any* direction from Congress (which is what the courts look for and allow). Worse, it’s a delegation not just from one federal branch to another, it’s completely outside the federal system!

      It also has a chilling effect on my freedom of travel and migration. I could have completed registration in State A, but if I am in State B for “too long” I’m now subject to IML. Good old Saenz v. Roe (https://supreme.justia.com/cases/federal/us/526/489/case.html) would seem to come into play.
      =====
      @Chris F: Saenz may also be useful regarding your DUI example, not to mention RC restrictions for travelers. There are also some good case references in there (Shapiro is one I will def. read).

      • AJ

        Here’s an okay paper from March 2018 that touches on a bit of my thoughts: “A Promise to the Ear to be Broken to the Hope: Challenging Sex Offender Out-of-State Conviction Provisions Under the Right to Travel” (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3143235).

        In short, the author says the courts really need to clarify what’s what. He(?) also makes argument that imposing a longer registration period on migrant RCs is unconstitutional, and cites Saenz v. Roe for such…just like that Fed. Judge in Indiana has done. It certainly provides food for thought, and fodder for use, to RCs who have migrated or will (or will not!) migrate from their convicting State.

        There are also some handy charts showing registration periods of various states, which could be helpful to those considering migrating.

  16. MJ

    McLetchie/Shell was only fighting this to stall for time while they petitioned for some of their other clients to get off the registry. If you search the court records you’ll see they don’t have any more petitions pending or any any new filings to block AD 579. Just a money grab… SMH

    • your right

      Your right, I was on the registry for 18 yrs on tier 1, I petition the court in 2017, I had to take a psycho-sexual evaluation which stated I was not a threat to re offend so I was release from my duty to register I just called the The Offender Registry and talked to a case worker I was told that I was fine it would not go back on me. So if anybody has done what I did and was court released from your duty you will be OK.

    • MJ

      Might of spoke to soon. Looks like they’re gearing up for a new, last minute, challenge…

  17. troy

    my understanding is that states have different laws pertaining sex offenders,like Colorado is that you are not required to register in co if your crime falls in a certain time period, like if your crime was done in nj in 1989 qnd you moved to Colorado today it falls in a period where no registration is required I believe 1991 and 1996 if anyone knows this law please tell me if I’m wrong thx

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