CARSON CITY — Hundreds of sex offenders previously categorized as low risk in Nevada will now be subject to public disclosure and new reporting requirements when a decade-old law finally takes effect July 1.
The Department of Public Safety on Friday announced it will implement Assembly Bill 579, a law passed by the Legislature in 2007 to comply with the federal Adam Walsh Child Protection and Safety Act but put on hold during years of litigation. Full Article
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I was convicted in Calif. in 1990. I moved to Nevada in 2003. And the Adam Walsh Child Protection and Safety Act of 2006 was challenged here. Never did hear the outcome of the challenge.
So I just received notification today that after more than 26 years of annual “Price Club” membership renewal requirements.
I now must go in every 90 days.
In 2001 I evaluated the direction things were going in Ca. and decided to move to Nevada for some peace of mind.
Now, that peace of mind, is pretty much gone.
Nevada Assembly Bill 579, Section 22-24 establishes three new classifications to identify the required frequency of in person appearances by offenders to verify registration information…along with community notification.
Pursuant to Nevada Revised Statute 179D.480 you are required to report in person to local law enforcement not less frequently every 90 days.
I’m posting this information for anyone who was considering moving to Nevada in order to ease your life pressure….with the ongoing punitive/retroactive laws that continue to be passed in each state.
I was told back in 1990 to live a clean life, do my 9 months in the “honor camp” where I served my time, and once a year, for administrative purposes, report in and your life will be just fine. Boy was that Judge and my Attorney feeding me a crock of Bull Sh*t.
When I receive my most recent notification from the Nevada SO Repository…in the top right corner, I was a tier 1 offender. Under the new laws, I am now classified as a “very high risk” tier 3.
The full period of registration for a Tier level 3 offender is lifetime pursuant to NRS 179D.490 and there are no provisions in the law which allow for a reduction of this time period.
I own a home here and I just put in a nice Spa, and now I’m wondering if we will stay in this town much longer. There just aren’t many places to go any more where we can just live out life and be left the F**k alone.
And I shouldn’t be upset. Believe me…I’m upset.
Frank
Looks like the plaintiffs are not appealing to SCOTUS.
I appreciate the compassion from all, along with your suggestions and input. Although my wife and I are both semi-retired and living on Social Security, we saved for a year to buy a Spa. I do give to CARSOL, what I can when I can.
Our kids and grand kids all live in California.
We were thinking that if Nevada is as bad as Calif., then why not just move back to Cali.
Can’t afford that plan. It’s not an option.
The property is expensive, and as the laws keep getting worse and worse, and anonymity a thing of the past, I don’t even think we can rent. Nobody wants to rent to a SO.
We are being punished…26 years later. Murderers and drunks plowing through crosswalks killing kids, have it better than we do.
Frank
Segerblom said “Nevada, like other states, was pressured to pass the law in 2007 under threat of losing federal grant money. What’s happened, other states have since passed much less egregious laws and they still get federal funding,”
In other words either Nevada was duped or politicians are pandering. I go with the latter. Nevada already has federal land sources and a revenue stream from gaming. A couple more federal dollars missing won’t make a difference. Other states that don’t list all offenders (New York, Oregon, Minnesota, New Jersey) don’t give a rats as what feds think.
Here’s the real truth. Nevada along with Arizona have joined the latest round of states to cave into internal political pressure.
I remember growing up in the nearby CA high desert, Vegas was always sold as an adult town. But over the last couple of decades, the city has re marketed itself as “family friendly” Now you have politicians pandering to sex offender hysteria in order to attract new voters with large families
I have recently signed up to be a Nevada State contact for the national RSOL. I can tell you that numerous legal challenges have been filed against this bill both in state and district court which is why it was originally passed 8 years ago and is just now going into effect. As of January the latest challenge was struck down by the Nevada Supreme Court, which has finally allowed the state to move forward with implementing.
I have been working with a law firm in Nevada, and there are several other plaintiffs involved as well that are filing an amended petition with the court before the July 1 implementation date. One of these attorneys has been fighting this fight throughout the whole process, as she was a former ALCU director here.
Having said all that, I wish I could be more positive of the legal outcome, but after numerous defeats up to this point in the court system here, I think it’s definitely a bit of a long shot.
As far as an organization is concerned in state, it would be awesome to have as robust an organization as you have in CA. I would love to get to that point in the future, however to this point my time due to work has been somewhat limited, and what little spare time I have had has been used to help source information to provide to the legal defense.
Chris
When the Court Challenges end, do you lay down and die?
Hi Frank, would love to speak with you, Not sure if the moderator on this forum can provide you with my email address, but they have my permission to do so if possible.
Chris
Frank,
I’m in the same boat as you, coming here to Nevada with a conviction, this was about 2006, I was assessed as a tier 1, from that date till the rules changed in 2013 when I was re-assigned as a tier 2. Now approximately 2 1/2 years later I am given a tier 3 rating to go into effect July 1, 2016. I called the state offices to inquire of the change, asking what I had done to get the new tier 3 rating, she told me that it was nothing I had done but, that the state has passed new or re-written laws pertaining to sex offenses. To change the evaluations of persons while in the system seems so unconstitutional as my tier level has already been established. At this rate how long before someone presents a bill that would put us all in prison? This is like adding to the mandated minimums of crimes. Example..Robbery min. mandatory 5 yrs, new law comes in changing the minimum mandatory to 8 yrs and now making that person serve more time; couple yrs go by a new min. mandatory comes down making it 12 yrs and now making the person serve more time… when does he get out??? At this rate there is no ending in sight. What is the difference with what they are doing to sex offense? Our rating was already established with the set of rules that were in place at the time of our initial registration, now they want to change them for everyone in the system? Make it applicable to new or repeat offenders if they want tougher limits.
The only thing we can do at this point is to contact all state legislators and even giving the ACLU a call, letting them know how unfair this new ruling is and that it needs to be stopped before it further ruins the lives of people that have diligently adhered to all the law and regulations.
The laws that are in place now have made it next to impossible to provide for oneself and a family what with trying to find employment or decent housing with the background checking done today. How much more do they want? A life sentence is unreasonable to begin with and to continually add to the punishment is unacceptable.
I don’t know if its possible or not, but feel free to contact me any time for any discussions on this subject.
Lynn
I realize that this is a California based web site, however Nevada has been the hot topic recently. I personally have not had a huge problem over the past many years, but I’m very afraid that things are about to change.
Doing a little research has only given me reason to wonder what the hell is going on in this country.
Here’s something that I’m sure most of you have already seen, and more than likely it has been posted here before…
And if we don’t keep up with the Federal and Local stuff, we can be put away for years.
It is total insanity!
LEGISLATIVE HISTORY OF SEX OFFENDER LAWS
FEDERAL LAWS
1994 – The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, part of the Omnibus Crime Bill of 1994, established guidelines for states to track sex offenders and required states to track sex offenders for 10 years after their release or for the rest of their lives if convicted of a violent sex crime.
1996 – Megan’s Law provided for the public dissemination of information from states’ sex offender registries. Most states passed a similar law in the mid-90s, which required state and local law enforcement agencies to release relevant information necessary to protect the public about persons registered for any purpose permitted under a state law.
1996 – The Pam Lychner Sex Offender Tracking and Identification Act of 1996 established the National Sex Offender Registry, or ‘NSOR’, for the FBI to track certain sex offenders. The law required offenders living in a state with insufficient registry programs to register with the FBI and allowed for the dissemination of FBI information to federal, state and local officials and for the notification of state agencies when certain sex offenders moved to another state.
1997 – The Jacob Wetterling Improvements Act, part of the Appropriations Act of 1998, changed the way state courts determine whether a convicted sex offender should be considered sexually violent. The law also gave states the responsibilities of notification, registration, and FBI notification to a state agency other than law.
The law required each state to set up procedures for registering out-of-state offenders, federal offenders, offenders sentenced by court martial, and non-resident offenders crossing the border to work or attend school and gave states the discretion to register individuals who committed offenses beyond the Wetterling Act’s definition of registerable offenses.
The law also required the Bureau of Prisons to notify state agencies of released or paroled federal offenders, and required the secretary of defense to track and ensure registration compliance of offenders with certain convictions from military courts.
1998 – The Protection of Children from Sexual Predators Act directed the Bureau of Justice Assistance to carry out the Sex Offender Management Assistance (SOMA) program to help eligible states comply with registration requirements. The law also revoked federal funding for programs that gave federal prisoners unsupervised access to the Internet.
2000 – The Campus Sex Crimes Prevention Act, passed as part of the Victims of Trafficking and Violence Protection Act, required anybody in a state’s sex offender registry to notify an institution of higher education at which the sex offender worked or was a student of their status as a sex offender and amended the Higher Education Act of 1965 to require institutions to provide notice of how information concerning registered sex offenders could be obtained.
2003 – The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act required states to maintain a website containing registry information, and required the Department of Justice to maintain a web site with links to each state website. The law also authorized appropriations to help with state costs for compliance with new sex offender registration provisions.
2006 – The Adam Walsh Child Protection and Safety Act created new sex offender registration and notification and created the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office) within the Department of Justice to administer the standards for sex offender notification and registration, administer the grant programs authorized by the Adam Walsh Act, and coordinate related training and technical assistance. The same year the Department of Justice passed a federal regulation to specify that Walsh Act registration requirements are retroactive.
2008 – The Keeping the Internet Devoid of Predators Act (KIDS Act) required registered sex offenders to also register their Internet identifiers, such as emails and screen names, with the DOJ. The law exempted the identifiers from public disclosure on registry websites.
NEVADA LAWS
1985 – Assembly Bill 286 increased the penalty for possession of pornography involving children and required people convicted of certain crimes to register as sex offenders.
1987 – Assembly Bill 405 started a pilot program to study the use of a type of birth control on certain offenders in state prisons.
1989 – Assembly Bill 165 required convicted sex offenders to submit to testing of their blood and saliva and required the central repository for Nevada criminal records to collect, maintain and arrange the results of those tests.
1993 – Senate Bill 192 required institutions that release or discharge a sex offender to ensure the registration of the offender and provided for the release of registration data.
1995 – Assembly Bill 312 expanded the definition of “employees” to include volunteers and prospective volunteers for provisions regarding the prior sexual offenses of employees.
1995 – Senate Bill 192 increased the penalty for certain crimes related to sex, gave guidelines for lifetime supervision of certain sex offenders, expanded the definition of sexual offense for the purpose of blood and saliva tests and required the attorney general to adopt guidelines for notifications about the release of sex offenders.
1997 – Assembly Bill 280 increased the penalty for certain sexual offenses committed against a child younger than 14 years and required the state board of parole commissioners to impose certain conditions of parole on people who commit such offenses.
1997 – Senate Bill 325 established a statewide registry of sex offenders and those convicted of certain crimes against children and a program to provide the public with access to the registry. The law revised the provisions governing community notification, including certain juvenile sex offenders, and required that movie theaters and other businesses that primarily have children as customers be notified about certain sex offenders. It introduced new conditions of probation and parole for certain sex offenders and prohibited the sealing of criminal records in certain circumstances.
1997 – Senate Bill 5 required certification by a panel or mental health professional before offenders convicted of certain crimes may be released on parole or probation.
1997 – Senate Bill 99 required that the presentence investigation of certain sex offenders include a psychosexual evaluation.
1997 – Senate Bill 102 required school officials to be notified about juvenile sex offenders and prohibited those juveniles from attending the same school as a victim.
1999 – Senate Bill 515 modified registration requirements and allowed for a website and the monitoring of nonresident offenders
2001 – Senate Bill 551 required an Internet service provider to provide access to certain information, established a penalty for committing the crime of stalking with the use of the Internet or electronic mail and prohibited the use of a computer to lure children, providing that such an offense constitutes a sexual offense.
2001 – Senate Bill 412 revised the provisions regarding the registration, community notification and conditions of probation and parole for sex offenders. It added restrictions against sex offenders’ accessing the Internet or going to businesses of a sexual nature. The law gave the state oversight of offenders’ prescription medications.
2003 – Assembly Bill 78 revised the penalties for sexual assault against a child under the age of 16 and lewdness with a child. The law also prohibited the suspension of sentence or granting of probation to a person convicted of lewdness with a child and changed provisions about access to information in the statewide sex offender registry.
2003 – Senate Bill 218 revised provisions relating to the program that provides the public with access to certain information in the statewide sex offender.
2003 – Senate Bill 397 required sex offenders and offenders convicted of a crime against a child who are enrolled in or work at institutions of higher education to register with local law enforcement, which must to notify campus police.
2005 – Senate Bill 341 authorized unrestricted searches of an offender’s property, expanded procedures for disseminating registration information to employers, established civil liability for misuse of info from state registry, expanded charges for failing to maintain registration, expanded guidelines for dealing with juvenile offenders, sentencing and offenders who become gaming employees. The law also restricted the DMV from granting licenses without permission from officials based on an applicant’s registration compliance.
2007 – Assembly Bill 579 adopted standards to make Nevada compliant with the federal Adam Walsh Child Protection and Safety Act of 2006.
2007 – Senate Bill 471 required incarcerated sex offenders and offenders convicted of a crime against a child to register with a local law enforcement agency before being released from prison. The law also required sex offenders to provide a biological specimen at the time of registration with a local law enforcement agency and increased minimum sentences for sexual offenses committed against a child.
Give me a break!
Frank