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National

NV: Sex offender registry changes will impact Lyon County numbers

[rgj.com 5/4/18]

The number of Lyon County sex offenders registered on the Department of Public Safety’s website will increase with the implementation of a new statewide sex offender registration law.

Nevada Legislature in 2007 approved AB579 to comply with the federal Adam Walsh Child Protection and Safety Act passed the year before. The law changes how sex offenders are classified and who must register with the DPS. The bill has been hung up in legislation for more than 10 years, but on April 27 the Nevada Supreme Court lifted the most recent stay on the legislation, clearing the way for its implementation.

“It’s effective immediately,” said Julie Butler, administrator for DPS’ records, communications and compliance division.

There are four tiers of sex offenders, Tier 3 (most serious) to Tier 0 (least serious.) Previously, only Tier 2 and Tier 3 offenders registered online. Under the new legislation, all offenders must register with DPS, and changes in the way offenders are classified raises the number of higher-tiered offenders. Under the legislation, an offender’s tier level is based strictly on his or her conviction and the age of the victim, without consideration of other circumstances. Prior to the changes all Nevada adult offenders and certain juvenile offenders were assessed by mental health workers and rated on their risk of re-offending.

To paint a ballpark picture, Butler said under the old system there were about 300 Tier 3 offenders in the state. Under the new system, that number skyrockets roughly tenfold, to around 3,000, but the definition of who a Tier 3 offender is changes.

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  1. Two states east

    I’m sure that many of you who go back during and even before the CARSOL years have been following this valiant struggle in Nevada ! But I can’t find anything on the actual decision that the article refers to. Can one of you post it ? Thank you.

  2. Tired of this

    Doesn’t mention Washoe County but I am sick to my stomach with anxiety and fear. I cannot guarantee I won’t do something rash if I end up affected. Going up a level could ruin everything for me, as I’m currently tier 1, annual, and not publicly listed.

    • That David

      Unfortunately even if you are lucky enough to remain a 1, all 3 tiers will be listed online.

      • Tired of this

        @David: Will be interesting to see if there’s a corresponding rise in absconding and suicides after this, especially among those bumped up to 3. Can’t say I’d blame them, honestly; a man can only take so much of this horse sh*t. I may or may not have a “plan b” myself if worse comes to worst. I will just leave it at that.

        Really hoping and praying that Maggie and Alina are able to stop this. As of this writing, I’m still waiting to hear back from them.

        • That David

          Honestly I doubt there will be a significant rise in either. Not that the public at large would see that as a bad thing if there were. I imagine most people who have the ability to, will simply leave. However, where would one leave to? For most people being moved to tier 3, it’s not really any better in other states, and international travel is a difficult/problematic idea at best.

          Rather than just waiting for them to get back to you, you may want to contact DPS.
          When Alina and I were going through my registration dismissal case, my best ally and source of information was actually my case worker at DPS. She worked HARD even against the California DOJ who stonewalled the whole time, and was a huge cheerleader for me the whole way.

          YMMV but I’ll likely contact them tomorrow if there isn’t an update here.

    • Sam

      Me Too. Recovered my full professional career, remarried, two kids in school, competitive sports, etc… Ready to leave it all….

  3. Two states east

    Thank you for the case reference. At least Maggie McLetchie stalled it for two years ! This monster goes back retroactively to the 1950’s doesn’t it ? Wasn’t Sodomy in Nevada a sex offense back then ? I hope there will be another stalling tactic.

  4. fed up

    Tier 1 with Victims under 18 on web. Most are bumped up. Tier 3 means life and ever 90 days check in. Adam Walsh Act at its worst. Some big talk about fixing this then they abruptly stopped bringing it up. They did pass better legislature for minors. AB 579

  5. fed up

    Thank you Maggie McLetchie and crew. Hope you can work some more magic, Nevada knows Sorna is wrong

  6. bob

    Get outta this SCAM state ! When I go for a convention I stay longer than the 48 hours and do NOT register there ! I get a lottery ticket in CA at stateline then go back (yea its a 80 mile trip) but I can legit say I havent been on the state more than 48 hours ! Never drop a dime to the state for gambling either (dont feed the machine) !

    • GRR

      Bob,
      Be careful. I believe Nevada’s law is 48 hours and/or no more that 4 total days in a month. IE you live at a the Cal/Nevada state line and cross into the state and stay 47 hours and leave and come back you can only stay again for 47 hours in the same month. I would check with a Nevada lawyer.

  7. Tired of this

    If anyone has any updates/further info on this, please share. I’m literally losing sleep over this. Haven’t heard back from McLetchie/Shell as of yet but I imagine they’re very busy.

    • GRR

      Tired of this.

      Have you heard anything else? I’ve goggled and can’t find anything. seems strange. best of luck and hang in there. I left a great job and my home in Reno a few years ago in fear of being reclassified from a Nevada tier 1 to a tier 3. it’s been 31 years. hopefully now back in California i have only 2.5 years left.

      • Bill Johnson

        The implementation date has not yet been set. All offenders will receive a letter notifying them of their new tier level 30 days prior.

      • Tired of this

        Nothing yet, and it’s been over a week. I’ve both emailed and called (left message with receptionist). Maybe I should call again.

  8. Live Free or Die

    Spoke to a supervisor at the SO registration unit. The law is in full effect. Going in to report a change (new job, etc..) could trigger your re-registration at new level. I don’t mean to panic anyone, but this lady was very clear that they are free to enforce it immediately. I advise maintaining our reporting responsibilities.

    Their current plan is to send letters by Sep 1, with October slated as beginning of full enforcement.

  9. fed up

    Im suprised to not hear anything on the newa about this

    • not good

      IN THE SUPREME COURT OF THE STATE OF NEVADA
      DOES 1-17, INDIVIDUALS, Supreme Court No. 70704
      Petitioner, District Court Case No. A694645
      VS.
      THE EIGHTH JUDICIAL DISTRICT COURT
      OF THE STATE OF NEVADA, IN AND FOR
      THE COUNTY OF CLARK; AND THE
      HONORABLE DOUGLAS SMITH, DISTRICT
      JUDGE,
      Respondents,
      and
      ADAM P. LAXALT, ATTORNEY GENERAL OF
      THE STATE OF NEVADA; JAMES WRIGHT,
      DIRECTOR OF THE NEVADA DEPARTMENT
      OF PUBLIC SAFETY; NATALIE WOOD,
      CHIEF OF THE PAROLE AND PROBATION
      DIVISION OF THE NEVADA DEPARTMENT
      OF PUBLIC SAFETY; AND JULIE BUTLER,
      DIVISION ADMINISTRATOR OF THE
      RECORDS AND TECHNOLOGY DIVISION OF
      THE NEVADA DEPARTMENT OF PUBLIC
      SAFETY,
      Real Parties in Interest.
      NOTICE IN LIEU OF REMITTITUR
      TO THE ABOVE-NAMED PARTIES:
      The decision and Order of the court in this matter having been entered on April 27th,
      2018, and the period for the filing of a petition for rehearing having expired and no
      petition having been filed, notice is hereby given that the Order and decision entered
      herein has, pursuant to the rules of this court, become effective.
      DATE: May 23, 2018
      Elizabeth A. Brown, Clerk of Court
      By: Amanda Ingersoll
      Chief Deputy Clerk
      cc: Hon. Douglas Smith, District Judge
      McLetchie Shell LLC
      Attorney General/Las Vegas
      Attorney General/Carson City
      Steven D. Grierson, Eighth District Court Clerk

    • oh no

      The Nevada Supreme court case 70704 has been closed there were no petitions against the ruling so Ab 579 can and will be put in effect. I don’t understand why they are sandbagging the public on the out come must be a sneak attack.

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