1. Except as otherwise provided in subsection 4, in addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 against a child under the age of 14 years and who is a Tier 3 offender, the Board shall require that the parolee:
(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.
2. A parolee placed under the system of active electronic monitoring pursuant to subsection 1 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.
3. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a parolee pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
4. The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
5. In addition to any conditions of parole required to be imposed pursuant to subsection 1 and NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 6 against a child under the age of 14 years, the Board shall, when appropriate:
(a) Require the parolee to participate in psychological counseling.
(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present.
6. The provisions of subsections 1 and 5 apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Lewdness with a child pursuant to NRS 201.230;
(e) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony; or
(f) Any combination of the crimes listed in this subsection.
(Added to NRS by 1997, 1722; A 1999, 470; 2001, 1142, 2800; 2003, 22, 1393; 2007, 3260; 2013, 1173)
Structure Nevada Revised Statutes
Chapter 213 - Pardons and Paroles; Remissions of Fines and Commutations of Punishments
NRS 213.010 - State Board of Pardons Commissioners: Members; meetings; notice of meetings to victim.
NRS 213.015 - Salaries of certain Board members who are justices of Supreme Court.
NRS 213.017 - Secretary of Board: Appointment; qualifications; duties.
NRS 213.030 - When notice of application not required.
NRS 213.035 - Restoration of civil rights expedited by Board under certain conditions.
NRS 213.055 - Person with communications disability entitled to services of interpreter at hearing.
NRS 213.060 - Procedure when judgment of fine or forfeiture is remitted.
NRS 213.070 - Fines and forfeitures do not include discharge from liability on bail bond.
NRS 213.080 - Procedure when death penalty is commuted.
NRS 213.090 - Pardon: Restoration of civil rights; relieved of disabilities; limitations.
NRS 213.095 - Notice by Board to victim if clemency granted.
NRS 213.100 - Order of discharge when clemency granted.
NRS 213.10705 - Legislative declaration concerning parole, probation and residential confinement.
NRS 213.1071 - Division: Creation; composition; Chief.
NRS 213.1075 - Information obtained by employees of Division or Board privileged; nondisclosure.
NRS 213.1076 - Fee to defray costs of supervision; regulations; waiver.
NRS 213.1077 - Contracts and agreements with Federal Government.
NRS 213.108 - Creation; members; Chair; qualifications; decisions.
NRS 213.1085 - Executive Secretary: Appointment; unclassified service; qualifications; duties.
NRS 213.1092 - Chief: Appointment; qualifications.
NRS 213.1094 - Chief: Other employment prohibited.
NRS 213.1095 - Chief: Powers and duties.
NRS 213.1096 - Powers and duties of assistant parole and probation officers.
NRS 213.10985 - Seizure, custody, use and sale of dangerous instrument or weapon.
NRS 213.10988 - Chief to adopt standards for recommendations regarding parole or probation.
NRS 213.1099 - Limitations on Board’s power to release prisoners on parole.
NRS 213.120 - When prisoner becomes eligible for parole.
NRS 213.1215 - Mandatory release of certain prisoners; exceptions.
NRS 213.122 - Chief to develop statewide plan for enhanced supervision of parolees.
NRS 213.123 - Imposition of tests to determine use of controlled substance as condition of parole.
NRS 213.1245 - Prisoner convicted of sexual offense: Mandatory conditions of parole.
NRS 213.126 - Requirement of restitution as condition of parole; Restitution Trust Fund.
NRS 213.1263 - Board may prohibit association with members of criminal gang as condition of parole.
NRS 213.142 - Rehearing to be scheduled if parole denied.
NRS 213.151 - Arrest of alleged violator of parole: Powers and duties of peace officers.
NRS 213.15105 - Placement of alleged parole violator in residential confinement pending inquiry.
NRS 213.1526 - Residential confinement of violator of parole: Violation of term or condition.
NRS 213.1528 - Residential confinement of violator of parole: Program of enhanced supervision.
NRS 213.1543 - Division to recommend early discharge of certain parolees; regulations.
NRS 213.155 - Restoration of civil rights after discharge from parole; limitations.
NRS 213.215 - Enactment of Compact.
NRS 213.293 - "Department" defined.
NRS 213.294 - "Director" defined.
NRS 213.297 - "Program" defined.
NRS 213.300 - Establishment of program.
NRS 213.310 - Selection and referral of offenders for enrollment in program.
NRS 213.320 - Administration of program; duties of Director.
NRS 213.330 - Disposition of salaries and wages of offender.
NRS 213.350 - Enrollees not agents or employees of State; status.
NRS 213.360 - Termination of enrollment; unauthorized absence constitutes escape.
NRS 213.390 - Duties of Chief Parole and Probation Officer.
NRS 213.605 - "Board" defined.
NRS 213.607 - "Correctional program" defined.
NRS 213.609 - "Director" defined.
NRS 213.610 - "Division" defined.
NRS 213.615 - "Judicial program" defined.
NRS 213.620 - "Reentry court" defined.
NRS 213.635 - Supervision of participant in correctional or judicial program.