To be released from lifetime supervision in Nevada, a person would need to submit a petition for release to the court that that imposed the sentence, or to the Nevada Board of Parole Commissioners. Only the sentencing court or the Parole Board have authority to grant such a petition.
Do I qualify for early release from lifetime supervision?
Nevada defendants should qualify for early release if:
- They followed their sex registration requirements; and
- They are unlikely to pose a safety threat to others. (A professional who conducts psycho-sexual evaluations must determine this); and
- They have gone at least 10 years in a row without being convicted of a crime that threatens another’s safety or well-being. (This ten-year clock starts when the defendant gets convicted or released from prison, whichever occurred later).
Crimes that “threaten others’ safety and well-being” involve any of the following:
- Child victims;
- Sex offenses;
- Guns, explosives, or deadly weapons;
- Force (or threatened force);
- Physical or mental abuse;
- Death or bodily injury
- Domestic violence;
- Harassment, stalking, threats, or similar acts;
- Forcible or unlawful entry into property or vehicles; or
- Property damage (or threatened property damage)
Therefore, minor traffic tickets should not threaten a defendant’s chances for early release.
Who gets lifetime supervision?
Any defendant convicted of the following Nevada crimes:
- Sexual assault (NRS 200.366);
- Battery with intent a crime (NRS 200.400) of rape;
- Using a child to make porn (NRS 200.710);
- Promoting child porn (NRS 200.720);
- A second conviction of possessing child porn (NRS 200.730);
- Sexual conduct between college students and employees (NRS 201.550);
- Sexual conduct between high school students and employees (NRS 201.540);
- Incest (NRS 201.180);
- Lewdness with a child under 16 (NRS 201.230);
- Felony luring (NRS 201.560);
- Sexual penetration of a corpse (201.450);
- An attempt to commit 1 through 11;
- Sexually-motivated murder (NRS 200.030);
- Sexually-motivated kidnapping (NRS 200.310);
- Sexually-motivated burglary (NRS 205.060);
- Sexually-motivated false imprisonment (NRS 200.460); or
- Sexually-motivated invasion of the home (NRS 205.067)
Lifetime supervision begins after the defendant finishes prison, parole, or probation (whichever is later).
Is lifetime supervision the same as sex offense registration?
Not in Nevada. They are separate punishments. Convicted sex offenders who get off lifetime supervision still have to register as sex offenders.
Can I get off the Nevada sex registry early?
Possibly, if the defendant is either a:
- Tier I offender who has registered for at least 10 years in a row; or
- Tier III offender who has registered for at least 25 years in a row, and the underlying offense was a juvenile delinquency
Tier II offenders may never get off the registry early. They must register for all 25 years.
To get off the registry early, defendants would petition their local district court. The court would then hold a hearing on the matter. Defendant would need to show the following four things:
- They have not picked up more felony convictions (or convictions of any crime carrying potentially more than one year in prison);
- They have not picked up more sex crime convictions;
- They finished their supervised release, probation, or parole; and
- They finished a sex offender treatment program. This program must be certified by the state or the Attorney General of the United States.
As discussed above, getting off the sex registry early is separate from getting off lifetime supervision early. They are separate processes with different requirements.
Legal References:
- NRS 176.0931.
- NRS 213.1243.