Assessment of risk of recidivism; factors considered; access to records of sex offender; rights of confidentiality and privileges deemed waived.
1. Except as otherwise provided in subsection 5, the Attorney General shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this state and each nonresident sex offender who is a student or worker within this state.
2. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:
(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;
(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and
(c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:
(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;
(2) Whether the sex offender committed the sexual offense against a child;
(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;
(4) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The response of the sex offender to treatment;
(7) Any recent threats against a person or expressions of intent to commit additional crimes; and
(8) Behavior while confined.
3. The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this state and agencies from other jurisdictions.
4. Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.
5. The Attorney General may provide in the guidelines and procedures for a provisional waiver of the assessment of the risk of recidivism of any nonresident sex offender who is not likely to be a student or worker within this state for more than 30 consecutive days and who is not likely to pose a substantial threat to the safety of the public. If a nonresident sex offender is granted such a provisional waiver, the nonresident sex offender:
(a) Shall be deemed to be assigned provisionally a Tier 1 level of notification; and
(b) May be assessed and assigned any other level of notification pursuant to the provisions of NRS 179D.600 to 179D.800, inclusive, and the guidelines and procedures for community notification established by the Attorney General if, at any time during the period of the provisional waiver, there is any cause to believe that the nonresident sex offender will be a student or worker within this state for an extended period or that he poses a threat to the safety of the public.
Last modified: February 25, 2006