179D.490 - Duration of duty to register; termination of duty; procedure; exceptions. - Nevada Statutes

179D.490  Duration of duty to register; termination of duty; procedure; exceptions.

      1.  An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, the full period of registration is:

      (a) Fifteen years, if the offender or sex offender is a Tier I offender;

      (b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

      (c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender,

Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

      3.  If an offender or sex offender complies with the provisions for registration:

      (a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender; or

      (b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

Ê during which the offender or sex offender is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

      4.  If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender or sex offender satisfies the requirements of subsection 3, the court shall:

      (a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register by 5 years; and

      (b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

      (Added to NRS by 1997, 1659; A 1999, 1305; 2001, 2062; 2007, 2770)

      NRS 179D.495  Duty of Central Repository to determine whether person is required to register as a Tier I, Tier II or Tier III offender.  If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph (p) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.

      (Added to NRS by 2007, 2762)