NRS213.1255. Prisoner who is Tier 3 offender convicted of sexual offense against child under 14: Additional conditions of parole required.

      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)