NDOC: Psychological Review Panel

Nevada law requires that certain offenders must be certified by a Psychological Review Panel before they are eligible for release on parole. (See statute below to see the convictions for which certification is mandatory.) We refer to this process as the “Psych Panel” and it is a quasi-judicial administrative determination made to assist the Board of Parole Commissioners. Before an offender is eligible for parole release, the Panel must find that an offender does not represent a high risk to re-offend, based upon a currently accepted standard of assessment. That determination is based upon the observed conduct of the offender while in custody, together with his/her psychological evaluation results and consideration of the entire background and history of the offender. According to Nevada law, no offender denied certification may sue the State of Nevada, the Parole Board, or the Psych Panel for certification decisions.

The Psych Panel is appointed jointly by the Director of Corrections and the Administrator of the Division of Mental Health and Developmental Services for the State of Nevada. The panel currently consists of a psychiatrist and two psychologists who conduct statewide video-conferenced hearings each month with offenders incarcerated throughout the State of Nevada.

Nevada’s courts and the Attorney General have determinedthat the Psych Panel process is not subject to the requirements of the Open Meeting Law. The meetings are open to the public, however. Agendas for the Psych Panel hearings are publicly and available on NDOC’s website each month. Victims, relatives of the victim or offender, and other interested persons are permitted to attend the hearings and make statements to the Psych Panel. NDOC’s video-conferencing equipment is located in our prisons in Lovelock, Ely, Carson City and Indian Springs so persons wanting to attend an offender’s hearing may do so without traveling to the facility where the offender is housed. Arrangements for attendance, in person or by video, must be made in advance with the Warden’s Office so proper security can be maintained.

Victim’s Assistance

Crime victims who have filed a notification request with NDOC receive written notice of all Psych Panel hearings involving their assailant. Victims may contact NDOC’s Victim Services Unit at our in-state toll-free number 1 (888) 333-6067 to learn of their rights at the hearings, and to receive assistance through this process.

Sex Offender Treatment

The Nevada Department of Corrections has an intensive treatment program for sex offenders. The Sexual Treatment of Offenders in Prison (S.T.O.P.) program is offered by trained psychologists at Lovelock Correctional Center (LCC), Nevada State Prison (NSP), Northern Nevada Correctional Center (NNCC), High Desert State Prison (HDSP) and Southern Desert Correctional Center (SDCC). Classes at LCC are also conducted in Spanish. S.T.O.P. is a year-long program based on proven “best practices” that address criminal thinking errors, emotional deficits, relationships and prevention. Because NDOC has over 1,600 convicted sex offenders (approximately 16% of our prison population), and half of them are located at LCC, that facility only offers S.T.O.P to offenders serving their last and final sentence. At other institutions, S.T.O.P. is offered to all convicted sex offenders. For inmates who do not make parole, an aftercare treatment regime is also offered. S.T.O.P. is funded by a rape prevention subgrant issued to NDOC by the Nevada Health Division, from the Center for Disease Control.

Community Supervision and Tracking

Convicted sex offenders must provide DNA samples for the use of law enforcement in investigating crimes. Before release, all convicted sex offenders in Nevada are ranked into one of three tiers, according to the nature of their crime and the level of supervision and public notification their crime warrants. All sex offenders in Nevada are required by law to register with law enforcement in any community in which they reside. They are subject to lifetime supervision by the Division of Parole and Probation.

Below are some of the Nevada Revised Statutes that govern the Psych Panel process and sex offenders:

Prisoners required to be certified by panel before release on parole; recertification required if prisoner returns to custody; revocation of certification; immunity.

1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

(a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;

(b) The director of the department of corrections or his designee; and

certifies that the prisoner was under observation while confined in an institution of the department of corrections and does not represent a high risk to re-offend based upon a currently accepted standard of assessment.

2. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of corrections may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

4. This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.

5. The provisions of this section apply to a prisoner convicted of any of the following offenses:

(a) Sexual assault pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Lewdness with a child pursuant to NRS 201.230.

(k) Sexual penetration of a dead human body pursuant to NRS 201.450.

(l) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

(m) An attempt to commit an offense listed in paragraphs (a) to (m), inclusive.

(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

(Added to NRS by 1997, 2506; A 1999, 108; 2001, 1640, 2799; 2001 Special Session, 201)

NRS 213.1243 Release of sex offender: Program of lifetime supervision.

1. The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

2. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110.

3. A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

(Added to NRS by 1995, 415; A 1997, 512, 1189)

NRS 213.1245 Prisoner convicted of sexual offense: Mandatory conditions of parole.

1. Except as otherwise provided in subsection 3, if the board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

(a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee;

(b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the parolee;

(d) Participate in and complete a program of professional counseling approved by the division;

(e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance;

(f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee;

(g) Abstain from consuming, possessing or having under his control any alcohol;

(h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;

(i) Not use aliases or fictitious names;

(j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;

(k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.410 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact;

(l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not be in or near:

(1) A playground, park, school or school grounds;

(2) A motion picture theater; or

(3) A business that primarily has children as customers or conducts events that primarily children attend;

(m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

(n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee;

(o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee; and

(p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.

2. A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

(a) The victim or the witness;

(b) The parolee;

(d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

3. 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.

(Added to NRS by 1997, 1685; A 2001, 2068)

NRS 213.1255 Prisoner convicted of sexual offense against child under 14: Additional conditions of parole required when appropriate.

1. 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 wasconvicted of committing an offense listed in subsection 2 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; and

(c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.

2. The provisions of subsection 1 apply to a prisoner who was convictedof:

(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;

(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;

(e) Lewdness with a child pursuant to NRS 201.230;

(f) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony; or

(g) Any combination of the crimes listed in paragraphs (a) to (f), inclusive.

(Added to NRS by 1997, 1722; A 1999, 470; 2001, 1142, 2800)

NRS 213.1258 Conditions relating to computers and use of Internet and other electronic means of communication; powers and duties of board; exceptions.

NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of NRS 201.560, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

2. The board is not required to impose a condition of parole set forth in subsection 1 if the board finds that:

(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;

(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

(a) “Computer” has the meaning ascribed to it in NRS 205.4735.

(b) “Network” has the meaning ascribed to it in NRS 205.4745.

(Added to NRS by 2001, 2798)