As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 179B.020
to 179B.140 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1644; A 1999, 1288 ; 2003, 2829 ; 2005, 2868 )
“Central Repository”
means the Central Repository for Nevada Records of Criminal History.
(Added to NRS by 1997, 1644)
[Effective
July 1, 2006.] “Community notification website” means the website on the
Internet established and maintained by the Department pursuant to NRS
179B.250 .
(Added to NRS by 2005, 2867 )
“Convicted” has the meaning
ascribed to it in NRS 179D.035 .
(Added to NRS by 1999, 1288 )
“Crime against a
child” has the meaning ascribed to it in NRS 179D.210 .
(Added to NRS by 1997, 1644)
“Department” means the
Department of Public Safety.
(Added to NRS by 1997, 1644; A 2001, 2578 )
“Director” means the Director of
the Department.
(Added to NRS by 1997, 1644)
“Division” means the Division of
Parole and Probation of the Department.
(Added to NRS by 1997, 1644)
“Law enforcement
officer” includes, but is not limited to:
1. A prosecuting attorney or an attorney from the Office of the
Attorney General;
2. A sheriff of a county or his deputy;
3. An officer of a metropolitan police department or a police
department of an incorporated city;
4. An officer of the Division;
5. An officer of the Department of Corrections;
6. An officer of a law enforcement agency from another
jurisdiction; or
7. Any other person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360 ,
inclusive, if the person is seeking information as part of a criminal
investigation.
(Added to NRS by 1997, 1644; A 2001 Special Session, 225 )
“Offender” means a sex offender
or an offender convicted of a crime against a child.
(Added to NRS by 2003, 2829 )
“Offender convicted of a crime against a child” has the meaning
ascribed to it in NRS 179D.216 .
(Added to NRS by 1999, 1288 )
[Effective through June 30, 2006.]
“Program” means the program established within the Central Repository
pursuant to NRS 179B.250 to provide
the public with access to certain information contained in the statewide
registry.
(Added to NRS by 1997, 1645; R 2005, 2890 , effective July 1, 2006)
“Record of
registration” means a record of registration that contains the
information required by NRS 179D.150 .
(Added to NRS by 1997, 1645)
[Effective through June 30,
2006.] “Requester” means a person who requests information from the
program.
(Added to NRS by 1997, 1645)
[Effective July 1, 2006.]
“Requester” means a person who requests information from the community
notification website.
(Added to NRS by 1997, 1645; A 2005, 2868 , effective July 1, 2006)
“Sex offender” has the
meaning ascribed to it in NRS 179D.400 .
(Added to NRS by 1997, 1645)
“Statewide registry”
means the statewide registry of sex offenders and offenders convicted of
a crime against a child established within the central repository
pursuant to NRS 179B.200 .
(Added to NRS by 1997, 1645)
“Subject of the
search” means the person about whom a requester seeks information.
(Added to NRS by 1997, 1645)
ESTABLISHMENT AND CONTENTS
1. The Director shall establish within the Central Repository a
statewide registry of sex offenders and offenders convicted of a crime
against a child that consists of the record of registration for each such
offender and all other information concerning each such offender that is
obtained pursuant to law.
2. The statewide registry must be organized so that a law
enforcement officer may search the records of registration in the
registry by entering certain search information, including, but not
limited to:
(a) A name, alias, physical description or address of an offender.
(b) A geographic location where an offense was committed.
(c) The age, gender, race or general physical description of a
victim.
(d) The method of operation used by an offender, including, but not
limited to:
(1) The specific sexual acts committed against a victim;
(2) The method of obtaining access to a victim, such as the
use of enticements, threats, forced entry or violence against a victim;
(3) The type of injuries inflicted on a victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or
personality of an offender.
3. Except as otherwise provided in this subsection or by specific
statute, information in the statewide registry may be accessed only by a
law enforcement officer in the regular course of his duties and officers
and employees of the Central Repository. The Director may permit the
following persons to have access to information in the statewide registry:
(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or
employee of a governmental agency that is investigating the background of
a person for the purposes of employment.
(b) Any other person for the limited purposes of research or
statistical analysis.
4. Information contained in the statewide registry, including, but
not limited to, the record of registration of an offender, shall be
deemed a record of criminal history only for the purposes of those
provisions of chapter 179A of NRS that are
consistent with the provisions of this chapter.
(Added to NRS by 1997, 1645; A 1999, 1288 )
PUBLIC ACCESS TO CERTAIN INFORMATION
[Effective through June 30, 2006.]
1. The Department shall, in a manner prescribed by the Director,
establish within the Central Repository a program to provide the public
with access to certain information contained in the statewide registry.
The program may include, but is not limited to, the use of a secure
website on the Internet or other electronic means of communication to
provide the public with access to certain information contained in the
statewide registry if such information is made available and disclosed in
accordance with the procedures set forth in this section.
2. For each inquiry to the program, the requester must provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work or school of the
subject of the search; or
(d) Any other information concerning the identity or location of
the subject of the search that is deemed sufficient in the discretion of
the Department.
3. For each inquiry to the program, made by the requester, the
Central Repository shall:
(a) Explain the levels of notification that are assigned to sex
offenders pursuant to NRS 179D.730 ;
and
(b) Explain that the Central Repository is prohibited by law from
disclosing information concerning certain offenders, even if those
offenders are listed in the statewide registry.
4. If an offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search, the Central Repository:
(a) Shall disclose to the requester information concerning an
offender who is assigned a Tier 3 level of notification.
(b) Except as otherwise provided in this paragraph, may, in the
discretion of the Department, disclose to the requester information
concerning an offender who is assigned a Tier 2 level of notification.
The Central Repository shall not disclose to the requester information
concerning an offender who is assigned a Tier 2 level of notification if
the offender:
(1) Has been released from actual custody for 10 years or
more; and
(2) Has not been convicted of committing a sexual offense
during the immediately preceding 10 years.
(c) Shall not disclose to the requester information concerning an
offender who is assigned a Tier 1 level of notification.
5. After each inquiry to the program made by the requester, the
Central Repository shall inform the requester that:
(a) No offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search;
(b) The search of the statewide registry has not produced
information that is available to the public through the statewide
registry;
(c) The requester needs to provide additional information
concerning the identity or location of the subject of the search before
the Central Repository may disclose the results of the search; or
(d) An offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search. If a search of the statewide registry
results in a match pursuant to this paragraph, the Central Repository:
(1) Shall inform the requester of the name or any alias of
the offender and the zip codes of the residence, work place and school of
the offender.
(2) Shall inform the requester of each offense for which the
offender was convicted, describing each offense in language that is
understandable to the ordinary layperson, and the date and location of
each conviction.
(3) Shall inform the requester of the age of the victim and
offender at the time of each offense.
(4) May, through the use of a secure website on the Internet
or other electronic means of communication, provide the requester with a
photographic image of the offender if such an image is available.
(5) Shall not provide the requester with any other
information that is included in the record of registration for the
offender.
6. For each inquiry to the program, the Central Repository shall
maintain a log of the information provided by the requester to the
Central Repository and the information provided by the Central Repository
to the requester.
7. A person may not use information obtained through the program
as a substitute for information relating to the offenses listed in
subsection 4 of NRS 179A.190 that
must be provided by the Central Repository pursuant to NRS 179A.180
to 179A.240 , inclusive, or another provision of law.
8. The provisions of this section do not prevent law enforcement
officers, the Central Repository and its officers and employees, or any
other person from:
(a) Accessing information in the statewide registry pursuant to NRS
179B.200 ;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.
(Added to NRS by 1997, 1646; A 1999, 1289 ; 2003, 2829 , 2845 )
[Effective July 1, 2006.]
1. The Department shall establish and maintain within the Central
Repository a community notification website to provide the public with
access to certain information contained in the statewide registry in
accordance with the procedures set forth in this section.
2. For each inquiry to the community notification website, the
requester must provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work or school of the
subject of the search; or
(d) Any other information concerning the identity or location of
the subject of the search that is deemed sufficient in the discretion of
the Department.
3. For each inquiry to the community notification website made by
the requester, the Central Repository shall:
(a) Explain the levels of notification that are assigned to sex
offenders pursuant to NRS 179D.730 ;
and
(b) Explain that the Central Repository is prohibited by law from
disclosing information concerning certain offenders, even if those
offenders are listed in the statewide registry.
4. If an offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search, the Central Repository:
(a) Shall disclose to the requester information concerning an
offender who is assigned a Tier 2 or Tier 3 level of notification.
(b) Shall not disclose to the requester information concerning an
offender who is assigned a Tier 1 level of notification.
5. After each inquiry to the community notification website made
by the requester, the Central Repository shall inform the requester that:
(a) No offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search;
(b) The search of the statewide registry has not produced
information that is available to the public through the statewide
registry;
(c) The requester needs to provide additional information
concerning the identity or location of the subject of the search before
the Central Repository may disclose the results of the search; or
(d) An offender listed in the statewide registry matches the
information provided by the requester concerning the identity or location
of the subject of the search. If a search of the statewide registry
results in a match pursuant to this paragraph, the Central Repository
shall provide the requester with the following information:
(1) The name of the offender and all aliases that the
offender has used or under which the offender has been known.
(2) A complete physical description of the offender.
(3) A current photograph of the offender.
(4) The year of birth of the offender.
(5) The complete address of any residence at which the
offender resides.
(6) The number of the street block, but not the specific
street number, of any location where the offender is currently:
(I) A student, as defined in NRS 179D.110 ; or
(II) A worker, as defined in NRS 179D.120 .
(7) The following information for each offense for which the
offender has been convicted:
(I) The offense that was committed, including a
citation to the specific statute that the offender violated.
(II) The court in which the offender was convicted.
(III) The name under which the offender was convicted.
(IV) The name and location of each penal institution,
school, hospital, mental facility or other institution to which the
offender was committed for the offense.
(V) The city, township or county where the offense was
committed.
(8) The tier level of notification assigned to the offender.
6. If a search of the statewide registry results in a match
pursuant to paragraph (d) of subsection 5, the Central Repository shall
not provide the requester with any information that is included in the
record of registration for the offender other than the information
required pursuant to paragraph (d) of subsection 5.
7. For each inquiry to the community notification website, the
Central Repository shall maintain a log of the information provided by
the requester to the Central Repository and the information provided by
the Central Repository to the requester.
8. A person may not use information obtained through the community
notification website as a substitute for information relating to the
offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central
Repository pursuant to NRS 179A.180
to 179A.240 , inclusive, or another
provision of law.
9. The provisions of this section do not prevent law enforcement
officers, the Central Repository and its officers and employees, or any
other person from:
(a) Accessing information in the statewide registry pursuant to NRS
179B.200 ;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.
(Added to NRS by 1997, 1646; A 1999, 1289 ; 2003, 2829 , 2845 ; 2005, 2868 , effective July 1, 2006)
[Effective July
1, 2006.] Except as otherwise authorized pursuant to specific statute, a
person shall not use information obtained from the community notification
website for any purpose related to any of the following:
1. Insurance, including health insurance.
2. Loans.
3. Credit.
4. Employment.
5. Education, scholarships or fellowships.
6. Housing or accommodations.
7. Benefits, privileges or services provided by any business
establishment.
(Added to NRS by 2005, 2867 )
[Effective
July 1, 2006.] Any person who uses information obtained from the
community notification website in violation of the provisions of NRS
179B.250 or 179B.270 is liable:
1. In a civil action brought by or on behalf of a person injured
by the violation, for damages, attorney’s fees and costs incurred as the
result of the violation; and
2. In a civil action brought in the name of the State of Nevada by
the Attorney General, for a civil penalty not to exceed $25,000 and for
the costs of the action, including investigative costs and attorney’s
fees.
(Added to NRS by 2005, 2868 )
[Effective July 1, 2006.]
1. If there is reasonable cause to believe that a person or group
of persons has engaged in or is about to engage in any act or practice,
or any pattern of acts or practices, which involves the use of
information obtained from the community notification website and which
violates any provision of this section, NRS 179B.250 , 179B.270 or 179B.280 , the Attorney General may file an action for
injunctive relief in the appropriate district court to prevent the
occurrence or continuance of that act or practice or pattern of acts or
practices.
2. An injunction pursuant to this section:
(a) May be issued without proof of actual damage sustained by any
person; and
(b) Does not preclude or affect the availability of any other
remedy including, without limitation, the criminal prosecution of a
violator or the filing or maintenance of a civil action for damages or a
civil penalty pursuant to NRS 179B.280 .
(Added to NRS by 2005, 2868 )
LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION
[Effective through
June 30, 2006.]
1. Information in the statewide registry that is accessed or
disclosed pursuant to the provisions of this chapter must not reveal the
name of an individual victim of an offense.
2. The Central Repository and its officers and employees are
immune from criminal or civil liability for an act or omission relating
to information obtained, maintained or disclosed pursuant to the
provisions of this chapter, including, but not limited to, an act or
omission relating to:
(a) The accuracy of information in the statewide registry; or
(b) The disclosure of or the failure to disclose information in the
statewide registry.
3. A law enforcement agency and its officers and employees are
immune from criminal or civil liability for an act or omission relating
to information obtained pursuant to the provisions of this chapter,
including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the statewide
registry; or
(b) The disclosure of or the failure to disclose information
obtained from the statewide registry.
(Added to NRS by 1997, 1647)
[Effective July 1,
2006.]
1. Information in the statewide registry, including information in
the community notification website, that is accessed or disclosed
pursuant to the provisions of this chapter must not reveal the name of an
individual victim of an offense.
2. The Central Repository and its officers and employees are
immune from criminal or civil liability for an act or omission relating
to information obtained, maintained or disclosed pursuant to the
provisions of this chapter, including, but not limited to, an act or
omission relating to:
(a) The accuracy of information in the statewide registry; or
(b) The disclosure of or the failure to disclose information in the
statewide registry.
3. A law enforcement agency and its officers and employees are
immune from criminal or civil liability for an act or omission relating
to information obtained pursuant to the provisions of this chapter,
including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the statewide
registry; or
(b) The disclosure of or the failure to disclose information
obtained from the statewide registry.
(Added to NRS by 1997, 1647; A 2005, 2870 , effective July 1, 2006)
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