Parole with a Tier 3 Prisoner Convicted of a Sexual Offense

NRS 213.1255 – Overview of the Conditions for Parole with a Tier 3 Prisoner Convicted of a Sexual Offense against a Child Under the Age of 14

Someone categorized as a “Tier 3” Prisoner has to meet a set of administrative hurdles to qualify for parole. “Tier 3” in this context means a person was convicted of committing a sexual offense and the victim was a minor, specifically under the age of 14.

Summary of How Someone is Categorized as a Tier 3 Offender under Nevada Law

According to NRS 213.1255, a Tier 3 offender is a person who has committed a sexual offense against a child under the age of 14, subsection 6.

Parole of Tier 3 Offender

  1. Conditions for parole are well provided in subsection 4 unless otherwise provided. The State Board requires a Tier 3 offender applying for parole to:
  1. Only reside at a residence that is not situated within 1000 feet of any place. The structure can also be within 1000 feet of any given structure designed for use by children in any capacity such as a park or playground.
  2. Be subjected to active electronic monitoring as considered necessary by the Chief. The electronic monitoring system should identify his or her specific location while on parole. The system should also be capable of producing records and reports of his or her presence within the selected residence or any prohibited location.
  3. Cater for any costs incurred from the electronic monitoring system, as per their ability to pay.
  1. A parolee who is placed under active electronic monitoring shall:
  1. Not tamper with the electronic device and shall follow all instructions provided by the Division to maintain the device.
  2. Report any damage or tampering of the device to the Division within 2 hours of the damage occurrence.
  3. Adhere to all conditions set out by the Division in terms of his or her input during the period of active electronic monitoring.

Unless otherwise provided, a person that knowingly tampers with the monitoring electronic device is guilty of a gross offense. This section does not bar an agent of the Division or a person authorized by the Division from repairing the device.

In a case where extraordinary circumstances are noted present, the Board is not expected to issue a condition of parole listed in subsection 1. The extraordinary conditions shall be stated by the Board in writing.

The Board shall additionally, according to subsection 1, adding to the conditions of parole that are to be imposed as a condition for parole for a prisoner convicted of committing any offense listed under subsection 6 against a minor below the age of 14 years:

  1. Require that the parolee go through psychological counseling.
  2. Only allow the parolee to be alone with a child if an adult who has never been convicted of a sexual offense is present

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Subsections 1 and 5 provisions

The provisions apply to a prisoner who was convicted of:

  • Sexual assault as provided in paragraph (c) of subsection 3 under the NRS 200.366 statute.
  • Abuse or neglect of a minor in accordance to subsection 2 of NRS 200.508
  • A punishable offense under subsection 2 of NRS 200.750
  • Being uncouth with a child according to NRS 201.230
  • Enticing a minor or a person with mental incapacity pursuant to NRS 201.560
  • Any combination of the crimes enlisted under this subsection.

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