The registration of sex offenders has long been controversial. For most offenders, they serve their time and are able to move on with their lives after being released from a period of incarceration or otherwise completing their sentence. While a criminal record can impact job opportunities and future prospects, the typical offender who has been convicted of a crime does not face the level of restrictions or have to cope with the stigma that sex offenders are generally required to deal with.
The justification for forcing sex offenders to be listed on a registry and for providing notification to the communities where registered sex offenders lives comes from a belief that sex offenders have very high recidivism rates. However, this data has been called into question, as the New York Times indicates that the Supreme Court only upheld laws on sex offender registries as a result of an extremely high recidivism rate, the data for which came from a single line in a magazine.
The “evidence” for justifying the sex offender registry based on a high recidivism rate comes from a 1988 manual called A Practitioner’s Guide to Treating the Incarcerated Male Sex Offender, which was put together based on various studies. The Guide indicated the recidivism rate for sex offenders was around 80 percent, but the source of this is an article written in Psychology Today that was written to promote a counseling program for offenders. There is little or no hard evidence to back up this article from which the Supreme Court ultimately got the information about the high recidivism rate of sex offenders.
Because of the fact that there could be misconceptions in existing law and because new evidence and information regularly comes to light as issues are studied more frequently, it is important that laws be based on the latest information and that rules periodically evolve. In the state of Nevada, Chapter 179D, which is the Chapter of Nevada’s code of criminal procedure, calls for the creation of an advisory committee to study laws concerning the registration of sex offenders. This committee can serve an important role, but it is important to understand what it does and to know whether it is working to protect the rights of offenders or not.
LV Criminal Defense understands Nevada laws establishing the committee to study laws concerning the registration of sex offenders and we have carefully reviewed laws on what the committee has been empowered to do. Our legal team also keeps careful tabs on any changes that are being considered for sex offender registration and also monitors any changes that actually do occur in the law. If you are accused of a sex offense or if you have been convicted of a sex offense and you are required to register, you can reach out to our legal team to find out about how the law affects you and about the ways in which our legal team can assist you in protecting your rights.
Give us a call today to talk with a Nevada criminal defense lawyer to learn more.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada’s code of criminal procedure addresses many different rules related to sex offender registration in Chapter 179D. The sections of this Chapter that relate to the creation and operation of an advisory committee to study sex offender registration are found in N.R.S. 179D.130 through N.R.S. 179D.138.
N.R.S. 179D.130 explains exactly what the committee is. The term committee simply refers to the committee that is created under the authority of the relevant sections of Nevada’s code. N.R.S. 179D.132 details how the committee should be created, who the members should be, what happens when there is a vacancy, the number of committee members needed to be present to form a quorum, the salaries of committee members, and the staff that committee members are allowed to have.
According to N.R.S. 179D.132, the committee to study laws on sex offender registry in Nevada should include the Attorney General or person designated by the attorney general who will serve as the chair of the committee; a member of the Nevada state assembly who should be appointed by the Speaker of the Assembly; a member of the Senate who the Majority Leader appoints; a member of the Sheriff’s and Chiefs Joint Association in Nevada; a member appointed by the state’s District Attorneys Association; a public defender who the state bar of Nevada appoints; and a member of an organization who the attorney general has authorized to appoint a committee member.
Committee members will serve a two-year period of time. They will be responsible for carrying out the duties of the committee, as defined in NR.S. 179D.136. The duties of the committee include identifying issues and studying issues related to state and federal laws on sex offender registration, preparing a report, and submitting the report to the Legislative Commission. Committee members must hold meetings at least twice annually and they must also hold additional meetings as deemed necessary by the committee’s chair, according to N.R.S. 179D.132.
The recommendations and report made by the Committee can help to shape laws on sex offender registration, which can in turn impact the lives of every defendant who has been accused of a crime that would necessitate registering as a sex offender.
A Nevada criminal defense lawyer at LV Criminal Defense will help you to do everything possible to fight against conviction so sex offender registry will not be an issue that you need to worry about. We can also provide you with guidance on the rules that affect you if you are a registered offender.
You don’t want to face any more legal consequences than necessary when you are involved with the criminal justice system, especially when you are facing serious charges related to sex offenses. Give us a call today to find out about the ways in which we can help you to protect your reputation, freedom and future.