News

AB 579 Implementation

NEV. –  Assembly Bill 579 (AB 579), aligning Nevada’s sex offender registration laws with the federal requirements of the Adam Walsh Child Protection and Safety Act of 2006, was fully implemented in Nevada on October 1, 2018.  While enacted in 2007, AB 579 was on hold pending the outcome of litigation seeking to find the law unconstitutional.  On April 27, 2018, the Nevada Supreme Court ended such litigation and authorized AB 579 to take effect immediately.

AB 579’s greatest impact is the placement of sex offenders in tier levels. AB 579 eliminates the use of subjective criteria to assign an offender’s tier. Now, tier levels are set by the offender’s conviction and age of the victim. In general, an offender is placed in tier 3 if there was sexual contact with a victim younger than 13 years of age or if the offender was convicted of a sexually violent offense, regardless of the victim’s age.  An offender is placed in tier 2 if convicted of a crime where the victim was at least 13 years of age but less than 18 years of age. All other offenders are placed into tier 1.

An offender’s tier level classification impacts three areas: how often an offender must appear in person to verify registration information; how many years an offender must register; and whether certain tier 1 offenders are exempt from website disclosure.

An offender’s new tier level identifies how often he or she must appear in-person at local law enforcement agencies to provide required information. Under the new law, tier 1 offenders must report annually, tier 2 offenders must report every 180 days, and tier 3 offenders must report every 90 days.

The new tier level classification also denotes the duration a sex offender is required to register. Tier 1 offenders must register for 15 years, tier 2 offenders for 25 years, and tier 3 offenders for their lifetime.

There are approximately 6,863 active registered sex offenders throughout Nevada. The following chart, using October 2018 information, shows how the number of offenders in each tier level changes under AB 579:

Previous classification                                   New Classification

Megan’s Law Tiers                                          AB579 Tiers

*Tier 0 = 1,768

Tier 1 = 2,006                                                     Tier 1 = 1,531

Tier 2 = 3,177                                                     Tier 2 = 2,020

Tier 3 = 264                                                        Tier 3 = 3,312

TOTAL = 7,215                                                  **TOTAL = 6,863

*Tier 0 is for non-felony convictions (Gross misdemeanor or Misdemeanor) and offenders convicted of crimes defined under Megan’s Law “Crimes Against Children”. There is no Tier 0 with AB579.

**The reason for the difference is that some offenders are not required to register under AB 579 or their registration requirements have expired.

Additionally, the Nevada Sex Offender Registration website has been updated.  Now, a sex offender’s employer and / or school’s exact address are listed, where previously only the block number was visible. Also, sex offenders on all tiers will be posted to the website, with the exception of Tier 1s who committed crimes against adults, and juvenile offenders.  Previously, only Tier Level II or Tier Level III offenders were visible on the public website.

A list of frequently asked questions can be referred to at http://www.nvsexoffenders.gov/ website.

For more information, please reference Nevada Revised Statute 179D or contact the Sex Offender Registry Unit at (775) 684-6262 ext. 2 Monday-Friday 8am-5pm or visit www.nvsexoffenders.gov.

Courtesy: Kim Y. Smith, Nevada Department of Public Safety