NV- New Nevada law reclassifies sex offenders by crime

See companion article same issue HERE

6-22-2008 Nevada:

A new law set to take effect in Nevada next month is being challenged in court by sex offenders who say the state’s new classification system to track them makes some people seem more dangerous than they really are.

The law would classify offenders by the crime they committed instead of their assessed risk of re-offending. That means that some offenders could face stricter rules even if authorities believe they have a low risk of committing another sexual crime.

The law puts Nevada in accord with federal legislation passed in 2006 that called on states to categorize sex offenders in the same way.

Randall Roske, a lawyer who has filed suit on behalf of an offender who would face tough new restrictions once the law takes effect, said the new law is unconstitutional.

“This new law will do nothing better to protect the public,” Roske said. “It’s a waste of resources and will demonize a group of people who are trying to put the past behind them and are not a risk to society.”

The lawsuit does not name the offender, but he is identified as a man who was convicted as a 20-year-old Marine in 1984 for raping a 20-year-old female soldier in the barracks while he was drunk.

Under the current laws, Roske’s client is considered by authorities as a low risk to re-offend, meaning his information is only shared with law enforcement, courts and prosecutors. His information is not posted on the state’s Web database of sex offenders.

The new law would force him to report to authorities every three months, give fingerprints and make his photo and personal information available on the Web.
Lt. Adam Page of the Division of Parole and Probation in the Department of Public Safety said the law helps keep information among each state consistent, but could be tough on offenders who have been staying out of trouble.

“These offenders know how to keep their nose clean, and all of a sudden they’re pulling the rug out from under them,” said Page. “They have to move or possibly be put on GPS. It’s changing overnight for these sex offenders and it’s through no fault of their own. I can see how they’d be upset about it.”

Democratic Assemblyman Bernie Anderson of Sparks says people have a right to know if sex offenders are living in their neighborhood.

“Sex offenders, especially pedophiles, are not changing their behavior,” he said.

David Parks, a Democratic assemblyman who was chairman of the committee that introduced Nevada’s bill, said the state would have lost about $3 million in federal grant money if it didn’t fall in line with the federal law within three years.

Two other sex offenders in Nevada have filed suit to challenge the new law. Their lawyer, Richard Schonfeld, said the law was unconstitutional. ..News Source.. by Reno Gazette Journal