The ACLU of Nevada Wins Temporary Stay of New Sex Offender Laws

On June 30, 2008, the ACLU of Nevada won a preliminary injunction in federal court temporarily staying changes to sex offender laws that would have made it harder to track truly dangerous offenders and violate both the U.S. and Nevada Constitutions.

On July 1, 2008, SB471 and AB579 were scheduled to go into effect, and the bills would have drastically changed Nevada’s existing sex offender laws. Sex offenders who committed even misdemeanors with any sexual element since July 1, 1956 would have fallen within the purview of registration and some notification provisions. Many, many rehabilitated, low risk offenders whom the state of Nevada determined to be unlikely to reoffend would have retroactively become Tier 3 – “high risk” – offenders based solely on the crime committed. Those offenders would also have been subject to widespread community notification. Further, Parole and Probation was also imposing severe movement and residency restrictions retroactively on some offenders.

The ACLU does not oppose tough sex offender laws, but, by drawing attention away from offenders who are a known high risk – some of whom would have been reclassified as low risk offenders – SB471 and AB579’s changes would have jeopardized public safety. In addition, by retroactively imposing terms on offenders who were known to be low risk and giving people no means to challenge the laws even if they were misapplied, the laws would have violated numerous constitutional provisions – such as the ex post facto, due process, and takings clauses. Further, the laws are so confusing that the Attorney General’s office itself has repeatedly changed its position on the laws. Nobody seems to understand what they mean and how they apply. The ACLU is very concerned that, if the Nevada legislature is allowed to impose laws retroactively in this context, it will pass other laws that take effect retroactively and violate the Constitution. Further, laws must be clear so that people are able to comply with them.

The State of Nevada appears to have passed the bills to comply with the federal Adam Walsh Act in order to prevent a cut in federal funding. But, it now seems that the bills will cost the State of Nevada far more than it saves. And the federal Adam Walsh Act is also now falling apart at the seams; the federal government’s power to enact the bills is questionable at best.

Please be advised that the stay is temporary and will remain in effect until the case is heard in federal court at the end of August. The ACLU of Nevada hopes to win permanent relief that strikes down SB471 and AB579, but encourages offenders to obtain private counsel if they have questions about the laws or wish to challenge them as they apply to them. The ACLU of Nevada is not taking additional plaintiffs at this time and cannot provide any individual advice or other assistance regarding the sex offender laws, and the information in this post does not constitute legal advice of any kind.