179B.250 - Establishment, maintenance and content of website; information to be included with each inquiry; duties, authorizations and prohibitions of Central Repository.
179B.250 Establishment, maintenance and content of website; information to be included with each inquiry; duties, authorizations and prohibitions of Central Repository.
1. The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.
2. The community notification website must:
(a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;
(b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;
(c) Include, to the extent practicable, links to sex offender safety and education resources;
(d) Include instructions on how to seek correction of information that a person contends is erroneous; and
(e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.
3. For each inquiry to the community notification website, the requester may provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work or school of the subject of the search; or
(d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.
4. For each inquiry to the community notification website made by the requester, the Central Repository shall:
(a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and
(b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.
5. If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository shall disclose to the requester information in the statewide registry concerning the offender as provided pursuant to subsection 6.
6. After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:
(a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;
(b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or
(c) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:
(1) The name of the offender and all aliases that the offender has used or under which the offender has been known.
(2) A complete physical description of the offender.
(3) A current photograph of the offender.
(4) The year of birth of the offender.
(5) The complete address of any residence at which the offender resides or will reside.
(6) The address of any location where the offender is or will be:
(I) A student, as defined in NRS 179D.110; or
(II) A worker, as defined in NRS 179D.120.
(7) The license plate number and a description of any motor vehicle owned or operated by the offender.
(8) The following information for each offense for which the offender has been convicted:
(I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.
(II) The court in which the offender was convicted.
(III) The name under which the offender was convicted.
(IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.
(V) The city, township or county where the offense was committed.
(9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(10) Any other information required by federal law.
7. If a search of the statewide registry results in a match pursuant to paragraph (c) of subsection 6, the Central Repository shall not provide the requester with:
(a) The identity of any victim of a sexual offense or crime against a child;
(b) Any information relating to a Tier I offender unless the offender has been convicted of a sexual offense against a child or a crime against a child;
(c) The social security number of the offender;
(d) The name of any location where the offender is or will be:
(1) A student, as defined in NRS 179D.110; or
(2) A worker, as defined in NRS 179D.120;
(e) Any reference to arrests of the offender that did not result in conviction;
(f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6; or
(g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.
8. For each inquiry to the community notification website, the Central Repository shall maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester.
9. A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.
10. The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:
(a) Accessing information in the statewide registry pursuant to NRS 179B.200;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.
11. As used in this section, “Tier I offender” has the meaning ascribed to it in NRS 179D.113.
(Added to NRS by 1997, 1646; A 1999, 1289; 2003, 2829, 2845; 2005, 2868; 2007, 2754)