Sex Offender Program of Professional Counseling

ESTC-176A.410

Tribe: Ely Shoshone Tribe of Nevada

SECTION 176A.410 Required terms and conditions for sex offenders; powers and duties of court; exceptions. 1. Except as otherwise provided in subsection 6, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to SECTION 176A.400, order as a condition of probation or suspension of sentence that the defendant: (a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime. (b) Reside at a location only if: (1) The residence has been approved by the probation officer assigned to the defendant. (2) The defendant keeps the parole and probation officer assigned to the defendant informed of his current address. (c) Accept a position of employment or a position as a volunteer only if it has been approved by the probation officer assigned to the defendant and keep the probation officer informed of the location of his position of employment or position as a volunteer. (d) Abide by any curfew imposed by the probation officer assigned to the defendant. (e) Participate in and complete a program of professional counseling approved by the Department. (f) Submit to periodic tests, as requested by the probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance. (g) Abstain from consuming, possessing or having under his control any alcohol. (h) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 5. (i) Not use aliases or fictitious names. (j) Not obtain a post office box unless the defendant receives permission from the probation officer assigned to the defendant. (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the probation officer assigned to the defendant in advance of each such contact. (l) Unless approved by the probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication. (n) Not possess any sexually explicit material that is deemed inappropriate by the probation officer assigned to the defendant. (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the probation officer assigned to the defendant.

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