Pursuant to Nevada’s wrongful conviction statute, I believe they “accidentally” confirmed sex offender registration is punitive as follows:
NRS 41.950 Award of damages and other relief.
1. In an action brought pursuant to NRS 41.900 which results in the court entering a certificate of innocence pursuant to NRS 41.910, the court shall award the person:
(a) If the person was imprisoned for:
(1) One to 10 years, $50,000 for each year of imprisonment;
(2) Eleven to 20 years, $75,000 for each year of imprisonment; or
(3) Twenty-one years or more, $100,000 for each year of imprisonment; and
(b) Not less than $25,000 for each year the person was on parole or not less than $25,000 for each year the person was required to register as a sex offender, whichever period of time was greater.
Here, parole is compensated, certainly, as parole is custody and punishment. However, sex offender registration is also included, and with the same amount of compensation as parole. That equates parole-punishment to registration. That is a clear admission, not even intentionally, that sex offender registration IS punishment. Therefore, as a its supposed to be considered a non-punitive collateral consequence of conviction, Nevada has admitted sex offender registration is punishment, and therefore admitting registration is unconstitutional.
I ask the panel to recognize that sex offender registration is so obviously punitive to the average person, it written into law subconsciously.