McNeill v. StateAnnotate this Case
Appellant was a convicted sex offender on lifetime supervision. When Appellant had been on lifetime supervision for five years, the State Board of Parole Commissioners imposed additional conditions that were not enumerated in Nev. Rev. Stat. 213.1243. The State later filed a complaint charging Appellant with violation of conditions of lifetime supervision and prohibited acts by a sex offender. The jury found Appellant guilty of violating the conditions of his lifetime supervision. On appeal, Appellant argued that section 213.1243 does not delegate authority to the Board to impose additional supervision conditions not enumerated in the statute, and therefore, he did not violate the statute even if he violated the additional conditions imposed by the Board. The Supreme Court reversed, holding (1) the plain language of section 213.1243 does not grant the Board authority to impose additional conditions, and this omission was intentional; and (2) because the Board-imposed conditions were unlawful and any Board violations cannot be separated from any section 213.1243 violations, the case must be remanded for a new trial.