Retrial ordered for homeless sex offender
probation officer, Ashley Morgan.
Those conditions included meeting a nightly curfew, subjecting to urinalysis, attending counseling, paying fees and maintaining employment.
But those requirements are not listed in state law governing lifetime supervision, which differ from conditions for offenders on parole or probation.
“Lifetime supervision begins after parole or probation ends,” Nadia Hojjat, a deputy in the Clark County public defender’s office, said Thursday. “Violation of curfew is not in statute.”
The statute for lifetime supervision provides that an offender’s residence must be approved by a parole and probation officer and meet restrictions on proximity to schools and other places frequented by chil- dren.
“What is not included … is any suggestion that additional conditions may be imposed, and without an explicit grant of authority, we presume the admission to be deliberate,” Justice Michael Douglas said, writing for the court.
According to court records, McNeill was under supervision for five years when he was reassigned to Mangan in 2013. She established a curfew, requiring McNeill be at his “residence” between 5 p.m. and 5 a.m., a restriction later amended to begin at 8 p.m. Because McNeill was homeless, the residence was near an intersection of two streets.
When Mangan couldn’t find him, McNeill drew her a map of where he was sleeping. The next month he provided a different location and another detailed map.
When McNeill met with Mangan in July 2013, she arrested him for noncompliance, though the state didn’t press charges. The following month when McNeill reported, Mangan asked him to submit to a urinalysis. McNeill refused and said he had no plans to abide by a curfew and would sleep where he chose, documents said.
He didn’t report again and sent a “cease and desist” letter to the Division of Parole and Probation to stop contacting him.
McNeill was charged in March 2014 and convicted by a jury of violating conditions of his supervision. On appeal, he argued he didn’t violate state law, even if he violated the additional conditions imposed by parole and probation. Contact Sandra Chereb at schereb@reviewjournal.com or 775-461-3821. Find @SandraChereb on Twitter.