## Facts

- Steve Dell McNeill, a convicted sex offender, was subject to lifetime supervision under NRS 213.1243.
- His supervision agreement included conditions such as paying fees, submitting to urinalysis, maintaining full-time employment, and complying with a curfew.
- After reassignment to a new officer, additional or more specific requirements were imposed, including a stricter curfew, limitations on where he could sleep, map-drawing to document sleeping locations, and reenrollment in counseling.
- The State alleged McNeill failed to comply with several requirements (including counseling, curfew, fees, and employment) and later refused a requested urinalysis and stated he would not follow certain curfew and sleeping restrictions.
- The State charged McNeill with violation of conditions of lifetime supervision and related sex-offender prohibited acts.
- The district court denied McNeill’s motion to dismiss, concluding the parole board could impose conditions beyond those enumerated in NRS 213.1243, and a jury convicted him of violating conditions of lifetime supervision.

## Issues

1. Whether NRS 213.1243 authorizes the State Board of Parole Commissioners to impose lifetime-supervision conditions beyond those enumerated in the statute.
2. Whether violation of extra-statutory, board-imposed conditions can serve as the basis for a criminal conviction for violation of lifetime supervision.

## Decision

- The Nevada Supreme Court reversed the conviction and remanded for a new trial.
- The court held the plain language of NRS 213.1243 does not authorize the parole board to impose additional, non-enumerated conditions of lifetime supervision.
- The court concluded the prosecution relied on violations of unlawful, extra-statutory conditions and that the jury’s verdict could not be separated from those invalid conditions.

## Legal Principles

- When a statute enumerates specific conditions, courts generally presume unlisted conditions are excluded absent clear legislative authorization.
- Administrative bodies may not be treated as having authority to create additional criminally enforceable conditions where the Legislature did not grant that power.
- Statutory silence on an agency’s power to add criminally enforceable conditions may be read as an intentional limit to avoid unconstitutional delegation of legislative power.
- If a conviction may rest on invalid legal grounds that cannot be disentangled from valid grounds presented to the jury, the error is not harmless and a new trial is required.

## Conclusion

NRS 213.1243 limits lifetime-supervision conditions to those expressly listed, and extra conditions imposed by the parole board or supervising officers cannot support a criminal conviction; because the invalid conditions were intertwined with the case presented to the jury, the conviction was reversed and the case remanded for a new trial.


McNeill v. State, 375 P.3d 1022 (Nev. 2016)