Nebraska State Statute 29-4002 declares that sex offenders present a high risk
to commit repeat offenses and that efforts of law enforcement agencies to
protect their communities, conduct investigations, and quickly apprehend sex
offenders are impaired by the lack of available information about individuals
who have pleaded guilty to or have been found guilty of sex offenses and who
live in their jurisdiction. Because of that, the legislature determined that
state policy should assist efforts of local law enforcement agencies to protect
their communities by requiring sex offenders to register with local law
enforcement agencies as provided by the Sex Offender Registration Act.
This information is to be used to provide public notice and information about a
registrant so a community can develop constructive plans to prepare themselves
and their family. Sex Offenders have "always" been in our
communities. The notification process will remove their ability to
act secretly.
Sex offender registry information shall not be used to retaliate against the
registrants, their families, or their employers in any
way. Vandalism, verbal or written threats of harm are illegal and
will result in arrest and prosecution.
New
Sex Offender Registration Law effective Jan 1, 2010
May
29, 2009, the Nebraska legislature passed LB285 which amended the Nebraska Sex
Offender Registration Act in an attempt to become compliant with the Adam
Walsh Act.
New
Reporting Requirements
All offenders will be required to register in 3 days at a Nebraska State Patrol location
or designate law enforcement agency with AFIS (automated fingerprint systems) or prior to release from
incarceration (local or state). In addition to the current registration data
collected, the required information will also include:
-
ALL addresses that he or she
lives or frequents
-
All employment locations
-
All school information
-
Travel & immigration
documents
-
Professional licensees or
certificates
-
Remote communication device
identifiers/addresses
-
Email addresses, chat room id,
etc
-
Signed consent form to search
(if 6 or 7 is provided)
-
DNA sample
-
Palm prints in addition to
fingerprints
All registration changes will
take place in person at the sheriffs’ offices.
The offender must report any change in residence/temporary residence,
employment, or school on an approved form (NSP792).
Anyone required to register is
required to report each email address, instant messaging address and any other
Internet communication identifiers they use (i.e. names used in chat rooms,
Facebook, MySpace). Any changes must be submitted within 24 hours.
Providing false information or failing to report a change in 24 hours
may constitute a felony offense.
New
Registration Duration
Under the old
law, offenders had to register for 10 years or life.
The registration duration period will change to 15 years, 25 years or life as
follows under the new law effective January 1, 2010 and those changes will apply to all sex
offenders currently registered and those who were previously registered:
Fifteen
years,
if the sex offender was convicted of a registrable offense under section
29-4003 not punishable by imprisonment for more than one year; (i.e. primarily
misdemeanor offenses)
Twenty-five
years,
if the sex offender was convicted of a registrable offense under section
29-4003 punishable by imprisonment for more than one year; or
(i.e.
primarily non-aggravated felony offenses including attempt/conspiracy)
Life, if the sex offender was convicted of a registrable offense under
section 29-4003 punishable by imprisonment for more than one year and was
convicted of an aggravated offense or had a prior sex offense conviction or has
been determined to be a lifetime registrant in another state, territory,
commonwealth, or other jurisdiction of the United States, by the United States
Government, by court-martial or other military tribunal, or by a foreign
jurisdiction. (i.e. primarily aggravated felony offenses = force/drugged
victim/disabled victim/victim <13, including attempt/conspiracy; felony or
misdemeanor repeat offenders)
New
Verification Process
The
verification schedule will be determined by the registration duration time.
Letters will be mailed to each registered offender (or prior registered
offender) to advise of their verification schedule.
15
year: Required
to report for verification annually in person at the sheriff's office in the
month of the offender’s date of birth.
25
year: Required
to report for verification bi-annually in person at the sheriff's office in the
month of the offender’s date of birth & six months following.
Lifetime:
Required
to report for verification quarterly in person at the sheriff's office in the
month of the offender’s date of birth and every three months thereafter.
New
Community Notification Process
The new law
will post ALL REGISTERED SEX OFFENDERS. The classification or "risk
levels" will no longer be used and all registered sex offenders will be categorized by registration
duration.
New
Penalties
All violations
will be a Felony IV, unless the offender has a prior Felony IV violation
conviction then the subsequent violation will be a Felony III.
New
Forms
One
registration form will be used for registration, changes and verifications.
All registrations, changes and verifications must be completed on this
form by the offender in person at the sheriff’s office.
The forms will be disseminated to all registering agencies before the
end of the year.
All
registration forms, including all the Notification of Registration Responsibilities Under Nebraska Sex Offender Registration Act forms,
have been updated and will be posted on the SOR Private/law enforcement web site.
For
more information on LB285 you may visit the Nebraska Legislature web site
http://nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB285.pdf.