Families Affirming Community Safety (FACTS)

December 4, 2009

Nebraska Sex Offender Law Changes

Filed under: Uncategorized — constitutionaldefense @ 10:07 am

From:  http://www.nsp.state.ne.us/SOR/

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 prior to release from incarceration (local or state), or at a law enforcement agency with AFIS (automated fingerprint systems). In addition to the current registration data collected, the required information will also include:

  1. ALL addresses that he or she lives or frequents
  2. All employment locations
  3. All school information
  4. Travel & immigration documents
  5. Professional licensees or certificates
  6. Remote communication device identifiers/addresses
  7. Email addresses, chat room id, etc
  8. Signed consent form to search (if 6 or 7 is provided)
  9. DNA sample
  10. 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 current law, offenders must register for 10 years or life.  Registration duration period will change to 15 year, 25 year or life as follows under the new law effect January 1, 2010 and will apply to all sex offenders currently registered and 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)

(iii) 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 since the classification or “risk levels” will no longer be used and 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 and 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 forms have been updated and will be disseminated accordingly before the end of the year.

For more information on LB285 you may visit the Nebraska Legislature web site http://nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB285.pdf.

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