Madison County Sheriff's Department

§ 29-4001. Act, how cited.

Sections 29-4001 to 29-4014 shall be known and may be cited as the Sex Offender Registration Act.

§ 29-4002. Legislative findings.

Statute text
The Legislature finds that sex offenders present a high risk to commit repeat offenses. The Legislature further finds 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, work, or attend school in their jurisdiction. The Legislature further finds 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.

§ 29-4003. Applicability of act.

(1) Except as provided in subsection (2) of this section, the Sex Offender Registration Act shall apply to any person who on or after January 1, 1997:
(a) Pleads guilty to or is found guilty of:
(i) Kidnapping of a minor pursuant to section 28-313, except when the person is the parent of the minor and was not convicted of any other offense in this section;
(ii) False imprisonment of a minor pursuant to section 28-314 or 28-315;
(iii) Sexual assault pursuant to section 28-319 or 28-320;
(iv) Sexual assault of a child in the second or third degree pursuant to section 28-320.01;
(v) Sexual assault of a child in the first degree pursuant to section 28-319.01;
(vi) Sexual assault of a vulnerable adult pursuant to subdivision (1)(c) of section 28-386;
(vii) Incest of a minor pursuant to section 28-703;
(viii) Pandering of a minor pursuant to section 28-802;
(ix) Visual depiction of sexually explicit conduct of a child pursuant to section 28-1463.03 or 28-1463.05;
(x) Knowingly possessing any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers pursuant to section 28-813.01;
(xi) Criminal child enticement pursuant to section 28-311;
(xii) Child enticement by means of a computer pursuant to section 28-320.02;
(xiii) Debauching a minor pursuant to section 28-805; or
(xiv) Attempt, solicitation, or conspiracy to commit an offense listed in subdivisions (1)(a)(i) through (1)(a)(xiii) of this section;
(b) Enters the state and has pleaded guilty to or has been found guilty of any offense that is substantially equivalent to a registrable offense under subdivision (1)(a) of this section by any state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, or by court-martial or other military tribunal, notwithstanding a procedure comparable in effect to that described under section 29-2264 or any other procedure to nullify a conviction other than by pardon;
(c) Is incarcerated in a jail, a penal or correctional facility, or any other public or private institution or is under probation or parole as a result of pleading guilty to or being found guilty of a registrable offense under subdivision (1)(a) or (b) of this section prior to January 1, 1997; or
(d) Enters the state and is required to register as a sex offender under the laws of another state, territory, commonwealth, or other jurisdiction of the United States.
(2) In the case of a person convicted of a violation of section 28-313, 28-314, 28-315, or 28-805, the convicted person shall be subject to the Sex Offender Registration Act, unless the sentencing court determines at the time of sentencing, in light of all the facts, that the convicted person is not subject to the act. The sentencing court shall make such determination part of the sentencing order.
(3) A person appealing a conviction of a registrable offense under this section shall be required to comply with the act during the appeals process.

§ 29-4004. Registration; sheriff; duties; Nebraska State Patrol; duties.

(1) Any person subject to the Sex Offender Registration Act shall register with the sheriff of the county in which the person resides or is temporarily domiciled within five working days of becoming subject to the act.
(2) Any person required to register under the act shall inform the sheriff of the county in which he or she resides, in writing, if he or she has a new address within such county within five working days after the address change. The sheriff shall forward such information to the sex offender registration and community notification division of the Nebraska State Patrol within five working days after receipt of the new address.
(3) Any person required to register under the act shall inform the sheriff of the county in which he or she resides, in writing, if he or she has a new address in a different county in this state within five working days after the address change. The sheriff shall forward the new address to the sex offender registration and community notification division of the Nebraska State Patrol within five working days after receipt of the new address. The division shall notify the sheriff of the county to which the person is relocating of the new address. The person shall report to the county sheriff of his or her new county of residence and register with such county sheriff within five working days after the address change.
(4) Any person required to register under the act shall inform the sheriff of the county in which he or she resides, in writing, if he or she moves to a new out-of-state address within five working days after the address change. The sheriff shall forward the new out-of-state address to the sex offender registration and notification division of the Nebraska State Patrol within five working days after receipt of the new out-of-state address. The division shall forward the new out-of-state address to the other state's central repository for sex offender registration.
(5) Any person required to register under the act who is residing in another state or is temporarily domiciled in another state, and is employed, carries on a vocation, or attends school in this state shall report and register with the sheriff of the county in which he or she is employed, carries on a vocation, or attends school in this state within five working days after becoming employed, carrying on a vocation, or attending school. The person shall also notify the sheriff of any changes in employment, vocation, or school of attendance, in writing, within five working days after the change. The sheriff shall forward this information to the sex offender registration and community notification division of the Nebraska State Patrol within five working days after receipt of such information. For purposes of this subsection:
(a) Attends school means enrollment in any educational institution in this state on a full-time or part-time basis;
(b) Is employed or carries on a vocation means any full-time or part-time employment, with or without compensation, which lasts for a duration of more than fourteen days or for an aggregate period exceeding thirty days in a calendar year; and
(c) Temporarily domiciled means a place at which the person actually lives or stays on a temporary basis even though he or she may plan to return to his or her permanent address or to another temporary address. For purposes of this section, a temporary domicile means any place at which the person actually lives or stays for a period of at least five working days.
(6) Any person incarcerated for a registrable offense under section 29-4003 in a jail, penal or correctional facility, or other public or private institution who is not already registered shall be registered by the jail, penal or correctional facility, or public or private institution prior to his or her discharge, parole, furlough, work release, or release. The person shall be informed and information shall be obtained as required in section 29-4006.
(7) Any person required to register under the act shall inform the sheriff of the county in which he or she resides, in writing, of each postsecondary educational institution at which he or she is employed, carries on a vocation, or attends school, within five working days after such employment or attendance. The person shall also notify the sheriff of any change in such employment or attendance status at the postsecondary educational institution, in writing, within five working days after such change. The sheriff shall forward the information regarding such employment or attendance to the sex offender registration and community notification division of the Nebraska State Patrol within five working days after receipt of the information.
(8) Any person required to register or who is registered under the act, but is incarcerated for more than five days, whether or not in his or her own county of residence or temporary domicile, shall inform the sheriff of the county in which such person would reside or would be temporarily domiciled if he or she was not incarcerated, within five working days after incarceration, of his or her incarceration and his or her expected release date, if any such date is available. The sheriff shall forward the information regarding incarceration to the sex offender registration and community notification division of the Nebraska State Patrol within five working days after receipt of the information.
(9) Any person required to register or who is registered under the act who no longer has a residence or temporary domicile shall notify the county sheriff in which he or she is located, in writing, within five working days after such change in residence or temporary domicile. Such person shall update his or her registration, in writing, on a form approved by the sex offender registration and community notification division of the Nebraska State Patrol at least once every thirty calendar days during the time he or she remains without residence or temporary domicile.
(10) Each registering entity shall forward all written information, photographs, and fingerprints obtained pursuant to the act to the sex offender registration and community notification division of the Nebraska State Patrol within five working days. The information shall be forwarded on forms furnished by the division. The division shall maintain a central registry of sex offenders required to register under the act.

§ 29-4005. Registration duration; sexually violent predator determination.

(1) Except as provided in subsections (2) and (3) of this section, any person to whom the Sex Offender Registration Act applies shall be required to register during any period of supervised release, probation, or parole and shall continue to comply with the act for a period of ten years after the date of discharge from probation, parole, or supervised release or release from incarceration, whichever date is most recent. The ten-year registration requirement shall not apply to any person while he or she is incarcerated in a jail, a penal or correctional facility, or any other public or private institution. The ten-year registration requirement does not include any time period when any person who is required to register under the act knowingly or willfully fails to comply with such registration requirement.
(2) A person required to register under section 29-4003 shall be required to register under the act for the rest of his or her life if the offense creating the obligation to register is an aggravated offense, if the person has a prior conviction for a registrable offense, or if the person is required to register as a sex offender for the rest of his or her life under the laws of another state, territory, commonwealth, or other jurisdiction of the United States. A sentencing court shall make that fact part of the sentencing order.
(3) (a) When sentencing a person for a registrable offense under section 29-4003, a court may also determine if the person is a sexually violent predator. When making its determination the court shall consider information contained in the presentence report and the recommendation of experts in the behavior and treatment of sex offenders, victims' rights advocates, and representatives of law enforcement agencies.
(b) In addition to complying with the annual verification requirements in section 29-4006 and the lifetime registration requirements of subsection (2) of this section, a person determined to be a sexually violent predator shall verify the registration information quarterly after the initial registration date.
(4) For purposes of this section:
(a) Aggravated offense means any registrable offense under section 29-4003 which involves the penetration of (i) a victim age twelve years or more through the use of force or the threat of serious violence or (ii) a victim under the age of twelve years;
(b) Mental abnormality means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of a criminal sexual act to a degree that makes the person a menace to the health and safety of other persons; and
(c) Sexually violent predator means a person who has been convicted of one or more registrable offenses under section 29-4003 and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at a stranger, or at a person with whom a relationship has been established or promoted, for the primary purpose of victimization.

§ 29-4006. Registration form; contents; verification; name change; duties.

(1) Registration information required by the Sex Offender Registration Act shall be in a form approved by the sex offender registration and community notification division of the Nebraska State Patrol and shall include the following information:
(a) The legal name and all aliases which the person has used or under which the person has been known;
(b) A complete description of the person, including date of birth, social security number, photographs, and fingerprints;
(c) A listing of each registrable offense under section 29-4003 to which the person pleaded guilty or was found guilty, the jurisdiction where each offense was committed, the court in which the person pleaded guilty or was found guilty of each offense, and the name under which the person pleaded guilty or was found guilty of each offense;
(d) The name and location of each jail, penal or correctional facility, or public or private institution to which the person was incarcerated for each offense and the actual time served or confined; and
(e) The address of the person's current residence and place of employment or vocation and any school he or she is attending.
(2) For the duration of the registration period required by the act, registration information shall be verified annually within thirty days after the anniversary date of the person's initial registration date. To properly verify, the following shall occur:
(a) The sex offender registration and community notification division of the Nebraska State Patrol shall mail a nonforwardable verification form to the last-reported address of the person;
(b) The verification form shall be signed by the person and state whether the address last reported to the division is still correct; and
(c) The person shall mail the verification form to the division within ten days after receipt of the form.
(3) If the person fails to complete and mail the verification form to the sex offender registration and community notification division of the Nebraska State Patrol within ten days after receipt of the form, or the form cannot be delivered due to the registrant not being at the address last reported, the person shall be in violation of this section unless the person proves that the address last reported to the division is still correct.
(4) If the person falsifies the registration or verification form, the person shall be in violation of this section.
(5) The requirement to verify the address of a sexually violent predator quarterly as provided in section 29-4005 and the requirement to verify the address of any other registrant annually as required in this section shall not apply during periods of such registrant's incarceration. Address verification shall be resumed as soon as such incarcerated person is placed on any type of supervised release, parole, or probation or is released from incarceration. Prior to any type of release from incarceration, such person shall report the change of address to the sheriff of the county in which he or she is incarcerated and the sheriff of the county in which he or she resides or is temporarily domiciled. The sheriff shall forward the change of address to the sex offender registration and community notification division of the Nebraska State Patrol.
(6) Any person required to register under the Sex Offender Registration Act shall inform the sheriff of any legal change in name, in writing, within five working days after such change, and provide a copy of the legal documentation supporting the change in name. The sheriff shall forward the information to the sex offender registration and community notification division of the Nebraska State Patrol, in writing, within five working days after receipt of the information.