Madison County Sheriff's Department

§ 29-4007. Sentencing court; duties; Department of Correctional Services or
local facility; Department of Motor Vehicles; notification requirements;
Attorney General; prepare form.

(1) When sentencing a person convicted of a registrable offense under
section 29-4003, the court shall:
(a) Provide written notification of the duty to register under the Sex
Offender Registration Act at the time of sentencing to any defendant who has
pleaded guilty or has been found guilty of a registrable offense under
section 29-4003. The written notification shall:
(i) Inform the defendant that if he or she moves to another address within
the same county or ceases to have a residence or temporary domicile, he or
she must report all address changes, including not having a residence or
temporary domicile, to the county sheriff in the county where he or she has
been residing within five working days after his or her move;
(ii) Inform the defendant that if he or she moves to another county in the
State of Nebraska, he or she must notify the county sheriff in the county
where he or she had been last residing and the county sheriff in the county
where he or she is living of his or her current address. The notice must be
given within five working days after his or her move;
(iii) Inform the defendant that if he or she moves to another state, he or
she must report the change of address to the county sheriff of the county
where he or she has been residing and must comply with the registration
requirements of the state to which he or she is moving. The notice must be
given within five working days after his or her move;
(iv) Inform the defendant that he or she shall (A) 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 and (B) notify the sheriff of any change in such employment or
attendance status of such person at such postsecondary educational
institution;
(v) Inform the defendant that if he or she goes to another state to work or
goes to another state as a student and still resides or is temporarily
domiciled in this state, he or she must comply with the registration
requirements of both states; and
(vi) Inform the defendant that fingerprints and a photograph will be
obtained by any registering entity in order to comply with the registration
requirements;
(b) Require the defendant to read and sign a form stating that the duty of
the defendant to register under the Sex Offender Registration Act has been
explained;
(c) Retain a copy of the written notification signed by the defendant; and

(d) If the defendant is adjudicated a sexually violent predator, include the
supporting reports and other information supporting this finding.
A copy of the signed, written notification and the journal entry of the
court shall be provided to the county attorney, the defendant, the sex
offender registration and community notification division of the Nebraska
State Patrol, and the county sheriff of the county in which the defendant
resides or is temporarily domiciled.
(2) When a person is convicted of a registrable offense under section
29-4003 and is not subject to immediate incarceration upon sentencing, prior
to being released by the court, the sentencing court shall ensure that the
defendant is registered by the sheriff of the county in which the defendant
is convicted no later than the time of sentencing. The sheriff shall obtain
full registration information and documents as required by section 29-4006,
and forward the information and documents to the sex offender registration
and notification division of the Nebraska State Patrol within five working
days.
(3) (a) The Department of Correctional Services or a city or county
correctional or jail facility shall provide written notification of the duty
to register pursuant to the Sex Offender Registration Act to any person
committed to its custody for a registrable offense under section 29-4003
prior to the person's release from incarceration. The written notification
shall:
(i) Inform the person that if he or she moves to another address within the
same county, he or she must report all address changes to the county sheriff
in the county where he or she has been residing within five working days
after his or her move;
(ii) Inform the person that if he or she moves to another county in the
State of Nebraska, he or she must notify the county sheriff in the county
where he or she had been last residing and the county sheriff in the county
where he or she is living of his or her current address. The notice must be
given within five working days after his or her move;
(iii) Inform the person that if he or she moves to another state, he or she
must report the change of address to the county sheriff of the county where
he or she has been residing and must comply with the registration
requirements of the state to which he or she is moving. The notice must be
given within five working days after his or her move;
(iv) Inform the person that he or she shall (A) 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 and (B) notify the sheriff of any change in such employment or
attendance status of such person at such postsecondary educational
institution;
(v) Inform the person that if he or she goes to another state to work or
goes to another state as a student and still resides or is temporarily
domiciled in this state, he or she must comply with the registration
requirements of both states; and
(vi) Inform the defendant that fingerprints and a photograph will be
obtained by any registering entity in order to comply with the registration
requirements.
(b) The Department of Correctional Services or a city or county correctional
or jail facility shall:
(i) Require the person to read and sign the notification form stating that
the duty to register under the Sex Offender Registration Act has been
explained;
(ii) Retain a signed copy of the written notification to register; and
(iii) Provide a copy of the notification to register to the person, the sex
offender registration and notification division of the Nebraska State
Patrol, and the sheriff of the county in which the person will be residing
upon release from the institution. If the person is going to reside outside
of the State of Nebraska, then notification to the sheriff is not required.

(4) The Department of Motor Vehicles shall cause written notification of the
duty to register to be provided on the applications for a motor vehicle
operator's license and for a commercial driver's license.
(5) All written notification as provided in this section shall be on a form
prepared by the Attorney General.

§ 29-4008. False or misleading information prohibited.

No person subject to the Sex Offender Registration Act shall knowingly and
willfully furnish any false or misleading information in the registration.

§ 29-4009. Information confidential; exceptions.

Information obtained under the Sex Offender Registration Act shall be
confidential, except that:
(1) Information shall be disclosed to law enforcement agencies for law
enforcement purposes;
(2) Information on persons subject to section 83-174.03 shall be disclosed
to the Office of Parole Administration;
(3) Information concerning a defendant who is registered and reports to be
employed with, carrying on a vocation at, or attending a postsecondary
educational institution, shall be disclosed to the law enforcement agency
having responsibility for the campus where the institution is located. This
notification shall go to the affected campus police, if any, and other law
enforcement agency having jurisdiction in the area in which the institution
is located;
(4) Information may be disclosed to governmental agencies conducting
confidential background checks for employment, volunteer, licensure, or
certification purposes;
(5) Information may be disclosed to health care providers who serve children
or vulnerable adults for the purpose of conducting confidential background
checks for employment;
(6) Information concerning the address or whereabouts of the person required
to register may be disclosed to the victim or victims of such person; and

(7) The Nebraska State Patrol, any law enforcement agency, and any probation
or parole officer may release relevant information that is necessary to
protect the public concerning a specific person required to register, except
that the identity of a victim of an offense that requires registration shall
not be released.
The release of information authorized by this section shall conform with the
rules and regulations adopted and promulgated by the Nebraska State Patrol
pursuant to section 29-4013.

§ 29-4010. Expungement; procedure.

(1) Any person having a duty to register under the Sex Offender Registration
Act may file a petition with the district court for an order to expunge the
information except for a person required under the act to register for his
or her lifetime.
(2) The petition shall be filed in the district court of the county in which
the petitioner was convicted of a registrable offense under section 29-4003.
If the petitioner was convicted in another state, the petition shall be
filed in the district court of the county in which the petitioner resides. A
nonresident may file in the district court of the county in which he or she
is employed or carries on a vocation, attends school, or had a prior duty to
register pursuant to the act. The county attorney shall be named as the
respondent and shall be served with a copy of the petition.
(3) The court may grant the petition and issue an order to expunge the
information if the petitioner shows by clear and convincing evidence that
the (a) petitioner's duty to register has expired, (b) petitioner does not
have a criminal charge pending and is not under criminal investigation for a
registrable offense under section 29-4003, and (c) petitioner is not a
substantial risk to commit another registrable offense under section
29-4003.

§ 29-4011. Violations; penalties.

(1) Any person required to register under the Sex Offender Registration Act
who violates the act is guilty of a Class IV felony unless the act which
caused the person to be placed on the registry was a misdemeanor, in which
case a violation of the Sex Offender Registration Act shall be a crime of
the same class or within the same penalty range as the original act.
(2) Any person required to register under the Sex Offender Registration Act
who violates the act and who has previously been convicted of a violation of
the act is guilty of a Class III felony and shall be sentenced to a
mandatory minimum term of at least one year in prison unless the act which
caused the person to be placed on the registry was a misdemeanor, in which
case the violation of the Sex Offender Registration Act shall be a Class IV
felony.

§ 29-4012. Immunity from liability.

Law enforcement officials, their employees, and state officials shall be
immune from liability for good faith conduct under the Sex Offender
Registration Act. d of a violation of the act is guilty of a Class III
felony and shall be sentenced to a mandatory minimum term of at least one
year in prison unless the act which caused the person to be placed on the
registry was a misdemeanor, in which case the violation of the Sex Offender
Registration Act shall be a Class IV felony.

§ 29-4013. Rules and regulations; release of information; duties; access to
documents.

(1) The Nebraska State Patrol shall adopt and promulgate rules and
regulations to carry out the registration provisions of the Sex Offender
Registration Act.
(2) (a) The Nebraska State Patrol shall adopt and promulgate rules and
regulations for the release of information pursuant to section 29-4009.
(b) The rules and regulations adopted by the Nebraska State Patrol shall
identify and incorporate factors relevant to the sex offender's risk of
recidivism. Factors relevant to the risk of recidivism include, but are not
limited to:
(i) Conditions of release that minimize the risk of recidivism, including
probation, parole, counseling, therapy, or treatment;
(ii) Physical conditions that minimize the risk of recidivism, including
advanced age or debilitating illness; and
(iii) Any criminal history of the sex offender indicative of a high risk of
recidivism, including:
(A) Whether the conduct of the sex offender was found to be characterized by
repetitive and compulsive behavior;
(B) Whether the sex offender committed the sexual offense against a child;

(C) Whether the sexual offense involved the use of a weapon, violence, or
infliction of serious bodily injury;
(D) The number, date, and nature of prior offenses;
(E) Whether psychological or psychiatric profiles indicate a risk of
recidivism;
(F) The sex offender's response to treatment;
(G) Any recent threats by the sex offender against a person or expressions
of intent to commit additional crimes; and
(H) Behavior of the sex offender while confined.
(c) The procedures for release of information established by the Nebraska
State Patrol shall provide for three levels of notification by the law
enforcement agency in whose jurisdiction the sex offender is to be released
depending on the risk of recidivism by the sex offender as follows:
(i) If the risk of recidivism is low, other law enforcement agencies shall
be notified;
(ii) If the risk of recidivism is moderate, in addition to the notice
required by subdivision (i) of this subdivision, schools, day care centers,
health care facilities providing services to children or vulnerable adults,
and religious and youth organizations shall be notified; and
(iii) If the risk of recidivism is high, in addition to the notice required
by subdivisions (i) and (ii) of this subdivision, the public shall be
notified through means designed to reach members of the public, which are
limited to direct contact, news releases, a method utilizing a telephone
system, or the Internet. The Nebraska State Patrol shall provide notice of
sex offenders with a high risk of recidivism to at least one legal newspaper
published in and of general circulation in the county where the offender is
registered or, if none is published in the county, in a legal newspaper of
general circulation in such county. If any means of notification proposes a
fee for usage, then nonprofit organizations holding a certificate of
exemption under section 501(c) of the Internal Revenue Code shall not be
charged.
(d) The Nebraska State Patrol shall establish procedures for the evaluation
of the risk of recidivism and implementation of community notification that
promote the uniform application of the notification rules and regulations
required by this section.
(e) The Nebraska State Patrol or a designee shall assign a notification
level, based upon the risk of recidivism, to all persons required to
register under the act.
(f) Personnel and mental health professionals for the sex offender
registration and community notification division of the Nebraska State
Patrol shall have access to all documents that are generated by any
governmental agency that may have bearing on sex offender risk assessment
and community notification pursuant to this section. This may include, but
is not limited to, law enforcement reports, presentence reports, criminal
histories, or birth certificates. The division shall not be charged for
access to documents under this subdivision. Access to such documents will
ensure that a fair risk assessment is completed using the totality of all
information available. For purposes of this subdivision, mental health
professional means (i) a practicing physician licensed to practice medicine
in this state under the provisions of section 71-102, (ii) a practicing
psychologist licensed to engage in the practice of psychology in this state
as provided in section 71-1,206.14, or (iii) a practicing mental health
professional licensed or certified in this state as provided in section
71-1,333.
(3) Nothing in subsection (2) of this section shall be construed to prevent
law enforcement officers from providing community notification concerning
any person who poses a danger under circumstances that are not provided for
in the act.

§ 29-4014. Person committed to Department of Correctional Services; attend
sex offender treatment and counseling programming.

Any person convicted of a crime requiring registration as a sex offender
pursuant to section 29-4003 and committed to the Department of Correctional
Services shall attend appropriate sex offender treatment and counseling
programming offered by the department. Refusal to participate in such
programming shall not result in disciplinary action or a loss of good time
credit on the part of the offender but shall require a civil commitment
evaluation pursuant to section 83-174.02 prior to the completion of his or
her criminal sentence.