Overview of SOR Changes Jan 1 2010

Sex offender registry (SOR) changes and community notification changes as of January 1, 2010 due to the federal Adam Walsch act

What’s New

  • Offenders must register within THREE working days instead of five
  • Registering agent must submit registration information electronically on the same day it is received
  • New and additional information required for registration completion ( palm prints, DNA, all living locations, electronic identifiers )
  • All registered offenders will be posted on the Internet
  • No risk levels
  • Length of registration is now 15 years, 25 years, or Lifetime
    • Length is based on conviction
  • Verification is done in person at the local Sheriff’s Office annually, biannually, or quarterly
    • 15 year registrants – once a year
    • 25 year registrants – twice a year
    • Lifetime registrants – four times per year
    • Registrants use birth month as a marker for the verification schedule
  • One SOR form for registration/changes/verification
  • Penalties for violation of the SOR Act have increased – ALL violations will be at least a class IV Felony

Registration Procedure

Registration is completed at a location designated by the Nebraska State Patrol. This will be the State Patrol Troop Area offices, but can also be a county sheriff’s department, jails, or state correction facility

  • Nebraska State Patrol Troop Area offices are in Omaha, Lincoln, Grand Island, Norfolk, North Platte,  & Scottsbluff and any other designated agency
  • Offenders must register in the county in which they reside, have temporary domicile, or a habitual living location AND the county in which they are employed, carry on a vocation, and/or attend school
  • Offenders may also register at the county sheriff in the county in which they reside or are temporarily domiciled
  • Registration must be completed within three working days of becoming subject to the act
  • Any offender incarcerated in a jail, correctional facility or public or pivate institution shall be registered by that facility prior to release
  • Offenders convicted but not sentenced to jail are to report to the State Patrol Troop Area office for registration
  • After a registration is received, the State Patrol will send a letter to the offender advising the offender of his or her registration duration and verification schedule.

Reporting Registration Changes

All changes must be completed in person at the Sheriff’s Office on the approved registration form

  • Address Status Changes: In person, at the Sheriff’s Office, within three working days before the address change
  • Transient Status: In person, at the Sheriff’s Office, within three working days after becoming homeless. The offender must update his or her registration, in person at the Sheriff’s Office every 30 days during the time he or she remains homeless.
  • Employment or School Changes: In person, at the Sheriff’s Office, within three working days after the change
  • Incarcerated: Any registrant who is incarcerated for more than three working days must inform the sheriff of the county in which they are incarcerated withn three working days after the incarceration, of their incarceration and their expected release date, if any such date is available.
  • Name Changes: Must be made in person, at the Sheriff’s Office, within three working days after such change and provide a copy of the legal documentation supporting the change in name
  • Email/Internet Changes: Any person required to register shall inform the sheriff with whom he or she is to register of any changes in or the additions to such person’s:
    • List of email addresses
    • Instant messaging identifiers
    • Chat room identifiers
    • Global unique identifiers
    • Any other Internet communication identifiers that the registrant uses or plans to use
    • All domain names registered by the person
    • All blogs and Internet web sites maintained by the person or to which the person has uploaded any content or posted any messages or information

**ALL EMAIL/INTERNET CHANGES MUST BE MADE WITHIN 24 HOURS**

Verification

  • Verification is done in person at the local Sheriff’s Office annually, biannually, or quarterly
    • 15 year registrants – once a year
    • 25 year registrants – twice a year
    • Lifetime registrants – four times per year
    • Registrants use birth month as a marker for the verification schedule

What is done during verification?

  • Offender must report in person during the specified month
  • Identification must be checked
  • A new photo must be taken if their prior photo is outdated or no longer and accurate representation of the offender
  • DNA must be taken. All DNA samples for current registrants will be obtained during the first year of verifications.

Violations of SOR

  • Failure to register
  • Failure to Change Address or living location status
  • Failure to report employment or school
  • Failure to complete verification
  • Provide false information to SOR
  • Failure to report any update in electronic identifier information

Penalties

  • At any time that a person required to register under the SOR act violates the registry requirements and cannot be located, the registry information shall reflect that the person has absconded, and a warrant shall be sought for the person’s arrest
  • Any law enforcement agency with jurisdiction in the area in which a person required to resgister under the SOR act resides, has a temporary domicile, maintains a habitual living location, is employed, carries on a vocation, or attends school shall investigate and enforce violations of the act
  • Any person required to register under the SOR act who violates the act if guilty of a Class IV felony
  • Any person required to register under the SOR 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 violation which caused the person to be placed on the registry was a misdemeanor, in which case the violation of the act shall  be a Class IV felony.