§ 29-4005 — Registration duration; reduction in time; request; proof

Nebraska § 29-4005

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

(1)(a) Except as provided in subsection (2) 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 the period of time after
the date of discharge from probation, parole, or supervised release or release
from incarceration, whichever date is most recent, as set forth in subdivision (b) of this subsection. A sex offender shall keep the registration
current for the full registration period but shall not be subject to verification
procedures during any time the sex offender is in custody or under an inpatient
civil commitment, unless the sex offender is allowed a reduction in his or
her registration period under subsection (2) of this section.
(b) The full
registration period is as follows:
(i) 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;
(ii) 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
(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.
(2) A sex offender who is required to register
for fifteen years may request a reduction in the registration period to ten
years upon completion of ten years of the registration period after the date
of discharge from probation, parole, supervised release, or incarceration,
whichever date is most recent. The sex offender shall make the request to
the Nebraska State Patrol. The sex offender shall provide proof that, during
such registration period, he or she:
(a) Was not convicted of any offense for
which imprisonment for more than one year could have been imposed;
(b) Was not
convicted of any sex offense;
(c) Successfully completed any period of
probation, parole, supervised release, or incarceration; and
(d) Successfully
completed an appropriate sex offender treatment program.
(3) Any time period when any
person who is required to register under the act knowingly or willfully fails
to comply with such registration requirement shall
not be counted as completed registration time and shall be used to recalculate
the registration period. The recalculation shall be completed by the sex offender
registration and community notification division of the Nebraska State Patrol.

Legislative History

Source: Laws 1996, LB 645, § 5; Laws 2002, LB 564, § 5; Laws 2006, LB 1199, § 20; Laws 2009, LB285, § 6. Annotations: Following the 2009 amendments to the Sex Offender Registration Act, a sentencing court has the authority to find that a defendant committed an aggravated offense as defined in section 29-4001.01 and to inform the defendant that he or she is thus required to register for life under subdivision (1)(b)(iii) of this section. State v. Wilson, 306 Neb. 875, 947 N.W.2d 704 (2020). Under the Sex Offender Registration Act, pursuant to the former subsection (2) of this section, a convicted sex offender whose offense is determined to be an "aggravated offense" is subject to the lifetime registration requirement. State v. Simnick, 279 Neb. 499, 779 N.W.2d 335 (2010). A sentencing judge may determine whether an aggravated offense as formerly defined in subsection (4)(a) of this section has been committed based upon information contained in the record, including the factual basis for a plea-based conviction and information contained in the presentence report. State v. Hamilton, 277 Neb. 593, 763 N.W.2d 731 (2009). The plain language of this section states that when sentencing a person, the court "shall" provide written notification and copies of the notification and corresponding journal entry to various parties. Thus, the requirements of the Sex Offender Registration Act are mandatory. State v. Pathod, 269 Neb. 155, 690 N.W.2d 784 (2005). Because subsection (2) of this section requires the sentencing court to include the finding of an aggravated offense as part of the sentencing order, the registration requirements for an aggravated offense are part of the court's judgment for purposes of filing a direct appeal. State v. Worm, 268 Neb. 74, 680 N.W.2d 151 (2004). The lifetime registration requirement under subsection (2) of this section is not criminal punishment. State v. Worm, 268 Neb. 74, 680 N.W.2d 151 (2004). A defendant who had a prior conviction for a registrable offense under the Sex Offender Registration Act could challenge on direct appeal a lifetime registration requirement, because the sentencing court must make a finding of fact concerning lifetime registration as part of the sentencing order. State v. Aguilar-Moreno, 17 Neb. App. 623, 769 N.W.2d 784 (2009). The plain language of this section requires that when making a determination that a person is a sexually violent offender, the sentencing court shall consider evidence from experts in the field of the behavior and treatment of sexual offenders. State v. Rodriguez, 11 Neb. App. 819, 660 N.W.2d 901 (2003).