State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-4005

29-4005. Registrationduration; reduction in time;request; proof.(1)(a) Except as provided in subsection (2) of this section, any person towhom the Sex Offender Registration Act applies shall be required to registerduring any period of supervised release, probation, or parole and shall continueto comply with the act for the period of time afterthe date of discharge from probation, parole, or supervised release or releasefrom incarceration, whichever date is most recent, as set forth in subdivision (b) of this subsection. A sex offender shall keep the registrationcurrent for the full registration period but shall not be subject to verificationprocedures during any time the sex offender is in custody or under an inpatientcivil commitment, unless the sex offender is allowed a reduction in his orher registration period under subsection (2) of this section.(b) The fullregistration period is as follows:(i) Fifteen years, if the sex offenderwas convicted of a registrable offense under section 29-4003 not punishableby imprisonment for more than one year;(ii) Twenty-five years, if the sex offenderwas convicted of a registrable offense under section 29-4003 punishable byimprisonment for more than one year; or(iii) Life, if the sex offender was convictedof a registrable offense under section 29-4003 punishable by imprisonmentfor more than one year and was convicted of an aggravated offense or had aprior sex offense conviction or has been determined to be a lifetime registrantin another state, territory, commonwealth, or other jurisdiction of the UnitedStates, by the United States Government, by court-martial or other militarytribunal, or by a foreign jurisdiction.(2) A sex offender who is required to registerfor fifteen years may request a reduction in the registration period to tenyears upon completion of ten years of the registration period after the dateof discharge from probation, parole, supervised release, or incarceration,whichever date is most recent. The sex offender shall make the request tothe Nebraska State Patrol. The sex offender shall provide proof that, duringsuch registration period, he or she:(a) Was not convicted of any offense forwhich imprisonment for more than one year could have been imposed;(b) Was notconvicted of any sex offense;(c) Successfully completed any period ofprobation, parole, supervised release, or incarceration; and(d) Successfullycompleted an appropriate sex offender treatment program.(3) Any time period when anyperson who is required to register under the act knowingly or willfully failsto comply with such registration requirement shallnot be counted as completed registration time and shall be used to recalculatethe registration period. The recalculation shall be completed by the sex offenderregistration and community notification division of the Nebraska State Patrol. SourceLaws 1996, LB 645, § 5; Laws 2002, LB 564, § 5; Laws 2006, LB 1199, § 20; Laws 2009, LB285, § 6.AnnotationsA 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).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).