State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-4007

29-4007. Sentencingcourt; duties; Department of Correctional Services or local facility; Departmentof Motor Vehicles; notification requirements; Attorney General; approve 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 registerunder the Sex Offender Registration Act at the time of sentencing to any defendantwho has pled guilty or has been foundguilty of a registrable offense under section 29-4003. The written notificationshall:(i) Informthe defendant of whether or not he or she is subject to the act, the durationof time he or she will be subject to the act, and that he or she shall reportto a location designated by the Nebraska State Patrol for purposes of acceptingsuch registration within three working days after the date of the writtennotification to register;(ii) Informthe defendant that if he or she moves to another address within the same county, he or she must report to the countysheriff of the county in which he or she is residing within three workingdays before his or her move;(iii) Informthe defendant that if he or she no longer has a residence, temporary domicile,or habitual living location, he or she shall report such change in personto the sheriff of the county in which he or she is located within three workingdays after such change in residence, temporary domicile, or habitual livinglocation;(iv) Informthe defendant that if he or she moves to another county in the State of Nebraska,he or she must notify, in person, thecounty sheriff of the county inwhich he or she had been last residing, had a temporary domicile, or had a habitual living location andthe county sheriff of the county inwhich he or she is residing,has a temporary domicile, or is habitually living of his or hercurrent address. The notice must be given within three workingdays before his or her move;(v) Inform the defendant thatif he or she moves to another state, he or she must report, in person, the change of address to the countysheriff of the county in which he or she has beenresiding, has had a temporarydomicile, or has had a habitual living location and must complywith the registration requirements of the state to which he or she is moving.The notice must be given within three working days before his or her move;(vi) Inform the defendantthat he or she shall (A) inform the sheriff of the county in which he or sheresides, has a temporary domicile,or is habitually living, in person, of each educationalinstitution at which he or she is employed, carries on a vocation, or attendsschool, within three working days after suchemployment or attendance, and(B) notify the sheriff of any change in such employment or attendance statusof such person at such educationalinstitution, within three workingdays;(vii) Informthe defendant that he or she shall (A) inform the sheriff of the county inwhich the employment site is located, in person, of the name and address ofany place where he or she is or will be an employee, within three workingdays after such employment, and (B) inform the sheriff of the county in whichthe employment site is located, in person, of any change in his or her employment;(viii) Inform the defendantthat if he or she goes to another state to work or goes to another state asa student and still resides,has a temporary domicile, or has a habitual living location inthis state, he or she must comply with the registration requirements of bothstates;(ix) Inform the defendantthat fingerprints, palm prints,a DNA sample if not previously collected, and a photograph willbe obtained by any registering entity in order to comply with the registrationrequirements;(x) Informthe defendant of registry and verification locations;(xi) Inform the defendantof the reduction request requirements, if eligible, under section 29-4005;(xii) Inform the defendantthat he or she must provide a list to all sheriffs with whom he or she mustregister of all email addresses, instant messaging identifiers, chat roomidentifiers, global uniqueidentifiers, and other Internet communication identifiers thatthe defendant uses or plans to use, all domain names registered by the defendant,and all blogs and Internet web sites maintained by the defendant or to whichthe defendant has uploaded any content or posted any messages or information;(xiii) Inform the defendantthat he or she is required to inform the sheriff with whom he or she is requiredto register of any changes in or additions to his or her list of email addresses,instant messaging identifiers, chat room identifiers, global unique identifiers, and other Internetcommunication identifiers that the defendant uses or plans to use, all domainnames registered by the defendant, and all blogs and Internet web sites maintainedby the defendant or to which the defendant has uploaded any content or postedany messages or information, in writing, by the next working day after suchchange or addition; and(xiv) Inform the defendantthat throughout the applicable registration period, if applicable, he or sheis prohibited from accessing or using any Internet social networking web siteor any instant messaging or chat room service that has the likelihood of allowingthe defendant to have contact with any child who is under the age of eighteenyears if the defendant has beenconvicted and is currently being sentenced for:(A) Kidnapping of a minor pursuant to section 28-313;(B) False imprisonment of a minor pursuant to section 28-314or 28-315;(C) Sexual assault in the first degree pursuant to subdivision(1)(c) of section 28-319 or sexual assault of a child in the first degreepursuant to section 28-319.01;(D) Sexual assault of a child in the second or third degreepursuant to section 28-320.01;(E) Incest of a minor pursuant to section 28-703;(F) Visual depiction of sexually explicit conduct of a childpursuant to section 28-1463.03 or 28-1463.05;(G) Knowingly possessing any visual depiction of sexuallyexplicit conduct pursuant to section 28-813.01;(H) Criminal child enticement pursuant to section 28-311;(I) Child enticement by means of an electronic communicationdevice pursuant to section 28-320.02;(J) Enticement by electronic communication device pursuantto section 28-833; or(K) Any attempt or conspiracy to commit an offense listedin subdivisions (1)(a)(xiv)(A)through (1)(a)(xiv)(J) of this section;(b) Require the defendant to read and sign a form statingthat the duty of the defendant to register under the Sex Offender RegistrationAct has been explained;(c) Retain a copy of the written notification signed by thedefendant; and(d) Providea copyof the signed, written notification,the judgment and sentence, the information or amended information, andthe journal entry of the court to the county attorney, the defendant, the sex offenderregistration and community notification division of the Nebraska State Patrol,and the county sheriff of the county in which the defendant resides, has a temporary domicile, or has a habitualliving location.(2) When a person is convicted of a registrable offense undersection 29-4003 and is not subject to immediate incarceration upon sentencing,prior to being released by the court, the sentencing court shall ensure thatthe defendant is registered by a Nebraska State Patrol office or otherlocation designated by the patrol for purposes of accepting registrations.(3)(a) The Department of Correctional Services or a cityor county correctional or jail facility shall provide written notificationof the duty to register pursuant to the Sex Offender Registration Act to anyperson committed to its custody for a registrable offense under section 29-4003prior to the person's release from incarceration. The written notificationshall:(i) Informthe person of whether or not he or she is subject to the act, the durationof time he or she will be subject to the act, and that he or she shall reportto a location designated by the Nebraska State Patrol for purposes of acceptingsuch registration within three working days after the date of the writtennotification to register;(ii) Informthe person that if he or she moves to another address within the same county,he or she must report all address changes,in person, to the county sheriff of thecounty in which he or she has beenresiding within three working days before his or her move;(iii) Informthe defendant that if he or she no longer has a residence, temporary domicile,or habitual living location, he or she shall report such change in personto the sheriff of the county in which he or she is located within three workingdays after such change in residence, temporary domicile, or habitual livinglocation;(iv) Informthe person that if he or she moves to another county in the State of Nebraska,he or she must notify, in person, thecounty sheriff of the county inwhich he or she had been last residing, had a temporary domicile, or had a habitual living location andthe county sheriff of the county inwhich he or she is residing,has a temporary domicile, or is habitually living of his or hercurrent address. The notice must be given within three workingdays before his or her move;(v) Inform the person thatif he or she moves to another state, he or she must report, in person, the change of address to the countysheriff of the county in which he or she has beenresiding, has had a temporarydomicile, or has been habitually living and must comply with theregistration requirements of the state to which he or she is moving. The report must be given within three workingdays before his or her move;(vi) Inform the person thathe or she shall (A) inform the sheriff of the county in which he or she resides, has a temporary domicile, or is habituallyliving, in person, of each educationalinstitution at which he or she is employed, carries on a vocation, or attendsschool, within three working days after suchemployment or attendance, and(B) notify the sheriff of any change in such employment or attendance statusof such person at such educationalinstitution, within three workingdays after such change;(vii) Informthe person that he or she shall (A) inform the sheriff of the county in whichthe employment site is located, in person, of the name and address of anyplace where he or she is or will be an employee, within three working daysafter such employment, and (B) inform the sheriff of the county in which theemployment site is located, in person, of any change in his or her employment;(viii) Inform the person thatif he or she goes to another state to work or goes to another state as a studentand still resides, has a temporarydomicile, or has a habitual living location in this state, heor she must comply with the registration requirements of both states;(ix) Inform the defendantthat fingerprints, palm prints,a DNA sample if not previously collected, and a photograph willbe obtained by any registering entity in order to comply with the registrationrequirements;(x) Informthe defendant of registry and verification locations;(xi) Inform the defendantof the reduction request requirements, if eligible, under section 29-4005;(xii) Inform the defendantthat he or she must provide a list to all sheriffs with whom he or she mustregister of all email addresses, instant messaging identifiers, chat roomidentifiers, global uniqueidentifiers, and other Internet communication identifiers thatthe defendant uses or plans to use, all domain names registered by the defendant,and all blogs and Internet web sites maintained by the defendant or to whichthe defendant has uploaded any content or posted any messages or information;(xiii) Inform the defendantthat he or she is required to inform the sheriff with whom he or she is requiredto register of any changes in or additions to his or her list of email addresses,instant messaging identifiers, chat room identifiers, global unique identifiers, and other Internetcommunication identifiers that the defendant uses or plans to use, all domainnames registered by the defendant, and all blogs and Internet web sites maintainedby the defendant or to which the defendant has uploaded any content or postedany messages or information, in writing, by the next working day after suchchange or addition; and(xiv) Inform the defendantthat throughout the applicable registration period, if applicable, he or sheis prohibited from accessing or using any Internet social networking web siteor any instant messaging or chat room service that has the likelihood of allowingthe defendant to have contact with any child who is under the age of eighteenyears if the defendant has beenconvicted and is currently being sentenced for:(A) Kidnapping of a minor pursuant to section 28-313;(B) False imprisonment of a minor pursuant to section 28-314or 28-315;(C) Sexual assault in the first degree pursuant to subdivision(1)(c) of section 28-319 or sexual assault of a child in the first degreepursuant to section 28-319.01;(D) Sexual assault of a child in the second or third degreepursuant to section 28-320.01;(E) Incest of a minor pursuant to section 28-703;(F) Visual depiction of sexually explicit conduct of a childpursuant to section 28-1463.03 or 28-1463.05;(G) Knowingly possessing any visual depiction of sexuallyexplicit conduct pursuant to section 28-813.01;(H) Criminal child enticement pursuant to section 28-311;(I) Child enticement by means of an electronic communicationdevice pursuant to section 28-320.02;(J) Enticement by electronic communication device pursuantto section 28-833; or(K) Any attempt or conspiracy to commit an offense listedin subdivisions (3)(a)(xiv)(A)through (3)(a)(xiv)(J) of this section.(b) The Department of Correctional Services or a city orcounty correctional or jail facility shall:(i) Require the person to read and sign the notificationform stating that the duty to register under the Sex Offender RegistrationAct has been explained;(ii) Retain a signed copy of the written notification toregister; and(iii) Provide a copy of the signed, written notification to register tothe person and to the sex offender registrationand community notification division of the Nebraska State Patrol.(4) If a personis convicted of a registrable offense under section 29-4003 and is immediatelyincarcerated, he or she shall be registered as required under the act priorto discharge, parole, or work release.(5) The Department of Motor Vehicles shall causewritten notification of the duty to register to be provided on the applicationsfor a motor vehicle operator's license and for a commercial driver's license.(6) All written notificationas provided in this section shall be on a form approved bythe Attorney General. SourceLaws 1996, LB 645, § 7; Laws 1998, LB 204, § 1; Laws 2002, LB 564, § 7; Laws 2006, LB 1199, § 22; Laws 2009, LB97, § 27; Laws 2009, LB285, § 8.