State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter83 > 83-174_03

83-174.03. Certain sexoffenders; supervision by Office of Parole Administration; notice prior torelease; risk assessment and evaluation; conditions of community supervision.(1) Any individual who, on or after July 14, 2006, (a) isconvicted of or completes a term of incarceration for a registrable offense undersection 29-4003 and has a previous conviction for a registrable offense under such section, (b) isconvicted of sexual assault of a child in the first degree pursuant to section 28-319.01, or (c) is convicted of or completes a term of incarceration foran aggravated offense as defined in section 29-4001.01, shall, upon completionof his or her term of incarceration or release from civil commitment, be supervisedin the community by the Office of Parole Administration for the remainderof his or her life.(2) Notice shall be provided to the Office of Parole Administrationby an agency or political subdivision which has custody of an individual requiredto be supervised in the community pursuant to subsection (1) of this sectionat least sixty days prior to the release of such individual from custody.(3) Individuals required to be supervised in the communitypursuant to subsection (1) of this section shall undergo a risk assessmentand evaluation by the Office of Parole Administration to determine the conditionsof community supervision to be imposed to best protect the public from therisk that the individual will reoffend.(4) Conditions of community supervision imposed on an individualby the Office of Parole Administration may include the following:(a) Drug and alcohol testing if the conviction resultingin the imposition of community supervision involved the use of drugs or alcohol;(b) Restrictions on employment and leisure activities necessaryto minimize interaction with potential victims;(c) Requirements to report regularly to the individual'scommunity supervision officer;(d) Requirements to reside at a specified location and notifythe individual's community supervision officer of any change in address oremployment;(e) A requirement to allow the Office of Parole Administrationaccess to medical records from the individual's current and former providersof treatment;(f) A requirement that the individual submit himself or herselfto available medical, psychological, psychiatric, or other treatment, including,but not limited to, polygraph examinations; or(g) Any other conditions designed to minimize the risk ofrecidivism, including, but not limited to, the use of electronic monitoring,which are not unduly restrictive. SourceLaws 2006, LB 1199, § 89; Laws 2009, LB285, § 13.AnnotationsWhere the facts necessary to establish an aggravated offense as defined by the Sex Offender Registration Act are not specifically included in the elements of the offense of which the defendant is convicted, such facts must be specifically found by the jury in order to impose lifetime community supervision as a term of the sentence. State v. Payan, 277 Neb. 663, 765 N.W.2d 192 (2009).The legislative intent in enacting this section was to establish an additional form of punishment for some sex offenders. State v. Payan, 277 Neb. 663, 765 N.W.2d 192 (2009).