Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-007 - NOTIFICATION OF REGISTRATION REQUIREMENTS

Current through June 17, 2024
007.01 Neb.
				Rev. Stat §
									29-4007
				requires sentencing courts to provide written NOTIFICATION OF REGISTRATION
				RESPONSIBILITIES at the time of sentencing to persons having pleaded guilty or
				been found guilty of one of the listed offenses. All written notification as
				provided in this sub-section will be on a form approved by the Attorney
				General. It will include information about the reporting requirements imposed
				by statute should the defendant move within the same county, to another county,
				to another state, or cease to have a residence or temporary domicile or
				habitual living location. It will also include notification about the reporting
				requirements should the defendant work at or attend a postsecondary educational
				institution or go to another state to work or attend school. The notice will
				inform the defendant that fingerprints, palm prints, a DNA sample if not
				previously collected, and photograph will be obtained by any registering
				entity. It will inform the defendant of registry and verification locations as
				well as requirements necessary to apply for a reduction of registration time,
				if eligible. The notification will be signed by the person and a copy of the
				signed notification, the judgment and sentence, the information or amended
				information and the journal entry of the court will be provided to the County
				Attorney, the Nebraska State Patrol, the Sheriff in the county listed as the
				offender's future domicile, and the defendant. The court will retain a copy of
				the signed notification form and the supporting information, if any, pertaining
				to a determination that the offender is a sexually violent predator.
007.02 The Department of Correctional
				Services or a city or county correctional or jail facility will provide written
				NOTIFICATION OF REGISTRATION RESPONSIBILITIES to any person committed to its
				custody for a listed offense. The notification form will contain the same
				information as that used by the courts as specified in section
				007.01 of these regulations above
				and §
									29-4006.
				All written notification as provided in this sub-section will be on a form
				approved by the Attorney General. The notification will be read and signed by
				the person prior to his or her release. A signed copy of the notification will
				be retained by the facility and another provided to the Nebraska State Patrol
				and to the person provided the notification. A copy will also be provided to
				the Sheriff in the county listed as the offender's future domicile unless it is
				outside of the state of Nebraska.
007.03 The Department of Motor Vehicles will
				place a notice on all motor vehicle operator license applications starting
				January 1, 1997 which will inform applicants of the duty to register. Such
				notice will be in a form approved by the Attorney General.
007.04 The Nebraska State Patrol Sex Offender
				Registry division will provide and mail notification of the duty to register to
				persons who must register in Nebraska based on a requirement to register in
				another state, territory, commonwealth, or other jurisdiction of the United
				States or who must register in Nebraska due to conviction for a substantially
				equivalent offense. The form must be signed, dated and returned to the Nebraska
				State Patrol. The ultimate responsibility for registration lies with the Sex
				Offender to register within three (3) days of their arrival in the
				State.
007.05 Refusal to sign the
				notification form by a person required to register under the Act is a violation
				of the Act. Violations of the Act and of these regulations may subject the
				person to criminal prosecution as specified in Sections
				014.03 and
				014.04 of these regulations. If a
				person receiving a notification form refuses to sign the form that fact will be
				noted on the form by the individual providing the notification. Copies will be
				made available as specified above.
007.06 Personnel for the Nebraska State
				Patrol will have access to all documents that are generated by any governmental
				agency that may have a bearing on the determination of the appropriate
				registration period for the defendant. This may include but, is not limited to,
				law enforcement reports, presentence reports, criminal histories, birth
				certificate or death certificates. The Nebraska State Patrol will not be
				charged for access to such documents.