Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-002 - DEFINITIONS

Current through June 17, 2024
002.01
"Aggravated
				offense"
is defined by Neb. Rev. Stat. §
									29-4001.01(1).
002.02
"Attends
				school"
means enrollment in any educational institution in the
				state on a full-time or a part-time basis regardless of the number of hours or
				credits involved. This includes vocational as well as academic institutions and
				both credit and non-credit courses.
002.03
"DNA Sample"
is defined by Neb. Rev. Stat. §
									29-4103.
002.04
"Employed or carries on a
				vocation"
means any full-time or part-time employment, with or
				without compensation, which lasts for a duration of more than fourteen (14)
				days or for an aggregate period exceeding thirty (30) days in a calendar year.
				This includes working "at" a postsecondary educational campus in any capacity
				either for the educational institution or for any other entity which requires a
				presence on campus.
002.05
"Governmental agency"
means a unit or subdivision of
				government established by statute which has employees paid by the state or
				local subdivision or government. It does not include quasi-governmental
				organizations or private enterprises having a contractual relationship with a
				governmental unit.
002.06
"Habitual living location"
is defined by Neb. Rev.
				Stat. §
									29-4001.01(3).
002.07
"Incarcerated"
means the physical holding or
				supervisory control over a person by a jail, penal or correctional facility or
				by a public or private institution at the direction of a jail, penal or
				correctional facility or a court. A person shall be considered incarcerated
				during short periods of supervised release such as work- release.
002.08
"Law enforcement agency"
means a recognized police department, Sheriff's office, probation
				or parole officer, or the Nebraska State Patrol having an assigned originating
				agency identifier (ORI) issued by the Federal Bureau of
				Investigation.
002.09
"Listed offense"
means the offenses listed in section
				003.01 of these regulations which
				are the same as those listed in Neb. Rev. Stat. §294003.
002.10
"Mental
				abnormality"
means a congenital or acquired condition of a person
				that affects the emotional or volitional capacity of the person in a manner
				that predisposes that person to the commission of a criminal sexual act to a
				degree that makes the person a menace to the health and safety of other
				persons.
002.11
"Minor"
means a person below the age of eighteen (18).
002.12
"Nebraska State Patrol"
means the Sex Offender Registration and Community Notification
				Division of the Nebraska State Patrol, P.O. Box 94907, Lincoln, Nebraska
				68509.
002.13
"Other
				jurisdiction of the United States"
means any federal court,
				tribal court, or any military court of the United States.
002.14
"Person"
means an individual subject to the registration requirements and does not
				include corporations or other entities.
002.15
"Personnel"
as used herein means personnel assigned to the Nebraska State Patrol and other
				employees within the Nebraska State Patrol who are necessary for handling
				registrations, notifications, or appeal hearings.
002.16
"Postsecondary educational
				institution"
means any institution with a formal instructional
				program whose curriculum is designed primarily for students who have completed
				the requirements of a high school diploma or its equivalent. This includes
				programs whose purpose is academic, vocational, and continuing professional
				education, and includes a vocational and adult basic education
				programs.
002.17
"Prior
				sex offense conviction"
means a conviction for one of the listed
				offenses (or an offense substantially equivalent) which precedes the commission
				of another registrable offense. The earlier or "prior" conviction can be from
				any time before the later conviction and can be from any state, territory,
				commonwealth, or other jurisdiction of the United States, by the United States
				Government, or by a court-martial or other military tribunal, notwithstanding a
				set-aside or similar procedure to nullify the conviction other than a
				pardon.
002.18
"Sex
				Offender "
means an individual who has been convicted of a crime
				listed in Neb. Rev. Stat. §
									29-4003 and
				who is required to register as a sex offender pursuant to the Sex Offender
				Registration Act.
002.19
" Sexual predator "
means an individual who is
				required to register under the Sex Offender Registration act, who has committed
				an AGGRAVATED offense, as defined in section
				2.01
				of this section, and who has victimized a person eighteen years of age or
				younger.
002.20
"Sexually violent predator"
means a person determined by a court
				to be a sexually violent predator at the time of sentencing for one of the
				listed offenses. A judge will determine whether this is a person "who suffers
				from a mental abnormality or personality disorder that makes the person likely
				to engage in sexually violent offenses directed at a stranger or at a person
				with whom a relationship has been established or promoted, for the primary
				purpose of victimization." A person determined to be a sexually violent
				predator or a sexually violent offender in a federal jurisdiction or in another
				state will be classified as a sexually violent predator in Nebraska.
002.21
"State DNA
				database"
means the database established pursuant to Neb. Rev.
				Stat. §
									29-4104.
002.22
"Substantially equivalent
				offense"
means a criminal offense from another state, territory,
				commonwealth or federal jurisdiction which has largely the same basic elements
				as one of the Nebraska listed offenses.
002.23
" Supervised
				release"
mean s any release from confinement which is conducted
				under supervision and exceeds three (3) days in duration. It shall include
				probation, parole, a work release program, furlough and any other type of
				release except for an unconditional discharge.
002.24
"Temporary
				domicile"
is defined by Neb. Rev. Stat. §
									29-4001.01(6).
002.25
"The Act"
means the Sex Offender Registration Act found in Neb. Rev. Stat. §
									29-4001
				through §
									29-4013.
002.26
"Victim"
means the subject of a sexual assault or other offense listed in section
				003.01 of these regulations
				whether the offense is the one requiring registration, is a prior or subsequent
				offense, or is an offense which was charged but dismissed through plea
				negotiations. Victim also includes the parents or guardians of minors or
				vulnerable adults.
002.27
"Working days"
means Monday through Friday but does
				not include any day which is a state holiday. State Holidays are: New Years
				Day, Martin Luther King, Jr. Day, President's Day, Arbor Day, Memorial Day,
				Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day
				after Thanksgiving, and Christmas Day.