| Nebraska Megan's
Law and Victim's Rights
- A victim of a crime, as shall be defined by law, or his or her
guardian or representative shall have: The right to be informed of all criminal
court proceedings; the right to be present at trial unless the trial court finds
sequestration necessary for a fair trial for the defendant; and the right to be
informed of, be present at, and make an oral or written statement at sentencing,
parole, pardon, commutation, and conditional release proceedings. This
enumeration of certain rights for crime victims shall not be construed to impair
or deny others provided by law or retained by crime victims.
- The legislature shall provide by law for the implementation of the
rights granted in this section. There shall be no remedies other than as
specifically provided by the Legislature for the enforcement of the rights
granted by this section.
- Nothing in this section shall constitute a basis for error in favor
of a defendant in any criminal proceeding, a basis for providing standing to
participate as a party to any criminal proceeding, or a basis to contest the
disposition of any charge.
| Contact Person: |
Investigator for Nebraska State Patrol Jon Kraai (308) 385-6000 or Andy
Morris (402) 471-8647 |
| Offenders Required to Register: |
A person is required to register who, as of January 1, 1997: Pleads guilty
to or is found guilty of any crime(s) requiring registration; Is on probation or
parole or incarcerated for any of the crimes requiring registration; Is released
from incarceration, parole, probation for any of the crimes requiring
registration; Moves into the state of Nebraska having pleaded guilty or been
found guilty of any offense that is substantially equivalent to the crimes
requiring registration in Nebraska. |
| Information Collected: |
A complete description, date of birth, social security number, photograph,
fingerprints, any aliases used, a list of offenses for which registration is
required, court of conviction, name and location of facility in which
incarcerated, and place of employment. |
| Administrating Agency: |
State Department of Correctional Services, local law enforcement. |
| Timeframe for Registration: |
Sex Offenders are required to register with the local county sheriff where
they reside or are temporarily domiciled within five (5) working days from their
date of release from custody, placement on probation or parole, changing
addresses or moving into the state of Nebraska. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
Sex offenders are required to be registered for a period of ten (10)
years. |
| Verification of Address: |
Information is verified through an annual address verification done on the
anniversary month of their registration. This will be done by non-forwarding or
certified mail requests. A quarterly address verification is required if the
offender has been deemed a "sexually violent offender" by the court. However,
all law enforcement agencies are encouraged to check registrant's addresses
periodically. |
| Penalties for Non-Compliance: |
Class IV Felony if the original crime was a felony. Misdemeanor of the same
class as the sex offense requiring registration. |
| Access to Information: |
If the risk level is low/level 1, law enforcement agencies likely to
encounter the sex offender shall be notified. If the risk level is
moderate/level 2, in addition to the notifying local law enforcement, schools,
daycare centers, and religious and youth organizations shall be notified who are
in the registrants county of residence. If the risk level is high/level 3, in
addition to notifying local law enforcement, schools, daycare centers, and
religious and youth organizations, the public will be notified through news
releases directed to the media within the state. Additional news releases,
community meetings or direct contact with neighbors may be utilized by local law
enforcement to provide notice in addition to the State Patrol news
release. |
| Confidentiality Provision: |
No |
| Number Registered: |
1,438 |
| Percent Compliance: |
Failed to register 42; Violation of Registration by address or not signed up
within a year 92; Approx. 97% but approx.7% have violated Registration. Current
as of 7-29-02 |
| Internet Access: |
http://www.nsp.state.ne.us/sor/find.cfm |
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