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

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.