Nebraska § 29-4005 - Registration duration; reduction in time; request; proof.

§ 29-4005. Registration duration; reduction in time; request; proof.

(1)(a) Except as provided in subsection (2) of this section, any person to whom the Sex Offender Registration Act applies shall be required to register during any period of supervised release, probation, or parole and shall continue to comply with the act for the period of time after the date of discharge from probation, parole, or supervised release or release from incarceration, whichever date is most recent, as set forth in subdivision (b) of this subsection. A sex offender shall keep the registration current for the full registration period but shall not be subject to verification procedures during any time the sex offender is in custody or under an inpatient civil commitment, unless the sex offender is allowed a reduction in his or her registration period under subsection (2) of this section.

(b) The full registration period is as follows:

(i) Fifteen years, if the sex offender was convicted of a registrable offense under section 29-4003 not punishable by imprisonment for more than one year;

(ii) Twenty-five years, if the sex offender was convicted of a registrable offense under section 29-4003 punishable by imprisonment for more than one year; or

(iii) Life, if the sex offender was convicted of a registrable offense under section 29-4003 punishable by imprisonment for more than one year and was convicted of an aggravated offense or had a prior sex offense conviction or has been determined to be a lifetime registrant in another state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction.

(2) A sex offender who is required to register for fifteen years may request a reduction in the registration period to ten years upon completion of ten years of the registration period after the date of discharge from probation, parole, supervised release, or incarceration, whichever date is most recent. The sex offender shall make the request to the Nebraska State Patrol. The sex offender shall provide proof that, during such registration period, he or she:

(a) Was not convicted of any offense for which imprisonment for more than one year could have been imposed;

(b) Was not convicted of any sex offense;

(c) Successfully completed any period of probation, parole, supervised release, or incarceration; and

(d) Successfully completed an appropriate sex offender treatment program.

(3) Any time period when any person who is required to register under the act knowingly or willfully fails to comply with such registration requirement shall not be counted as completed registration time and shall be used to recalculate the registration period. The recalculation shall be completed by the sex offender registration and community notification division of the Nebraska State Patrol.

Following the 2009 amendments to the Sex Offender Registration Act, a sentencing court has the authority to find that a defendant committed an aggravated offense as defined in section 29-4001.01 and to inform the defendant that he or she is thus required to register for life under subdivision (1)(b)(iii) of this section. State v. Wilson, 306 Neb. 875, 947 N.W.2d 704 (2020).

Under the Sex Offender Registration Act, pursuant to the former subsection (2) of this section, a convicted sex offender whose offense is determined to be an "aggravated offense" is subject to the lifetime registration requirement. State v. Simnick, 279 Neb. 499, 779 N.W.2d 335 (2010).

A sentencing judge may determine whether an aggravated offense as formerly defined in subsection (4)(a) of this section has been committed based upon information contained in the record, including the factual basis for a plea-based conviction and information contained in the presentence report. State v. Hamilton, 277 Neb. 593, 763 N.W.2d 731 (2009).

The plain language of this section states that when sentencing a person, the court "shall" provide written notification and copies of the notification and corresponding journal entry to various parties. Thus, the requirements of the Sex Offender Registration Act are mandatory. State v. Pathod, 269 Neb. 155, 690 N.W.2d 784 (2005).

Because subsection (2) of this section requires the sentencing court to include the finding of an aggravated offense as part of the sentencing order, the registration requirements for an aggravated offense are part of the court's judgment for purposes of filing a direct appeal. State v. Worm, 268 Neb. 74, 680 N.W.2d 151 (2004).

The lifetime registration requirement under subsection (2) of this section is not criminal punishment. State v. Worm, 268 Neb. 74, 680 N.W.2d 151 (2004).

A defendant who had a prior conviction for a registrable offense under the Sex Offender Registration Act could challenge on direct appeal a lifetime registration requirement, because the sentencing court must make a finding of fact concerning lifetime registration as part of the sentencing order. State v. Aguilar-Moreno, 17 Neb. App. 623, 769 N.W.2d 784 (2009).

The plain language of this section requires that when making a determination that a person is a sexually violent offender, the sentencing court shall consider evidence from experts in the field of the behavior and treatment of sexual offenders. State v. Rodriguez, 11 Neb. App. 819, 660 N.W.2d 901 (2003).