New Sex Offender Law In EffectParts Banned In Nebraska
Klark Byrd
Published: Wednesday, January 6th, 2010 |
| SIDNEY – The Nebraska State Patrol says it has begun to move forward with changes to the sex offender registry designed to make it easier for the public to track offenders. This move comes after a ruling in late December in which a federal judge blocked portions of the state’s law including provisions that sought to monitor convicted sex offenders’ computer usage and prevent them from visiting certain Web sites such as MySpace and Facebook. The new law passed by legislature in May 2009 moves the Nebraska Sex Offender Registry toward compliance with the Adam Walsh Child Protection Safety Act of 2006 signed by then President George Bush. The law went into effect in Nebraska on Monday. “Registered offenders will now have to come in to the office in person to update their information,” said Sheriff Darrell Johnson. “They also have to submit DNA and we’ll be taking palm prints.” Every offender required to register in Nebraska will be posted on the Nebraska State Patrol Sex Offender Registry Web page for public notification purposes. The new law provides the public access to the information about all offenders convicted of a crime which requires registration. Previously, only those classified as Level III offenders – high-risk to reoffend – were posted on the Web site. Nebraska officials had said the state could lose federal grants for law enforcement if the law had not been changed to publicly register all people convicted of sexual offenses. The duration of registration under the new law is based solely on the convicted offense. A 15-year registration is required for offenses punishable by less than one year imprisonment, a 25-year registration for offenses punishable by imprisonment greater than one year and lifetime registration is for offenders with prior sex offense convictions, aggravated offense, or lifetime registration required by another jurisdiction. The new law also increases the number of criminal offenses which mandate registration and will require offenders to provide additional information to the registry. Verification of registry information must be completed in person and more frequently for some offenders than required by the old law, dependent on the offenders’ registration duration. In late December, Judge Richard Kopf did leave most of the law intact, saying it came close to meeting criteria set for the state by Congress. Kopf said lawmakers may have gone too far in two areas — both provisions that weren’t required under the federal legislation. Those provisions prohibit sex offenders from using social networking sites used by children, like MySpace and Facebook. They also require sex offenders have hardware or software installed on their computers and other electronic communication devices to monitor their activities and to consent to such searches. “We’re pleased the court has allowed the vast majority of LB285 and LB97 to move forward,” Attorney General Jon Bruning said after the ruling. “These bills were designed to protect children and today’s ruling is good news for the parents and children of Nebraska. “We have passed the first hurdle on our efforts to increase the monitoring and supervising those offenders who are still under terms of parole, probation or supervised release,” Bruning said. The case stemmed from a federal lawsuit filed Dec. 16 on behalf of 20 sex offenders, their relatives and employers. It sought to stop the law from taking effect. The suing attorney argued the new law would allow for retroactive criminal punishment, amount to double jeopardy, permit unreasonable searches and seizures, and violate the rights to due process and free speech. Kopf emphasized in his ruling that federal courts have consistently upheld state sex offender registry legislation amid constitutional challenges. “Bluntly put, I am unwilling to allow this suit to become a backhanded way of neutering (the Sex Offender Registration and Notification Act,)” he wrote. At least 30 states have passed legislation in an effort to comply with the law and many others are studying it, according to the National Conference of State Legislatures. – The Associated Press contributed to this report Click Here To See More Stories Like This |
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6 comments so far (post your own)January 6th, 2010 at 12:18pm
Well, 22 states will not come into compliance. What does that tell you about the Adam Walsh Amendment?
It's an ineffective law that actually "does more harm than good."
It is a law that actually "endangers children and our entire society."
It is NOT "Evidenced based" it criminalizes our youth and ruins their lives FOREVER!
SEE: Studies http://tinyurl.com/ns36qu
Listen to Congressman Bobby Scott http://tinyurl.com/yljz7gq
January 6th, 2010 at 14:27pm
The general public needs to be aware that the statute dealing with provisions prohibit sex offenders from using social networking sites and installing hardware WAS NOT under the Sex Offender Registration Act. It is a statute in itself outside the SOR law. The SOR law is statutes 29-4001 through 29-4013. The social networking statute is 28-322.05 which was supported by the AG's office in LB97. The patrol submitted LB285 which focused on registration, no prohibitions.
January 6th, 2010 at 15:56pm
Well, this should be a tremendous boon to the school-room bully. Instead of announcing to the class that Polly is a dork and a loser, he can announce that Polly's daddy is a sex offender. Of course the reason he is a sex offender, that he and Polly's mom had sex before they were married when she was only 15, will never be known. I suppose that would be a small enough price to pay--except maybe for Polly--if anything good could possibly come from this horrible invasion of privacy and legalized slander, but all evidence is to the contrary. Justice Department studies show that the vast majority--over 90%-- of people on sex offender registries never harmed a child or a woman or committed any violent act; they did foolish and stupid things; they are no danger to anyone. What possible benefit can come from the public in general knowing who they are and where they live? Justice Department studies also show that these sorts of laws and "public warnings" have not prevented any assaults against children or anyone else. There is NO justification for this action. We must return to the registry containing only the names of sexually violent rapists and child molesters, which was its original intent, and quit persecuting and publicly humiliating everyone else.
January 7th, 2010 at 20:25pm
When Judge Kopf decided to make the Nebraska Sex Registry all-inclusive, adding non-violent, non-contact sex offenders, he did not consider these facts take from the Justice Policy Institute and other studies…
1. Nebraska can expect to incur significant costs if the state implements the Adam Walsh Act. 2010 estimated costs = $2,979,281, Bryne contribution of 10% funding = Nebraska can expect only $128,000.
2. “The chief probation officer in an Arizona county said, "Lawmakers have no idea the kind of burden they put on law enforcement when they increase the number of offenders who must register."
3. "The expansion of state sex offender registries to include more offenses and longer registration periods has really compromised our ability to monitor high-risk sex offenders."
4. Registering people for consensual, nonviolent, and statutory offenses and activities overloads the registry and distracts law enforcement and the public.
5. Bureau of Justice Statistics found that only 5.3 of sex offenders (On the registry) released from prison reoffend.
6. Most people who commit sex offenses are first time offender… In other words, they are not even on the registry and could, therefore, never be considered a threat.
February 3rd, 2010 at 20:56pm
This law is about to be voted on here in Virginia, as well as other states. The following is a form letter that can be sent to your representative.
Dear Representative,
I am asking you to thoughtfully consider the ex post facto impact of several bills that have been proposed this legislative session.
These bills affect individuals in our community and our church. We'll refer to"John Doe" below, but please feel free to contact us for specifics of how the proposed bills translate into the real world for this individual.
Please vote NO on these bills until a better thought-out solution can be constructed:
HB1004 – Though John Doe has lived peacefully among his neighbors for years, a bus stop happens to be within 500 feet of his home. If HB1004 passes, he will be forced to leave his home, separate from his family, or relocate his whole family to a remote location without a bus stop near the property line.
HB1366 – My church runs a preschool facility during the week. John Doe attends services on Sundays and leads classes at the church on weeknights. HB1366 would prevent him from attending church.
HB172 – This bill removes an effective date, which overtly applies it retroactively, even for those who have completed their sentences.
HB227 – This doesn't address the Virginia Supreme Court's ruling in 2009 that the law is flawed. Regardless of what the court finds and orders, only the school board can decide these things, the Supreme Court ruled. So this bill makes no sense, and only adds ex post facto hurdles for those trying to move on with their lives.
HB912 – This appears to be preparing for the widespread homelessness that will result should HB1004 pass as written.
HB919 – Using wording such as "forever" in legislation disregards the specifics of individual cases and seals off any chance for a redemptive path.
HB23 – Layers of new rules and regulations imposed retroactively add peril for those who have long ago completed the terms of their sentences. This legislation takes something that is legal and criminalizes it for a subset of society.
I am troubled by bills that add probation/parole-like conditions that would be applied ex post facto, years after release from probation or parole.
Please consider the documented case of "John Doe." He was convicted more than 10 years ago as a non-violent offender. New laws were retroactively applied several years after his conviction, and he was reclassified as a violent offender. Though the facts of his case strongly indicated a situational, non-violent event, this was never considered in the backward-sweep of the legislation.
John Doe successfully followed a relief process outlined in Virginia law to be removed from the sex offender registry. Because a panel appointed by the court determined that John Doe possessed zero [0] risk factors of offending—in any way—in the community, a Circuit Court ordered him removed from the sex offender registry. He was, in fact, removed.
The law allowing John Doe this relief was also changed and retroactively applied, placing him back on the offender registry.
John Doe also followed new laws to required him obtain a court order to meet with his child's teachers and attend school events. The court determined there was no reason he should not be allowed on school property, and outlined a protocol for him to follow. The Virginia Supreme Court ruled last year that, despite following the letter of the law, the school board could overrule the Circuit Court decision. It cost him $5,000, and a school year of missed events, to follow a law that was unenforceable.
All this constantly-changing, after-the-fact legislation makes it tremendously difficult for this man to move on with his life. There is a paucity of contextual information posted on the State Police website, and anyone seeing it would assume John Doe was a dangerous, violent sex offender, which he clearly is not. Adding further reporting requirements so many years later only exacerbates the challenge of his good-faith attempts to move on with his life.
How you vote this legislative season can make a tremendous difference for hundreds like John Doe seeking redemptive accountability. We challenge you to craft intelligent legislation that offers a redemptive path. This will not be easy, but for the sake of the Commonwealth and the future of those accounting for past mistakes, your thoughtful stance on bills like those above will have a lasting, measurable impact.
Please feel free to contact me at the address above for more specific information.
February 12th, 2010 at 17:18pm
I just want to know what level.
I want to know who had consentual sex with an underage teen or who likes babies. I don't think a life should be ruined for teen sex. To me there is a big difference. We want to know who the baby pluckers are. Is that blunt enough?