Nebraska lawmakers have lost their minds and have violated many constitutional provisions in enacting the new 2010 sex offender registry laws. I will be commenting on the key points of the law only because it is so OVERBROAD it barely allows registrants time to have any kind of normal life. Comments later, in the meantime I have highlighted various key points in the law for folks to review. PS: It is only applicable to registrants convicted on or after 1-1-1997 and CERTAIN PERSONS convicted of CERTAIN OTHER CRIMES (murder, manslaughter, assault, stalking, kidnapping, sexual abuse of an inmate, sexual abuse of a protected person, incest, child abuse, and any attempt of those crimes) on or after 1-1-2010.
CONSTITUTIONAL VIOLATIONS: This is trickery to the ultimate. State law requires a registrant to sign a FORM which -in the past meant- that the state has notified the registrant of what they are to do, upon signing the form the registrant cannot claim any due process violation as to notice in the future. However, the NEW FORM has additional meanings attached to it: A) if you refuse you have violated the act and will goto jail; B) if you sign the form, you are attesting that you have not violated the NEW PROVISIONS of the NEW LAW (one example is, registrants MUST REPORT -every single website, blog, chat room, news site, social networking sites, etc etc etc (including its URL and Internet ID used at the time,and the message left thereSORRY FOLKS MY ERROR, I was speaking about the URL of the message), where they have previously and in the future (within 24 hours) of leaving such message.
Not only is it impossible for any human being to remember such information (including its URL, ridiculous), if one fails to do it they have violated the law and will go to prison. Further, such would include religious messages, political messages, and messages asserting constitutional rights such as saying "These laws violate rights" anywhere it has been said on the Internet. This is absurd to the nth degree, lawmakers have lost their minds. Remember all those places must be included -in the registration forms at the point of registration- and signing the form without including ONE (should they find one) means YOU HAVE WAIVED YOUR DUE PROCESS NOTIFICATION RIGHTS as to notice of the duty to do so DURING registration process. I would bet any good lawyer could get that declared unconstitutional -in a quick minute- but thats after putting the registrant through the hellish process and expense of a court proceeding. This CATCH-22 process is also used AGAINST the registrant with other duties as well. Yes, they have lost their minds!
FOURTH AMENDMENT VIOLATION: Remember, registrants MUST SIGN FORM or go to jail on a registry violation. Now, signing the form means -one waives 4th amendment rights as to all their communications devices that access or could access the Internet. Signing the form authorizes the state to come into one's home at any time of the day or night, to SEARCH those communication devices (for what is not mentioned or limited). Additionally, it permits the state to install software or hardware to monitor ALL communication devices. I would assume the registrant must pay for all this as well. Communication devices includes computers, cell phones, and any other device that may have access to the Internet. Registrants cannot claim any 4th amendment violation as to these devices, even into the future as to devices yet known but owned by the registrant. Insane laws!
FURTHER TRICKERY: Assume a registrant is placed in jail for MORE THAN 3 WORKING days -for any reason- the registrant MUST notify the SHERIFF of the County (where he/she is jailed) -IN WRITING- within 3 WORKING days AFTER release, of his/her incarceration and expected date of release (if known). Read that 6 times because it makes no sense, but it is in the law (I highlighted it). Oh yes, fail to do it and the registrant has violated the law! If anyone can think of a VALID REASON why such registrants must tell the sheriff who is/or/has just released the registrant -in writing- that they were incarcerated in that sheriff's jail, please send me a e-mail, I am perplexed! (One possibility is, so that sheriff doesn't have to fill out a form to send to the main registry to notify them).
These were KEY POINTS which stood out when the law was reviewed, I am sure there are others because this is nothing more than micro-management of registrants and no law permits such, before this. Registrants and possible registrants should print the law and go see a lawyer to get an injunction to stop it BEFORE 1-1-2010. After that date, folks will have waived their rights to contest it, or be in jail for failing to follow the law as newly written.
UPDATE: Note my correction above re:message. Also, just a reminder, this is ONLY one state's interpretation of the Adam Walsh Act, it is not necessarily correct nor is it being followed anywhere else. According to the SMART Office, AWA is the floor not the ceiling, of what states can do. States may go beyond what AWA says, and here in Nebraska it appears they have gone wildly beyond; to the point of unconstitutionality in this writer's opinion.
12-2-2009 Nebraska:
LEXINGTON – Starting Jan. 1 sex offenders registered under the Nebraska Sex Offender Registration Act of 1997 will have to abide by new rules.
Those rules were passed into law earlier this year by the Nebraska Legislature and are known as the Sex Offender Registration (SOR) Act.
“Basically we have to match the Adam Walsh Child Protection and Safety Act of 2006,” Dawson County Sheriff Gary Reiber said. “All of the states have to be in line with it.”
Adam Walsh was abducted from a Sears store at the Hollywood Mall in Hollywood, Fla., on July 27, 1981 and later found murdered. His parents John and Reve Walsh were responsible for Congress’ passage of the federal Missing Children’s Assistance Act of 1984, which established the National Center for Missing and Exploited Children.
Later the John Walsh launched the television show “America’s Most Wanted.”
The purpose of the Adam Walsh Child Protection and Safety Act is to protect the public, especially children, from violent sex offender with a more comprehensive and nationalized system for registration of sex offenders.
The SOR will conform to the Adam Walsh Child Protection and Safety Act in the way information is collected, duration of registration, verification of registry information, access to and sharing of information between law enforcement officials and penalties for failure to register as required.
According Reiber, as of Jan. 1, 2010, there will no longer be levels for sex offenders. As of right now, there are three levels and only a level three offender is considered to be public knowledge.
Once the first of the year comes around sex offenders will be required to register based on the crime they commit and all offenders will become public knowledge.
“If you are registered under the 1997 act, you will not be grandfathered in,” Reiber said. “I have sent out letters to all of the 59 registered offenders in the county and they have been notified of the changes in the law.”
Offenders will either be registered for 15 years, 25 years or for life.
If someone is convicted of a misdemeanor like third-degree sexual assault then that person will be registered for 15 years. If they are convicted of a more serious crime like first-degree sexual assault of a minor, they are registered for life.
According to the law people registered for 15 years will have to report to the sheriff once a year during the month of their birth. Someone registered for 25 years has to report to the sheriff during the month of their birth and also six months after, or twice a year.
A person with a life classification must register with the sheriff during the month of their birth and then quarterly for the rest of their life.
This is because the legislature found that, “sex offenders present a high risk to commit repeat offenses.”
People will also be required to register as sex offenders if they are convicted of another crime and a sexual offense, even if the sexual offense has been dropped as part of a plea bargain.
Other changes in the law include having to tell the sheriff if a person is moving three days prior to the move.
“The old law stated that I had to be informed five days after the move took place,” Reiber said. “Now we have a date and know where the person will be at that particular date.”
If a person is moving to a different county then they would have to tell the sheriff of that move three days prior. That information is then sent to the Nebraska State Patrol where it is then forwarded to the effected county. The person then has three days after the move to register in the new county.
“What I’m hoping to do is set up a database for everyone to use on my Web page,” Reiber said. “That away the public knows who these people are. I encourage people to call us if what they are seeing is suspicious.”
With the adoption of the Adam Walsh Act into Nebraska law, Reiber and the rest of the states law enforcement officials will be able to search sex offenders’ computers.
The law stipulates that: “The registrant shall sign a consent form, provided by the law enforcement agency receiving this information, authorizing the: a) Search of all the computers or electronic communication devices possessed by the person; and b) installation of hardware or software to monitor the person’s Internet usage on all the computer or electronic communication devices possessed by the person.”
Under this stipulation of this section of the law Reiber representing Dawson County and officials from the Kearney Police Department, Buffalo County Sheriff Department, the Grand Island Police Department, Hall County Sheriff Department, Hastings Police Department, Adams County Sheriff Department, Holdrege Police Department, Phelps County Sheriff Department and the Aurora Police Department, collectively known as SCALES (South Central Area Law Enforcement Services) are purchasing software to load onto the computers or electronic devices of registered sex offenders.
The software is called “Computer Cop” and parents are also able to buy the software to monitor who their children are talking to on the Internet.
“We can now search computers once this law takes effect,” Reiber said. “We’ll be getting copies of this at the sheriff’s office and I am willing to let parents borrow it, load it onto their computers and check up on their kids. They will have to bring the software back, but at least they can see who their kids are talking to now.”
If a sex offender fails to register properly or follow any of the laws taking effect at the beginning of the year, the person is in violation of the act or has previously been convicted of a violation of the act is guilty of a Class III felony.
“We have a duty to protect the public,” Reiber said, “and we can’t overlook it.” ..Source.. David Penner, C-H editor
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