What has disturbed me in this matter is, the case has state issues, and a federal judge is preventing state courts from ruling on -at least- those state issues, by forcing all such cases into federal court. That action alone, is a federal decision (and appealable) on SORNA, it says, any law (state or federal) which stems from a federal law -even though enacted by a state legislature- cannot be decided by state courts.2-11-2011 Nebraska:
Think about this, if a state registrant is charged with a failure to register, after the state has enacted SORNA provisions, that case must be removed to federal court. If there is any truth to that premise, then all FTR cases will wind up in the Federal Bureau of Prisons, and subjected to a civil commitment hearing. And we all know the outcome to that, very likely held for the rest of their lives in civil commitment. Doesn't the 10th Amendment exist anymore?
When it went into effect on Jan. 1, 2010, the updated Nebraska Sex Offender Registry Law caused an immediate sensation in Nebraska.
The bill, espoused by Attorney General Jon Bruning to protect children, toughened penalties for convicted sex offenders and extended some penalties to people previously convicted as well. Federal Judge Richard Kopf issued a partial injunction against the law in December 2009 after it was challenged by Omaha attorney Stu Dornan.
The challenge is set for trial in federal court May 23. Dornan will be opposed at trial by Bruning, who once said of sex offenders, “I’m never going to apologize for dropping the hammer on these guys.”
Dornan, who served four years as Douglas County prosecutor prior to starting a private practice in 2007, told the Bulletin Feb. 1 he filed the challenge because, “It’s a constitutional issue. If the constitution doesn’t protect these guys in this situation, it doesn’t protect any of us.”
In August, Kopf ruled that some aspects of the changed law could be challenged, mostly dealing with limiting offenders’ computer access. He enjoined those parts of the law from going into effect, but much of it remains in tact until the trial.
Dornan’s challenge didn’t stop North Platte attorney Robert Lindemeier from challenging the law in Lincoln County District Court in January 2010. Judge John Murphy enjoined the entire law from going into effect statewide. Shortly thereafter Kopf ordered Lindemeier’s challenge, and all other challenges filed in state courts, removed to federal court.
Requirements of the law
The requirements for registration of sex offenders were changed in order for Nebraska to become compliant with the 2006 federal Adam Walsh Act, according to the Nebraska State Patrol website.
Under the amended law, in addition to current registration data, offenders are required to submit email addresses and other digital account information (Facebook and MySpace accounts, etc.) along with school information, professional licenses or certificates, travel and immigration documents, a DNA sample, and palm prints, among other things.
Failure to report all Internet communication identifiers, as well as failure to report any changes to those identifiers within 24 hours, could constitute a felony offense, according to the website.
The durations of required registration also changed.
Offenders convicted of misdemeanor offenses must register for 15 years, felony offenders for 25 years, and aggravated or repeat offenders for life. Currently, offenders must register for either 10 years or life.
All currently registered sex offenders and previously registered offenders must comply, the website said.
The new system junked the currently-utilized “risk level classification” and inform the community of all registered sex offenders, not just the ones considered at high risk to repeat, according to the website.
With those changes came alterations to the verification process too. Offenders reporting for 15 years must verify their addresses in person annually; 25 year reporters bi-annually and life reporters quarterly.
The law also expands registration requirements to all offenders convicted of sex crimes, not only those considered at high risk to re-offend. ..Source.. by Ben Schwartz
I did not think Neb. was Smart Office approved yet????
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