(1) Any individual who, on or after July 14, 2006, (a) is convicted of or completes a term of incarceration for a registrable offense under section 29-4003 and has a previous conviction for a registrable offense under such section, (b) is convicted of sexual assault of a child in the first degree pursuant to section 28-319.01, or (c) is convicted of or completes a term of incarceration for an aggravated offense as defined in section 29-4001.01, shall, upon completion of his or her term of incarceration or release from civil commitment, be supervised in the community by the department for the remainder of his or her life.
(2) Notice shall be provided to the department by an agency or political subdivision which has custody of an individual required to be supervised in the community pursuant to subsection (1) of this section at least sixty days prior to the release of such individual from custody.
(3) Individuals required to be supervised in the community pursuant to subsection (1) of this section shall undergo a risk assessment and evaluation by the department to determine the conditions of community supervision to be imposed to best protect the public from the risk that the individual will reoffend.
(4) Conditions of community supervision imposed on an individual by the department may include the following:
(a) Drug and alcohol testing if the conviction resulting in the imposition of community supervision involved the use of drugs or alcohol;
(b) Restrictions on employment and leisure activities necessary to minimize interaction with potential victims;
(c) Requirements to report regularly to the individual's community supervision officer;
(d) Requirements to reside at a specified location and notify the individual's community supervision officer of any change in address or employment;
(e) A requirement to allow the department access to medical records from the individual's current and former providers of treatment;
(f) A requirement that the individual submit himself or herself to available medical, psychological, psychiatric, or other treatment, including, but not limited to, polygraph examinations; or
(g) Any other conditions designed to minimize the risk of recidivism, including, but not limited to, the use of electronic monitoring, which are not unduly restrictive.
Notes of Decisions
Cited in
27
cases (
5 in the last 5 years), 2008–2025 · leading case:
State v. Payan
State v. Payan (2009)
neb · cites it 24×
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
State v. Boche (2016)
neb · cites it 7×
“Lifetime community supervision under Neb. Rev. Stat. § 83-174.03 (Reissue 2014) is akin to parole and thus is punishment.”
State v. Schreiner (2008)
neb · cites it 11×
“The State argues that the provisions of § 83-174.03 are not part of the sentence and, therefore, not ripe for adjudication.”
State v. Simnick (2010)
neb · cites it 13×
“[2] See Neb.Rev.Stat. § 83-174.03 (Reissue 2008).”
State v. Simnick (2009)
nebctapp · cites it 16×
“ Trial counsel never informed Simnick of the lifetime parole supervision under Neb.Rev.Stat. § 83-174.03 (Reissue 2008) prior to the plea.”
State v. Hamilton (2009)
neb · cites it 5×
“At a sentencing hearing, the court determined that Hamilton had committed an "aggravated offense" as defined in the Sex Offender Registration Act (SORA) [3] and would be subject to the lifetime registration requirement of SORA and the lifetime community supervision requirement…”
Doe v. Nebraska (2010)
ned · cites it 7×
“Payan">Payan was whether a factual finding that the defendant committed an aggravated offense, as defined by SORA, should have been made by the jury, rather than the trial judge, for purposes of lifetime community supervision requirement under Neb.Rev.Stat. § 83-174.03 (not part…”
State v. Grady (2019)
nc · cites it 2×
“§ 46-18-206 (2017); Neb. Rev. Stat. Ann. § 83-174.03 (4)(g) (LexisNexis 2019); Nev.”
State v. Hilding (2009)
neb · cites it 3×
“The court further ordered that pursuant to Neb. Rev. Stat. § 83-174.03 (1)(c) (Reissue 2008), Hilding would be subject to lifetime community supervision by the Office of Parole Administration upon release from imprisonment.”
State v. Pauly (2022)
neb · cites it 2×
“The court further noted that because the State did not pursue any determination pursuant to Neb. Rev. Stat. § 83-174.03 (Cum.”
State v. Prado (2021)
nebctapp · cites it 3×
“…Prado to regis- ter under Nebraska’s Sex Offender Registration Act. See, Neb. Rev. Stat. § 83-174.03 (Cum. Supp. 2020); Neb. Rev. Stat. § 29-4001 (Reissue 2016). Prado appeals. III. ASSIGNMENTS OF ERROR Prado assigns that he”
State v. Nelson (2019)
nebctapp · cites it 6×
“Accordingly, if the oral pronouncement of the court governs over the written journal entry, a matter we will later address, the court erred by orally pronouncing that Nelson was sub- ject to lifetime community supervision under Neb. Rev. Stat. § 83-174.03 (Reissue 2014).”
— Neb. Rev. Stat. § 83-174.03(1) — 7 cases
State v. Schreiner (2008)
neb
“The State argues that the provisions of § 83-174.03 are not part of the sentence and, therefore, not ripe for adjudication.”
State v. Payan (2009)
neb
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
State v. Hamilton (2009)
neb
“At a sentencing hearing, the court determined that Hamilton had committed an "aggravated offense" as defined in the Sex Offender Registration Act (SORA) [3] and would be subject to the lifetime registration requirement of SORA and the lifetime community supervision requirement…”
State v. Simnick (2009)
nebctapp
“ Trial counsel never informed Simnick of the lifetime parole supervision under Neb.Rev.Stat. § 83-174.03 (Reissue 2008) prior to the plea.”
— Neb. Rev. Stat. § 83-174.03(1)(c) — 3 cases
State v. Boche (2016)
neb
“Lifetime community supervision under Neb. Rev. Stat. § 83-174.03 (Reissue 2014) is akin to parole and thus is punishment.”
State v. Hilding (2009)
neb
“The court further ordered that pursuant to Neb. Rev. Stat. § 83-174.03 (1)(c) (Reissue 2008), Hilding would be subject to lifetime community supervision by the Office of Parole Administration upon release from imprisonment.”
— Neb. Rev. Stat. § 83-174.03(2) — 1 case
State v. Schreiner (2008)
neb
“The State argues that the provisions of § 83-174.03 are not part of the sentence and, therefore, not ripe for adjudication.”
— Neb. Rev. Stat. § 83-174.03(3) — 2 cases
State v. Boche (2016)
neb
“Lifetime community supervision under Neb. Rev. Stat. § 83-174.03 (Reissue 2014) is akin to parole and thus is punishment.”
State v. Schreiner (2008)
neb
“The State argues that the provisions of § 83-174.03 are not part of the sentence and, therefore, not ripe for adjudication.”
— Neb. Rev. Stat. § 83-174.03(4) — 2 cases
State v. Boche (2016)
neb
“Lifetime community supervision under Neb. Rev. Stat. § 83-174.03 (Reissue 2014) is akin to parole and thus is punishment.”
State v. Schreiner (2008)
neb
“The State argues that the provisions of § 83-174.03 are not part of the sentence and, therefore, not ripe for adjudication.”
— Neb. Rev. Stat. § 83-174.03(4)(a) — 1 case
State v. Payan (2009)
neb
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
— Neb. Rev. Stat. § 83-174.03(4)(c) — 1 case
State v. Payan (2009)
neb
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
— Neb. Rev. Stat. § 83-174.03(4)(d) — 1 case
State v. Payan (2009)
neb
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
— Neb. Rev. Stat. § 83-174.03(4)(f) — 1 case
State v. Payan (2009)
neb
“The trial judge made a finding that the sexual assault conviction constituted an "aggravated offense" as defined by the Sex Offender Registration Act (SORA) [1] and that therefore, Payan was *197 subject to the lifetime registration requirement of SORA and lifetime community…”
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