The State of Nebraska has a flaw in their sex offender law that needs to be changed asap!
Here is the statute:
NEBRASKA STATE STATUTE
29-4017. Political subdivision restrictions on sex offender residency; requirements.
(1) A political subdivision may enact an ordinance, resolution, or other legal restriction prescribing where sex offenders may reside only if the restrictions are limited to sexual predators, extend no more than five hundred feet from a school or child care facility, and meet the requirements of subsection (2) of this section.
(2) An ordinance, resolution, or other legal restriction enacted by a political subdivision shall not apply to a sexual predator who:
(a) Resides within a prison or a correctional or treatment facility operated by the state or a political subdivision;
(b) Established a residence before July 1, 2006, and has not moved from that residence; or
(c) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.
(3) Any ordinance, resolution, or other legal restriction prescribing where sex offenders may reside which does not meet the requirements of this section is void, regardless of whether such ordinance, resolution, or legal restriction was adopted prior to, on, or after July 14, 2006.
Source:Laws 2006, LB 1199, § 29.
This poses quite a dilema for municpals throughout the State of Nebraska. At this time we are waiting for the Senator's office to inform us as to what can be done to prevent a sex offender residing where ever they want.
We will keep you posted.