First, a determination must be made that there is a liberty interest at stake. At the hearing, Slansky admitted to refusing to undergo sex offender treatment while incarcerated in Kansas. SORA states in part: A second list of people with a higher risk of re-offending could be shared with institutions like schools and organizations that dealt with children. I was one of the first people charged with this crime in the state. The classification or risk levels' will no longer be used and all registered sex offenders will be categorized by registration duration.
On January 6, , an investigator for the NSP completed the risk assessment instrument for Slansky. Slansky was required to register as a sex offender because he had been convicted of a registrable sex offense and moved to Nebraska. Second, Slansky contends that by providing unlimited access to his information via its Web site, the NSP is simply compounding the aforementioned repercussions of community notification. The record indicates that the researchers who developed the risk assessment instrument tracked approximately 1, sexual offenders who had been either released from incarceration or placed on community-based probation. In the past, we have recognized that the intent-effects test applies to both double jeopardy and ex post facto challenges to a statutory scheme. Although Slansky challenges SORA under both constitutional provisions, we will undertake only a single analysis because this court ordinarily construes Nebraska's ex post facto clause to provide no greater protections than those guaranteed by the federal Constitution. Instead, the requirements of due process are satisfied if a person has reasonable notice and an opportunity to be heard appropriate to the nature of the proceeding and the character of the rights which might be affected by it. A father with four kids in the house, the year-old, trained as a union mason, said it's been difficult for him to get any work. Widespread public access is necessary for the efficacy of the scheme, and the attendant humiliation is but a collateral consequence of a valid regulation. United States, U. Whether to release information concerning a person subject to SORA to the public is essentially a question about the person's risk of recidivism. It must be acknowledged that notice of a criminal conviction subjects the offender to public shame, the humiliation increasing in proportion to the extent of the publicity. Again, Slansky focuses his challenge on items 10 and 12 of the instrument. Therefore, the effectiveness of the counseling sessions with Buettner were put into question and the district court's affirmance of the NSP's decision not to deviate from the instrument is supported by competent evidence and is not arbitrary, capricious, or unreasonable. The hearing officer rejected Slansky's challenge and upheld Slansky's classification as a Level 3 offender. Furthermore, it is important that we recognize that no instrument will perfectly predict future conduct. She is among the lawmakers urging a re-examination of a law she once supported. See, also, Worm, supra, quoting in part State v. First, Slansky contends that his classification as a Level 3 offender is not supported by the evidence because it fails to account for a number of mitigating factors that he presented. Therefore, even if, as Slansky's hypothetical suggests, he had remained in Kansas until he was discharged from parole in , he would have still been subject to SORA's registration requirements upon his arrival in Nebraska. Later, during an interview at his home, Rung said private counselors believe he's unlikely to reoffend. See, Smith, supra; State v. Moreover, Slansky did in fact challenge the instrument at his hearing. This risk assessment instrument has been used by the NSP to classify every offender in the registry, including Slansky. In , Terle Slansky was convicted pursuant to jury verdict of, inter alia, rape and attempted rape, and was sentenced to a term of 15 to 20 years' imprisonment in Kansas. At the time of his conviction he knew his photo and current address would be listed on the registry for ten years.
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