reglab/housing_qa huggingface dataset:
NE Code § 71-947 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-947 - Appointed counsel; fees; reimbursement of costs incurred; procedure.

71-947.  Appointed counsel; fees; reimbursement of costs incurred; procedure.Counsel appointed as provided in subdivision (1) of section 71-946 shall apply to the court in which his or her appointment is recorded for fees for services performed. Such counsel may also apply to the court to secure separate professional examination of the person for whom counsel was appointed and shall be reimbursed for costs incurred in securing such separate examination or examinations or in having other professional persons as witnesses before the mental health board. The court, upon hearing the application, shall fix reasonable fees, including reimbursement of costs incurred. The county board of the county in which the application was filed shall allow the account, bill, or claim presented by the attorney for services performed under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof has been determined by the court.Source   Laws 1976, LB 806, § 61;  Laws 2000, LB 884, § 14;   R.S.Supp.,2002, § 83-1051;  Laws 2004, LB 1083, § 67;  Laws 2006, LB 1199, § 43.  Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations An attorney validly appointed by a court to assist an indigent subject in a habeas corpus proceeding challenging the subject's custody or treatment under the Sex Offender Commitment Act is entitled to attorney fees. D.I. v. Gibson, 295 Neb. 903, 890 N.W.2d 506 (2017).
NE Code § 71-948 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-948 - Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.

71-948.  Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.A subject or the subject's counsel shall have the right to employ mental health professionals of his or her choice to independently evaluate the subject's mental condition and testify for and otherwise assist the subject in proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. If the subject is indigent, only one such person may be employed except with leave of the mental health board. Any person so employed by a subject determined by the board to be indigent, except a subject represented by the public defender, shall apply to the board for expenses reasonably necessary to such person's effective assistance of the subject and for reasonable fees for services performed by such person in assisting the subject. The board shall then fix reasonable fees and expenses, and the county board shall allow payment to such person in the full amount fixed by the board.Source   Laws 1976, LB 806, § 62;   Laws 1994, LB 1210, § 161;   R.S.1943, (1999), § 83-1052;  Laws 2004, LB 1083, § 68;  Laws 2006, LB 1199, § 44.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-949 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-949 - Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.

71-949.  Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.Counsel for a subject, upon request made to the county attorney at any time after the subject has been taken into emergency protective custody under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, shall have the right to be provided with (1) the names of all witnesses expected to testify in support of the petition, (2) knowledge of the location and access at reasonable times for review or copying of all written documents including reports of peace officers, law enforcement agencies, and mental health professionals, (3) access to all other tangible objects in the possession of the county attorney or to which the county attorney has access, and (4) written records of any treatment facility or mental health professional which or who has at any time treated the subject for mental illness, substance dependence, or a personality disorder, which records are relevant to the issues of whether the subject is mentally ill and dangerous or a dangerous sex offender and, if so, what treatment disposition should be ordered by the mental health board. The board may order further discovery at its discretion. The county attorney shall have a reciprocal right to discover items and information comparable to those first discovered by the subject. The county court and district court shall have the power to rule on objections to discovery in matters which are not self-activating. The right of appeal from denial of discovery shall be at the time of the conclusion of the mental health board hearing.Source   Laws 1976, LB 806, § 63;   Laws 1981, LB 95, § 20;   R.S.1943, (1999), § 83-1053;  Laws 2004, LB 1083, § 69;  Laws 2006, LB 1199, § 45.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-950 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-950 - Continuances; liberally granted.

71-950.  Continuances; liberally granted.Continuances shall be liberally granted at the request of the subject. Continuances may be granted to permit the subject to obtain voluntary treatment at a private facility.Source   Laws 1976, LB 806, § 64;   Laws 1985, LB 252, § 6;   R.S.1943, (1999), § 83-1054;  Laws 2004, LB 1083, § 70.
NE Code § 71-951 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-951 - Mental health board hearings; closed to public; exception; where conducted.

71-951.  Mental health board hearings; closed to public; exception; where conducted.All mental health board hearings under the Nebraska Mental Health Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have the right to conduct the proceeding where the subject is currently residing if the subject is unable to travel.Source   Laws 1976, LB 806, § 65;  Laws 2000, LB 884, § 15;   R.S.Supp.,2002, § 83-1055;  Laws 2004, LB 1083, § 71. Annotations Mental health board hearings are closed to the public except at the request of the subject. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
NE Code § 71-952 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-952 - Subject's rights; appear in person and testify in own behalf; present witnesses and evidence.

71-952.  Subject's rights; appear in person and testify in own behalf; present witnesses and evidence.A subject shall appear personally and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.Source   Laws 1976, LB 806, § 66;   Laws 1981, LB 95, § 21;   R.S.1943, (1999), § 83-1056;  Laws 2004, LB 1083, § 72.
NE Code § 71-953 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-953 - Subject's rights; compulsory process to obtain testimony of witnesses.

71-953.  Subject's rights; compulsory process to obtain testimony of witnesses.A subject shall be entitled to compulsory process to obtain the testimony of witnesses in his or her favor.Source   Laws 1976, LB 806, § 67;   R.S.1943, (1999), § 83-1057;  Laws 2004, LB 1083, § 73.
NE Code § 71-954 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-954 - Subject's rights; confront and cross-examine adverse witnesses and evidence.

71-954.  Subject's rights; confront and cross-examine adverse witnesses and evidence.A subject shall have the right at a hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to confront and cross-examine adverse witnesses and evidence equivalent to the rights of confrontation granted by Amendments VI and XIV of the United States Constitution and Article I, section 11, of the Constitution of Nebraska.Source   Laws 1976, LB 806, § 68;   Laws 1981, LB 95, § 22;  Laws 2000, LB 884, § 16;   R.S.Supp.,2002, § 83-1058;  Laws 2004, LB 1083, § 74;  Laws 2006, LB 1199, § 46.  Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations Pursuant to this section, the subject of a petition under the Nebraska Mental Health Commitment Act has the right to confront and cross-examine adverse witnesses and evidence equivalent to the rights granted under the Confrontation Clauses of the U.S. and Nebraska Constitutions. In the absence of a waiver by the subject of a petition for commitment of his or her right to confrontation, in order to admit the telephonic testimony of a mental health professional during a civil commitment hearing, the State must demonstrate that (1) such testimony is necessary to further an important public policy and (2) the mental health professional is truly unavailable as a witness, thus necessitating telephonic testimony. The requirements of a demonstration of an important public policy and necessity are conjunctive, and the absence of a demonstration of either precludes the admission of the telephonic testimony. In re Interest of S.B., 263 Neb. 175, 639 N.W.2d 78 (2002).
NE Code § 71-955 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-955 - Hearings; rules of evidence applicable.

71-955.  Hearings; rules of evidence applicable.The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Nebraska Mental Health Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.Source   Laws 1976, LB 806, § 69;   Laws 1981, LB 95, § 23;  Laws 2000, LB 884, § 17;   R.S.Supp.,2002, § 83-1059;  Laws 2004, LB 1083, § 75.  Annotations  The transcript of the proceeding before a mental health board may not be treated as evidence before the board, the district court, or this court unless the facts in the transcript are offered as evidence, are not objected to, and are received by the trier of fact. In re Interest of Kinnebrew, 224 Neb. 885, 402 N.W.2d 264 (1987). This statute makes the general rules of evidence applicable to proceedings under the Mental Health Commitment Act. In re Interest of Blythman, 208 Neb. 51, 302 N.W.2d 666 (1981). This section does not mandate Miranda-type warnings precede a psychiatric interview by a doctor. Kraemer v. Mental Health Board of the State of Nebraska, 199 Neb. 784, 261 N.W.2d 626 (1978).
NE Code § 71-956 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-956 - Subject's rights; written statements; contents.

71-956.  Subject's rights; written statements; contents.A subject shall be entitled to written statements by the mental health board as to the evidence relied on and reasons (1) for finding clear and convincing evidence at the subject's hearing that he or she is mentally ill and dangerous or a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in section 71-908 or subdivision (1) of section 83-174.01 and (2) for choosing the particular treatment specified by its order of final disposition. The mental health board shall make similar written findings when it orders a subject held in custody rather than released on conditions pending hearings to determine whether he or she is mentally ill and dangerous or a dangerous sex offender and in need of treatment ordered by the mental health board or pending the entry of an order of final disposition under section 71-925 or 71-1209.Source   Laws 1976, LB 806, § 70;   Laws 1981, LB 95, § 24;   R.S.1943, (1999), § 83-1060;  Laws 2004, LB 1083, § 76;  Laws 2006, LB 1199, § 47.
NE Code § 71-957 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-957 - Proceedings shall be of record; reporter; expenses and fees.

71-957.  Proceedings shall be of record; reporter; expenses and fees.All proceedings held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act shall be of record, and all oral proceedings shall be reported verbatim by either a qualified shorthand reporter or by tape-recording equipment equivalent in quality to that required in county courts by section 25-2732. The written findings of the mental health board shall be part of the subject's records and shall be available to the parties in the case and to the treatment facility where the subject is receiving treatment pursuant to a commitment order of the mental health board under section 71-925 or 71-1209. Any qualified shorthand reporter who reports proceedings presided over by a board or otherwise than in his or her capacity as an official district court stenographic reporter shall apply to the court for reasonable expenses and fees for services performed in such hearings. The court shall fix reasonable expenses and fees, and the county board shall allow payment to the reporter in the full amount fixed by the court.Source   Laws 1976, LB 806, § 71;  Laws 2000, LB 884, § 18;   R.S.Supp.,2002, § 83-1061;  Laws 2004, LB 1083, § 77;  Laws 2006, LB 1199, § 48.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-958 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-958 - Qualified mental health professional; provide medical treatment to subject; when.

71-958.  Qualified mental health professional; provide medical treatment to subject; when.Any qualified mental health professional, upon being authorized by the administrator of the treatment facility having custody of the subject, may provide appropriate medical treatment for the subject while in custody, except that a subject shall not be subjected to such quantities of medication or other treatment within such period of time prior to any hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act as will substantially impair his or her ability to assist in his or her defense at such hearing.Source   Laws 1976, LB 806, § 72;  Laws 2000, LB 884, § 19;   R.S.Supp.,2002, § 83-1062;  Laws 2004, LB 1083, § 78;  Laws 2006, LB 1199, § 49.  Cross References   Mistreatment of mentally ill person, penalty, see section 83-356.  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-959 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-959 - Subject in custody or receiving treatment; rights; enumerated.

71-959.  Subject in custody or receiving treatment; rights; enumerated.A subject in custody or receiving treatment under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act has the right:(1) To be considered legally competent for all purposes unless he or she has been declared legally incompetent. The mental health board shall not have the power to declare an individual incompetent;(2) To receive prompt and adequate evaluation and treatment for mental illness, personality disorders, and physical ailments and to participate in his or her treatment planning activities to the extent determined to be appropriate by the mental health professional in charge of the subject's treatment;(3) To refuse treatment medication, except (a) in an emergency, such treatment medication as is essential in the judgment of the mental health professional in charge of such treatment to prevent the subject from causing injury to himself, herself, or others or (b) following a hearing and order of a mental health board, such treatment medication as will substantially improve his or her mental illness or personality disorder or reduce the risk posed to the public by a dangerous sex offender;(4) To communicate freely with any other person by sealed mail, personal visitation, and private telephone conversations;(5) To have reasonably private living conditions, including private storage space for personal belongings;(6) To engage or refuse to engage in religious worship and political activity;(7) To be compensated for his or her labor in accordance with the federal Fair Labor Standards Act, 29 U.S.C. 206, as such section existed on January 1, 2004;(8) To have access to a patient grievance procedure; and(9) To file, either personally or by counsel, petitions or applications for writs of habeas corpus for the purpose of challenging the legality of his or her custody or treatment.Source   Laws 1976, LB 806, § 76;  Laws 2000, LB 884, § 21;   R.S.Supp.,2002, § 83-1066;  Laws 2004, LB 1083, § 79;  Laws 2006, LB 1199, § 50. Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations The determination of what constitutes "prompt and adequate" treatment, as those terms are used in subsection (2) of this section, will inherently be a factual determination to be made based on the evidence and circumstances presented in each particular case. Navarette v. Settle, 10 Neb. App. 479, 633 N.W.2d 588 (2001).
NE Code § 71-960 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-960 - Subject; waive rights; manner.

71-960.  Subject; waive rights; manner.A subject may waive any of the proceedings or rights incident to proceedings granted him or her under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act by failing to request any right expressly required to be requested but, in the case of all other such rights, only if the record reflects that such waiver was made personally, intelligently, knowingly, understandingly, and voluntarily by the subject and such subject's legal guardian or conservator, if any. Such rights may otherwise be denied only by a mental health board or court order for good cause shown after notice to the subject, the subject's counsel, and such subject's guardian or conservator, if any, and an opportunity to be heard. If the mental health board determines that the subject is not able to waive his or her rights under this section, it shall be up to the discretion of the subject's counsel to exercise such rights. When the subject is not represented by counsel, the rights may not be waived.Source   Laws 1976, LB 806, § 74;   Laws 1996, LB 1155, § 109;  Laws 2000, LB 884, § 20;   R.S.Supp.,2002, § 83-1064;  Laws 2004, LB 1083, § 80;  Laws 2006, LB 1199, § 51.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-961 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-961 - Subject's records; confidential; exceptions.

71-961.  Subject's records; confidential; exceptions.(1) All records kept on any subject shall remain confidential except as otherwise provided by law. Such records shall be accessible to (a) the subject, except as otherwise provided in subsection (2) of this section, (b) the subject's legal counsel, (c) the subject's guardian or conservator, if any, (d) the mental health board having jurisdiction over the subject, (e) persons authorized by an order of a judge or court, (f) persons authorized by written permission of the subject, (g) agents or employees of the Department of Health and Human Services upon delivery of a subpoena from the department in connection with a licensing or licensure investigation by the department, (h) individuals authorized to receive notice of the release of a sex offender pursuant to section 83-174, (i) the Nebraska State Patrol or the department pursuant to section 69-2409.01, or (j) the Division of Parole Supervision if the subject meets the requirements for lifetime community supervision pursuant to section 83-174.03.(2) Upon application by the county attorney or by the administrator of the treatment facility where the subject is in custody and upon a showing of good cause therefor, a judge of the district court of the county where the mental health board proceedings were held or of the county where the treatment facility is located may order that the records not be made available to the subject if, in the judgment of the court, the availability of such records to the subject will adversely affect his or her mental illness or personality disorder and the treatment thereof.(3) When a subject is absent without authorization from a treatment facility or program described in section 71-939 or 71-1223 and is considered to be dangerous to others, the subject's name and description and a statement that the subject is believed to be considered dangerous to others may be disclosed in order to aid in the subject's apprehension and to warn the public of such danger.Source   Laws 1976, LB 806, § 78;   Laws 1996, LB 1055, § 17;   Laws 1996, LB 1155, § 111;   Laws 1997, LB 307, § 230;   R.S.1943, (1999), § 83-1068;  Laws 2004, LB 1083, § 81;  Laws 2006, LB 1199, § 52;  Laws 2007, LB296, § 463;  Laws 2018, LB841, § 13.
NE Code § 71-962 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-962 - Violations; penalty.

71-962.  Violations; penalty.Any person who willfully (1) files or causes to be filed a certificate or petition under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, knowing any of the allegations thereof to be false, (2) deprives a subject of any of the rights granted the subject by either act or section 83-390, or (3) breaches the confidentiality of records required by section 71-961 shall be guilty of a Class II misdemeanor in addition to any civil liability which he or she may incur for such actions.Source   Laws 1976, LB 806, § 79;   Laws 1977, LB 41, § 63;  Laws 2000, LB 884, § 22;   R.S.Supp.,2002, § 83-1069;  Laws 2004, LB 1083, § 82;  Laws 2006, LB 1199, § 53. Cross References  Sex Offender Commitment Act, see section 71-1201.Annotations The Nebraska Mental Health Commitment Act provides for a criminal penalty for any person who willfully breaches the confidentiality of records as required by section 83-1068, in addition to any civil liability which may be incurred by such acts. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).