reglab/housing_qa huggingface dataset:
NE Code § 29-2537 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2537 - Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.

29-2537.  Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.(1) If any convicted person under sentence of death shall appear to be incompetent, the Director of Correctional Services shall forthwith give notice thereof to a judge of the district court of the judicial district in which the convicted person was tried and sentenced and such judge shall at once make such investigation as shall satisfy him or her as to whether a commission ought to be named to examine such convicted person.(2) If the court determines that there is not sufficient reason for the appointment of a commission, the court shall so find and refuse to suspend the execution of the convicted person. If the court determines that a commission ought to be appointed to examine such convicted person, the court shall make a finding to that effect and cause it to be entered upon the records of the district court in the county in which such convicted person was sentenced, and, if necessary, the court shall suspend the execution and appoint three licensed mental health professionals employed by the state as a commission to examine such convicted person. The commission shall examine the convicted person to determine whether he or she is competent or incompetent and shall report its findings in writing to the court within ten days after its appointment. If two members of the commission find the convicted person incompetent, the court shall suspend the convicted person's execution until further order. Thereafter, the court shall appoint a commission annually to review the convicted person's competency. The results of such review shall be provided to the court. If the convicted person is subsequently found to be competent by two members of the commission, the court shall certify that finding to the Supreme Court which shall then establish a date for the enforcement of the convicted person's sentence.(3) The standard for the determination of competency under this section shall be the same as the standard for determining competency to stand trial.Source   Laws 1973, LB 268, § 22;   Laws 1986, LB 1177, § 8;  Laws 2009, LB36, § 1;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2537 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2538 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2538 - Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.

29-2538.  Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.If a court has suspended the execution of the convicted person pending an investigation as to his or her competency, the date for the enforcement of the convicted person's sentence has passed, and the convicted person is found to be competent, the court shall certify that finding to the Supreme Court which shall appoint a day for the enforcement of the convicted person's sentence.Source   Laws 1973, LB 268, § 23;  Laws 2009, LB36, § 2;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2538 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2539 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2539 - Commission members; mileage; payment.

29-2539.  Commission members; mileage; payment.The members of the commission appointed pursuant to section 29-2537 shall each receive mileage at the rate authorized in section 81-1176 for state employees for each mile actually and necessarily traveled in reaching and returning from the place where the convicted person is confined and examined, and it is hereby made the duty of the commission to act in this capacity without compensation other than that already provided for them by law. All of the findings and orders aforesaid shall be entered in the district court records of the county wherein the convicted person was originally tried and sentenced, and the costs therefor, including those providing for the mileage of the members of the commission, shall be allowed and paid in the usual manner by the county in which the convicted person was tried and sentenced to death.Source   Laws 1973, LB 268, § 24;   Laws 1981, LB 204, § 44;  Laws 2009, LB36, § 3;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2539 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2540 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2540 - Female convicted person; pregnant; notice to judge; procedures.

29-2540.  Female convicted person; pregnant; notice to judge; procedures.If a female convicted person under sentence of death shall appear to be pregnant, the Director of Correctional Services shall in like manner notify the judge of the district court of the county in which she was sentenced, who shall in all things proceed as in the case of an incompetent convicted person.Source   Laws 1973, LB 268, § 25;   Laws 1986, LB 1177, § 9;  Laws 2009, LB36, § 4;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2540 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election. Cross References  Mentally incompetent convicts, see sections 29-2537 to 29-2539.
NE Code § 29-2541 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2541 - Female convicted person; finding convicted person is pregnant; judge; duties; costs.

29-2541.  Female convicted person; finding convicted person is pregnant; judge; duties; costs.If the commission appointed pursuant to section 29-2537 finds that the female convicted person is pregnant, the court shall suspend the execution of her sentence. At such time as it shall be determined that such woman is no longer pregnant, the judge shall appoint a date for her execution and issue a warrant directing the enforcement of the sentence of death which shall be delivered to the Director of Correctional Services. The costs and expenses thereof shall be the same as those provided for in the case of an incompetent convicted person and shall be paid in the same manner.Source   Laws 1973, LB 268, § 26;   Laws 1986, LB 1177, § 10;  Laws 2009, LB36, § 5;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2541 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2542 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2542 - Escaped convict; return; notify Supreme Court; fix date of execution.

29-2542.  Escaped convict; return; notify Supreme Court; fix date of execution.If any person who has been convicted of a crime punishable by death, and sentenced to death, shall escape, and shall not be retaken before the time fixed for his or her execution, it shall be lawful for the Director of Correctional Services, or any sheriff or other officer or person, to rearrest such person and return him or her to the custody of the director, who shall thereupon notify the Supreme Court that such person has been returned to custody. Upon receipt of that notice, the Supreme Court shall then issue a warrant, fixing a date for the enforcement of the sentence which shall be delivered to the director. The date of execution shall be set no later than sixty days following the issuance of the warrant.Source   Laws 1973, LB 268, § 27;  Laws 2009, LB36, § 6;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2542 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2543 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2543 - Person convicted of crime sentenced to death; Supreme Court; warrant.

29-2543.  Person convicted of crime sentenced to death; Supreme Court; warrant.(1) Whenever any person has been tried and convicted before any district court in this state, has been sentenced to death, and has had his or her sentence of death affirmed by the Supreme Court on mandatory direct review, it shall be the duty of the Supreme Court to issue a warrant, under the seal of the court, reciting therein the conviction and sentence and establishing a date for the enforcement of the sentence directed to the Director of Correctional Services, commanding him or her to proceed at the time named in the warrant. The date of execution shall be set no later than sixty days following the issuance of the warrant.(2) Thereafter, if the initial execution date has been stayed and the original execution date has expired, the Supreme Court shall establish a new date for enforcement of the sentence upon receipt of notice from the Attorney General that the stay of execution is no longer in effect and issue its warrant to the director. The date of execution shall be set no later than sixty days following the issuance of the warrant.Source   Laws 1973, LB 268, § 28;   Laws 1993, LB 31, § 12;  Laws 2009, LB36, § 7;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2543 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election. Annotations Nebraska Supreme Court has jurisdiction to set successive execution dates and issue warrants as may be needed. State v. Joubert, 246 Neb. 287, 518 N.W.2d 887 (1994).
NE Code § 29-2546 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2546 - Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.

29-2546.  Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.Whenever the Supreme Court reverses the judgment of conviction in accordance with which any convicted person has been sentenced to death and is confined in a Department of Correctional Services adult correctional facility as herein provided, it shall be the duty of the Director of Correctional Services, upon receipt of a copy of such judgment of reversal, duly certified by the clerk of the court and under the seal thereof, to forthwith deliver such convicted person into the custody of the sheriff of the county in which the conviction was had to be held in the jail of the county awaiting the further judgment and order of the court in the case.Source   Laws 1973, LB 268, § 31;   Laws 1993, LB 31, § 13;  Laws 2009, LB36, § 8;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2546 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2639 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2639 - Compact, how cited.

29-2639.  Compact, how cited.Sections 29-2639 and 29-2640 shall be known and may be cited as the Interstate Compact for Adult Offender Supervision.Source  Laws 2003, LB 46, § 2.   Note: Laws 2003, LB 46, section 51, provided this section became operative "when thirty-five states have adopted the Interstate Compact for Adult Offender Supervision". By June 2002, the compact had reached this threshold. (See www.interstatecompact.org.) LB 46 became effective May 24, 2003.
NE Code § 29-2701 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2701 - Fines, costs, forfeited recognizances; to whom paid.

29-2701.  Fines, costs, forfeited recognizances; to whom paid.All money due upon any judgment for fines, costs, or forfeited recognizances shall be paid to the judge or clerk of the court where the judgment is pending, if paid before execution is issued therefor, otherwise to the officer holding the execution, or such money may be paid to the sheriff of the county if the judgment debtor is in jail. Every sheriff, marshal, or other ministerial officer who shall receive any such money shall pay the same to the proper clerk of the court within ten days from the time of receiving the same.Source   G.S.1873, c. 58, § 533, p. 840;   R.S.1913, § 9237;   C.S.1922, § 10266;   C.S.1929, § 29-2701;   R.S.1943, § 29-2701;   Laws 1973, LB 226, § 18;   Laws 1988, LB 1030, § 28.  Annotations Fines and penalties collected by clerk of the district court are public money. State ex rel. Broatch v. Moores, 52 Neb. 770, 73 N.W. 299 (1897).
NE Code § 29-2702 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2702 - Money received; disposition.

29-2702.  Money received; disposition.Every judge or clerk of court, upon receiving any money on account of forfeited recognizances, fines, or costs accruing or due to the county or state, shall pay the same to the treasurer of the proper county, except as may be otherwise expressly provided, within thirty days from the time of receiving the same. When any money is paid to a judge or clerk of court on account of costs due to individual persons, the same shall be paid to the persons to whom the same are due upon demand.Source   G.S.1873, c. 58, § 534, p. 840;   R.S.1913, § 9238;   C.S.1922, § 10267;   Laws 1927, c. 62, § 1, p. 223;   C.S.1929, § 29-2702;   R.S.1943, § 29-2702;   Laws 1973, LB 226, § 19;   Laws 1988, LB 370, § 8;  Laws 2020, LB1028, § 6.  Annotations  This section recognizes the constitutional requirement for disposition of fines, penalties, and license money. School Dist. No. 54 v. School Dist. of Omaha, 171 Neb. 769, 107 N.W.2d 744 (1961). Where clerk of district court deposits money received from payment of fines in bank to his own individual credit, he thereby converts money to his own use. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).
NE Code § 29-2703 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2703 - Costs; county not liable; exception.

29-2703.  Costs; county not liable; exception.No costs shall be paid from the county treasury in any case of prosecution for a misdemeanor except as provided in section 29-2709.Source   G.S.1873, c. 58, § 535, p. 840;   R.S.1913, § 9239;   C.S.1922, § 10268;   C.S.1929, § 29-2703;   R.S.1943, § 29-2703;   Laws 1965, c. 125, § 2, p. 462;   Laws 1973, LB 226, § 19;   Laws 1987, LB 665, § 1.  Annotations  Taxation of jury costs to defendant under this section requires finding by district court supported by evidence that appeal was frivolous or capricious. State v. Stanosheck, 186 Neb. 17, 180 N.W.2d 226 (1970). Taxing as costs of meals, lodging, and mileage of jurors is not authorized. State v. Jungclaus, 176 Neb. 641, 126 N.W.2d 858 (1964). Costs cannot be paid by county unless approval of prosecution by county attorney is obtained. Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958).
NE Code § 29-2704 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2704 - Preliminary examinations for felony; transcript of costs; audit; allowance; payment.

29-2704.  Preliminary examinations for felony; transcript of costs; audit; allowance; payment.Upon examination in county court on complaint of a felony, whether the accused is held to answer in court or discharged, the court may file with the county clerk a certified transcript of the costs as assessed under section 29-2709, giving the items of the same, and to whom each is due, and on what account. As early as may be after the filing of such bill, but without assembling for the special purpose, the county board of the proper county shall examine into such bill of costs as to its correctness, justice, and legality and may, if need be, examine under oath any person upon the subject, which oath may be administered by the county clerk.It shall be the duty of the board to disallow any item, in whole or in part, of such bill that is found to be unlawful or needlessly incurred, or if it appears that the complaint was made for a felony when it should have been for a misdemeanor only, it may in its discretion disallow the entire bill or any part thereof.The board may order that such bill, or so much thereof as it finds to be lawful and just, be paid from the county treasury, whereupon the county clerk shall draw warrants upon the county treasurer for the sums respectively due to each person upon such bill so allowed, which warrants the treasurer shall pay from the county general fund. The amount of costs so allowed shall be certified by the county clerk, and the certificate filed with the papers in the cause, in the office of the clerk of the district court. If the defendant shall be convicted, judgment shall be rendered against him or her for the costs so allowed, in addition to the costs made in the district court.Source   G.S.1873, c. 58, § 536, p. 840;   R.S.1913, § 9240;   C.S.1922, § 10269;   C.S.1929, § 29-2704;   R.S.1943, § 29-2704;   Laws 1973, LB 226, § 21;   Laws 1984, LB 13, § 72;  Laws 2001, LB 83, § 1.  Annotations  Section does not fix liability on county for fees of defendant's witnesses. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901). County is liable for costs on felony charge whether accused was held to answer in court or not. If charge should have been for misdemeanor, board may disallow. Dodge County v. Gregg, 14 Neb. 305, 15 N.W. 741 (1883). Section is constitutional. Costs in misdemeanor cases may be disallowed by county board. Boggs v. Washington County, 10 Neb. 297, 4 N.W. 984 (1880).
NE Code § 29-2705 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2705 - Clerk of district court; cost bill in felony cases; payment.

29-2705.  Clerk of district court; cost bill in felony cases; payment.Upon the discharge or conviction of the defendant in any case of felony in the district court, it shall be lawful for the clerk of such court to file in the office of the county clerk a bill of the costs not previously allowed by the county board, whereupon the same shall be examined into, audited and allowed, and paid in the manner specified in section 29-2704; Provided, nothing in this section or section 29-2704 shall preclude any court or clerk, in any case, from delaying the filing of such cost bill for allowance as aforesaid, until it shall be determined whether the same will be collected from the defendant; and no cost bill shall be filed for allowance as aforesaid under the provisions of this section, while there is pending in the cause any proceeding in error, or any unexpired recognizance for replevy of the judgment.Source   G.S.1873, c. 58, § 537, p. 841;   R.S.1913, § 9241;   C.S.1922, § 10270;   C.S.1929, § 29-2705;   R.S.1943, § 29-2705;   Laws 1973, LB 226, § 22.  Annotations Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
NE Code § 29-2706 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2706 - Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.

29-2706.  Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the costs from the defendant, and the fine also, if any shall have been adjudged against him. When the costs shall have been collected, if the same shall have been allowed for payment from the county treasurer as provided in section 29-2705, it shall be the duty of the clerk of the court to certify and pay the same immediately to the county treasurer, together with any fine that may have been collected in the case.Source   G.S.1873, c. 58, § 538, p. 841;   R.S.1913, § 9242;   C.S.1922, § 10271;   C.S.1929, § 29-2706;   R.S.1943, § 29-2706.
NE Code § 29-2708 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2708 - Receipts; to what funds credited; disbursement of costs in criminal cases.

29-2708.  Receipts; to what funds credited; disbursement of costs in criminal cases.All money arising from fines and recognizances shall be credited by the county treasurer to the county school fund except as provided by Article VII, section 5, Constitution of Nebraska, and the costs and proceeds of jail labor shall be credited to the county general fund. Whenever any costs in any criminal case are paid from the county treasury, such payment shall be made from the county general fund; and when any warrant is drawn by the county clerk upon the treasurer of the county for the payment of such costs, a true record of the same and the definite purpose of every such warrant shall be recorded in the clerk's office showing the cause in which such costs are paid.Source   G.S.1873, c. 58, § 540, p. 842;   R.S.1913, § 9244;   C.S.1922, § 10273;   C.S.1929, § 29-2708;   R.S.1943, § 29-2708;   Laws 1959, c. 125, § 1, p. 459;   Laws 1988, LB 370, § 9.  Annotations This section recognizes the constitutional requirement for disposition of fines, penalties, and license money. School Dist. No. 54 v. School Dist. of Omaha, 171 Neb. 769, 107 N.W.2d 744 (1961).
NE Code § 29-2710 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2710 - Witness fees; criminal cases in district court; by whom paid.

29-2710.  Witness fees; criminal cases in district court; by whom paid.The fees of all witnesses in criminal cases in the district court shall be paid by the county where the indictment is found.Source   Laws 1875, § 1, p. 33;   R.S.1913, § 9246;   C.S.1922, § 10275;   C.S.1929, § 29-2710;   R.S.1943, § 29-2710. Annotations Section does not create new liability on county. Hewerkle v. Gage County, 14 Neb. 18, 14 N.W. 549 (1883).
NE Code § 29-2802 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2802 - Writ; applicant; to be taken before judge; return.

29-2802.  Writ; applicant; to be taken before judge; return.It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same court, on the day specified in such writ, and to make due return of the writ, together with the day and cause of caption and detention of such person, according to the command thereof.Source   G.S.1873, c. 58, § 354, p. 804;   R.S.1913, § 9248;   C.S.1922, § 10277;   C.S.1929, § 29-2802;   R.S.1943, § 29-2802. Annotations  A person to whom a writ of habeas corpus is directed makes response to the writ, not to petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944). When a child of age of 21 months is the subject of habeas corpus proceeding, it is not necessary that the child remain in the courtroom at all times, but the court may direct on what occasions, during the trial, it shall be brought into court. Kaufmann v. Kaufmann, 140 Neb. 299, 299 N.W. 617 (1941).