reglab/housing_qa huggingface dataset:
NE Code § 83-1,102 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,102 - Director of Supervision and Services; duties.

83-1,102.  Director of Supervision and Services; duties.The Director of Supervision and Services shall:(1) Supervise and administer the Division of Parole Supervision;(2) Establish and maintain policies, standards, and procedures for the field parole service and the community supervision of sex offenders pursuant to section 83-174.03;(3) Divide the state into parole districts and appoint district parole officers and such other employees as may be required to carry out adequate parole supervision of all parolees, prescribe their powers and duties, and obtain division offices for staff in each district as may be necessary;(4) Cooperate with the Board of Parole, the courts, the Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice, and all other agencies, public and private, which are concerned with the treatment or welfare of persons on parole;(5) Provide the Board of Parole and district judges with any record of a parolee which the board or such judges may require;(6) Make recommendations to the Board of Parole or district judge in cases of violation of the conditions of parole, issue warrants for the arrest of parole violators when so instructed by the board or district judge, notify the Director of Correctional Services of determinations made by the board, and upon instruction of the board, issue certificates of parole and of parole revocation to the facilities and certificates of discharge from parole to parolees;(7) Organize and conduct training programs for the district parole officers and other employees;(8) Use the funds provided under section 83-1,107.02 to augment operational or personnel costs associated with the development, implementation, and evaluation of enhanced parole-based programs and purchase services to provide such programs aimed at enhancing adult parolee supervision in the community and treatment needs of parolees. Such enhanced parole-based programs include, but are not limited to, specialized units of supervision, related equipment purchases and training, and programs that address a parolee's vocational, educational, mental health, behavioral, or substance abuse treatment needs, including evidence-based peer and family support programs;(9) Ensure that any risk or needs assessment instrument utilized by the system be periodically validated;(10) Report annually to the Governor and electronically to the Clerk of the Legislature beginning January 1, 2015, the number of parole revocations and the number of technical violations of parole; and(11) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.Source   Laws 1969, c. 817, § 33, p. 3088;   Laws 1971, LB 680, § 28;  Laws 2003, LB 46, § 19;  Laws 2005, LB 538, § 23;  Laws 2006, LB 1199, § 93;  Laws 2011, LB390, § 25;  Laws 2014, LB907, § 15;  Laws 2018, LB841, § 28.  Cross References  Definitions applicable, see section 29-2246.
NE Code § 83-1,103 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,103 - Field parole service; duties.

83-1,103.  Field parole service; duties.The field parole service, consisting of district parole officers working under the direction of the Director of Supervision and Services or district judge, shall be responsible for the investigation, supervision, and assistance of parolees, probationers, or individuals subject to community supervision under section 83-174.03. The field parole service shall be sufficient in size to assure that no district parole officer carries a case load larger than is compatible with adequate parole investigation or supervision.Source   Laws 1969, c. 817, § 34, p. 3089;   Laws 1971, LB 680, § 29;  Laws 2006, LB 1199, § 94;  Laws 2018, LB841, § 29.  Cross References  Definitions applicable, see section 29-2246.
NE Code § 83-1,103.01 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,103.01 - Lifetime community supervision; parole officer; duties.

83-1,103.01.  Lifetime community supervision; parole officer; duties.A parole officer assigned by the Director of Supervision and Services to supervise individuals subject to lifetime community supervision pursuant to section 83-174.03 shall:(1) Make investigations, prior to an individual subject to community supervision being released from incarceration, in cooperation with institutional caseworkers at prisons, mental health facilities, and county jails, to determine the community supervision conditions necessary to protect the public and make reasonable advance preparation for release into the community;(2) Assist individuals subject to community supervision to comply with the conditions of supervision and to make a successful adjustment in the community;(3) Supervise individuals subject to community supervision by keeping informed of their conduct and condition;(4) Make reports as required by the Director of Supervision and Services to determine the effectiveness of community supervision in protecting the public or the progress of an individual subject to community supervision;(5) Cooperate with social welfare agencies and treatment providers to ensure that individuals subject to community supervision receive any necessary services or treatment;(6) Inform the Director of Supervision and Services when, in the opinion of the community supervision officer, an individual is in violation of the conditions of his or her community supervision, and whenever necessary exercise the power of arrest as provided in section 83-1,102;(7) Conduct periodic reviews of the conditions of community supervision imposed on an individual as required by the Director of Supervision and Services; and(8) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.Source  Laws 2006, LB 1199, § 95;  Laws 2018, LB841, § 30.
NE Code § 83-1,103.02 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,103.02 - Lifetime community supervision; Division of Parole Supervision; duties; certificate of community supervision; appeal.

83-1,103.02.  Lifetime community supervision; Division of Parole Supervision; duties; certificate of community supervision; appeal.(1) Prior to the release from incarceration of an individual subject to lifetime community supervision pursuant to section 83-174.03, the Division of Parole Supervision shall:(a) Notify the individual in writing that he or she is subject to community supervision upon completion of his or her criminal sentence;(b) Inform the individual subject to community supervision of the process by which conditions of community supervision are determined and his or her right to submit relevant information to the division for consideration when establishing the conditions of supervision;(c) Determine the individual's risk of recidivism if released into the community, utilizing a validated risk assessment tool;(d) After considering the information required in subdivision (e) of this subsection, determine the conditions of supervision which will most effectively minimize the risk of the individual committing another sex offense. The conditions shall be the least restrictive conditions available, in terms of the effect on the individual's personal freedom, which minimize the risk of recidivism and are compatible with public safety; and(e) In determining the conditions of supervision to be imposed, the division shall consider the following:(i) A report prepared by the institutional caseworkers relating to the individual's personality, social history, and adjustment to authority and including any recommendations which the staff of the facility may make;(ii) All official reports of the individual's prior criminal record, including reports and records of earlier probation and parole experiences;(iii) The presentence investigation report;(iv) The reports of any physical, mental, and psychiatric examinations of the individual;(v) Any relevant information which may be submitted by the individual, his or her attorney, the victim of the crime, or other persons; and(vi) Such other relevant information concerning the individual as may be reasonably available.(2) Upon completion of the risk assessment and the determination of the conditions of community supervision and no later than thirty days prior to the completion of the individual's criminal sentence, the division shall issue a certificate of community supervision to the individual containing the conditions of community supervision he or she will be required to comply with upon the completion of his or her criminal sentence. The Director of Supervision and Services shall include with the certificate written information on how to appeal the determination of the conditions of community supervision.Source  Laws 2006, LB 1199, § 96;  Laws 2018, LB841, § 31.
NE Code § 83-1,103.03 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,103.03 - Lifetime community supervision; Division of Parole Supervision; annual review.

83-1,103.03.  Lifetime community supervision; Division of Parole Supervision; annual review.The Division of Parole Supervision shall review the conditions of community supervision imposed on an individual pursuant to section 83-174.03 on an annual basis and shall provide the individual the opportunity to submit written materials to the division for consideration during such review.If the division determines, after reviewing the individual's conduct while under supervision and any other relevant facts, that one or more of the conditions of community supervision imposed upon the individual is no longer necessary to reduce the risk of the individual reoffending or is no longer the least restrictive condition compatible with public safety, the division shall revise the conditions of community supervision so that the individual's freedom is not unnecessarily restricted.Source  Laws 2006, LB 1199, § 97;  Laws 2018, LB841, § 32.
NE Code § 83-1,103.04 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,103.04 - Lifetime community supervision; determination or revision of conditions; appeal; burden of proof.

83-1,103.04.  Lifetime community supervision; determination or revision of conditions; appeal; burden of proof.(1) Whenever a determination or revision of the conditions of community supervision is made by the Division of Parole Supervision, the individual subject to the conditions shall be entitled to an appeal. The appeal shall be heard by the district court in the county where the individual resides. The individual shall be informed of his or her right to request counsel, and if counsel is requested the court shall determine if the individual is indigent. If the court finds the individual to be indigent, it shall appoint counsel from the public defender's office to represent the individual during the appeal.(2) In an appeal contesting the determination or revision of the conditions of community supervision, the burden of proof shall be on the individual subject to community supervision to show by clear and convincing evidence (a) that the conditions in question will not reduce the risk of the individual reoffending or otherwise protect the public or (b) that the condition is overly restrictive of the individual's freedom and a less restrictive condition is available which is equally or more effective in reducing the risk of the individual reoffending.Source  Laws 2006, LB 1199, § 98;  Laws 2018, LB841, § 33.
NE Code § 83-1,104 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,104 - District parole officer; duties.

83-1,104.  District parole officer; duties.A district parole officer shall:(1) Make investigations, prior to a committed offender's release on parole, in cooperation with institutional caseworkers and the Board of Parole to determine the adequacy of parole plans and make reasonable advance preparation for release on parole;(2) Assist a committed offender who requests assistance prior to release or a parolee to comply with the conditions of parole and to make a successful adjustment in the community, including facilitating the transitional needs of housing and employment, access to and participation in job training services in the community, access to mental health services, assisting with applications for health care coverage or ensuring that the committed offender or parolee knows how to apply for and obtain health care coverage, and assisting with enrollment in the medical assistance program established pursuant to the Medical Assistance Act, if eligible, to ensure that the committed offender or parolee has access to such program close to the time of release or soon thereafter;(3) Supervise parolees by keeping informed of their conduct and condition, utilizing global positioning systems and other monitoring technology as needed during the period of supervision;(4) Make such reports as required by the Director of Supervision and Services or district judge to determine the effectiveness of the parole system or the progress of an individual parolee;(5) Cooperate with social welfare agencies;(6) Observe the work of any parole officer under his or her supervision from time to time;(7) Inform the Director of Supervision and Services when, in his or her opinion, any eligible parolee's conduct and attitude warrant his or her discharge from active supervision, or when any parolee's violation of the conditions of parole is of sufficient seriousness to require action by the Board of Parole or district judge and whenever necessary exercise the power of arrest as provided in section 83-1,119;(8) Delegate in his or her discretion any of the above responsibilities to a parole officer under his or her supervision; and(9) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.Source   Laws 1969, c. 817, § 35, p. 3089;   Laws 1971, LB 680, § 30;  Laws 2014, LB907, § 16;  Laws 2018, LB841, § 34.  Cross References   Definitions applicable, see section 29-2246.  Medical Assistance Act, see section 68-901.
NE Code § 83-1,107.02 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,107.02 - Parole Program Cash Fund; created; use; investment.

83-1,107.02.  Parole Program Cash Fund; created; use; investment.The Parole Program Cash Fund is created. All funds collected pursuant to section 83-1,107.01 shall be remitted to the State Treasurer for credit to the fund. The fund shall be utilized by the Division of Parole Supervision for the purposes stated in subdivision (8) of section 83-1,102. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source  Laws 2003, LB 46, § 22;  Laws 2011, LB390, § 26;  Laws 2018, LB841, § 37.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 83-1,108 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,108 - Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.

83-1,108.  Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.(1) The board shall reduce, for good conduct in conformity with the conditions of parole, a parolee's parole term by ten days for each month of such term. The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to section 83-1,107, to determine the date when discharge from parole becomes mandatory.(2) Reductions of the parole terms may be forfeited, withheld, and restored by the board after the parolee has been consulted regarding any charge of misconduct or breach of the conditions of parole.Source   Laws 1969, c. 817, § 39, p. 3092;   Laws 1972, LB 1499, § 8;   Laws 1975, LB 567, § 4;   Laws 1992, LB 816, § 3;  Laws 2011, LB191, § 2. Annotations  Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976). "Good time" under this section should not be applied against a mandatory minimum sentence imposed under section 29-2221(1). Hurbenca v. Nebraska Dept. of Corr. Servs., 16 Neb. App. 222, 742 N.W.2d 773 (2007).
NE Code § 83-1,109 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,109 - Chief executive officer; good time; report; Director of Correctional Services; duties.

83-1,109.  Chief executive officer; good time; report; Director of Correctional Services; duties.The chief executive officer of a facility shall regularly report all good time and all forfeitures, withholdings, and restorations of good time to the director. On the basis of such report, the director shall inform the board and the Director of Supervision and Services of all committed offenders who are expected to become eligible for release on parole within the next three months.Source   Laws 1969, c. 817, § 40, p. 3093;   Laws 1975, LB 567, § 5;   Laws 1992, LB 816, § 4;  Laws 2018, LB841, § 38.  Annotations  Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976). Prisoner's statutory right to good time may not be taken away from him without following minimum appropriate due process procedures. Wolff v. McDonnell, 418 U.S. 539 (1974).
NE Code § 83-1,110.01 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,110.01 - Substance abuse therapy; department; duties; waiver of requirement by board; when.

83-1,110.01.  Substance abuse therapy; department; duties; waiver of requirement by board; when.The department shall provide substance abuse therapy required by section 28-416 prior to the first parole eligibility date of the committed person. Based on the recommendations, if any, regarding psychological treatment of the committed person pursuant to section 83-179, the department shall provide the person with adequate access or availability to mental health therapy prior to the first parole eligibility date of the committed person. If the board finds that the department did not provide adequate access or availability to the committed person prior to the first parole eligibility date, the board may waive the requirement of section 28-416 only if, as a condition of parole, the committed person agrees to attend and complete therapy which is recommended by the board.Source   Laws 1994, LB 677, § 17;   R.S.1943, (1994), § 83-1,135.01;   Laws 1997, LB 274, § 1.
NE Code § 83-1,110.02 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,110.02 - Medical parole; eligibility; conditions; term.

83-1,110.02.  Medical parole; eligibility; conditions; term.(1) A committed offender who is not under sentence of death or of life imprisonment and who because of an existing medical or physical condition is determined by the department to be terminally ill or permanently incapacitated may be considered for medical parole by the board. A committed offender may be eligible for medical parole in addition to any other parole. The department shall identify committed offenders who may be eligible for medical parole based upon their medical records.(2) The board shall decide to grant medical parole only after a review of the medical, institutional, and criminal records of the committed offender and such additional medical evidence from board-ordered examinations or investigations as the board in its discretion determines to be necessary. The decision to grant medical parole and to establish conditions of release on medical parole in addition to the conditions stated in subsection (3) of this section is within the sole discretion of the board.(3) As conditions of release on medical parole, the board shall require that the committed offender agree to placement for medical treatment and that he or she be placed for a definite or indefinite period of time in a hospital, a hospice, or another housing accommodation suitable to his or her medical condition, including, but not limited to, his or her family's home, as specified by the board.(4) The parole term of a medical parolee shall be for the remainder of his or her sentence as reduced by any adjustment for good conduct pursuant to the Nebraska Treatment and Corrections Act.Source  Laws 2005, LB 538, § 25;  Laws 2015, LB268, § 32;   Referendum 2016, No. 426;  Laws 2018, LB841, § 39.
NE Code § 83-1,110.03 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,110.03 - Medical parole; revocation; effect.

83-1,110.03.  Medical parole; revocation; effect.(1) If during the term of medical parole the medical condition of a medical parolee improves to the extent that he or she is no longer eligible for medical parole, the board may order that he or she be returned to the custody of the department to await a hearing to determine whether the medical parole should be revoked.(2) If medical parole is revoked due to improvement in the medical condition of the parolee, he or she shall serve the balance of his or her sentence with credit for time served on medical parole and without forfeiture of any credits accrued for good conduct pursuant to the Nebraska Treatment and Corrections Act prior to medical parole.(3) If a medical parolee whose medical parole is revoked due to improvement in his or her medical condition would otherwise be eligible for parole or any other release program, he or she may be considered for such release program.(4) In addition to revocation of medical parole pursuant to subsection (1) of this section, medical parole may also be revoked for violation of any condition of the medical parole established by the board.Source Laws 2005, LB 538, § 26.
NE Code § 83-1,110.04 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,110.04 - Offender under eighteen years of age when offense committed; denied parole; considered for release every year; Board of Parole; duties.

83-1,110.04.  Offender under eighteen years of age when offense committed; denied parole; considered for release every year; Board of Parole; duties.(1) Any offender who was under the age of eighteen years when he or she committed the offense for which he or she was convicted and incarcerated shall, if the offender is denied parole, be considered for release on parole by the Board of Parole every year after the denial.(2) During each hearing before the Board of Parole for the offender, the board shall consider and review, at a minimum:(a) The offender's educational and court documents;(b) The offender's participation in available rehabilitative and educational programs while incarcerated;(c) The offender's age at the time of the offense;(d) The offender's level of maturity;(e) The offender's ability to appreciate the risks and consequences of his or her conduct;(f) The offender's intellectual capacity;(g) The offender's level of participation in the offense;(h) The offender's efforts toward rehabilitation; and(i) Any other mitigating factor or circumstance submitted by the offender.Source Laws 2013, LB44, § 3.
NE Code § 83-1,112 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-1,112 - Committed offender; eligible for parole; parole plan of offender.

83-1,112.  Committed offender; eligible for parole; parole plan of offender.(1) Each committed offender eligible for parole shall, in advance of his or her parole hearing, have a parole plan in accordance with the rules of the Board of Parole. Whenever the board determines that it will facilitate the parole hearing, it may furnish the offender with any information and records to be considered by it at the hearing.(2) An offender shall be permitted to advise with any person whose assistance he or she desires, including his or her own legal counsel, in preparing for a hearing before the Board of Parole.Source   Laws 1969, c. 817, § 43, p. 3095;  Laws 2018, LB841, § 41.