reglab/housing_qa huggingface dataset:
NE Code § 71-1124 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1124 - Burden of proof; court findings; dispositional hearing; when required.

71-1124.  Burden of proof; court findings; dispositional hearing; when required.The petitioner has the burden to prove by clear and convincing evidence that the subject is a person in need of court-ordered custody and treatment. The court shall make specific findings of fact and state its conclusions of law.If after the hearing is complete the court finds that the subject is not a person in need of court-ordered custody and treatment, it shall dismiss the petition and immediately release the subject from any emergency custody order.If after the hearing is complete the court finds that the subject is a person in need of court-ordered custody and treatment, the court shall order the department to evaluate the subject and submit a plan for custody and treatment of the subject in the least restrictive alternative within thirty days and provide a copy to all parties in interest. The court shall set the matter for dispositional hearing within fifteen days after receipt of the department's plan, unless continued for good cause shown.Source Laws 2005, LB 206, § 24. Annotations The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
NE Code § 71-1125 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1125 - Departmental plan; contents.

71-1125.  Departmental plan; contents.The plan submitted by the department pursuant to section 71-1124 shall include the evaluation and recommendations of an independent mental health professional. The independent mental health professional may have been previously involved in evaluating the subject and advising the court pursuant to the Developmental Disabilities Court-Ordered Custody Act and may also be an employee of or a contractor with the department. The plan shall include: A history of the subject's past treatment, if any; a comprehensive evaluation of the subject's developmental disabilities; a risk analysis; the treatment and staffing requirements of the subject; appropriate terms and conditions to provide custody and treatment of the subject in the least restrictive alternative; and an appropriate treatment program that is capable of providing and willing to provide treatment in accordance with the plan.Source Laws 2005, LB 206, § 25.
NE Code § 71-1126 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1126 - Dispositional hearing; considerations; court order.

71-1126.  Dispositional hearing; considerations; court order.At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125, the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court unless it is shown by a preponderance of the evidence that the plan is not the least restrictive alternative for the subject. After the hearing is completed, the court shall issue an order of disposition placing custody of the subject with the department and setting forth the treatment plan for the subject. The court shall establish the duration of the court-ordered custody and treatment of the subject, but such duration under the initial order shall not be longer than one year.Source Laws 2005, LB 206, § 26. Cross References  Nebraska Evidence Rules, see section 27-1103.
NE Code § 71-1127 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1127 - Court-ordered custody and treatment; annual review hearings; procedure.

71-1127.  Court-ordered custody and treatment; annual review hearings; procedure.The court shall hold annual review hearings of each order of disposition issued under section 71-1126 prior to the expiration date of such order. Prior to the annual review hearing, the department shall submit an updated plan for custody and treatment of the subject. It shall be the burden of the state to show by clear and convincing evidence that court-ordered custody and treatment continues to be necessary. The court shall determine whether the evidence supports continuing the court-ordered custody and treatment of the subject. At the review hearing, the court shall consider the evidence received at the original and any subsequent hearings, the plan and updates submitted by the department, progress reports and recommendations from the treatment program, and any other relevant evidence. Following the review hearing, the court may continue or modify the court-ordered custody and treatment or may vacate such custody and treatment and dismiss the matter.Source Laws 2005, LB 206, § 27.
NE Code § 71-1128 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1128 - Review hearing; when authorized; notice.

71-1128.  Review hearing; when authorized; notice.(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of the evidence that the subject no longer poses a threat of harm to others. If it is shown that the subject no longer poses a threat of harm to others, the court shall enter an order dismissing the case and immediately release the subject.(2) If at any time it appears that (a) the plan submitted under section 71-1124 or 71-1127 is not sufficient to protect society or the subject or (b) the circumstances upon which the plan was based have changed significantly, any party may file a motion, to be granted for good cause shown, for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by clear and convincing evidence that the court-ordered custody and treatment of the subject should be modified or vacated.(3) Upon the filing of a motion for a review hearing pursuant to this section, the department shall immediately provide notice to the Attorney General and the county attorney who filed a petition under section 71-1117 if the proceeding by which the subject is placed in court-ordered custody included evidence of a sex offense as defined in section 83-174.01 or if any prior proceedings resulting in a civil commitment or court-ordered custody included evidence of a sex offense as defined in section 83-174.01.Source  Laws 2005, LB 206, § 28;  Laws 2006, LB 1199, § 54.
NE Code § 71-1129 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1129 - Jurisdiction of court.

71-1129.  Jurisdiction of court.A court which finds a subject to be in need of court-ordered custody and treatment shall have concurrent jurisdiction to hear and decide issues regarding appointment or replacement of a guardian for as long as the subject is in court-ordered custody and treatment.Source Laws 2005, LB 206, § 29.
NE Code § 71-1130 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1130 - Findings under act; effect.

71-1130.  Findings under act; effect.No findings under the Developmental Disabilities Court-Ordered Custody Act, including a finding that a person is in need of court-ordered custody and treatment, shall lead to a presumption that such person is incompetent to stand trial.Source Laws 2005, LB 206, § 30.
NE Code § 71-1131 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1131 - Costs; payment; public defender; appointment.

71-1131.  Costs; payment; public defender; appointment.If the subject cannot afford to pay, the county shall pay court costs, costs of emergency custody, and related expenses for a petition filed pursuant to the Developmental Disabilities Court-Ordered Custody Act, including the costs of legal counsel appointed to represent the subject and any expert hired to evaluate and testify on behalf of the subject. In counties having a public defender, the court may appoint the public defender as legal counsel for the subject. The county shall be responsible for the cost of transporting the subject to and from court hearings under the act and to any emergency custody or other custody ordered under the act. The department shall pay the costs of the department's evaluations of the subject, the costs of the plans completed by the department and the independent mental health professional, and the costs of the court-ordered custody and treatment of the subject following an order of disposition, except as provided by sections 83-363 to 83-380.Source Laws 2005, LB 206, § 31.
NE Code § 71-1132 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1132 - Treatment needs of subject; rights of subject or subject's guardian.

71-1132.  Treatment needs of subject; rights of subject or subject's guardian.Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treatment needs of the subject.Source Laws 2005, LB 206, § 32.
NE Code § 71-1133 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1133 - Juvenile; when subject to act.

71-1133.  Juvenile; when subject to act.In the case of a juvenile in need of court-ordered custody and treatment, a petitioner may file a petition and begin proceedings under the Developmental Disabilities Court-Ordered Custody Act within ninety days before the juvenile's eighteenth birthday. No order under the act shall be effective until the subject reaches his or her eighteenth birthday.Source Laws 2005, LB 206, § 33.
NE Code § 71-1134 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1134 - Reports.

71-1134.  Reports.(1) The department in collaboration with the Advisory Committee on Developmental Disabilities established under section 83-1212.01 shall submit quarterly reports to the court, all parties of record, and the guardian of any subject in court-ordered custody.(2) The department shall submit electronically an annual report to the Legislature regarding the implementation of the Developmental Disabilities Court-Ordered Custody Act. Such reports shall not contain any name, address, or other identifying factors or other confidential information regarding any subject.Source  Laws 2005, LB 206, § 34;  Laws 2012, LB782, § 110.
NE Code § 71-1201 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1201 - Act, how cited.

71-1201.  Act, how cited.Sections 71-1201 to 71-1226 shall be known and may be cited as the Sex Offender Commitment Act.Source Laws 2006, LB 1199, § 57.
NE Code § 71-1202 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1202 - Purpose of act.

71-1202.  Purpose of act.The purpose of the Sex Offender Commitment Act is to provide for the court-ordered treatment of sex offenders who have completed their sentences but continue to pose a threat of harm to others. It is the public policy of the State of Nebraska that dangerous sex offenders be encouraged to obtain voluntary treatment. If voluntary treatment is not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Sex Offender Commitment Act. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.Source Laws 2006, LB 1199, § 58.Annotations  This section does not violate the constitutional provisions relating to equal protection, special legislation, separation of powers, bills of attainder, ex post facto, or double jeopardy. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011). The Sex Offender Commitment Act applies specifically to convicted sex offenders who have completed their jail sentences but continue to pose a threat of harm to others. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010). The Sex Offender Commitment Act is not excessive in relation to its assigned nonpunitive purpose, which is to protect the public and provide treatment to dangerous sex offenders who are likely to reoffend. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
NE Code § 71-1203 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1203 - Terms, defined.

71-1203.  Terms, defined.For purposes of the Sex Offender Commitment Act:(1) The definitions found in sections 71-905, 71-906, 71-907, 71-910, 71-911, and 83-174.01 apply;(2) Administrator means the administrator or other chief administrative officer of a treatment facility or his or her designee;(3) Outpatient treatment means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (a) taking prescribed medication, (b) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (c) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs;(4) Subject means any person concerning whom (a) a certificate has been filed under section 71-1204, (b) a certificate has been filed under section 71-919 and such person is held pursuant to subdivision (2)(b) of section 71-919, or (c) a petition has been filed under the Sex Offender Commitment Act. Subject does not include any person under eighteen years of age unless such person is an emancipated minor; and(5) Treatment facility means a facility which provides services for persons who are dangerous sex offenders.Source Laws 2006, LB 1199, § 59.Annotations The explicit purpose of the Sex Offender Commitment Act is to protect the public from sex offenders who continue to pose a threat of harm to others. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
NE Code § 71-1204 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1204 - Emergency protective custody; dangerous sex offender determination; written certificate; contents.

71-1204.  Emergency protective custody; dangerous sex offender determination; written certificate; contents.(1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.(2) The certificate shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;(f) The name and work address of the certifying mental health professional;(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.Source Laws 2006, LB 1199, § 60.
NE Code § 71-1205 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1205 - Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.

71-1205.  Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.(1) Any person who believes that another person is a dangerous sex offender may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney concurs that such person is 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 a mental health board is available or would suffice to prevent the harm described in subdivision (1) of section 83-174.01, the county attorney shall file a petition as provided in this section.(2) The petition shall be filed with the clerk of the district court in any county within: (a) The judicial district in which the subject is located; (b) the judicial district in which the alleged behavior of the subject occurred which constitutes the basis for the petition; or (c) another judicial district in the State of Nebraska, if authorized, upon good cause shown, by a district judge of the judicial district in which the subject is located. In such event, all proceedings before the mental health board shall be conducted by the mental health board serving such other county and all costs relating to such proceedings shall be paid by the county of residence of the subject. In the order transferring such cause to another county, the judge shall include such directions as are reasonably necessary to protect the rights of the subject.(3) The petition shall be in writing and shall include the following information:(a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) A statement that the county attorney has probable cause to believe that the subject of the petition is a dangerous sex offender;(e) A statement that the beliefs of the county attorney are based on specific behavior, acts, criminal convictions, attempts, or threats which shall be described in detail in the petition; and(f) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder and who may be called as a witness at a mental health board hearing with respect to the subject, if known.Source Laws 2006, LB 1199, § 61.
NE Code § 71-1206 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1206 - Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.

71-1206.  Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-1205 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-919 or the administrator of the treatment facility having charge of the subject of the intention of the county attorney to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.(2) A petition filed by the county attorney under section 71-1205 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is a dangerous sex offender as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in an appropriate and available medical facility, jail, or Department of Correctional Services facility. A dangerous sex offender shall not be admitted to a medical facility for emergency protective custody unless a medical or psychiatric emergency exists requiring treatment not available at a jail or correctional facility. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of . . . . . , Alleged to be a Dangerous Sex Offender. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-1208, and upon such motion by the county attorney, the mental health board shall dismiss the petition.Source Laws 2006, LB 1199, § 62.
NE Code § 71-1207 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1207 - Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.

71-1207.  Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in the immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.Source Laws 2006, LB 1199, § 63.Annotations  The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015). The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009).
NE Code § 71-1208 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1208 - Hearing; mental health board; duties.

71-1208.  Hearing; mental health board; duties.A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is a dangerous sex offender as alleged in the petition. At the commencement of the hearing, the board shall inquire whether the subject has received a copy of the petition and list of rights accorded him or her by sections 71-943 to 71-960 and whether he or she has read and understood them. The board shall explain to the subject any part of the petition or list of rights which he or she has not read or understood. The board shall inquire of the subject whether he or she admits or denies the allegations of the petition. If the subject admits the allegations, the board shall proceed to enter a treatment order pursuant to section 71-1209. If the subject denies the allegations of the petition, the board shall proceed with a hearing on the merits of the petition.Source Laws 2006, LB 1199, § 64.