reglab/housing_qa huggingface dataset:
NE Code § 83-4,104 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,104 - Transferred to section 43-415.

83-4,104.  Transferred to section 43-415.
NE Code § 83-4,109 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,109 - Adult institutions; disciplinary procedures; laws governing.

83-4,109.  Adult institutions; disciplinary procedures; laws governing.Disciplinary procedures in adult institutions administered by the Department of Correctional Services shall be governed by the provisions of sections 83-4,109 to 83-4,123.Source   Laws 1976, LB 275, § 1;   Laws 1993, LB 31, § 51.  Annotations Sections 83-4,109 to 83-4,123 constitute a special act relating to disciplinary procedures in adult correctional institutions and control over the more general provisions which are found in the Administrative Procedure Act. Reed v. Parratt, 207 Neb. 796, 301 N.W.2d 343 (1981).
NE Code § 83-4,110 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,110 - Terms, defined.

83-4,110.  Terms, defined.For purposes of sections 83-4,109 to 83-4,123, unless the context otherwise requires:(1) Director shall mean the Director of Correctional Services; and(2) Department shall mean the Department of Correctional Services.Source   Laws 1976, LB 275, § 2;   Laws 1993, LB 31, § 52.
NE Code § 83-4,111 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,111 - Rules and regulations; purpose; contents; rights and privileges of inmates.

83-4,111.  Rules and regulations; purpose; contents; rights and privileges of inmates.(1) The department shall adopt and promulgate rules and regulations to establish criteria for justifiably and reasonably determining which rights and privileges an inmate forfeits upon commitment and which rights and privileges an inmate retains.(2) Such rules and regulations shall include, but not be limited to, criteria concerning (a) disciplinary procedures and a code of offenses for which discipline may be imposed, (b) disciplinary segregation, (c) grievance procedures, (d) good-time credit, (e) mail and visiting privileges, and (f) rehabilitation opportunities.(3) The rules and regulations adopted pursuant to sections 83-4,109 to 83-4,123 shall in no manner deprive an inmate of any rights and privileges to which he or she is entitled under other provisions of law or under policies adopted in a correctional facility.Source   Laws 1976, LB 275, § 3;   Laws 1993, LB 31, § 53.  Annotations  The language of this section does not establish a right in inmates to a determination of which rights they retain upon commitment. Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012). The Nebraska Department of Correctional Services' duty to promulgate rules and regulations regarding inmate rights under this section has been fulfilled by the promulgation of 68 Neb. Admin. Code, chs. 1 through 9 (2008). Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012).
NE Code § 83-4,112 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,112 - Rules and regulations; filed; distributed; inmates to be informed of rules and policies.

83-4,112.  Rules and regulations; filed; distributed; inmates to be informed of rules and policies.(1) Copies of all rules and regulations shall be filed pursuant to the Administrative Procedure Act and shall be distributed to all adult correctional facilities in this state.(2) Inmates shall be informed of rules and policies concerning behavior and discipline, inmate rights and developmental opportunities, work or education programs, and complaint procedures at the facility. Such rules and policies, or significant portions thereof, shall be posted at conspicuous places throughout the facility.Source   Laws 1976, LB 275, § 4;   Laws 1993, LB 31, § 54.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 83-4,113 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,113 - Adult disciplinary action; rules posted.

83-4,113.  Adult disciplinary action; rules posted.All adult disciplinary action within the system of the department shall be pursuant to sections 83-4,109 to 83-4,123. Inmates shall be informed of rules of behavior and discipline. Such rules shall be posted or otherwise made available to the inmates.Source   Laws 1976, LB 275, § 5;   Laws 1993, LB 31, § 55.
NE Code § 83-4,114.02 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,114.02 - Inmate; disciplinary measures; confirmation testing.

83-4,114.02.  Inmate; disciplinary measures; confirmation testing.Before disciplinary measures are taken against an inmate for drug or alcohol violations, an inmate may request and the department shall provide independent confirmation testing of positive results of urinalysis testing. If the confirmation test remains positive, the inmate may be required to pay the cost of the confirmation test.Source Laws 1999, LB 865, § 6.
NE Code § 83-4,115 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,115 - Review of disciplinary action; administrative review boards; membership.

83-4,115.  Review of disciplinary action; administrative review boards; membership.Any review of disciplinary action imposed upon any person shall be pursuant to sections 83-4,109 to 83-4,123. The director shall establish procedures to review the disciplinary actions of inmates. The director may establish one or more administrative review boards within the department to review disciplinary actions. No member of any review board shall also be a member of a disciplinary hearing board, but the same considerations for appointing members to the disciplinary hearing board may apply to appointing members to a review board.Source   Laws 1976, LB 275, § 7;   Laws 1993, LB 31, § 57.
NE Code § 83-4,116 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,116 - Transferred to section 83-4,136.

83-4,116.  Transferred to section 83-4,136.
NE Code § 83-4,117 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,117 - Transferred to section 83-4,137.

83-4,117.  Transferred to section 83-4,137.
NE Code § 83-4,118 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,118 - Transferred to section 83-4,138.

83-4,118.  Transferred to section 83-4,138.
NE Code § 83-4,119 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,119 - Transferred to section 83-4,139.

83-4,119.  Transferred to section 83-4,139.
NE Code § 83-4,120 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,120 - Infraction of rules or policies; report; filed with warden.

83-4,120.  Infraction of rules or policies; report; filed with warden.A written report of any infraction shall be filed with the warden within seventy-two hours of the occurrence of such infraction or the discovery of it. Such report shall be placed in the files of the institution or facility.Source  Laws 1976, LB 275, § 12. Annotations Where a disciplinary misconduct report was not prepared and submitted within 72 hours of the discovery of a penal inmate's infraction and the inmate was not prejudiced by the delay, there is no violation of due process. Billups v. Nebraska Dept. of Corr. Servs. Appeals Bd., 238 Neb. 39, 469 N.W.2d 120 (1991).
NE Code § 83-4,121 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,121 - Disciplinary proceeding; when commenced; exception.

83-4,121.  Disciplinary proceeding; when commenced; exception.No disciplinary proceeding shall be commenced more than eight calendar days after the infraction or the discovery of such infraction unless the committed person is unable or unavailable for any reason to participate in a disciplinary proceeding.Source  Laws 1976, LB 275, § 13. Annotations  An inmate not prejudiced by a violation of this section's 8-day requirement has not suffered a violation of his or her due process rights. Billups v. Nebraska Dept. of Corr. Servs. Appeals Bd., 238 Neb. 39, 469 N.W.2d 120 (1991). This section requires only that disciplinary action be commenced within eight days, not that the hearing be completed within that period. A disciplinary proceeding, under this section, commences when written notice of the alleged infraction is served upon the inmate. Johnson v. Vitek, 205 Neb. 745, 290 N.W.2d 190 (1980).
NE Code § 83-4,123 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,123 - Access to courts and legal assistance unrestricted.

83-4,123.  Access to courts and legal assistance unrestricted.Nothing in sections 83-4,109 to 83-4,123 shall be construed as to restrict or impair an inmate's free access to the courts and necessary legal assistance in any cause of action arising under such sections or to judicial review for disciplinary cases which involve the imposition of disciplinary isolation or the loss of good-time credit in accordance with the Administrative Procedure Act. Such judicial review may only be invoked after completion of any review of the hearing prescribed by section 83-4,122 by the department.Source   Laws 1976, LB 275, § 15;   Laws 1988, LB 673, § 2;   Laws 1993, LB 31, § 59.  Cross References  Administrative Procedure Act, see section 84-920.Annotations  An inmate's right of access to the courts in Nebraska is no greater than those rights of access to the federal courts under the U.S. Constitution. Jacob v. Nebraska Dept. of Corr. Servs., 294 Neb. 735, 884 N.W.2d 687 (2016). Judicial review of a disciplinary case in an adult institution is permitted only when the disciplinary action imposed on the inmate involves the imposition of disciplinary isolation or the loss of good-time credit. Dittrich v. Nebraska Dept. of Corr. Servs., 248 Neb. 818, 539 N.W.2d 432 (1995). Judicial review of disciplinary cases is limited to those cases which involve the imposition of the penalties enumerated in this section. Abdullah v. Nebraska Dept. of Corr. Servs., 245 Neb. 545, 513 N.W.2d 877 (1994).
NE Code § 83-4,126 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,126 - Jail Standards Board; powers and duties; enumerated.

83-4,126.  Jail Standards Board; powers and duties; enumerated.(1) Except as provided in subsection (2) of this section, the Jail Standards Board shall have the authority and responsibility:(a) To develop minimum standards for the construction, maintenance, and operation of criminal detention facilities;(b) To perform other duties as may be necessary to carry out the policy of the state regarding criminal detention facilities, juvenile detention facilities, and staff secure juvenile facilities as stated in sections 83-4,124 to 83-4,134.02; and(c) Consistent with the purposes and objectives of the Juvenile Services Act, to develop standards for juvenile detention facilities and staff secure juvenile facilities, including, but not limited to, standards for physical facilities, care, programs, and disciplinary procedures, and to develop guidelines pertaining to the operation of such facilities.(2) The Jail Standards Board shall not have authority over or responsibility for correctional facilities that are accredited by a nationally recognized correctional association. A correctional facility that is accredited by a nationally recognized correctional association shall show proof of accreditation annually to the Jail Standards Board. For purposes of this subsection, nationally recognized correctional association includes, but is not limited to, the American Correctional Association or its successor.Source   Laws 1975, LB 417, § 28;   Laws 1978, LB 212, § 3;   R.S.Supp.,1980, § 83-948;   Laws 1990, LB 663, § 17;   Laws 1992, LB 1184, § 19;  Laws 2011, LB390, § 27;  Laws 2013, LB561, § 66;  Laws 2016, LB894, § 21;  Laws 2020, LB230, § 2.  Cross References  Juvenile Services Act, see section 43-2401.
NE Code § 83-4,127 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,127 - Jail Standards Board; develop and implement standards for criminal detention facilities.

83-4,127.  Jail Standards Board; develop and implement standards for criminal detention facilities.On or before July 1, 1979, the Jail Standards Board shall study, develop, and implement minimum standards for the construction, maintenance, and operation of criminal detention facilities pursuant to sections 83-4,128 to 83-4,130.Source   Laws 1978, LB 212, § 4;   R.S.Supp.,1980, § 83-948.01.
NE Code § 83-4,128 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,128 - Criminal detention facilities; minimum construction standards.

83-4,128.  Criminal detention facilities; minimum construction standards.The minimum standards for the construction of criminal detention facilities shall include but not be limited to standards for the planning, design, or actual construction of new, modified, or renovated facilities, in excess of five thousand dollars.Source   Laws 1978, LB 212, § 5;   R.S.Supp.,1980, § 83-948.02.
NE Code § 83-4,129 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,129 - Criminal detention facilities; maintenance standards; enumerated.

83-4,129.  Criminal detention facilities; maintenance standards; enumerated.The standards for the maintenance of criminal detention facilities shall include but not be limited to standards for:(1) The staffing, training, and demeanor of personnel;(2) The procedures for the admission and release of prisoners;(3) The assignment procedures for assigning prisoners to housing, programs, and related activities;(4) The establishment of a standardized records and statistical system for criminal detention facilities;(5) The establishment of systems and procedures for the handling of prisoner mail, visits, and telephone services;(6) The procedures for prisoner access to the media, general library, exercise, and recreation;(7) The procedures for prisoner access to legal material, legal counsel, and religion;(8) The supervision and uses of the facility arsenal, firearms, and key room;(9) Food services;(10) Health services; and(11) Prisoner conduct.Source   Laws 1978, LB 212, § 6;   R.S.Supp.,1980, § 83-948.03.
NE Code § 83-4,130 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,130 - Criminal detention facilities; operation standards; enumerated.

83-4,130.  Criminal detention facilities; operation standards; enumerated.The standards for the operation of criminal detention facilities shall include but not be limited to standards for:(1) The classification and reclassification of prisoners;(2) The rehabilitative services required for prisoners;(3) The disciplinary procedures for prisoners;(4) The grievance procedure for prisoners; and(5) The search and admission of visitors.Source   Laws 1978, LB 212, § 7;   R.S.Supp.,1980, § 83-948.04.
NE Code § 83-4,131 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,131 - Detention and staff secure juvenile facility; inspection; report.

83-4,131.  Detention and staff secure juvenile facility; inspection; report.Personnel of the Nebraska Commission on Law Enforcement and Criminal Justice shall visit and inspect each criminal detention facility, juvenile detention facility, and staff secure juvenile facility in the state, except correctional facilities accredited by a nationally recognized correctional association pursuant to subsection (2) of section 83-4,126, for the purpose of determining the conditions of confinement, the treatment of persons confined in the facilities, and whether such facilities comply with the minimum standards established by the Jail Standards Board. A written report of each inspection shall be made within thirty days following such inspection to the appropriate governing body responsible for the criminal detention facility, juvenile detention facility, or staff secure juvenile facility involved. The report shall specify those areas in which the facility does not comply with the required minimum standards.Source   Laws 1975, LB 417, § 30;   Laws 1978, LB 212, § 8;   R.S.Supp.,1980, § 83-950;   Laws 1981, LB 328, § 10;   Laws 1992, LB 1184, § 20;   Laws 1996, LB 233, § 18;  Laws 2011, LB390, § 28;  Laws 2013, LB561, § 67.
NE Code § 83-4,132 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,132 - Detention and staff secure juvenile facility; inspection; failure to meet minimum standards; corrective action.

83-4,132.  Detention and staff secure juvenile facility; inspection; failure to meet minimum standards; corrective action.If an inspection under sections 83-4,124 to 83-4,134.02 discloses that the criminal detention facility, juvenile detention facility, or staff secure juvenile facility does not meet the minimum standards established by the Jail Standards Board, the board shall send notice, together with the inspection report, to the governing body responsible for the facility. The appropriate governing body shall promptly meet to consider the inspection report, and the inspection personnel shall appear before the governing body to advise and consult concerning appropriate corrective action. The governing body shall then initiate appropriate corrective action within six months after the receipt of such inspection report or may voluntarily close the facility or the objectionable portion thereof.Source   Laws 1975, LB 417, § 31;   Laws 1978, LB 212, § 9;   R.S.Supp.,1980, § 83-951;   Laws 1992, LB 1184, § 21;   Laws 1996, LB 233, § 19;  Laws 2013, LB561, § 68;  Laws 2016, LB894, § 22;  Laws 2020, LB230, § 3.
NE Code § 83-4,133 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,133 - Detention and staff secure juvenile facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal.

83-4,133.  Detention and staff secure juvenile facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal.If the governing body of the juvenile detention facility, criminal detention facility, or staff secure juvenile facility fails to initiate corrective action within six months after the receipt of such inspection report, fails to correct the disclosed conditions, or fails to close the criminal detention facility, juvenile detention facility, or staff secure juvenile facility or the objectionable portion thereof, the Jail Standards Board may petition the district court within the judicial district in which such facility is located to close the facility. Such petition shall include the inspection report regarding such facility. The local governing body shall then have thirty days to respond to such petition and shall serve a copy of the response on the Jail Standards Board by certified mail, return receipt requested. Thereafter, a hearing shall be held on the petition before the district court, and an order shall be rendered by such court which either:(1) Dismisses the petition of the Jail Standards Board;(2) Directs that corrective action be initiated in some form by the local governing body of the facility in question; or(3) Directs that the facility be closed. An appeal from the decision of the district court may be taken to the Court of Appeals.Source   Laws 1975, LB 417, § 32;   Laws 1978, LB 212, § 10;   R.S.Supp.,1980, § 83-952;   Laws 1991, LB 732, § 154;   Laws 1992, LB 1184, § 22;   Laws 1998, LB 695, § 6;  Laws 2009, LB218, § 11;  Laws 2013, LB561, § 69.
NE Code § 83-4,134 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,134 - Detention and staff secure juvenile facility; standards applicable; when; violation of standards; effect.

83-4,134.  Detention and staff secure juvenile facility; standards applicable; when; violation of standards; effect.Sections 83-4,124 to 83-4,134.01 shall be implemented upon completion of the development of minimum standards by the Jail Standards Board. Thereafter, inspections shall begin, but no criminal detention facility, juvenile detention facility, or staff secure juvenile facility shall be closed within one year of the date of first filing of the minimum standards in the office of the Secretary of State. After one year from the date of first filing of the minimum standards, a facility may be closed for any violation of the minimum standards. Those standards relating to the construction of the facility itself and its plumbing, heating, and wiring systems shall not be enforced so as to require the closing of any facility for a period of two years from the date of the first filing of the minimum standards unless such violations are of immediate danger to the safety of the persons confined in the facility or facility personnel, in which case such period shall be one year.Source   Laws 1975, LB 417, § 33;   Laws 1978, LB 212, § 11;   R.S.Supp.,1980, § 83-953;   Laws 1992, LB 1184, § 23;  Laws 2013, LB561, § 70;  Laws 2016, LB894, § 23.
NE Code § 83-4,135 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,135 - Inmate; right to file grievance; procedure.

83-4,135.  Inmate; right to file grievance; procedure.An inmate shall have the right to file a grievance on any subject except disciplinary actions and matters over which the Department of Correctional Services has no control. Grievance procedures shall provide for the review of grievances by a person or persons other than the person or persons directly responsible for the conditions or actions against which the grievance is filed.Source  Laws 1993, LB 31, § 60.
NE Code § 83-4,136 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,136 - Grievance review procedures; records.

83-4,136.  Grievance review procedures; records.Grievance review procedures shall provide that a record of grievances and any decision made with respect to such grievances shall be preserved for a period of one year.Source   Laws 1976, LB 275, § 8;   R.S.1943, (1987), § 83-4,116;   Laws 1993, LB 31, § 61.
NE Code § 83-4,137 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,137 - Grievance review procedures; grievance to go to director, Public Counsel, or other appropriate person.

83-4,137.  Grievance review procedures; grievance to go to director, Public Counsel, or other appropriate person.Grievance review procedures shall allow inmates to communicate grievances directly to the Director of Correctional Services, the office of the Public Counsel, or any other appropriate person outside the Department of Correctional Services.Source   Laws 1976, LB 275, § 9;   R.S.1943, (1987), § 83-4,117;   Laws 1993, LB 31, § 62.
NE Code § 83-4,138 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,138 - Grievance procedures; inmates to be informed of procedures.

83-4,138.  Grievance procedures; inmates to be informed of procedures.All inmates shall be informed of the grievance procedures established by the department and copies of such procedures shall be available to all inmates.Source   Laws 1976, LB 275, § 10;   R.S.1943, (1987), § 83-4,118;   Laws 1993, LB 31, § 63.
NE Code § 83-4,139 (2021)
2021 Nebraska Revised Statutes|Chapter 83 - State Institutions|83-4,139 - Use of grievance procedure unrestricted.

83-4,139.  Use of grievance procedure unrestricted.Discipline shall not be imposed because of use of the grievance procedure.Source   Laws 1976, LB 275, § 11;   R.S.1943, (1987), § 83-4,119;   Laws 1993, LB 31, § 64.