reglab/housing_qa huggingface dataset:
NE Code § 71-933 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-933 - Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.

71-933.  Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not following the conditions set by the mental health board, (c) the treatment plan is not effective, or (d) there has been a significant change in the subject's mental illness or substance dependence. Such report may be transmitted by facsimile, but the original of the report shall be mailed to the board and the county attorney no later than twenty-four hours after the facsimile transmittal.(2)(a) Upon receipt of such report, the county attorney shall have the matter investigated to determine whether there is a factual basis for the report.(b) If the county attorney determines that there is no factual basis for the report or that no further action is warranted, he or she shall notify the board and the treatment provider and take no further action.(c) If the county attorney determines that there is a factual basis for the report and that intervention by the mental health board is necessary to protect the subject or others, the county attorney may file a motion for reconsideration of the conditions set forth by the board and have the matter set for hearing.(d) The county attorney may apply for a warrant to take immediate custody of the subject pending a rehearing by the board under subdivision (c) of this subsection if the county attorney has reasonable cause to believe that the subject poses a threat of danger to himself or herself or others prior to such rehearing. The application for a warrant shall be supported by affidavit or sworn testimony by the county attorney, a mental health professional, or any other informed person. The application for a warrant and the supporting affidavit may be filed with the board by facsimile, but the original shall be filed with the board not later than three days after the facsimile transmittal, excluding holidays and weekends. Sworn testimony in support of the warrant application may be taken over the telephone at the discretion of the board.Source   Laws 1994, LB 498, § 9;   R.S.1943, (1999), § 83-1045.01;  Laws 2004, LB 1083, § 53.
NE Code § 71-934 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-934 - Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.

71-934.  Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such subject on file with the board. The mental health board may issue a warrant directing any law enforcement officer in the state to take custody of the subject and directing the sheriff or other suitable person to transport the subject to a treatment facility or public or private hospital with available capacity specified by the board where he or she will be held pending such hearing. No person may be held in custody under this section for more than seven days except upon a continuance granted by the board. At the time of execution of the warrant, the sheriff or other suitable person designated by the board shall personally serve upon the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, a notice of the time and place fixed for the hearing, a copy of the motion for hearing, and a list of the rights provided by the Nebraska Mental Health Commitment Act. The subject shall be accorded all the rights guaranteed to a subject by the act. Following the hearing, the board shall determine whether outpatient treatment will be continued, modified, or ended.Source   Laws 1994, LB 498, § 10;   Laws 1996, LB 1155, § 107;   R.S.1943, (1999), § 83-1045.02;  Laws 2004, LB 1083, § 54.  Annotations Under former law, language in this section providing that no person may be held in custody pending a hearing for a period exceeding 7 days is directory, not mandatory, because of the purposes of this section and the lack of a remedy for violation of this section. In re Interest of E.M., 13 Neb. App. 287, 691 N.W.2d 550 (2005).
NE Code § 71-935 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-935 - Mental health board; review hearing; order discharge or change treatment disposition; when.

71-935.  Mental health board; review hearing; order discharge or change treatment disposition; when.(1) Upon the filing of a periodic report under section 71-932, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board. The mental health board shall schedule the review hearing no later than fourteen calendar days after receipt of such request. The mental health board may schedule a review hearing (a) at any time pursuant to section 71-937 or 71-938, (b) upon the request of the subject, the subject's counsel, the subject's legal guardian or conservator, if any, the county attorney, the official, agency, or other person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject's individualized treatment plan, or the mental health professional directly involved in implementing such plan, or (c) upon the board's own motion.(2) The board shall immediately discharge the subject or enter a new treatment order with respect to the subject whenever it is shown by any person or it appears upon the record of the periodic reports filed under section 71-932 to the satisfaction of the board that (a) cause no longer exists for the care or treatment of the subject or (b) a less restrictive treatment alternative exists for the subject. When discharge or a change in disposition is in issue, due process protections afforded under the Nebraska Mental Health Commitment Act shall attach to the subject.Source   Laws 1976, LB 806, § 56;   Laws 1994, LB 498, § 11;   Laws 1996, LB 1155, § 108;   R.S.1943, (1999), § 83-1046;  Laws 2004, LB 1083, § 55.  Annotations  The Nebraska Mental Health Commitment Act clearly and plainly contemplates that due process be afforded at hearings other than the one held upon the filing of the initial petition. In re Interest of Powers, 242 Neb. 19, 493 N.W.2d 166 (1992). Upon review of a commitment under this section, the State must prove by clear and convincing evidence that the individual remains mentally ill and dangerous. In re Interest of Dickson, 238 Neb. 148, 469 N.W.2d 357 (1991).
NE Code § 71-936 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-936 - Regional center or treatment facility; administrator; discharge of involuntary patient; notice.

71-936.  Regional center or treatment facility; administrator; discharge of involuntary patient; notice.When the administrator of any regional center or treatment facility for the treatment of persons who are mentally ill or substance dependent determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the administrator of such regional center or treatment facility shall immediately notify the mental health board of the judicial district from which such patient was committed.Source   Laws 1967, c. 251, § 16, p. 670;   Laws 1981, LB 95, § 4;   R.S.1943, (1999), § 83-340.01;  Laws 2004, LB 1083, § 56.
NE Code § 71-937 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-937 - Mental health board; notice of release; hearing.

71-937.  Mental health board; notice of release; hearing.A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county attorney, or may upon its own motion, conduct a hearing to determine whether the individual is mentally ill and dangerous and consequently not a proper subject for release. Such hearing shall be conducted in accordance with the procedures established for hearings under the Nebraska Mental Health Commitment Act. The subject of such hearing shall be accorded all rights guaranteed to the subject of a petition under the act.Source   Laws 1981, LB 95, § 26;  Laws 2003, LB 724, § 10;   R.S.Supp.,2003, § 83-1079;  Laws 2004, LB 1083, § 57.
NE Code § 71-938 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-938 - Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.

71-938.  Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from such treatment, including the taking of medication. The subject of such hearing shall be accorded all rights guaranteed to a subject under the Nebraska Mental Health Commitment Act, and such hearing shall apply the standards used in all other hearings held pursuant to the act. If the mental health board concludes from the evidence at the hearing that there is clear and convincing evidence that the subject is mentally ill and dangerous, the board shall so find and shall within forty-eight hours enter an order of final disposition providing for the treatment of such person in accordance with section 71-925.Source   Laws 1981, LB 95, § 27;   R.S.1943, (1999), § 83-1080;  Laws 2004, LB 1083, § 58.
NE Code § 71-939 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-939 - Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.

71-939.  Escape from treatment facility or program; notification required; contents; warrant; execution; peace officer; powers.When any person receiving treatment at a treatment facility or program for persons with mental illness or substance dependence pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the court or clerk of the mental health board of the judicial district from which such person was committed. The notification shall include the person's name and description and a determination by a psychiatrist, clinical director, administrator, or program director as to whether the person is believed to be currently dangerous to others. The clerk shall issue the warrant of the board directed to the sheriff of the county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer. Pending the issuance of the warrant of the mental health board, any peace officer may seize and detain such person when the peace officer has probable cause to believe that the person is reported to be absent without authorization as described in this section. Such person shall be returned to the treatment facility or program or shall be taken to a facility as described in section 71-919 until he or she can be returned to such treatment facility or program.Source   Laws 1969, c. 215, § 10, p. 835;   Laws 1976, LB 806, § 19;   R.S.1943, (1994), § 83-308.02;   Laws 1996, LB 1155, § 112;   R.S.1943, (1999), § 83-1071;  Laws 2004, LB 1083, § 59.
NE Code § 71-940 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-940 - Person with mental illness or substance dependence; committed under other state's laws; return to other state; procedure; warrant issued.

71-940.  Person with mental illness or substance dependence; committed under other state's laws; return to other state; procedure; warrant issued.The Governor may, upon demand from officials of another state, deliver to the executive authority of another state or his or her designee any person who is absent without authorization from a treatment facility or program for persons with mental illness or substance dependence to which such person has been committed under the laws of the other state either through civil commitment, as a result of being found not responsible for a criminal act by reason of insanity or mental illness, or as a result of being found not competent to stand trial for a criminal charge. The demand shall be accompanied by a certified copy of the commitment and sworn statement by the administrator of the treatment facility or program stating that (1) the person is absent without authorization, (2) the person is currently dangerous to himself, herself, or others, and (3) the demanding state is willing to accept the person back for further treatment. If the Governor is satisfied that the demand conforms to law, the Governor shall issue a warrant under seal of this state authorizing the return of such person to the demanding state at the expense of the demanding state.Source   Laws 1996, LB 1155, § 113;   R.S.1943, (1999), § 83-1072;  Laws 2004, LB 1083, § 60.
NE Code § 71-941 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-941 - Person with mental illness or substance dependence; arrested under warrant; notice; rights; writ of habeas corpus; hearing.

71-941.  Person with mental illness or substance dependence; arrested under warrant; notice; rights; writ of habeas corpus; hearing.(1) A person arrested upon a warrant pursuant to section 71-940 shall not be delivered to a demanding state until he or she is notified of the demand for his or her surrender and has had an opportunity to apply for a writ of habeas corpus. If an application is filed, notice of the time and place for hearing on the writ shall be given to the county attorney of the county where the arrest was made. The person arrested shall have the right to counsel and the right to have counsel appointed for him or her if the person is indigent. Pending the determination of the court upon the application for the writ, the person detained shall be maintained in a suitable facility as described in section 71-919 or a hospital for persons with mental illness.(2) At a hearing on a writ of habeas corpus, the State of Nebraska shall show that there is probable cause to believe that (a) such person is absent without authorization from a treatment facility or program for persons with mental illness or substance dependence to which he or she was committed located in the demanding state, (b) the demanding state has reason to believe that such person is currently dangerous to himself, herself, or others, and (c) the demanding state is willing to accept the person back for further treatment.Source   Laws 1996, LB 1155, § 114;   R.S.1943, (1999), § 83-1073;  Laws 2004, LB 1083, § 61.
NE Code § 71-942 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-942 - Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.

71-942.  Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.The Governor may appoint an agent to demand of the executive authority of another state any person who is located in such other state, who was receiving treatment at a treatment facility or program in this state pursuant to the Nebraska Mental Health Commitment Act, the Sex Offender Commitment Act, or section 29-1823, 29-2203, or 29-3701 to 29-3704, and who is absent without authorization from such treatment facility or program. The demand shall be accompanied by a certified copy of the order of commitment and a sworn statement by the administrator of the treatment facility or program stating that (1) the person is absent without authorization, (2) the administrator or program director of such treatment facility or program believes that such person is currently dangerous to himself, herself, or others, and (3) the treatment facility or program is willing to accept the person back for further treatment. This section does not prevent extradition under the Uniform Criminal Extradition Act if such act applies.Source   Laws 1996, LB 1155, § 115;   R.S.1943, (1999), § 83-1074;  Laws 2004, LB 1083, § 62;  Laws 2006, LB 1199, § 39.  Cross References   Sex Offender Commitment Act, see section 71-1201.  Uniform Criminal Extradition Act, see section 29-758.
NE Code § 71-943 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-943 - Subjects' rights during proceedings against them.

71-943.  Subjects' rights during proceedings against them.In addition to the rights granted subjects by any other provisions of the Nebraska Mental Health Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.Source   Laws 1976, LB 806, § 57;  Laws 2000, LB 884, § 10;   R.S.Supp.,2002, § 83-1047;  Laws 2004, LB 1083, § 63.
NE Code § 71-944 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-944 - Subject's rights; written notice of the time and place of hearing; reasons alleged for treatment; procedure.

71-944.  Subject's rights; written notice of the time and place of hearing; reasons alleged for treatment; procedure.A subject shall, in advance of the mental health board hearing conducted under section 71-924 or 71-1208, be entitled to written notice of the time and place of such hearing, the reasons alleged for believing that he or she is mentally ill and dangerous or a dangerous sex offender requiring inpatient or outpatient treatment ordered by the mental health board, and all rights to which such subject is entitled under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. The notice requirements shall be deemed satisfied by personal service upon the subject of the summons or notice of time and place of the hearing and copies of the petition and list of rights required by sections 71-923 and 71-924 or sections 71-1207 and 71-1208. If the subject has counsel and if the physician or mental health professional on the board determines that the nature of the alleged mental disorder or personality disorder, if true, is such that it is not prudent to disclose the label of the mental disorder or personality disorder to the subject, then notice of this label may be disclosed to the subject's counsel rather than to the subject. When the subject does not have counsel, the subject has a right to the information about his or her mental illness or personality disorder, including its label. The clerk shall issue the summons by order of the mental health board.Source   Laws 1976, LB 806, § 58;   Laws 1981, LB 95, § 18;  Laws 2000, LB 884, § 11;   R.S.Supp.,2002, § 83-1048;  Laws 2004, LB 1083, § 64;  Laws 2006, LB 1199, § 40.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-945 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-945 - Subject's rights; representation by counsel; appointment of counsel if indigent.

71-945.  Subject's rights; representation by counsel; appointment of counsel if indigent.A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Counsel for a subject who is in custody shall have full access to and the right to consult privately with the subject at all reasonable times. As soon as possible after a subject is taken into emergency protective custody under section 71-919, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, and before the mental health board hearing conducted under section 71-924 or 71-1208, the board shall determine whether the subject is indigent. If the subject is found to be indigent, the board shall certify that fact to the district or county court by causing to be delivered to the clerk of such court a certificate for appointment of counsel as soon as possible after a subject is taken into emergency protective custody or such petition is filed.Source   Laws 1976, LB 806, § 59;   Laws 1981, LB 95, § 19;  Laws 2000, LB 884, § 12;   R.S.Supp.,2002, § 83-1049;  Laws 2004, LB 1083, § 65;  Laws 2006, LB 1199, § 41.  Cross References  Sex Offender Commitment Act, see section 71-1201.
NE Code § 71-946 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-946 - Appointment of counsel; procedure.

71-946.  Appointment of counsel; procedure.The appointment of counsel under section 71-945 shall be in accordance with the following procedures:(1) Except in counties having a public defender, upon the receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the district judge or the county judge of the county in which the proceedings are pending of the receipt of such certificate. The judge to whom the certificate was issued shall appoint an attorney to represent the person concerning whom an application is filed before the mental health board, whereupon the clerk of the court shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board. The clerk of the district court or the clerk of the county court shall also keep and maintain a record of all appointments which shall be conclusive evidence thereof. All appointments of counsel under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be made at any time or place in the state; and(2) In counties having a public defender, upon receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the public defender of his or her appointment to represent the person and shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board.Source   Laws 1976, LB 806, § 60;  Laws 2000, LB 884, § 13;   R.S.Supp.,2002, § 83-1050;  Laws 2004, LB 1083, § 66;  Laws 2006, LB 1199, § 42.  Cross References  Sex Offender Commitment Act, see section 71-1201.