reglab/housing_qa huggingface dataset:
NE Code § 29-2823 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2823 - Habeas corpus proceedings; review; procedure; bail pending appeal.

29-2823.  Habeas corpus proceedings; review; procedure; bail pending appeal.The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases. If the state shall appeal from a final order of a district court made upon the return of a writ of habeas corpus discharging a defendant in a criminal case, the defendant shall not be discharged from custody pending final decision upon appeal; Provided, said defendant may be admitted to bail pending disposition of said appeal as is otherwise provided by law.Source   G.S.1873, c. 58, § 375, p. 809;   R.S.1913, § 9269;   Laws 1921, c. 168, § 1, p. 660;   C.S.1922, § 10298;   C.S.1929, § 29-2823;   R.S.1943, § 29-2823;   Laws 1947, c. 106, § 1, p. 296.  Cross References  For appeals in civil cases, see sections 25-2728 to 25-2738.Annotations  It is implicit in this section that a prisoner released by a trial court's writ of habeas corpus may be directed to return to custody if the writ is reversed on appeal. Tyler v. Houston, 273 Neb. 100, 728 N.W.2d 549 (2007). The doctrine of credit for time erroneously at liberty, which holds that a prisoner is entitled to credit against his or her sentence for time spent erroneously at liberty due to the State's negligence, is not applicable to a release on bail pursuant to this section. Tyler v. Houston, 273 Neb. 100, 728 N.W.2d 549 (2007). This section is intended to balance the interests of the State and the prisoner in a habeas action by allowing the prisoner to ask for immediate release, yet permitting the State to effectively seek appellate review of a trial court's decision to grant the writ. Tyler v. Houston, 273 Neb. 100, 728 N.W.2d 549 (2007). Procedure on appeal in habeas corpus proceedings is the same as in civil cases. Neudeck v. Buettow, 166 Neb. 649, 90 N.W.2d 254 (1958). Proceedings may be reviewed as provided by law in civil actions. State ex rel. Miller v. Cavett, 163 Neb. 584, 80 N.W.2d 692 (1957). The doctrine of res judicata may be applied in habeas corpus proceedings. Williams v. Olson, 145 Neb. 282, 16 N.W.2d 178 (1944). Final orders in habeas corpus proceedings may be reviewed on appeal. The test of finality of order for purpose of appeal is whether particular proceeding or action is terminated by judgment. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944). Proceedings for writ are civil in nature and under present statute can be brought to Supreme Court only by appeal. Writ is not allowed to correct errors of inferior tribunals. In re Application of Selicow, 100 Neb. 615, 160 N.W. 991 (1916). State has right to bring error to reverse order discharging prisoner after conviction. Atwood v. Atwater, 34 Neb. 402, 51 N.W. 1073 (1892). An appeal in a habeas corpus case is the same as that provided in a civil case. Graminea v. State, 206 F.Supp. 308 (D. Neb. 1962).
NE Code § 29-2824 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2824 - Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.

29-2824.  Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.The county judge shall be allowed the sum of five dollars for every allowance of the writ of habeas corpus and the hearing and determining of the case upon the return of the writ, which sum, together with the fees of the clerk, sheriff, and witnesses in the case, shall be taxed by the judge on his or her return of proceedings on the writ, and the same shall be taxed and collected as part of the original costs in the case whenever the person brought before the judge on the writ was in custody by virtue of the proceedings in any case in which such person is charged or attempted to be charged with the commission of any criminal offense, and when such person shall either be held to bail, or shall be remanded to custody by the judge, but when such person shall be wholly discharged by the judge the costs shall be taxed to the state, and paid out of the county treasury of the proper county, upon the order of the county board; Provided, no person or officer shall have the right to demand the payment in advance of any fees which such person or officer may be entitled to by virtue of such proceedings on habeas corpus, when the writ shall have been issued or demanded for the discharge from custody of any person confined under color of proceedings in any criminal case.Source   G.S.1873, c. 58, § 376, p. 809;   R.S.1913, § 9270;   C.S.1922, § 10299;   C.S.1929, § 29-2824;   R.S.1943, § 29-2824;   Laws 1982, LB 928, § 25.  Annotations  No prepayment of fees is necessary in order to file a petition for a writ of habeas corpus based upon an issue of custody in a criminal case. Buggs v. Frakes, 298 Neb. 432, 904 N.W.2d 664 (2017). Under former law Post Conviction Act did not provide for allowance of attorney's fees. State v. Konvalin, 181 Neb. 554, 149 N.W.2d 755 (1967).
NE Code § 29-2922 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2922 - Act, how cited.

29-2922.  Act, how cited.Sections 29-2922 to 29-2936 shall be known and may be cited as the Convicted Sex Offender Act.Source  Laws 1992, LB 523, § 1.Annotations  The Convicted Sex Offender Act does not apply to persons previously convicted of a sexual offense but determined not to be mentally disordered under the prior mentally disordered sex offender act. State v. Wragge, 246 Neb. 864, 524 N.W.2d 54 (1994). The Convicted Sex Offender Act does not apply to persons classified as untreatable or presently untreatable. State v. Sell, 244 Neb. 618, 508 N.W.2d 273 (1993).
NE Code § 29-2923 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2923 - Terms, defined.

29-2923.  Terms, defined.For purposes of the Convicted Sex Offender Act:(1) Aftercare treatment program shall mean any public or private facility or service which offers treatment on an outpatient basis or in a minimally restricted setting, which treatment is appropriate for a convicted sex offender after he or she has successfully completed an inpatient treatment program operated by the Department of Health and Human Services; and(2) Convicted sex offender shall mean a person who is convicted of sexual assault in the first degree as provided in section 28-319, sexual assault in the second degree as provided in section 28-320, sexual assault of a child in the second or third degree as provided in section 28-320.01, sexual assault of a child in the first degree as provided in section 28-319.01, incest as provided in section 28-703, or attempt to commit sexual assault in the first degree pursuant to section 28-201 and sentenced to a term of imprisonment in a Department of Correctional Services adult correctional facility.Source   Laws 1992, LB 523, § 2;   Laws 1996, LB 1044, § 78;  Laws 2006, LB 1199, § 16.
NE Code § 29-2924 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2924 - Sentences authorized.

29-2924.  Sentences authorized.Nothing in the Convicted Sex Offender Act shall be construed to prohibit a court from sentencing a person convicted of a crime identified in subdivision (2) of section 29-2923 to probation or community service or imposing any other sentence or condition allowed by law.Source  Laws 1992, LB 523, § 3.
NE Code § 29-2925 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2925 - Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender.

29-2925.  Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender.Within sixty days of the date of commitment to the Department of Correctional Services of a convicted sex offender to serve his or her sentence, the Department of Health and Human Services shall conduct an evaluation of the offender for purposes of determining whether treatment in a treatment program operated by the Department of Health and Human Services is appropriate for the offender. The evaluation process shall be based upon criteria and procedures established by the Department of Health and Human Services. The Department of Correctional Services shall provide the Department of Health and Human Services access to all correctional and presentence records determined by the Department of Health and Human Services to be relevant to the evaluation process.Source   Laws 1992, LB 523, § 4;   Laws 1996, LB 1044, § 79.
NE Code § 29-2926 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2926 - Determination that treatment is not appropriate; review; procedure; no appeal.

29-2926.  Determination that treatment is not appropriate; review; procedure; no appeal.(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may request the sentencing judge to review the determination in accordance with subsection (2) of this section.(2) Within thirty days of the determination of the Department of Health and Human Services that the treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may apply to the sentencing judge for a review of the denial of treatment. The review shall be conducted under the following rules of procedure:(a) The court may allow each party to call witnesses on its behalf at such party's expense. Witnesses may be subpoenaed at the expense of the party calling the witness;(b) Each party shall be allowed to be represented by counsel at such party's expense;(c) Each party may be allowed to cross-examine adverse witnesses;(d) The Nebraska Evidence Rules shall not apply unless expressly provided for by law, and the court may consider all evidence which in its discretion is relevant to whether the determination of the department is appropriate;(e) The court may affirm the determination of the department, remand the matter for further proceedings, or reverse or modify the determination if such determination is unsupported by competent, material, and substantial evidence in view of the entire record as made on review or if the determination is arbitrary and capricious; and(f) The review pursuant to this section shall not be subject to appeal.Source   Laws 1992, LB 523, § 5;   Laws 1996, LB 1044, § 80.  Cross References  Nebraska Evidence Rules, see section 27-1103.
NE Code § 29-2928 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2928 - Treatment in inpatient treatment program; determination; procedure; departments; duties.

29-2928.  Treatment in inpatient treatment program; determination; procedure; departments; duties.(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is appropriate for a convicted sex offender, that the offender will enter the treatment program voluntarily, and that space is available in the program, the Director of Correctional Services shall transfer the offender to the treatment program designated by the Department of Health and Human Services for treatment. The Department of Correctional Services shall be responsible for physical transfer of the offender to the treatment facility.(2) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is not appropriate for a convicted sex offender, the offender shall serve the sentence in a facility operated by the Department of Correctional Services and may participate in treatment offered by the Department of Correctional Services if the Department of Correctional Services determines that such treatment is appropriate for the offender. The Department of Correctional Services may make a recommendation concerning treatment as provided in subsection (4) of this section.(3) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is not initially appropriate for a convicted sex offender but may be appropriate at a later time, a treatment decision may be deferred until a designated time, no later than two and one-half years prior to the offender's earliest parole eligibility date, when the offender will be reevaluated.(4) If the Department of Correctional Services determines that an offender participating in treatment offered by the Department of Correctional Services will benefit from a treatment program operated by the Department of Health and Human Services, the Department of Correctional Services shall notify the Department of Health and Human Services and recommend admission of the offender to the treatment program. The evaluation process to determine whether such offender is to be admitted into a treatment program operated by the Department of Health and Human Services pursuant to this subsection shall be based upon criteria and procedures established by the Department of Health and Human Services and shall not be subject to appeal or review.Source   Laws 1992, LB 523, § 7;   Laws 1996, LB 1044, § 82;  Laws 2007, LB296, § 46.
NE Code § 29-2929 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2929 - Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment.

29-2929.  Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment.(1) The inpatient treatment program operated by the Department of Health and Human Services shall conduct annual reviews of each convicted sex offender in the program and submit annual progress reports to the Department of Correctional Services.(2) If the offender is uncooperative while in the inpatient treatment program or is found not to be amenable to treatment, the Department of Health and Human Services shall cause the offender to be returned to the Department of Correctional Services in accordance with procedures established by the Department of Health and Human Services. The Department of Correctional Services shall be responsible for physical transfer of the offender from the inpatient treatment facility to the Department of Correctional Services. The Department of Health and Human Services shall, at the time of the transfer, provide the Department of Correctional Services a report summarizing the offender's response to and progress while in treatment and the reasons for the transfer and shall provide access to the treatment records as requested by the Department of Correctional Services.(3) All days of confinement in a treatment program operated by the Department of Health and Human Services shall be credited to the offender's term of imprisonment.Source   Laws 1992, LB 523, § 8;   Laws 1996, LB 645, § 16;   Laws 1996, LB 1044, § 83;  Laws 2007, LB296, § 47.
NE Code § 29-2930 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2930 - Inpatient treatment program; aftercare treatment program; individual discharge plan.

29-2930.  Inpatient treatment program; aftercare treatment program; individual discharge plan.If the Department of Health and Human Services determines that the convicted sex offender has received the maximum benefit of the inpatient treatment program operated by the Department of Health and Human Services and is ready for treatment in an aftercare treatment program, the person in charge of the inpatient treatment program shall develop an individual discharge plan documenting the findings and recommendations of the program and a designated aftercare treatment program. The individual discharge plan shall be provided to the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment program.Source   Laws 1992, LB 523, § 9;   Laws 1996, LB 645, § 17;   Laws 1996, LB 1044, § 84.
NE Code § 29-2935 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2935 - Department of Health and Human Services; access to data and information for evaluation; authorized.

29-2935.  Department of Health and Human Services; access to data and information for evaluation; authorized.For purposes of evaluating the treatment process, the Division of Parole Supervision, the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment programs shall allow appropriate access to data and information as requested by the Department of Health and Human Services.Source   Laws 1992, LB 523, § 14;   Laws 1996, LB 645, § 19;   Laws 1996, LB 1044, § 88;  Laws 2018, LB841, § 4.
NE Code § 29-2936 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2936 - Rules and regulations.

29-2936.  Rules and regulations.The Department of Health and Human Services shall adopt and promulgate rules and regulations as necessary to carry out the Convicted Sex Offender Act.Source   Laws 1992, LB 523, § 15;   Laws 1996, LB 1044, § 89.
NE Code § 29-3002 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3002 - Postconviction relief; order; appeal; recognizance.

29-3002.  Postconviction relief; order; appeal; recognizance.An order sustaining or overruling a motion filed under sections 29-3001 to 29-3004 shall be deemed to be a final judgment, and an appeal may be taken from the district court as provided for in appeals in civil cases. A prisoner may, in the discretion of the appellate court and upon application to the appellate court, be released on such recognizance as the appellate court fixes pending the determination of the appeal.Source   Laws 1965, c. 145, § 2, p. 487;   Laws 1991, LB 732, § 87;   Laws 1993, LB 652, § 2.  Cross References  For appeals in civil cases, see sections 25-2728 to 25-2738.Annotations  An order overruling a motion for postconviction relief as to a claim is a "final judgment" as to such claim. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018). An order ruling on a motion filed in a pending postconviction case, seeking to amend the postconviction motion to assert additional claims, is not a final judgment and is not appealable. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018). An order denying an evidentiary hearing on a postconviction claim is a final judgment as to such claim under this section. State v. Poindexter, 277 Neb. 936, 766 N.W.2d 391 (2009). An order ruling on a motion filed in a pending postconviction case seeking to amend the postconviction motion to assert additional claims is not a final judgment and is not appealable under this section. State v. Hudson, 273 Neb. 42, 727 N.W.2d 219 (2007). Appeal cannot be taken directly to Supreme Court from municipal court in post conviction proceeding. State v. Williams, 188 Neb. 802, 199 N.W.2d 611 (1972). State may appeal under this section although error proceedings under section 29-2315.01 are pending. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971). Appointment of counsel to appeal from denial of post conviction relief is properly refused when record and files show prisoner is entitled to no relief. State v. Gero, 186 Neb. 379, 183 N.W.2d 274 (1971). Failure to appeal decision within one month prevented Supreme Court from obtaining jurisdiction. State v. Pauley, 185 Neb. 478, 176 N.W.2d 687 (1970).
NE Code § 29-3003 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3003 - Postconviction remedy; cumulative; dismissal; when.

29-3003.  Postconviction remedy; cumulative; dismissal; when.The remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state. Any proceeding filed under the provisions of sections 29-3001 to 29-3004 which states facts which if true would constitute grounds for relief under another remedy shall be dismissed without prejudice.Source  Laws 1965, c. 145, § 3, p. 487. Annotations  When presented with a motion for postconviction relief that exists simultaneously with a motion seeking relief under another remedy, a court must dismiss the postconviction motion without prejudice when the allegations, if true, would constitute grounds for relief under the other remedy sought; the question is not whether the petitioner believes he or she is entitled to the other remedy. State v. Harris, 292 Neb. 186, 871 N.W.2d 762 (2015). The phrase "any other remedy" encompasses a direct appeal when the issue raised in the postconviction proceeding can be raised in the direct appeal. Thus, a motion for postconviction relief cannot be used as a substitute for an appeal or to secure a further review of issues already litigated on direct appeal or which were known to the defendant and counsel at the time of the trial and which were capable of being raised, but were not raised, in the defendant's direct appeal. State v. Molina, 271 Neb. 488, 713 N.W.2d 412 (2006). Post conviction remedy is cumulative. State v. Williams, 181 Neb. 692, 150 N.W.2d 260 (1967). Remedy under Post Conviction Act is cumulative and is not intended to be concurrent and with any other remedy. State v. Dabney, 181 Neb. 263, 147 N.W.2d 768 (1967); State v. Carr, 181 Neb. 251, 147 N.W.2d 619 (1967).
NE Code § 29-3101 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3101 - Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney.

29-3101.  Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney.(a) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a judicial officer of this state having authority under the laws of this state to issue warrants for the arrest of persons charged with crime the following documents:(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him;(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.(b) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the judicial officer shall issue a warrant to a law enforcement officer of this state for the person's arrest.(c) The judicial officer shall notify the county attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by subsection (a) and the identity and authority of the affiant.Source  Laws 1969, c. 228, §1, p. 851.