reglab/housing_qa huggingface dataset:
NE Code § 29-3604 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3604 - Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.

29-3604.  Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.No person charged with a violation of section 60-6,196 or 60-6,197 shall be eligible for pretrial diversion under a program established pursuant to sections 29-3601 to 29-3603 and 29-3605 to 29-3609.Source   Laws 1982, LB 568, § 4;   Laws 1993, LB 370, § 15;  Laws 2002, LB 1303, § 4.
NE Code § 29-3605 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3605 - Minor traffic violations; terms, defined.

29-3605.  Minor traffic violations; terms, defined.For purposes of sections 29-3606 to 29-3609:(1) Department means the Department of Motor Vehicles; and(2) Minor traffic violation does not include leaving the scene of an accident, sections 60-696 to 60-698, driving under the influence of alcoholic liquor or drugs, sections 60-4,164, 60-6,196, and 60-6,211.01, reckless driving or willful reckless driving, sections 60-6,213 and 60-6,214, participating in a speed competition, section 60-6,195, operating a motor vehicle to avoid arrest, section 28-905, refusing a breath or blood test, sections 60-4,164, 60-6,197, 60-6,197.04, and 60-6,211.02, driving on a suspended or revoked operator's license, sections 60-4,107 to 60-4,110 and 60-6,197.06, speeding twenty or more miles per hour over the speed limit, operating a motor vehicle without insurance or other financial responsibility in violation of the Motor Vehicle Safety Responsibility Act, any injury accident, or any violation which is classified as a misdemeanor or a felony.Source  Laws 2002, LB 1303, § 5;  Laws 2004, LB 208, § 3.  Cross References  Motor Vehicle Safety Responsibility Act, see section 60-569.
NE Code § 29-3606 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3606 - Minor traffic violations; pretrial diversion plan; driver's safety training program.

29-3606.  Minor traffic violations; pretrial diversion plan; driver's safety training program.(1) A pretrial diversion plan for minor traffic violations shall consist of a driver's safety training program.(2) A driver's safety training program shall:(a) Provide a curriculum of driver's safety training, as approved by the department, which is designed to educate persons committing minor traffic violations and to deter future violations; and(b) Require payment of a fee approved by the department which is reasonable and appropriate to defray the cost of the presentation of the program. A jurisdiction shall charge a uniform fee for participation in a driver's safety training program regardless of the traffic violation for which the applicant was cited. Fees received by a jurisdiction offering a driver's safety training program may be utilized by such jurisdiction to pay for the costs of administering and operating such program, to promote driver safety, and to pay for the costs of administering and operating other safety and educational programs within such jurisdiction.(3) The program administrator of each driver's safety training program shall keep a record of attendees and shall be responsible for determining eligibility. A report of attendees at all driver's safety training programs in the state shall be shared only with similar programs throughout the state. All procedures for sharing records of attendees among such programs shall conform with the rules and regulations adopted and promulgated by the department to assure that no individual takes the approved course more than once within any three-year period in Nebraska. Such record of attendees and any related records shall not be considered a public record as defined in section 84-712.01.(4) The department shall approve the curriculum and fees of each program and shall adopt and promulgate rules and regulations governing such programs, including guidelines for fees, curriculum, and instructor certification.Source Laws 2002, LB 1303, § 6.
NE Code § 29-3607 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3607 - Minor traffic violations; driver's safety training program; certificate; fee.

29-3607.  Minor traffic violations; driver's safety training program; certificate; fee.Any organization or governmental entity desiring to offer a driver's safety training program shall first obtain a certificate from the department, to be renewed annually. The certificate fee and the annual renewal fee shall each be fifty dollars. The fee collected by the department from the organization or governmental entity shall be remitted to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.Source Laws 2002, LB 1303, § 7.
NE Code § 29-3608 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3608 - Minor traffic violations; pretrial diversion program; eligibility.

29-3608.  Minor traffic violations; pretrial diversion program; eligibility.Any driver holding a commercial driver's license or CLP-commercial learner's permit issued pursuant to the Motor Vehicle Operator's License Act shall not be eligible to participate in a program under sections 29-3605 to 29-3609 if such participation would be in noncompliance with federal law or regulation and subject the state to possible loss of federal funds.Source  Laws 2002, LB 1303, § 8;  Laws 2003, LB 562, § 1;  Laws 2005, LB 76, § 1;  Laws 2011, LB178, § 1;  Laws 2014, LB983, § 1. Cross References  Motor Vehicle Operator's License Act, see section 60-462.
NE Code § 29-3609 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3609 - Minor traffic violations; applicability.

29-3609.  Minor traffic violations; applicability.Sections 29-3605 to 29-3609 shall not apply to programs of pretrial diversion for offenses other than minor traffic violations.Source Laws 2002, LB 1303, § 9.
NE Code § 29-3704 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3704 - Hearing; person's rights.

29-3704.  Hearing; person's rights.At each hearing conducted pursuant to sections 29-3701 to 29-3703, the person shall be entitled to assistance of counsel and such additional rights as are guaranteed by the laws and Constitution of the State of Nebraska and by the United States Constitution.Source  Laws 1981, LB 213, § 6. Annotations  Due process in review hearings is guaranteed under this section. State v. Hayden, 237 Neb. 286, 466 N.W.2d 66 (1991). The rights one enjoys at a section 29-3703 hearing include adherence by the court to the Nebraska Evidence Rules and the right of appellant to confront and cross-examine adverse witnesses. State v. Hayden, 237 Neb. 286, 466 N.W.2d 66 (1991).
NE Code § 29-3705 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3705 - Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.

29-3705.  Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.The court which tried and acquitted any person who, as of May 29, 1981, stands committed by an order of a mental health board pursuant to the Nebraska Mental Health Commitment Act in consequence of the insanity or derangement which was the ground of the acquittal, shall have jurisdiction over such person for disposition consistent with the provisions of sections 29-2203 and 29-3701 to 29-3704. Within sixty days of May 29, 1981, the county attorney in the jurisdiction of the court which tried and acquitted the person shall file with the court which tried and acquitted the person and shall serve on the person a petition asserting the court's jurisdiction over the person for disposition consistent with sections 29-3701 to 29-3704. The court shall then conduct an evidentiary hearing on the status of the person pursuant to section 29-3703.Source   Laws 1981, LB 213, § 7;  Laws 2004, LB 1083, § 88.  Cross References  Nebraska Mental Health Commitment Act, see section 71-901.
NE Code § 29-3706 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3706 - Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.

29-3706.  Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.All pleadings, evidence admitted, orders, judgments, and memoranda of findings and conclusions made in the proceedings held pursuant to sections 29-3701 to 29-3704 shall be made a part of the official record of the underlying criminal case. The court may direct that the medical and psychiatric records not received into evidence at such proceedings be kept confidential and not be available for public inspection.Source  Laws 1981, LB 213, § 8. Annotations This section does not regulate the release of trial records, but merely makes all pleadings, evidence, and orders related to a review hearing part of the official record in the underlying case. State v. Cribbs, 237 Neb. 947, 469 N.W.2d 108 (1991).
NE Code § 29-3801 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3801 - Terms, defined.

29-3801.  Terms, defined.As used in sections 29-3801 to 29-3809, unless the context otherwise requires:(1) Director shall mean the Director of Correctional Services; and(2) Prosecutor shall mean a prosecuting attorney as defined in section 29-104.Source  Laws 1984, LB 591, § 1. Annotations The procedure set out in section 29-3801 et seq., rather than that in section 29-1201 et seq., applies to instate prisoners. State v. Ebert, 235 Neb. 330, 455 N.W.2d 165 (1990).
NE Code § 29-3802 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3802 - Notice of untried charges and rights; director; duties.

29-3802.  Notice of untried charges and rights; director; duties.The director shall promptly inform in writing each prisoner in the custody of the Department of Correctional Services of the source and nature of any untried indictment, information, or complaint against him or her of which the director has knowledge and of his or her right to make a request for final disposition thereof.Source  Laws 1984, LB 591, § 2.Annotations Where the prisoner has actual knowledge of the pending charge, this section is deemed satisfied. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
NE Code § 29-3803 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3803 - Prisoner; request final disposition; director; duties.

29-3803.  Prisoner; request final disposition; director; duties.Any person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in this state. Upon receiving any request from a prisoner for final disposition of any untried indictment, information, or complaint, the director shall:(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner;(2) Send by registered or certified mail, return receipt requested, one copy of the request and the certificate to the court in which the untried indictment, information, or complaint is pending and one copy to the prosecutor charged with the duty of prosecuting it; and(3) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending.Source  Laws 1984, LB 591, § 3.Annotations  It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to this section or section 29-3804 which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000). The statutory right of a person in the custody of the Nebraska Department of Correctional Services to a speedy trial on pending criminal charges in Nebraska is governed by sections 29-3801 to 29-3809. The denial of a speedy trial claim governed by these sections is a final, appealable order. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
NE Code § 29-3804 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3804 - Prosecutor; require prisoner's attendance; procedure.

29-3804.  Prosecutor; require prisoner's attendance; procedure.The prosecutor in a city or county in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner, against whom he or she has lodged a detainer and who is serving a term of imprisonment in any facility operated by the Department of Correctional Services, made available upon presentation of a written request for temporary custody or availability to the director. The court having jurisdiction of such indictment, information, or complaint shall duly approve, record, and transmit the prosecutor's request. Upon receipt of the prosecutor's written request the director shall:(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner; and(2) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending in order that speedy and efficient prosecution may be had.Source  Laws 1984, LB 591, § 4.Annotations  Subsection (2) of this section does not require a prosecutor to file a detainer against any prisoner, and the filing of a detainer is not required in order for a prisoner to assert his or her right to a speedy trial pursuant to section 29-3803. It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to section 29-3803 or this section which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000). A prosecutor must lodge a detainer in order to trigger the expediting provisions of Chapter 29, article 38. Bradley v. Hopkins, 246 Neb. 646, 522 N.W.2d 394 (1994).
NE Code § 29-3806 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3806 - Temporary custody; conditions; limitations.

29-3806.  Temporary custody; conditions; limitations.The temporary custody referred to in sections 29-3803 and 29-3804 shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of a detainer lodged with the director or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and transportation to or from any place where the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. However, the prisoner shall not be classified as a pretrial detainee but shall be deemed to remain in custody of the Department of Correctional Services and any escape from temporary custody may be dealt with in the same manner as an escape from the Department of Correctional Services' facility to which he or she was confined.Source  Laws 1984, LB 591, § 6.
NE Code § 29-3807 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3807 - Escape from custody; effect.

29-3807.  Escape from custody; effect.Escape from custody by a prisoner subsequent to execution of a request for final disposition of any untried indictment, information, or complaint shall void the request.Source  Laws 1984, LB 591, § 7.
NE Code § 29-3808 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3808 - Mentally ill person; sections not applicable.

29-3808.  Mentally ill person; sections not applicable.No provision of sections 29-3801 to 29-3809 and no remedy made available by sections 29-3801 to 29-3809 shall apply to any person who is adjudged to be mentally ill.Source  Laws 1984, LB 591, § 8.
NE Code § 29-3809 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3809 - Transportation costs; how paid.

29-3809.  Transportation costs; how paid.The costs of transporting prisoners to and from the city or county in which any untried indictment, information, or complaint is pending as provided in sections 29-3801 to 29-3809 shall be paid by the city or county.Source  Laws 1984, LB 591, § 9.
NE Code § 29-3901 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3901 - Terms, defined.

29-3901.  Terms, defined.For purposes of sections 29-3901 to 29-3908:(1) Court shall mean a district court or a county court;(2) Felony defendant shall mean a person who is charged by complaint, information, or indictment with or who is under arrest for investigation or on suspicion that he or she may have committed any criminal offense which may be punishable by imprisonment in a Department of Correctional Services adult correctional facility;(3) Indigent shall mean the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family. Before a felony defendant's initial court appearance, the determination of his or her indigency shall be made by the public defender, but thereafter it shall be made by the court; and(4) Judge shall mean a judge of the district court, a judge of the county court, or a clerk magistrate.Source   Laws 1972, LB 1463, § 3;   Laws 1979, LB 241, § 2;   R.S.1943, (1989), § 29-1804.04;   Laws 1990, LB 822, § 19;   Laws 1993, LB 31, § 14.  Annotations  In determining whether a criminal defendant is indigent as the term is used in this section, a court is to consider the seriousness of the offense; the defendant's income; the availability of resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988); State v. Masilko, 226 Neb. 45, 409 N.W.2d 322 (1987). To determine whether a defendant in a criminal case is indigent, requiring court-appointed counsel, a court must consider factors listed. State v. Richter, 225 Neb. 837, 408 N.W.2d 717 (1987). This section defines indigency and along with section 29-1804.05 requires the court to make a reasonable inquiry as to a defendant's financial condition. To determine indigency the court must consider the seriousness of the offense; the defendant's income; the availability of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Lafler, 224 Neb. 613, 399 N.W.2d 808 (1987).
NE Code § 29-3902 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3902 - Indigent defendant; right to counsel.

29-3902.  Indigent defendant; right to counsel.At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent.If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.Source   Laws 1972, LB 1463, § 4;   Laws 1975, LB 285, § 2;   Laws 1984, LB 189, § 3;   R.S.1943, (1989), § 29-1804.05;   Laws 1990, LB 822, § 20. Annotations  The requirement of this section is that before counsel is provided at public expense for a criminal defendant, there must be a reasonable inquiry to determine the defendant's financial condition. State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988). Section 29-1804.04 defines indigency and along with this section requires the court to make a reasonable inquiry as to a defendant's financial condition. To determine indigency the court must consider the seriousness of the offense; the defendant's income; the availability of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Lafler, 224 Neb. 613, 399 N.W.2d 808 (1987). Failure to inquire into a defendant's indigency for appointment of counsel at the defendant's first court appearance does not result in prejudicial error if the defendant is not ultimately sentenced to time in jail. State v. Golden, 8 Neb. App. 601, 599 N.W.2d 224 (1999).
NE Code § 29-3903 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3903 - Indigent defendant; right to counsel; appointment.

29-3903.  Indigent defendant; right to counsel; appointment.At a felony defendant's first appearance before a judge, the judge shall advise him or her of the right to court-appointed counsel if such person is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine such person's financial condition and shall require him or her to execute an affidavit of indigency for filing with the clerk of the court.If the court determines the defendant to be indigent, it shall formally appoint the public defender or, in counties not having a public defender, an attorney or attorneys licensed to practice law in this state, not exceeding two, to represent the indigent felony defendant at all future critical stages of the criminal proceedings against such defendant, consistent with the provisions of section 23-3402, but appointed counsel other than the public defender must obtain leave of court before being authorized to proceed beyond an initial direct appeal to either the Court of Appeals or the Supreme Court of Nebraska to any further direct, collateral, or postconviction appeals to state or federal courts.A felony defendant who is not indigent at the time of his or her first appearance before a judge may nevertheless assert his or her indigency at any subsequent stage of felony proceedings, at which time the judge shall consider appointing counsel as otherwise provided in this section.The judge, upon filing such order for appointment, shall note all appearances of appointed counsel upon the record. If at the time of appointment of counsel the indigent felony defendant and appointed counsel have not had a reasonable opportunity to consult concerning the prosecution, the judge shall continue the arraignment, trial, or other next stage of the felony proceedings for a reasonable period of time to allow for such consultation.Source   Laws 1972, LB 1463, § 6;   Laws 1979, LB 241, § 3;   Laws 1984, LB 189, § 4;   R.S.1943, (1989), § 29-1804.07;   Laws 1990, LB 822, § 21;   Laws 1991, LB 732, § 89;  Laws 2018, LB193, § 62.  Annotations Defendant's right to desire to have counsel appointed was violated. State v. Sondag, 214 Neb. 659, 335 N.W.2d 306 (1983).