reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-930 - Treatment order of mental health board; appeal; final order of district court; appeal.

71-930.
Treatment order of mental health board; appeal; final order of district court; appeal.
The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-925 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accordance with the procedure in criminal cases. The final judgment of the court shall be certified to and become a part of the records of the mental health board with respect to the subject.
Source
Laws 1976, LB 806, § 53;
Laws 1991, LB 732, § 155;
R.S.1943, (1999), § 83-1043;
Laws 2004, LB 1083, § 50.
Annotations
In reviewing a district court's judgment under this act, the Supreme Court will affirm the district court's judgment unless, as a matter of law, the judgment is unsupported by evidence which is clear and convincing. In re Interest of Rasmussen, 236 Neb. 572, 462 N.W.2d 621 (1990).
This section requires the district court to review appeals from the mental health board de novo on the record, and this court to hear appeals from the district court in accordance with criminal procedures. In re Interest of Aandahl, 219 Neb. 414, 363 N.W.2d 392 (1985).
A finding that the accused is incompetent to stand trial may be appealed to the Supreme Court as a final order. State v. Guatney, 207 Neb. 501, 299 N.W.2d 538 (1980).
The Supreme Court will not interfere on appeal with a final order made by the district court in mental health commitment proceedings unless it can say as a matter of law that the order is not supported by clear and convincing evidence. Hill v. County Board of Mental Health, Douglas County, 203 Neb. 610, 279 N.W.2d 838 (1979).
Commitment proceedings are judicial in nature and the District Courts must review the decisions of Mental Health Boards de novo on the record. Lux v. Mental Health Board of Polk County, 202 Neb. 106, 274 N.W.2d 141 (1979).
Because this section does not provide a direct right of appeal from an order issued in connection with section 71-935, a subject's right to appeal is grounded in sections 25-1901 to 25-1908. In re Interest of R.T., 30 Neb. App. 405, 969 N.W.2d 911 (2021).
An order adjudicating an individual as a mentally ill dangerous person pursuant to section 71-908 and ordering that person retained for an indeterminate amount of time is an order affecting a substantial right in a special proceeding from which an appeal may be taken. In re Interest of Saville, 10 Neb. App. 194, 626 N.W.2d 644 (2001).
The subject of a mental health petition (or the county attorney) has the statutory right to appeal the mental health board's decision to the district court, which reviews the case de novo on the record. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-931 - Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.

71-931.
Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.
(1) Any treatment order entered by a mental health board under section 71-925 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan.
(2) The individualized treatment plan shall contain a statement of (a) the nature of the subject's mental illness or substance dependence, (b) the least restrictive treatment alternative consistent with the clinical diagnosis of the subject, and (c) intermediate and long-term treatment goals for the subject and a projected timetable for the attainment of such goals.
(3) A copy of the individualized treatment plan shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, within five working days after the entry of the board's order. Treatment shall be commenced within two working days after preparation of the plan.
(4) The subject shall be entitled to know the contents of the individualized treatment plan and what the subject must do in order to meet the requirements of such plan.
(5) The subject shall be notified by the mental health board when the mental health board has changed the treatment order or has ordered the discharge of the subject from commitment.
Source
Laws 1976, LB 806, § 54;
Laws 1978, LB 501, § 9;
Laws 1981, LB 95, § 17;
Laws 1996, LB 1155, § 105;
R.S.1943, (1999), § 83-1044;
Laws 2004, LB 1083, § 51.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-932 - Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.

71-932.
Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.
The person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan. The mental health board may distribute copies of such reports to other interested parties as permitted by law. With respect to a subject ordered by the mental health board to receive inpatient treatment, such initial report shall be filed with the mental health board for review and inclusion in the subject's file and served upon the county attorney, the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, no later than ten days after submission of the subject's individualized treatment plan. With respect to each subject committed by the mental health board, such reports shall be so filed and served no less frequently than every ninety days for a period of one year following submission of the subject's individualized treatment plan and every six months thereafter.
Source
Laws 1976, LB 806, § 55;
Laws 1978, LB 501, § 10;
Laws 1996, LB 1155, § 106;
R.S.1943, (1999), § 83-1045;
Laws 2004, LB 1083, § 52.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-947 - Appointed counsel; fees; reimbursement of costs incurred; procedure.

71-947.
Appointed counsel; fees; reimbursement of costs incurred; procedure.
Counsel appointed as provided in subdivision (1) of section 71-946 shall apply to the court in which his or her appointment is recorded for fees for services performed. Such counsel may also apply to the court to secure separate professional examination of the person for whom counsel was appointed and shall be reimbursed for costs incurred in securing such separate examination or examinations or in having other professional persons as witnesses before the mental health board. The court, upon hearing the application, shall fix reasonable fees, including reimbursement of costs incurred. The county board of the county in which the application was filed shall allow the account, bill, or claim presented by the attorney for services performed under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof has been determined by the court.
Source
Laws 1976, LB 806, § 61;
Laws 2000, LB 884, § 14;
R.S.Supp.,2002, § 83-1051;
Laws 2004, LB 1083, § 67;
Laws 2006, LB 1199, § 43.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
An attorney validly appointed by a court to assist an indigent subject in a habeas corpus proceeding challenging the subject's custody or treatment under the Sex Offender Commitment Act is entitled to attorney fees. D.I. v. Gibson, 295 Neb. 903, 890 N.W.2d 506 (2017).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-948 - Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.

71-948.
Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.
A subject or the subject's counsel shall have the right to employ mental health professionals of his or her choice to independently evaluate the subject's mental condition and testify for and otherwise assist the subject in proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. If the subject is indigent, only one such person may be employed except with leave of the mental health board. Any person so employed by a subject determined by the board to be indigent, except a subject represented by the public defender, shall apply to the board for expenses reasonably necessary to such person's effective assistance of the subject and for reasonable fees for services performed by such person in assisting the subject. The board shall then fix reasonable fees and expenses, and the county board shall allow payment to such person in the full amount fixed by the board.
Source
Laws 1976, LB 806, § 62;
Laws 1994, LB 1210, § 161;
R.S.1943, (1999), § 83-1052;
Laws 2004, LB 1083, § 68;
Laws 2006, LB 1199, § 44.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-949 - Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.

71-949.
Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.
Counsel for a subject, upon request made to the county attorney at any time after the subject has been taken into emergency protective custody under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, shall have the right to be provided with (1) the names of all witnesses expected to testify in support of the petition, (2) knowledge of the location and access at reasonable times for review or copying of all written documents including reports of peace officers, law enforcement agencies, and mental health professionals, (3) access to all other tangible objects in the possession of the county attorney or to which the county attorney has access, and (4) written records of any treatment facility or mental health professional which or who has at any time treated the subject for mental illness, substance dependence, or a personality disorder, which records are relevant to the issues of whether the subject is mentally ill and dangerous or a dangerous sex offender and, if so, what treatment disposition should be ordered by the mental health board. The board may order further discovery at its discretion. The county attorney shall have a reciprocal right to discover items and information comparable to those first discovered by the subject. The county court and district court shall have the power to rule on objections to discovery in matters which are not self-activating. The right of appeal from denial of discovery shall be at the time of the conclusion of the mental health board hearing.
Source
Laws 1976, LB 806, § 63;
Laws 1981, LB 95, § 20;
R.S.1943, (1999), § 83-1053;
Laws 2004, LB 1083, § 69;
Laws 2006, LB 1199, § 45.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-950 - Continuances; liberally granted.

71-950.
Continuances; liberally granted.
Continuances shall be liberally granted at the request of the subject. Continuances may be granted to permit the subject to obtain voluntary treatment at a private facility.
Source
Laws 1976, LB 806, § 64;
Laws 1985, LB 252, § 6;
R.S.1943, (1999), § 83-1054;
Laws 2004, LB 1083, § 70.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-951 - Mental health board hearings; closed to public; exception; where conducted.

71-951.
Mental health board hearings; closed to public; exception; where conducted.
All mental health board hearings under the Nebraska Mental Health Commitment Act shall be closed to the public except at the request of the subject and shall be held in a courtroom or at any convenient and suitable place designated by the mental health board. The board shall have the right to conduct the proceeding where the subject is currently residing if the subject is unable to travel.
Source
Laws 1976, LB 806, § 65;
Laws 2000, LB 884, § 15;
R.S.Supp.,2002, § 83-1055;
Laws 2004, LB 1083, § 71.
Annotations
Mental health board hearings are closed to the public except at the request of the subject. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-952 - Subject's rights; appear in person and testify in own behalf; present witnesses and evidence.

71-952.
Subject's rights; appear in person and testify in own behalf; present witnesses and evidence.
A subject shall appear personally and be afforded the opportunity to testify in his or her own behalf and to present witnesses and tangible evidence in defending against the petition at the hearing.
Source
Laws 1976, LB 806, § 66;
Laws 1981, LB 95, § 21;
R.S.1943, (1999), § 83-1056;
Laws 2004, LB 1083, § 72.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-953 - Subject's rights; compulsory process to obtain testimony of witnesses.

71-953.
Subject's rights; compulsory process to obtain testimony of witnesses.
A subject shall be entitled to compulsory process to obtain the testimony of witnesses in his or her favor.
Source
Laws 1976, LB 806, § 67;
R.S.1943, (1999), § 83-1057;
Laws 2004, LB 1083, § 73.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-954 - Subject's rights; confront and cross-examine adverse witnesses and evidence.

71-954.
Subject's rights; confront and cross-examine adverse witnesses and evidence.
A subject shall have the right at a hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act to confront and cross-examine adverse witnesses and evidence equivalent to the rights of confrontation granted by Amendments VI and XIV of the United States Constitution and Article I, section 11, of the Constitution of Nebraska.
Source
Laws 1976, LB 806, § 68;
Laws 1981, LB 95, § 22;
Laws 2000, LB 884, § 16;
R.S.Supp.,2002, § 83-1058;
Laws 2004, LB 1083, § 74;
Laws 2006, LB 1199, § 46.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
Pursuant to this section, the subject of a petition under the Nebraska Mental Health Commitment Act has the right to confront and cross-examine adverse witnesses and evidence equivalent to the rights granted under the Confrontation Clauses of the U.S. and Nebraska Constitutions. In the absence of a waiver by the subject of a petition for commitment of his or her right to confrontation, in order to admit the telephonic testimony of a mental health professional during a civil commitment hearing, the State must demonstrate that (1) such testimony is necessary to further an important public policy and (2) the mental health professional is truly unavailable as a witness, thus necessitating telephonic testimony. The requirements of a demonstration of an important public policy and necessity are conjunctive, and the absence of a demonstration of either precludes the admission of the telephonic testimony. In re Interest of S.B., 263 Neb. 175, 639 N.W.2d 78 (2002).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-955 - Hearings; rules of evidence applicable.

71-955.
Hearings; rules of evidence applicable.
The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Nebraska Mental Health Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.
Source
Laws 1976, LB 806, § 69;
Laws 1981, LB 95, § 23;
Laws 2000, LB 884, § 17;
R.S.Supp.,2002, § 83-1059;
Laws 2004, LB 1083, § 75.
Annotations
The transcript of the proceeding before a mental health board may not be treated as evidence before the board, the district court, or this court unless the facts in the transcript are offered as evidence, are not objected to, and are received by the trier of fact. In re Interest of Kinnebrew, 224 Neb. 885, 402 N.W.2d 264 (1987).
This statute makes the general rules of evidence applicable to proceedings under the Mental Health Commitment Act. In re Interest of Blythman, 208 Neb. 51, 302 N.W.2d 666 (1981).
This section does not mandate Miranda-type warnings precede a psychiatric interview by a doctor. Kraemer v. Mental Health Board of the State of Nebraska, 199 Neb. 784, 261 N.W.2d 626 (1978).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-956 - Subject's rights; written statements; contents.

71-956.
Subject's rights; written statements; contents.
A subject shall be entitled to written statements by the mental health board as to the evidence relied on and reasons (1) for finding clear and convincing evidence at the subject's hearing that he or she is mentally ill and dangerous or a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in section 71-908 or subdivision (1) of section 83-174.01 and (2) for choosing the particular treatment specified by its order of final disposition. The mental health board shall make similar written findings when it orders a subject held in custody rather than released on conditions pending hearings to determine whether he or she is mentally ill and dangerous or a dangerous sex offender and in need of treatment ordered by the mental health board or pending the entry of an order of final disposition under section 71-925 or 71-1209.
Source
Laws 1976, LB 806, § 70;
Laws 1981, LB 95, § 24;
R.S.1943, (1999), § 83-1060;
Laws 2004, LB 1083, § 76;
Laws 2006, LB 1199, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-957 - Proceedings shall be of record; reporter; expenses and fees.

71-957.
Proceedings shall be of record; reporter; expenses and fees.
All proceedings held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act shall be of record, and all oral proceedings shall be reported verbatim by either a qualified shorthand reporter or by tape-recording equipment equivalent in quality to that required in county courts by section 25-2732. The written findings of the mental health board shall be part of the subject's records and shall be available to the parties in the case and to the treatment facility where the subject is receiving treatment pursuant to a commitment order of the mental health board under section 71-925 or 71-1209. Any qualified shorthand reporter who reports proceedings presided over by a board or otherwise than in his or her capacity as an official district court stenographic reporter shall apply to the court for reasonable expenses and fees for services performed in such hearings. The court shall fix reasonable expenses and fees, and the county board shall allow payment to the reporter in the full amount fixed by the court.
Source
Laws 1976, LB 806, § 71;
Laws 2000, LB 884, § 18;
R.S.Supp.,2002, § 83-1061;
Laws 2004, LB 1083, § 77;
Laws 2006, LB 1199, § 48.
Cross References
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-958 - Qualified mental health professional; provide medical treatment to subject; when.

71-958.
Qualified mental health professional; provide medical treatment to subject; when.
Any qualified mental health professional, upon being authorized by the administrator of the treatment facility having custody of the subject, may provide appropriate medical treatment for the subject while in custody, except that a subject shall not be subjected to such quantities of medication or other treatment within such period of time prior to any hearing held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act as will substantially impair his or her ability to assist in his or her defense at such hearing.
Source
Laws 1976, LB 806, § 72;
Laws 2000, LB 884, § 19;
R.S.Supp.,2002, § 83-1062;
Laws 2004, LB 1083, § 78;
Laws 2006, LB 1199, § 49.
Cross References
Mistreatment of mentally ill person, penalty, see section 83-356.
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-959 - Subject in custody or receiving treatment; rights; enumerated.

71-959.
Subject in custody or receiving treatment; rights; enumerated.
A subject in custody or receiving treatment under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act has the right:
(1) To be considered legally competent for all purposes unless he or she has been declared legally incompetent. The mental health board shall not have the power to declare an individual incompetent;
(2) To receive prompt and adequate evaluation and treatment for mental illness, personality disorders, and physical ailments and to participate in his or her treatment planning activities to the extent determined to be appropriate by the mental health professional in charge of the subject's treatment;
(3) To refuse treatment medication, except (a) in an emergency, such treatment medication as is essential in the judgment of the mental health professional in charge of such treatment to prevent the subject from causing injury to himself, herself, or others or (b) following a hearing and order of a mental health board, such treatment medication as will substantially improve his or her mental illness or personality disorder or reduce the risk posed to the public by a dangerous sex offender;
(4) To communicate freely with any other person by sealed mail, personal visitation, and private telephone conversations;
(5) To have reasonably private living conditions, including private storage space for personal belongings;
(6) To engage or refuse to engage in religious worship and political activity;
(7) To be compensated for his or her labor in accordance with the federal Fair Labor Standards Act, 29 U.S.C. 206, as such section existed on January 1, 2004;
(8) To have access to a patient grievance procedure; and
(9) To file, either personally or by counsel, petitions or applications for writs of habeas corpus for the purpose of challenging the legality of his or her custody or treatment.
Source
Laws 1976, LB 806, § 76;
Laws 2000, LB 884, § 21;
R.S.Supp.,2002, § 83-1066;
Laws 2004, LB 1083, § 79;
Laws 2006, LB 1199, § 50.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
The determination of what constitutes "prompt and adequate" treatment, as those terms are used in subsection (2) of this section, will inherently be a factual determination to be made based on the evidence and circumstances presented in each particular case. Navarette v. Settle, 10 Neb. App. 479, 633 N.W.2d 588 (2001).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-960 - Subject; waive rights; manner.

71-960.
Subject; waive rights; manner.
A subject may waive any of the proceedings or rights incident to proceedings granted him or her under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act by failing to request any right expressly required to be requested but, in the case of all other such rights, only if the record reflects that such waiver was made personally, intelligently, knowingly, understandingly, and voluntarily by the subject and such subject's legal guardian or conservator, if any. Such rights may otherwise be denied only by a mental health board or court order for good cause shown after notice to the subject, the subject's counsel, and such subject's guardian or conservator, if any, and an opportunity to be heard. If the mental health board determines that the subject is not able to waive his or her rights under this section, it shall be up to the discretion of the subject's counsel to exercise such rights. When the subject is not represented by counsel, the rights may not be waived.
Source
Laws 1976, LB 806, § 74;
Laws 1996, LB 1155, § 109;
Laws 2000, LB 884, § 20;
R.S.Supp.,2002, § 83-1064;
Laws 2004, LB 1083, § 80;
Laws 2006, LB 1199, § 51.
Cross References
Sex Offender Commitment Act, see section 71-1201.