reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-804 - Compact administrator; arrange for payments to discharge financial obligations.

83-804.
Compact administrator; arrange for payments to discharge financial obligations.
The compact administrator, with the approval of the state budget officer and the Governor, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Source
Laws 1969, c. 556, § 4, p. 2271.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-805 - Compact administrator; consult with family of proposed transferee; transfer; approval of court.

83-805.
Compact administrator; consult with family of proposed transferee; transfer; approval of court.
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without the approval of the court of commitment if the proposed transferee is in a state institution or facility pursuant to an order of a court.
Source
Laws 1969, c. 556, § 5, p. 2271.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-806 - Secretary of State; authorized copies; distribution.

83-806.
Secretary of State; authorized copies; distribution.
Duly authorized copies of sections 83-801 to 83-806 shall, upon their approval be transmitted by the Secretary of State to the Governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments.
Source
Laws 1969, c. 556, § 6, p. 2272.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-901 - Sections; purpose.

83-901.
Sections; purpose.
The purpose of sections 49-617, 68-621, 72-249, 72-1302 to 72-1304, 81-101, 81-102, 81-1021, 83-101.08, 83-107.01, 83-108, 83-112, 83-135, 83-139, 83-140, 83-144, 83-145, 83-147 to 83-150, 83-153 to 83-156, 83-170 to 83-173, 83-186, 83-188, 83-443, and 83-901 to 83-916 is to establish an agency of state government for the custody, study, care, discipline, training, and treatment of persons in the correctional and detention institutions and for the study, training, and treatment of persons under the supervision of other correctional services of the state so that they may be prepared for lawful community living. Correctional services shall be so diversified in program and personnel as to facilitate individualization of treatment.
Source
Laws 1973, LB 563, § 53;
Laws 1996, LB 1044, § 958;
Laws 1997, LB 307, § 228;
Laws 1998, LB 1073, § 168;
Laws 2007, LB256, § 14;
Laws 2020, LB1148, § 15.
Cross References
Department of Correctional Services, created, see sections 81-101 and 83-171.
Director of Correctional Services, appointment, salary, qualifications, see sections 81-102 and 83-172.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-902 - Department of Correctional Services; seal; certification of documents.

83-902.
Department of Correctional Services; seal; certification of documents.
The Department of Correctional Services shall adopt a seal. Copies of all records or other instruments in the department, when certified by the department as true copies and bearing the seal thereof, shall be received in any court as prima facie evidence of the original records or instruments.
Source
Laws 1973, LB 563, § 54.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-903 - Reentry program; development; reentry program administrator; purpose of program; department; duties.

83-903.
Reentry program; development; reentry program administrator; purpose of program; department; duties.
The Department of Correctional Services, in consultation with the Board of Parole, shall develop a reentry program for individuals incarcerated in a department correctional facility, individuals who have been discharged from a department correctional facility within the prior eighteen months, and parolees. The department shall hire a reentry program administrator to develop and oversee the reentry program and additional staff as needed to implement the reentry program. The purpose of the reentry program is to facilitate a standard systemwide program of reentry for individuals leaving correctional facilities or transitioning off community supervision. The primary objectives of the reentry program are to reduce recidivism, to identify, assess, and provide treatment options for individuals with mental illness, to increase public safety, and to improve the overall transition of the individual from the criminal justice system into the community. Prior to the discharge of an individual from a department correctional facility, the department shall provide such individual with an opportunity to obtain a state identification card or renew a motor vehicle operator's license.
Source
Laws 2014, LB907, § 13;
Laws 2018, LB258, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-905 - Department; control of adult corrections and secure youth facility.

83-905.
Department; control of adult corrections and secure youth facility.
The Department of Correctional Services shall have oversight and general control of all state adult correctional institutions and the secure youth facility. The Secure Youth Confinement Facility is a physically secure, coeducational facility designed to provide secure confinement, education, and treatment only for serious and chronic juvenile offenders who have been committed to the Department of Correctional Services for secure care.
Source
Laws 1973, LB 563, § 57;
Laws 1974, LB 994, § 1;
Laws 1980, LB 794, § 4;
Laws 1993, LB 31, § 65;
Laws 1994, LB 988, § 40;
Laws 1997, LB 882, § 9.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-906 - Staffing analysis; report.

83-906.
Staffing analysis; report.
The Department of Correctional Services shall conduct a department-wide staffing analysis of all positions, including a specific analysis regarding behavioral health staffing, in an effort to make a comprehensive determination of staffing needs. Concurrently, the department shall make short-term recommendations for needed staffing, including, but not limited to, facility administrative and support positions, in order to improve the effectiveness of staffing.
The staffing analysis shall be completed and a report of its findings and subsequent staffing recommendations submitted electronically to the Legislature no later than September 15, 2020. Subsequent updates of the staffing analysis shall be completed and shall be submitted electronically to the Legislature on or before September 15, 2026, and at least every six years thereafter or more frequently at the discretion of the department.
Source
Laws 2018, LB841, § 55.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-907 - Correctional system overcrowding emergency; Department of Correctional Services and Board of Parole; plan; contents; report.

83-907.
Correctional system overcrowding emergency; Department of Correctional Services and Board of Parole; plan; contents; report.
To ensure public safety in the event a correctional system overcrowding emergency is ever declared or determined to exist, the Department of Correctional Services and the Board of Parole shall submit to the Legislature a proposed plan which describes the process of implementing the accelerated parole review process required by section 83-962. The plan shall include, but not be limited to:
(1) The process by which the Director of Correctional Services shall certify that an overcrowding emergency exists;
(2) The process by which the department shall prepare and submit to the board a listing of parole-eligible committed offenders to be considered or reconsidered accelerated for parole;
(3) Any statutory changes required or funding necessary to accommodate such process;
(4) The process by which the board shall examine committed offenders during the accelerated parole review;
(5) A review of the analysis for granting parole pursuant to section 83-1,114 and whether this process and the factors set out in such section are sufficient or adequate for the accelerated parole review process required by section 83-962;
(6) A review of the process of supervising parolees released pursuant to the accelerated review process and the necessary means to ensure public safety; and
(7) Any statutory changes required or resources necessary to accommodate the existence of an overcrowding emergency status and to facilitate the potential requisite gubernatorial declaration of such emergency.
The plan shall be submitted electronically in a report to the Legislature on or before December 1, 2018.
Source
Laws 2018, LB841, § 56.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-908 - Department of Correctional Services; estimate of appropriations; prepare.

83-908.
Department of Correctional Services; estimate of appropriations; prepare.
The Department of Correctional Services shall prepare an estimate of the appropriations necessary for the support and needed improvements of the institutions under its charge, and a report of their operation during the preceding year, for the use of the Legislature. The estimate shall be printed, and may include a report of the results of investigation of methods of institution management and of treatment of patients and inmates, with suggestions for the betterment of any or all conditions.
Source
Laws 1973, LB 563, § 60.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-909 - Department; gather information; encourage scientific investigation.

83-909.
Department; gather information; encourage scientific investigation.
The Department of Correctional Services shall gather demographic information for statistical reporting purposes, shall encourage scientific investigation of the treatment of delinquency and crime, shall provide forms for statistical returns to be made by the institutions in their annual reports, and shall supervise the methods of care, treatment, education, and improvement of the inmates of the institutions under its control.
Source
Laws 1973, LB 563, § 61;
Laws 1979, LB 322, § 70;
Laws 1981, LB 545, § 46;
Laws 1993, LB 31, § 66.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-910 - Director; employees; inquiries to determine fitness for duties; investigation and report to Governor.

83-910.
Director; employees; inquiries to determine fitness for duties; investigation and report to Governor.
The Director of Correctional Services may examine any employee of the Department of Correctional Services and make such inquiries as will determine the employee's fitness for his or her respective duties, and the director shall investigate and report to the Governor any abuses or wrongs alleged to exist in the department.
Source
Laws 1973, LB 563, § 62;
Laws 1993, LB 31, § 67.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-911 - Director; information for Legislature.

83-911.
Director; information for Legislature.
The Director of Correctional Services shall be prepared to give any information desired by the Legislature concerning the institutions under his control, and his administration shall be subject to examination under oath by a legislative committee touching any matter in regard to which the Legislature may desire information concerning the condition of the institutions, their inmates, and the performance of their duties by the director or his employees. The committee may call and examine under oath any other persons as witnesses in such investigation. Such examinations shall be conducted in the manner and subject to the provisions of section 83-114.
Source
Laws 1973, LB 563, § 63.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-912 - Director, employee; no gift or gratuity; violation; removal from office.

83-912.
Director, employee; no gift or gratuity; violation; removal from office.
Neither the Director of Correctional Services nor any employee of the Department of Correctional Services shall receive from any person, firm, or corporation having dealings with the department, or from any employee or representative of such person, firm, or corporation, any gift or gratuity, either directly or indirectly, for himself or for any other person. The director or any employee who receives such a gift or gratuity shall be deemed guilty of bribery under section 28-917 and shall be removed from office.
Source
Laws 1973, LB 563, § 64;
Laws 1978, LB 748, § 48.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-913 - Cash received; remit to State Treasurer; report to department.

83-913.
Cash received; remit to State Treasurer; report to department.
All money derived from any source in any institution controlled by the Department of Correctional Services shall be remitted to the State Treasurer by the proper executive officer on the first day of each month. Detailed reports showing the source of all money received shall be made to the department every thirty days.
Source
Laws 1973, LB 563, § 65.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-913.01 - Department of Correctional Services Facility Cash Fund; created; how funded; investment; disbursements; how made.

83-913.01.
Department of Correctional Services Facility Cash Fund; created; how funded; investment; disbursements; how made.
(1) There is hereby created the Department of Correctional Services Facility Cash Fund.
Except as otherwise provided, all money derived from any source in any facility under the supervision of the Department of Correctional Services shall be remitted to the State Treasurer in accordance with the policies and procedures established by the Director of Correctional Services for credit to the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Department of Correctional Services Facility Cash Fund available for investment may be invested pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) All disbursements from the fund shall be made by the Director of Administrative Services by warrants drawn on the fund only upon certification of expenses by the chief executive officer of the appropriate facility within the Department of Correctional Services and upon presentation of proper vouchers for such expenses by the Director of Correctional Services or his or her authorized agent.
Source
Laws 1976, LB 869, § 1;
Laws 1993, LB 31, § 68;
Laws 1994, LB 1066, § 130;
Laws 2009, First Spec. Sess., LB3, § 89.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-914 - Emergency Revolving Fund; funding; accounting.

83-914.
Emergency Revolving Fund; funding; accounting.
An Emergency Revolving Fund, not to exceed six thousand dollars for any one institution or the central office of the Department of Correctional Services, upon order of the Director of Correctional Services, shall be drawn from the State Treasurer, to be used by the chief executive officer of each institution or the central office as an emergency cash fund. The fund shall be drawn from the general maintenance appropriation for the director. An accounting of such fund shall be made by each executive officer once each month to the director.
Source
Laws 1973, LB 563, § 66;
Laws 1976, LB 581, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-915 - Trust funds; investment; income; use.

83-915.
Trust funds; investment; income; use.
The Department of Correctional Services shall invest any surplus trust funds belonging to inmates in its custody with the state investment officer. The interest accruing from any investments shall be credited to the Inmate Welfare and Club Accounts Fund created under section 83-915.01. The department shall also provide inmates with the option of having an interest-earning savings account and shall notify the inmates of such option and the terms of such account.
Source
Laws 1973, LB 563, § 67;
Laws 1980, LB 698, § 1;
Laws 2002, LB 604, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-915.01 - Inmate Welfare and Club Accounts Fund; created; use; investment.

83-915.01.
Inmate Welfare and Club Accounts Fund; created; use; investment.
The Inmate Welfare and Club Accounts Fund is created. The fund shall consist of revenue from soft drinks sold to inmates in the custody of the Department of Correctional Services, including proceeds from recycling cans or other containers containing such soft drinks, profit from departmental canteens, interest earned by the fund, interest on inmate trust funds pursuant to section 83-915, or other revenue at the department's discretion. The fund shall be used to provide recreational activities and equipment for inmates at all of the department's correctional facilities. The fund shall be administered by the Director of Correctional Services or his or her designee. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2002, LB 604, § 2;
Laws 2015, LB605, § 107.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-916 - Buildings; erection; repair and improvement; contracts; bidding; procedure; exceptions; bond.

83-916.
Buildings; erection; repair and improvement; contracts; bidding; procedure; exceptions; bond.
(1) The Department of Correctional Services shall have general charge of the erection of new buildings, the repair and improvement of buildings, including fire escapes, and the improvement of grounds.
(2) Buildings and other improvements costing more than fifty thousand dollars, exclusive of equipment not germane to construction and building material made in the institution, shall be (a) constructed under the general charge of the department as provided in subsection (1) of this section and (b) let by contract to the lowest responsible bidder after proper advertisement as set forth in subsection (5) of this section, except that buildings costing more than fifty thousand dollars, such as shops, warehouses, or a cannery, when declared necessary by the department and to be constructed on the grounds of any Department of Correctional Services adult correctional facility, may be constructed by the use of inmate labor. Any construction by inmate labor shall have the approval of the department, the warden, and the chief engineer of the department.
(3) Inmate labor or the labor of state charges shall be employed, whenever the department deems it practicable, in all construction, repairs, and improvements at state institutions.
(4) The successful bidder at the letting referred to in subsection (2) of this section shall enter into a formal contract with the department, prepared as provided for by subsection (5) of this section, and shall furnish a bond for the faithful performance of his or her contract, except that a performance bond shall not be required for any project which has a total cost of one hundred thousand dollars or less unless the department includes a bond requirement in the specifications for the project.
(5) When contracts are to be let by the department as provided for by subsection (2) of this section, advertisements shall be published in accordance with rules and regulations adopted and promulgated by the state building division of the Department of Administrative Services stating that sealed proposals will be received by the Department of Correctional Services at its office on the date therein stated for the furnishing of materials, the construction of buildings, or the making of repairs or improvements and that plans and specifications can be seen at the office of the department. All bids or proposals shall be accompanied by a certified check or bid bond in a sum fixed by the department and payable thereto. All such contracts shall be awarded to the lowest responsible bidder, but the right shall be reserved to reject any and all bids. Whenever any material described in any contract can be obtained from any state institution, the department shall exclude it from such a contract.
Source
Laws 1973, LB 563, § 68;
Laws 1990, LB 257, § 6;
Laws 1993, LB 31, § 69;
Laws 1995, LB 530, § 18;
Laws 2007, LB256, § 15.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-917 - Reentry Cash Fund; created; use; investment.

83-917.
Reentry Cash Fund; created; use; investment.
The Reentry Cash Fund is created. The fund shall be administered by the Department of Correctional Services. The State Treasurer shall credit funds remitted pursuant to sections 33-157 and 83-184 and donations or contributions from public or private sources to the Reentry Cash Fund. The fund shall be used by the department for tuition, fees, and other costs associated with reentry and reintegration programs offered to offenders that are placed in the incarceration work camp. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2010, LB510, § 6.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-918 - Strategic plan; contents; report; appear at hearing.

83-918.
Strategic plan; contents; report; appear at hearing.
(1) For each biennium, the Department of Correctional Services shall, as part of the appropriations request process pursuant to subsection (1) of section 81-132, include a strategic plan that identifies the main purpose or purposes of each program, verifiable and auditable key goals that the department believes are fair measures of its progress in meeting each program's main purpose or purposes, and benchmarks for improving performance on the key goals. The department shall also report whether the benchmarks are being met and, if not, the expected timeframes for meeting them.
(2) On or before September 15 of each year, the Department of Correctional Services shall report electronically to the Judiciary Committee of the Legislature and the Appropriations Committee of the Legislature on the progress towards the key goals identified pursuant to this section that occurred in the previous twelve months. Upon request, the department shall appear at a joint hearing of the Judiciary Committee and Appropriations Committee and present the report.
Source
Laws 2015, LB33, § 3;
Laws 2016, LB1092, § 11;
Laws 2023, LB157, § 17.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-919 - Correctional officer; protective vest; required.

83-919.
Correctional officer; protective vest; required.
The Department of Correctional Services shall provide each correctional officer, as part of the standard uniform, with a protective vest designed to protect against edged weapons and stabbings. Each such vest shall be fitted to the officer.
Source
Laws 2023, LB50, § 58.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-922 - Department of Correctional Services; duties; divisions enumerated.

83-922.
Department of Correctional Services; duties; divisions enumerated.
The Department of Correctional Services shall fulfill those functions of state government relating to the custody, study, care, discipline, training, and treatment of persons in correctional and detention institutions. There shall be separate divisions within the department to assist in fulfilling these functions. The divisions shall be the Division of Community-Centered Services, the Division of Administrative Services, and the Division of Adult Services. The Director of Correctional Services shall appoint an assistant director as head of each division and may remove or change the powers and responsibilities of the assistant director of any of the divisions at his or her discretion.
Source
Laws 1975, LB 417, § 1;
Laws 1993, LB 31, § 70;
Laws 1994, LB 988, § 42;
Laws 1996, LB 1044, § 959.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-924 - Assistant director; duties, powers, and responsibilities.

83-924.
Assistant director; duties, powers, and responsibilities.
Subject to the supervision and approval of the Director of Correctional Services, each assistant director shall have the following duties, powers, and responsibilities:
(1) To coordinate and direct all programs and facilities under his or her jurisdiction;
(2) To select and manage such staff and supervise the operation of such equipment as he or she may require;
(3) To make such revisions to internal systems in each division as may be necessary to promote economy and facilitate maximum utilization of existing correctional services and facilities;
(4) To cause any existing program and facilities to be utilized by or merged with those of any other division in order to provide for greater efficiency or achieve any economic advantage;
(5) To provide the Legislature and the Governor technical assistance, advice, and information concerning administrative operations within his or her division; and
(6) To exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 1975, LB 417, § 3;
Laws 1993, LB 31, § 71;
Laws 2012, LB782, § 218;
Laws 2013, LB222, § 41.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-931 - Assistant director of the Division of Community-Centered Services; qualifications.

83-931.
Assistant director of the Division of Community-Centered Services; qualifications.
The Director of Correctional Services shall appoint as assistant director of the Division of Community-Centered Services any person who has an appropriate academic background and adequate training and experience.
Source
Laws 1975, LB 417, § 9;
Laws 1993, LB 31, § 77;
Laws 2015, LB598, § 36.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-932 - Division of Community-Centered Services; duties.

83-932.
Division of Community-Centered Services; duties.
The Division of Community-Centered Services shall:
(1) Coordinate all adult parole programs and services in the state and supervise the administration of such programs and services;
(2) Cooperate with the Division of Adult Services in the coordination of volunteer programs in the adult correctional facilities;
(3) Coordinate and supervise community educational programs to increase community awareness and understanding of the community rehabilitative programs of the division; and
(4) Perform all duties necessary to carry out the provisions of this section.
Source
Laws 1975, LB 417, § 10;
Laws 1993, LB 31, § 78.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-933 - Division of Parole Supervision; Director of Supervision and Services; duties.

83-933.
Division of Parole Supervision; Director of Supervision and Services; duties.
Beginning July 1, 2016, until July 19, 2018, the Office of Parole Administration shall be within the Board of Parole. Beginning on July 19, 2018, the Division of Parole Supervision shall be within the Board of Parole.
Subject to supervision, the Director of Supervision and Services shall be charged with the administration of parole services in the community pursuant to the provisions of section 83-1,102, implementation and administration of the Interstate Compact for Adult Offender Supervision as it affects parolees, community supervision of sex offenders pursuant to section 83-174.03, and supervision of parolees either paroled in Nebraska and supervised in another state or paroled in another state and supervised in Nebraska, pursuant to the compact.
Source
Laws 1975, LB 417, § 11;
Laws 1993, LB 31, § 79;
Laws 2003, LB 46, § 30;
Laws 2006, LB 1199, § 105;
Laws 2015, LB598, § 37;
Laws 2018, LB841, § 54.
Cross References
Interstate Compact for Adult Offender Supervision, see section 29-2639.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-936 - Adult Diagnostic and Evaluation Services Program; duties.

83-936.
Adult Diagnostic and Evaluation Services Program; duties.
There is hereby established the Adult Diagnostic and Evaluation Services Program within the Division of Adult Services. Subject to the supervision of the assistant director of the division, the program shall:
(1) Establish programs for the observation, testing, and examination, both mental and physical, of adult individuals within the jurisdiction of the Department of Correctional Services;
(2) Recommend treatment for and disposition of adult individuals within the jurisdiction of the department; and
(3) Cooperate with the division to establish and maintain rehabilitation programs for individuals committed or referred to any institution within the division.
Source
Laws 1975, LB 417, § 14;
Laws 1993, LB 31, § 80.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-938 - Division of Adult Services; assistant director; qualifications.

83-938.
Division of Adult Services; assistant director; qualifications.
The Director of Correctional Services shall appoint as assistant director of the Division of Adult Services any person who shall have an appropriate background in adult institutional correctional programs and adequate training and experience in correctional administrative work.
Source
Laws 1975, LB 417, § 15.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-939 - Division of Adult Services; duties.

83-939.
Division of Adult Services; duties.
The Division of Adult Services shall:
(1) Establish, administer, and supervise all correctional facilities designed to house adult offenders;
(2) Establish and maintain the Adult Diagnostic and Evaluation Services Program;
(3) Develop and coordinate with the assistance of the Division of Community-Centered Services, volunteer programs within adult correctional facilities; and
(4) Perform any other duties assigned by the Director of Correctional Services.
Source
Laws 1975, LB 417, § 16;
Laws 1986, LB 481, § 2;
Laws 1993, LB 31, § 81.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-942 - Division of Administrative Services; assistant director; qualifications.

83-942.
Division of Administrative Services; assistant director; qualifications.
The Director of Correctional Services shall appoint as assistant director of the Division of Administrative Services any person who shall have a thorough academic background and practical experience in correctional administrative work.
Source
Laws 1975, LB 417, § 20.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-943 - Division of Administrative Services; duties.

83-943.
Division of Administrative Services; duties.
The Division of Administrative Services shall coordinate and supervise services available to all divisions of the Department of Correctional Services from a centralized location within the department. Such services shall include:
(1) Providing technical assistance on budget preparation, accounting procedures, federal funding administration, procurement, and inventory;
(2) Providing assistance in the total concept of human resource management involving staffing, recruitment, and evaluation and establishing and maintaining inservice training programs for existing programs as well as future programs;
(3) Providing technical assistance in the planning and development of new capital construction projects and supervising maintenance functions for all facilities within the department;
(4) Providing data collection and analysis from Nebraska and other states to assist the director in the formulation of current and future corrections policy and to justify budgetary needs to implement policy decisions, and developing standards for evaluation of corrections programs to better evaluate social worth and budgetary performance;
(5) Design and implementation of a comprehensive data record system for the disposition of the criminal records of adult inmates in the state; and
(6) Performance of other duties assigned by the Director of Correctional Services.
Source
Laws 1975, LB 417, § 21;
Laws 1993, LB 31, § 82.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-956 - Treaty; transfer of convicted offenders to foreign countries; Director of Correctional Services; duties.

83-956.
Treaty; transfer of convicted offenders to foreign countries; Director of Correctional Services; duties.
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the Director of Correctional Services to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.
Source
Laws 1980, LB 808, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-957 - Central warehouse system; authorized.

83-957.
Central warehouse system; authorized.
The Department of Correctional Services is authorized to develop a central warehouse system for the ordering, purchasing, delivering, and billing for facilities and programs within the Department of Correctional Services of items stocked in the central warehouse system. The central warehouse system shall operate separately and distinctly from other department revolving-funded operations.
Source
Laws 1999, LB 873, § 8.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-958 - Department of Correctional Services Warehouse Revolving Fund; created; use; investment.

83-958.
Department of Correctional Services Warehouse Revolving Fund; created; use; investment.
There is hereby created the Department of Correctional Services Warehouse Revolving Fund. This fund shall only be used for the purchase of items to be resold at cost to facilities and programs within the Department of Correctional Services. Facilities and programs within the department receiving items from the central warehouse system shall be billed for such goods at the time of delivery. All receipts from the items sold through the central warehouse system shall be deposited in the fund. The fund shall be administered by the Director of Correctional Services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1999, LB 873, § 9.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-959 - Separate budget programs required.

83-959.
Separate budget programs required.
The budget division of the Department of Administrative Services shall administratively create a separate budget program classification within the Department of Correctional Services to properly account for revenue and disbursements of items stocked and sold by the central warehouse system. The Department of Correctional Services shall track the operating expenses of the central warehouse system within a separate budget subprogram within the central office budget.
Source
Laws 1999, LB 873, § 10.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-961 - Terms, defined.

83-961.
Terms, defined.
For purposes of the Correctional System Overcrowding Emergency Act:
(1) Board means the Board of Parole;
(2) Committed offender has the definition found in section 83-170;
(3) Department means the Department of Correctional Services;
(4) Design capacity means the total designed bed space in facilities operated by the department, as certified by the director;
(5) Director means the Director of Correctional Services;
(6) Operational capacity means one hundred twenty-five percent of design capacity;
(7) Population means the actual number of inmates assigned to facilities operated by the department and does not include inmates assigned to county-operated correctional institutions; and
(8) Violent offense means any one or more of the following crimes: Murder in the first degree, murder in the second degree, manslaughter, assault in the first degree, kidnapping, sexual assault in the first degree, or robbery.
Source
Laws 2003, LB 46, § 47.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-962 - Correctional system overcrowding emergency; Governor; declaration; when; effect.

83-962.
Correctional system overcrowding emergency; Governor; declaration; when; effect.
(1) Until July 1, 2020, the Governor may declare a correctional system overcrowding emergency whenever the director certifies that the department's inmate population is over one hundred forty percent of design capacity. Beginning July 1, 2020, a correctional system overcrowding emergency shall exist whenever the director certifies that the department's inmate population is over one hundred forty percent of design capacity. The director shall so certify within thirty days after the date on which the population first exceeds one hundred forty percent of design capacity.
(2) During a correctional system overcrowding emergency, the board shall immediately consider or reconsider committed offenders eligible for parole who have not been released on parole.
(3) Upon such consideration or reconsideration, and for all other consideration of committed offenders eligible for parole while the correctional system overcrowding emergency is in effect, the board shall order the release of each committed offender unless it is of the opinion that such release should be deferred because:
(a) The board has determined that it is more likely than not that the committed offender will not conform to the conditions of parole;
(b) The board has determined that release of the committed offender would have a very significant and quantifiable effect on institutional discipline; or
(c) The board has determined that there is a very substantial risk that the committed offender will commit a violent act against a person.
(4) In making the determination regarding the risk that a committed offender will not conform to the conditions of parole, the board shall take into account the factors set forth in subsection (2) of section 83-1,114.
(5) The board shall continue granting parole to offenders under this section until the director certifies that the population is at operational capacity. The director shall so certify within thirty days after the date on which the population first reaches operational capacity.
Source
Laws 2003, LB 46, § 48;
Laws 2015, LB598, § 38.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-963 - Department; annual report; contents.

83-963.
Department; annual report; contents.
The department shall prepare an annual report on committed offenders who are paroled or granted controlled release pursuant to the Correctional System Overcrowding Emergency Act. The report shall summarize each such former committed offender's behavior since parole and generally evaluate his or her success or lack of success in becoming a law-abiding member of society. The annual report shall be filed electronically with the Executive Board of the Legislative Council on or before December 31, with the first such report submitted by December 31 of the first year that committed offenders are paroled pursuant to the act. A notice of the filing of the report shall be submitted electronically to each member of the Legislature when the annual report is filed with the Executive Board.
Source
Laws 2003, LB 46, § 49;
Laws 2012, LB782, § 219.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-964 - Sentence of death; how enforced.

83-964.
Sentence of death; how enforced.
A sentence of death shall be enforced by the intravenous injection of a substance or substances in a quantity sufficient to cause death. The lethal substance or substances shall be administered in compliance with an execution protocol created and maintained by the Department of Correctional Services.
Source
Laws 1973, LB 268, § 17;
R.S.1943, (2008), § 29-2532;
Laws 2009, LB36, § 9;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-964 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
Under former law, Nebraska's statutes specifying electrocution as the mode of inflicting the death penalty are separate, and severable, from the procedures by which the trial court sentences the defendant. State v. Mata, 275 Neb. 1, 745 N.W.2d 229 (2008).
Under former law, that a method of execution is cruel and unusual punishment bears solely on the legality of the execution of the sentence and not on the validity of the sentence itself. State v. Mata, 275 Neb. 1, 745 N.W.2d 229 (2008).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-965 - Director of Correctional Services; written execution protocol; contents.

83-965.
Director of Correctional Services; written execution protocol; contents.
(1) A sentence of death shall be enforced by the Director of Correctional Services. Upon receipt of an execution warrant, the director shall proceed at the time named in the warrant to enforce the sentence, unless the director is informed that enforcement of the sentence has been stayed by competent judicial authority, the sentence has been commuted, or the conviction has been pardoned.
(2) The director shall create, modify, and maintain a written execution protocol describing the process and procedures by which an execution will be carried out consistent with this section. The director shall (a) select the substance or substances to be employed in an execution by lethal injection, (b) create a documented process for obtaining the necessary substances, (c) designate an execution team composed of one or more executioners and any other personnel deemed necessary to effectively and securely conduct an execution, (d) describe the respective responsibilities of each member of the execution team, (e) describe the training required of each member of the execution team, and (f) perform or authorize any other details deemed necessary and appropriate by the director.
(3) The execution protocol shall require that the first or only substance injected be capable of rendering the convicted person unconscious and that a determination sufficient to reasonably verify that the convicted person is unconscious be made before the administration of any additional substances, if any.
Source
Laws 2009, LB36, § 10;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-965 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
This section is not an unconstitutional delegation of legislative power. State v. Ellis, 281 Neb. 571, 799 N.W.2d 267 (2011).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-966 - Lethal injection; participation of professional; how treated under other law.

83-966.
Lethal injection; participation of professional; how treated under other law.
Notwithstanding any other provision of law:
(1) Any prescription, preparation, compounding, dispensing, obtaining, or administration of the substances deemed necessary to perform a lethal injection shall not constitute the practice of medicine or any other profession relating to health care which is subject by law to regulation, licensure, or certification;
(2) A pharmacist or pharmaceutical supplier may dispense the designated substances, without a prescription, to the Director of Correctional Services or the director's designee upon production of a written request from the director for the designated substances necessary to conduct an execution;
(3) Obtaining, preparing, compounding, dispensing, and administering the substance or substances designated by the execution protocol does not violate the Uniform Controlled Substances Act or sections 71-2501 to 71-2512; and
(4) If a person who is a member of the execution team is licensed by a board or department, the licensing board or department shall not censure, reprimand, suspend, revoke, or take any other disciplinary action against that person's license as a result of that person's participation in a court-ordered execution.
Source
Laws 2009, LB36, § 11;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-966 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Cross References
Uniform Controlled Substances Act, see section 28-401.01.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-967 - Director of Correctional Services; administration of substances; execution team; confidentiality.

83-967.
Director of Correctional Services; administration of substances; execution team; confidentiality.
(1) The Director of Correctional Services may designate any person qualified under the terms of the execution protocol to administer to the convicted person the substances necessary to comply with the execution protocol.
(2) The identity of all members of the execution team, and any information reasonably calculated to lead to the identity of such members, shall be confidential and exempt from disclosure pursuant to sections 84-712 to 84-712.09 and shall not be subject to discovery or introduction as evidence in any civil proceeding unless extraordinary good cause is shown and a protective order is issued by a district court limiting dissemination of such information.
Source
Laws 2009, LB36, § 12;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-967 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
Subsection (2) of this section does not provide a complete exception to the public records statutes and is reasonably and ordinarily understood as an exemption like those under section 84-712.05. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).
Under the plain and unambiguous language of subsection (2) of this section, the Legislature intended to prevent the disclosure of the identities of execution team members. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-968 - Method of execution declared unconstitutional; effect on sentence.

83-968.
Method of execution declared unconstitutional; effect on sentence.
No death sentence shall be voided or reduced as a result of a determination that a method of execution was declared unconstitutional under the Constitution of Nebraska or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.
Source
Laws 2009, LB36, § 13;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-968 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-969 - Punishment inflicted; exclude view of persons; exception.

83-969.
Punishment inflicted; exclude view of persons; exception.
When any convicted person is sentenced to death, such punishment shall be inflicted at a Department of Correctional Services facility under the supervision of the Director of Correctional Services and in such a manner as to exclude the view of all persons except those permitted to be present as provided in sections 83-970 and 83-971.
Source
Laws 1973, LB 268, § 18;
R.S.1943, (2008), § 29-2533;
Laws 2009, LB36, § 14;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-969 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.