reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2817 - Writ; return by person detaining; contents.

29-2817.
Writ; return by person detaining; contents.
In every case in which a writ of habeas corpus has been allowed, the person to whom the writ is directed shall file a return in which he shall plainly and unequivocally state the following: (1) Whether he has or has not the party in his custody or power, or under restraint; (2) if he has the party in his custody or power, or under restraint, he shall set forth at large the authority and the true and whole cause of such imprisonment and restraint, with a copy of the writ, warrant, or other process, if any, upon which the party is detained; and (3) if he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, he shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.
Source
G.S.1873, c. 58, § 371, p. 808;
R.S.1913, § 9263;
C.S.1922, § 10292;
C.S.1929, § 29-2817;
R.S.1943, § 29-2817.
Annotations
Sufficiency of return raised but not decided. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961).
Where failure to comply with this section was not challenged in trial court, objection thereto could not be raised on appeal. In re Application of Bruno, 153 Neb. 445, 45 N.W.2d 178 (1950).
Party to whom writ is directed must set forth in return authority to hold and detain applicant for writ. In re Application of Robinson, 150 Neb. 443, 34 N.W.2d 887 (1948).
A person to whom a writ of habeas corpus is directed makes response to the writ, not to the petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944).
In the return to writ of habeas corpus, facts must appear which warrant restraint of party detained. In re Application of Niklaus, Niklaus v. Holloway, 144 Neb. 503, 13 N.W.2d 655 (1944).
When return to writ shows relator to be in custody of officer against whom it is directed and no facts appear warrant restraint of respondent, it is duty of court to order his discharge. Rose v. Vosburg, 107 Neb. 847, 187 N.W. 46 (1922).
In making return to writ of habeas corpus, officer detaining petitioner is required to set out copy of warrant of arrest and detention. Chandler v. Sipes, 103 Neb. 111, 170 N.W. 604 (1919).
In making return by officer, copy of process should be set out or sufficient reason assigned for failure. Urban v. Brailey, 86 Neb. 217, 125 N.W. 543 (1910), affirming 85 Neb. 796, 124 N.W. 467 (1910).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2818 - Writ; return by person detaining; signature and verification.

29-2818.
Writ; return by person detaining; signature and verification.
The return or statement shall be signed by the person making it, and it shall be sworn to by him, unless he is a public officer and makes the return in his official capacity.
Source
G.S.1873, c. 58, § 372, p. 808;
R.S.1913, § 9264;
C.S.1922, § 10293;
C.S.1929, § 29-2818;
R.S.1943, § 29-2818.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2819 - Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs.

29-2819.
Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs.
Upon the return of any writ of habeas corpus, issued as aforesaid, if it shall appear that the person detained or imprisoned is in custody under any warrant or commitment in pursuance of law, the return shall be considered as prima facie evidence of the cause of detention; but if the person so imprisoned or detained is restrained of liberty by any alleged private authority, the return of the writ shall be considered only as a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts. Upon the final disposition of any case arising upon a writ of habeas corpus, the court or judge determining the same shall make such order as to costs as the case may require.
Source
G.S.1873, c. 58, § 373, p. 809;
R.S.1913, § 9265;
C.S.1922, § 10294;
C.S.1929, § 29-2819;
R.S.1943, § 29-2819.
Annotations
In habeas corpus proceeding against the warden of the state penitentiary, seeking the release of a prisoner, the return to the writ is prima facie evidence of the cause of detention. Goodman v. O'Grady, 135 Neb. 612, 283 N.W. 213 (1939); Sanclaer v. State, 111 Neb. 473, 196 N.W. 686 (1923).
Warrant of arrest and detention in hands of officer executing it is prima facie evidence of cause of detention. Chandler v. Sipes, 103 Neb. 111, 170 N.W. 604 (1919).
Return of officer is prima facie evidence of facts therein stated. McIntyre v. Mote, 77 Neb. 418, 109 N.W. 763 (1906).
Respondent is bound to establish, by evidence, facts set up in return. In re Application of Thomsen, 1 Neb. Unof. 751, 95 N.W. 805 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2820 - Writ; person detaining; how designated.

29-2820.
Writ; person detaining; how designated.
The person having the custody of the prisoner may, in all writs of habeas corpus issued under sections 29-2801 to 29-2824, be designated by his name of office, if he has any, or by his own name; or if both such names are unknown or uncertain, he may be described by an assumed appellation, and any person who is served with the writ shall be deemed the person intended thereby.
Source
G.S.1873, c. 58, § 369, p. 808;
R.S.1913, § 9266;
C.S.1922, § 10295;
C.S.1929, § 29-2820;
R.S.1943, § 29-2820.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2821 - Writ; person detained; how designated.

29-2821.
Writ; person detained; how designated.
The person to be produced shall be designated by his name, if known, and if that is unknown or uncertain, he may be described in any other way so as to make known who is intended.
Source
G.S.1873, c. 58, § 370, p. 808;
R.S.1913, § 9267;
C.S.1922, § 10296;
C.S.1929, § 29-2821;
R.S.1943, § 29-2821.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2822 - Writ; order for safekeeping of person detained.

29-2822.
Writ; order for safekeeping of person detained.
When any writ of habeas corpus shall have been allowed, the court or judge to which the same shall be returned, or into which it shall be adjourned, shall, for good cause shown, continue the cause and shall make order for the safekeeping of the person imprisoned, or detain him, as the nature of the case may require.
Source
G.S.1873, c. 58, § 374, p. 809;
R.S.1913, § 9268;
C.S.1922, § 10297;
C.S.1929, § 29-2822;
R.S.1943, § 29-2822.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2824 - Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.

29-2824.
Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.
The county judge shall be allowed the sum of five dollars for every allowance of the writ of habeas corpus and the hearing and determining of the case upon the return of the writ, which sum, together with the fees of the clerk, sheriff, and witnesses in the case, shall be taxed by the judge on his or her return of proceedings on the writ, and the same shall be taxed and collected as part of the original costs in the case whenever the person brought before the judge on the writ was in custody by virtue of the proceedings in any case in which such person is charged or attempted to be charged with the commission of any criminal offense, and when such person shall either be held to bail, or shall be remanded to custody by the judge, but when such person shall be wholly discharged by the judge the costs shall be taxed to the state, and paid out of the county treasury of the proper county, upon the order of the county board;
Provided,
no person or officer shall have the right to demand the payment in advance of any fees which such person or officer may be entitled to by virtue of such proceedings on habeas corpus, when the writ shall have been issued or demanded for the discharge from custody of any person confined under color of proceedings in any criminal case.
Source
G.S.1873, c. 58, § 376, p. 809;
R.S.1913, § 9270;
C.S.1922, § 10299;
C.S.1929, § 29-2824;
R.S.1943, § 29-2824;
Laws 1982, LB 928, § 25.
Annotations
No prepayment of fees is necessary in order to file a petition for a writ of habeas corpus based upon an issue of custody in a criminal case. Buggs v. Frakes, 298 Neb. 432, 904 N.W.2d 664 (2017).
Under former law Post Conviction Act did not provide for allowance of attorney's fees. State v. Konvalin, 181 Neb. 554, 149 N.W.2d 755 (1967).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2922 - Act, how cited.

29-2922.
Act, how cited.
Sections 29-2922 to 29-2936 shall be known and may be cited as the Convicted Sex Offender Act.
Source
Laws 1992, LB 523, § 1.
Annotations
The Convicted Sex Offender Act does not apply to persons previously convicted of a sexual offense but determined not to be mentally disordered under the prior mentally disordered sex offender act. State v. Wragge, 246 Neb. 864, 524 N.W.2d 54 (1994).
The Convicted Sex Offender Act does not apply to persons classified as untreatable or presently untreatable. State v. Sell, 244 Neb. 618, 508 N.W.2d 273 (1993).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2923 - Terms, defined.

29-2923.
Terms, defined.
For purposes of the Convicted Sex Offender Act:
(1) Aftercare treatment program shall mean any public or private facility or service which offers treatment on an outpatient basis or in a minimally restricted setting, which treatment is appropriate for a convicted sex offender after he or she has successfully completed an inpatient treatment program operated by the Department of Health and Human Services; and
(2) Convicted sex offender shall mean a person who is convicted of sexual assault in the first degree as provided in section 28-319, sexual assault in the second degree as provided in section 28-320, sexual assault of a child in the second or third degree as provided in section 28-320.01, sexual assault of a child in the first degree as provided in section 28-319.01, incest as provided in section 28-703, or attempt to commit sexual assault in the first degree pursuant to section 28-201 and sentenced to a term of imprisonment in a Department of Correctional Services adult correctional facility.
Source
Laws 1992, LB 523, § 2;
Laws 1996, LB 1044, § 78;
Laws 2006, LB 1199, § 16.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2924 - Sentences authorized.

29-2924.
Sentences authorized.
Nothing in the Convicted Sex Offender Act shall be construed to prohibit a court from sentencing a person convicted of a crime identified in subdivision (2) of section 29-2923 to probation or community service or imposing any other sentence or condition allowed by law.
Source
Laws 1992, LB 523, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2925 - Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender.

29-2925.
Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender.
Within sixty days of the date of commitment to the Department of Correctional Services of a convicted sex offender to serve his or her sentence, the Department of Health and Human Services shall conduct an evaluation of the offender for purposes of determining whether treatment in a treatment program operated by the Department of Health and Human Services is appropriate for the offender. The evaluation process shall be based upon criteria and procedures established by the Department of Health and Human Services. The Department of Correctional Services shall provide the Department of Health and Human Services access to all correctional and presentence records determined by the Department of Health and Human Services to be relevant to the evaluation process.
Source
Laws 1992, LB 523, § 4;
Laws 1996, LB 1044, § 79.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2926 - Determination that treatment is not appropriate; review; procedure; no appeal.

29-2926.
Determination that treatment is not appropriate; review; procedure; no appeal.
(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may request the sentencing judge to review the determination in accordance with subsection (2) of this section.
(2) Within thirty days of the determination of the Department of Health and Human Services that the treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may apply to the sentencing judge for a review of the denial of treatment. The review shall be conducted under the following rules of procedure:
(a) The court may allow each party to call witnesses on its behalf at such party's expense. Witnesses may be subpoenaed at the expense of the party calling the witness;
(b) Each party shall be allowed to be represented by counsel at such party's expense;
(c) Each party may be allowed to cross-examine adverse witnesses;
(d) The Nebraska Evidence Rules shall not apply unless expressly provided for by law, and the court may consider all evidence which in its discretion is relevant to whether the determination of the department is appropriate;
(e) The court may affirm the determination of the department, remand the matter for further proceedings, or reverse or modify the determination if such determination is unsupported by competent, material, and substantial evidence in view of the entire record as made on review or if the determination is arbitrary and capricious; and
(f) The review pursuant to this section shall not be subject to appeal.
Source
Laws 1992, LB 523, § 5;
Laws 1996, LB 1044, § 80.
Cross References
Nebraska Evidence Rules, see section 27-1103.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2928 - Treatment in inpatient treatment program; determination; procedure; departments; duties.

29-2928.
Treatment in inpatient treatment program; determination; procedure; departments; duties.
(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is appropriate for a convicted sex offender, that the offender will enter the treatment program voluntarily, and that space is available in the program, the Director of Correctional Services shall transfer the offender to the treatment program designated by the Department of Health and Human Services for treatment. The Department of Correctional Services shall be responsible for physical transfer of the offender to the treatment facility.
(2) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is not appropriate for a convicted sex offender, the offender shall serve the sentence in a facility operated by the Department of Correctional Services and may participate in treatment offered by the Department of Correctional Services if the Department of Correctional Services determines that such treatment is appropriate for the offender. The Department of Correctional Services may make a recommendation concerning treatment as provided in subsection (4) of this section.
(3) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is not initially appropriate for a convicted sex offender but may be appropriate at a later time, a treatment decision may be deferred until a designated time, no later than two and one-half years prior to the offender's earliest parole eligibility date, when the offender will be reevaluated.
(4) If the Department of Correctional Services determines that an offender participating in treatment offered by the Department of Correctional Services will benefit from a treatment program operated by the Department of Health and Human Services, the Department of Correctional Services shall notify the Department of Health and Human Services and recommend admission of the offender to the treatment program. The evaluation process to determine whether such offender is to be admitted into a treatment program operated by the Department of Health and Human Services pursuant to this subsection shall be based upon criteria and procedures established by the Department of Health and Human Services and shall not be subject to appeal or review.
Source
Laws 1992, LB 523, § 7;
Laws 1996, LB 1044, § 82;
Laws 2007, LB296, § 46.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2929 - Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment.

29-2929.
Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment.
(1) The inpatient treatment program operated by the Department of Health and Human Services shall conduct annual reviews of each convicted sex offender in the program and submit annual progress reports to the Department of Correctional Services.
(2) If the offender is uncooperative while in the inpatient treatment program or is found not to be amenable to treatment, the Department of Health and Human Services shall cause the offender to be returned to the Department of Correctional Services in accordance with procedures established by the Department of Health and Human Services. The Department of Correctional Services shall be responsible for physical transfer of the offender from the inpatient treatment facility to the Department of Correctional Services. The Department of Health and Human Services shall, at the time of the transfer, provide the Department of Correctional Services a report summarizing the offender's response to and progress while in treatment and the reasons for the transfer and shall provide access to the treatment records as requested by the Department of Correctional Services.
(3) All days of confinement in a treatment program operated by the Department of Health and Human Services shall be credited to the offender's term of imprisonment.
Source
Laws 1992, LB 523, § 8;
Laws 1996, LB 645, § 16;
Laws 1996, LB 1044, § 83;
Laws 2007, LB296, § 47.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2930 - Inpatient treatment program; aftercare treatment program; individual discharge plan.

29-2930.
Inpatient treatment program; aftercare treatment program; individual discharge plan.
If the Department of Health and Human Services determines that the convicted sex offender has received the maximum benefit of the inpatient treatment program operated by the Department of Health and Human Services and is ready for treatment in an aftercare treatment program, the person in charge of the inpatient treatment program shall develop an individual discharge plan documenting the findings and recommendations of the program and a designated aftercare treatment program. The individual discharge plan shall be provided to the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment program.
Source
Laws 1992, LB 523, § 9;
Laws 1996, LB 645, § 17;
Laws 1996, LB 1044, § 84.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2935 - Department of Health and Human Services; access to data and information for evaluation; authorized.

29-2935.
Department of Health and Human Services; access to data and information for evaluation; authorized.
For purposes of evaluating the treatment process, the Division of Parole Supervision, the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment programs shall allow appropriate access to data and information as requested by the Department of Health and Human Services.
Source
Laws 1992, LB 523, § 14;
Laws 1996, LB 645, § 19;
Laws 1996, LB 1044, § 88;
Laws 2018, LB841, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2936 - Rules and regulations.

29-2936.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations as necessary to carry out the Convicted Sex Offender Act.
Source
Laws 1992, LB 523, § 15;
Laws 1996, LB 1044, § 89.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3002 - Postconviction relief; order; appeal; recognizance.

29-3002.
Postconviction relief; order; appeal; recognizance.
An order sustaining or overruling a motion filed under sections 29-3001 to 29-3004 shall be deemed to be a final judgment, and an appeal may be taken from the district court as provided for in appeals in civil cases. A prisoner may, in the discretion of the appellate court and upon application to the appellate court, be released on such recognizance as the appellate court fixes pending the determination of the appeal.
Source
Laws 1965, c. 145, § 2, p. 487;
Laws 1991, LB 732, § 87;
Laws 1993, LB 652, § 2.
Cross References
For appeals in civil cases, see sections 25-2728 to 25-2738.
Annotations
An order overruling a motion for postconviction relief as to a claim is a "final judgment" as to such claim. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018).
An order ruling on a motion filed in a pending postconviction case, seeking to amend the postconviction motion to assert additional claims, is not a final judgment and is not appealable. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018).
An order denying an evidentiary hearing on a postconviction claim is a final judgment as to such claim under this section. State v. Poindexter, 277 Neb. 936, 766 N.W.2d 391 (2009).
An order ruling on a motion filed in a pending postconviction case seeking to amend the postconviction motion to assert additional claims is not a final judgment and is not appealable under this section. State v. Hudson, 273 Neb. 42, 727 N.W.2d 219 (2007).
Appeal cannot be taken directly to Supreme Court from municipal court in post conviction proceeding. State v. Williams, 188 Neb. 802, 199 N.W.2d 611 (1972).
State may appeal under this section although error proceedings under section 29-2315.01 are pending. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971).
Appointment of counsel to appeal from denial of post conviction relief is properly refused when record and files show prisoner is entitled to no relief. State v. Gero, 186 Neb. 379, 183 N.W.2d 274 (1971).
Failure to appeal decision within one month prevented Supreme Court from obtaining jurisdiction. State v. Pauley, 185 Neb. 478, 176 N.W.2d 687 (1970).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3003 - Postconviction remedy; cumulative; dismissal; when.

29-3003.
Postconviction remedy; cumulative; dismissal; when.
The remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state. Any proceeding filed under the provisions of sections 29-3001 to 29-3004 which states facts which if true would constitute grounds for relief under another remedy shall be dismissed without prejudice.
Source
Laws 1965, c. 145, § 3, p. 487.
Annotations
When presented with a motion for postconviction relief that exists simultaneously with a motion seeking relief under another remedy, a court must dismiss the postconviction motion without prejudice when the allegations, if true, would constitute grounds for relief under the other remedy sought; the question is not whether the petitioner believes he or she is entitled to the other remedy. State v. Harris, 292 Neb. 186, 871 N.W.2d 762 (2015).
The phrase "any other remedy" encompasses a direct appeal when the issue raised in the postconviction proceeding can be raised in the direct appeal. Thus, a motion for postconviction relief cannot be used as a substitute for an appeal or to secure a further review of issues already litigated on direct appeal or which were known to the defendant and counsel at the time of the trial and which were capable of being raised, but were not raised, in the defendant's direct appeal. State v. Molina, 271 Neb. 488, 713 N.W.2d 412 (2006).
Post conviction remedy is cumulative. State v. Williams, 181 Neb. 692, 150 N.W.2d 260 (1967).
Remedy under Post Conviction Act is cumulative and is not intended to be concurrent and with any other remedy. State v. Dabney, 181 Neb. 263, 147 N.W.2d 768 (1967); State v. Carr, 181 Neb. 251, 147 N.W.2d 619 (1967).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3101 - Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney.

29-3101.
Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney.
(a) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a judicial officer of this state having authority under the laws of this state to issue warrants for the arrest of persons charged with crime the following documents:
(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him;
(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
(b) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the judicial officer shall issue a warrant to a law enforcement officer of this state for the person's arrest.
(c) The judicial officer shall notify the county attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by subsection (a) and the identity and authority of the affiant.
Source
Laws 1969, c. 228, §1, p. 851.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3102 - Removal; hearing; rights of person accused; conditions for release.

29-3102.
Removal; hearing; rights of person accused; conditions for release.
(a) The person whose removal is sought shall be brought before the judicial officer immediately upon arrest pursuant to the warrant; whereupon the judicial officer shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.
(b) The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the judicial officer shall issue an order pursuant to section 29-3103.
(c) The judicial officer may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought.
Source
Laws 1969, c. 228, § 2, p. 852.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3103 - Order; return to demanding court.

29-3103.
Order; return to demanding court.
The county attorney shall appear at the hearing and report to the judicial officer the results of his investigation. If the judicial officer finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the judicial officer shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.
Source
Laws 1969, c. 228, § 3, p. 853.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3104 - Severability.

29-3104.
Severability.
If any provision of sections 29-3101 to 29-3106 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 29-3101 to 29-3106 which can be given effect without the invalid provision or application, and to this end the provisions of sections 29-3101 to 29-3106 are severable.
Source
Laws 1969, c. 228, § 4, p. 853.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3105 - Sections, how construed.

29-3105.
Sections, how construed.
Sections 29-3101 to 29-3106 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1969, c. 228, § 5, p. 853.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3201 - Terms, defined.

29-3201.
Terms, defined.
As used in sections 29-3201 to 29-3210,
(a) Witness means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
(b) Penal institutions includes a jail, prison, penitentiary, house of correction, or other place of penal detention.
(c) State includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
Source
Laws 1969, c. 229, § 1, p. 854.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3202 - Witness; summoning in this state to testify in another state; procedure.

29-3202.
Witness; summoning in this state to testify in another state; procedure.
A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
Source
Laws 1969, c. 229, § 2, p. 854.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3203 - Order; conditions; contents.

29-3203.
Order; conditions; contents.
If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.
Source
Laws 1969, c. 229, § 3, p. 855.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3204 - Order; mileage and expenses; order effective, when; conditions.

29-3204.
Order; mileage and expenses; order effective, when; conditions.
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his or her testimony, proper safeguards on his or her custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. Mileage and expenses shall be allowed as provided in sections 81-1174 to 81-1177 for state employees. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Source
Laws 1969, c. 229, § 4, p. 855;
Laws 1981, LB 204, § 45.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3205 - Sections; exceptions.

29-3205.
Sections; exceptions.
Sections 29-3201 to 29-3210 do not apply to any person in this state confined as mentally ill or under sentence of death.
Source
Laws 1969, c. 229, § 5, p. 855;
Laws 1986, LB 1177, § 11;
Laws 2015, LB268, § 25;
Referendum 2016, No. 426.
Note:
The changes made to section 29-3205 by Laws 2015, LB 268, section 25, have been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3206 - Prisoner from another state summoned to testify in this state; procedure.

29-3206.
Prisoner from another state summoned to testify in this state; procedure.
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the Attorney General of the state in which the prisoner is confined.
Source
Laws 1969, c. 229, § 6, p. 855.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3208 - Exemptions from arrest and personal service.

29-3208.
Exemptions from arrest and personal service.
If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.
Source
Laws 1969, c. 229, § 8, p. 856.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3209 - Sections, how construed.

29-3209.
Sections, how construed.
Sections 29-3201 to 29-3210 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1969, c. 229, § 9, p. 856.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3210 - Act, how cited.

29-3210.
Act, how cited.
Sections 29-3201 to 29-3210 may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
Source
Laws 1969, c. 229, § 10, p. 856.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3301 - Terms, defined.

29-3301.
Terms, defined.
As used in sections 29-3301 to 29-3307, the terms identifying physical characteristics or identification procedures shall include but not be limited to fingerprints, palm prints, footprints, measurements, handwriting exemplars, lineups, hand printing, voice samples, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance, and photographs of an individual.
Source
Laws 1971, LB 568, § 1.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Sections 29-3301 to 29-3307 do not violate privilege against self-incrimination, are constitutional, and apply to physical evidence, not to oral communications or testimony. State v. Swayze, 197 Neb. 149, 247 N.W.2d 440 (1976).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3302 - Orders authorizing identification procedures; who may issue.

29-3302.
Orders authorizing identification procedures; who may issue.
Judges and magistrates may issue orders authorizing identification procedures for the purpose of obtaining identifying physical characteristics in accordance with the procedures specified in sections 29-3301 to 29-3307. An order may be issued by any judge of the district court, Court of Appeals, or Supreme Court for service and execution anywhere within the State of Nebraska. An order may also be issued by any judge of the county court or other magistrate for service within the county of issuance.
Source
Laws 1971, LB 568, § 2;
Laws 1982, LB 928, § 26;
Laws 1984, LB 13, § 73;
Laws 1991, LB 732, § 88;
Laws 1992, LB 1059, § 27.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Sections 29-3301 to 29-3307 do not violate privilege against self-incrimination, are constitutional, and apply to physical evidence, not to oral communications or testimony. State v. Swayze, 197 Neb. 149, 247 N.W.2d 440 (1976).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3303 - Order; issuance; requirements.

29-3303.
Order; issuance; requirements.
The order may issue upon a showing by affidavit of a peace officer that (1) there is probable cause to believe that an offense has been committed; (2) there is probable cause to believe that the person subject to the order has committed the offense; (3) procurement of evidence of identifying physical characteristics through nontestimonial identification procedures from an identified or particularly described individual may contribute to the identification of the individual who committed such offense; and (4) the identified or described individual has refused, or there is reason to believe he or she will refuse, to voluntarily provide the desired evidence of identifying physical characteristics. The contents of the affidavit may be supplemented or augmented by the affidavits of other persons or by sworn testimony given to the issuing judge or magistrate.
Source
Laws 1971, LB 568, § 3;
Laws 2005, LB 361, § 31.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
The provisions of this section require a showing that there is both probable cause to believe that a crime has been committed and probable cause to believe the person being compelled to submit to nontestimonial identification procedures committed that crime. State v. Evans, 215 Neb. 433, 338 N.W.2d 788 (1983).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3304 - Order; when not required.

29-3304.
Order; when not required.
No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of identifying physical characteristics, and no order shall be required in the course of trials or other judicial proceedings.
Source
Laws 1971, LB 568, § 4.
Annotations
Under this section, law enforcement personnel must have probable cause to believe that the person whose DNA is sought committed the crime for which the DNA is sought. State v. McKinney, 273 Neb. 346, 730 N.W.2d 74 (2007).
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3305 - Order; contents.

29-3305.
Order; contents.
Any order issued under sections 29-3301 to 29-3307 shall specify (1) the character of the alleged criminal offense which is the subject of the application; (2) the specific type or types of identifying physical characteristic evidence which are sought; (3) the identity or description of the individual who may be detained for obtaining such evidence; (4) the name and official status of the peace officer or officers authorized to obtain such evidence and to effectuate any detention which may be necessary to obtain the evidence; (5) the place at which the obtaining of such evidence may be carried out; (6) that the person will be under no legal obligation to submit to any interrogation or to make any statement during the period of his appearance except that required for voice identification; (7) that the individual shall forthwith accompany the officer serving the order for the purpose of carrying out its objectives, or, in the alternative, fixing a time at which the individual shall appear for the purpose of carrying out the objectives of the order; (8) that the person, if he fails to accompany the officer, or to appear at the time fixed, as may be provided, or to otherwise comply with the provisions of the order, shall be guilty of contempt of court and punished accordingly; (9) the period of time during which the named or described individual may be detained for obtaining such evidence, which in no event shall exceed five hours; (10) the period of time, not exceeding fifteen days, during which the order shall continue in force and effect; and (11) any other conditions which the issuing judge or magistrate finds to be necessary to properly protect the rights of the individual who is to supply such evidence.
Source
Laws 1971, LB 568, § 5.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3306 - Order; service; return.

29-3306.
Order; service; return.
A copy of the order shall be given to the individual at the time it is served on him. No more than thirty days after the identification procedures have been carried out, a return of the order shall be made to the issuing court setting forth the type of evidence taken. Where the order is not executed, a return so indicating shall be filed within thirty days of its issuance.
Source
Laws 1971, LB 568, § 6.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3307 - Contempt; penalty.

29-3307.
Contempt; penalty.
The penalty for contempt of court, as provided in sections 29-3301 to 29-3307, shall not exceed thirty days' imprisonment in the county jail.
Source
Laws 1971, LB 568, § 7.
Annotations
The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Sections 29-3301 to 29-3307 do not violate privilege against self-incrimination, are constitutional, and apply to physical evidence, not to oral communications or testimony. State v. Swayze, 197 Neb. 149, 247 N.W.2d 440 (1976).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3402 - Department of Correctional Services; powers.

29-3402.
Department of Correctional Services; powers.
The Department of Correctional Services is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.
Source
Laws 1974, LB 697, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3501 - Act, how cited.

29-3501.
Act, how cited.
Sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 shall be known and may be cited as the Security, Privacy, and Dissemination of Criminal History Information Act.
Source
Laws 1978, LB 713, § 1.