reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1658 - Alteration of dam; owner; filing requirements; approval to operate; issuance.

46-1658.
Alteration of dam; owner; filing requirements; approval to operate; issuance.
(1) Upon completion of the alteration of any dam, the owner shall file with the department a completion certification accompanied by supplementary drawings or descriptive matter, as determined by the department, signed and sealed by the design engineer, showing or describing the work as actually completed.
(2) An approval to operate shall be issued upon a finding by the department that the dam is safe to impound within the limitations prescribed in the application approval. Pending issuance of a new or revised approval to operate, the owner of the dam shall not cause the dam to impound beyond the limitations prescribed in the existing application approval.
Source
Laws 2005, LB 335, § 58.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1659 - Removal, breach, or abandonment of dam; design engineer; duties; department; powers.

46-1659.
Removal, breach, or abandonment of dam; design engineer; duties; department; powers.
(1) Upon completion of the removal, breach, or abandonment of a dam, the design engineer shall file with the department a completion certification.
(2) Before final approval of the removal of a dam is issued, the department may inspect the site of the work and determine that all work was accomplished in substantial conformance with the application approval.
(3) Following the removal of a dam, the department may report such removal to the National Performance of Dams Program and to the National Inventory of Dams.
Source
Laws 2005, LB 335, § 59.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1660 - Approval to operate; department; powers; hearing; notice.

46-1660.
Approval to operate; department; powers; hearing; notice.
(1) Each approval to operate issued by the department under the Safety of Dams and Reservoirs Act shall contain such terms and conditions as the department may prescribe.
(2) The department shall revoke, suspend, or amend any approval to operate whenever it determines that the dam constitutes a danger to life and property.
(3) Before any approval to operate is revoked by the department, the department shall hold a public hearing. Written notice of the time and place of the hearing shall be mailed to the owner at least thirty days before the date set for the hearing. Any interested persons may appear at the hearing and present their views and objections to the proposed action.
Source
Laws 2005, LB 335, § 60.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1661 - Complaint; department; duties; unsafe condition; modification.

46-1661.
Complaint; department; duties; unsafe condition; modification.
(1) Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the department shall cause an inspection and investigation to be made unless the data, records, and inspection reports on file are found adequate to make a determination whether the complaint is valid. The complainant shall be provided with a copy of the official report of the inspection and investigation.
(2) If it is found that an unsafe condition exists, the department shall notify the owner of the dam to take such action as is necessary to correct the condition, including breaching or removal of any dam found to be beyond repair.
Source
Laws 2005, LB 335, § 61.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1662 - Periodic inspections; when; department; powers and duties.

46-1662.
Periodic inspections; when; department; powers and duties.
(1) During the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the department may make periodic inspections for the purpose of ascertaining compliance with the approved plans and specifications. The department shall require the owner to direct the design engineer to provide adequate supervision during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment and to provide sufficient information to enable the department to determine that conformity with the approved plans and specifications is being attained.
(2) If, after any inspection or investigation, during the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of a dam or at any time prior to issuance of an approval to operate, it is found by the department that modifications or changes are necessary to ensure the safety of the dam, the department shall order the owner to revise his or her plans and specifications. The owner may, pursuant to section 46-1645, request an independent consulting board to review the order of the department.
(3) If at any time during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the department finds that the work is not being done in accordance with the approved plans and specifications, the department shall deliver a written notice of noncompliance to the owner. The notice shall be delivered by registered mail or by personal service to the owner, shall state the particulars in which the approved plans and specifications are not being or have not been complied with, and shall order immediate compliance with the approved plans and specifications. The department may order that no further work be done until such compliance has been effected and approved by the department.
(4) Failure to comply with the notice delivered under subsection (3) of this section may cause revocation of application approval by the department. If compliance with the notice has not occurred within sixty days after the date of the notice, the department shall order the incomplete structure removed sufficiently to eliminate any safety hazard to life.
Source
Laws 2005, LB 335, § 62.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1663 - Record-keeping requirements; maintenance, operation, and inspection; department; powers.

46-1663.
Record-keeping requirements; maintenance, operation, and inspection; department; powers.
(1) The department shall require owners to keep original records and any modifications to construction available and in good order.
(2) The department may:
(a) Adopt such rules and regulations and issue such orders as necessary to secure adequate maintenance, operation, and inspection by owners;
(b) Require engineering and geologic investigations to safeguard life and property;
(c) Accept approvals and reports of equivalent inspections prepared for dams under a federal dam safety program; and
(d) Enter into cooperative agreements with the owners of dams which are required to comply with a federal dam safety program that has objectives, standards, and requirements that meet or exceed the purposes of the Safety of Dams and Reservoirs Act.
Source
Laws 2005, LB 335, § 63.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1664 - Safety inspections; when; department; powers and duties.

46-1664.
Safety inspections; when; department; powers and duties.
(1) The department shall inspect dams for the purpose of determining their safety. The normal inspection frequency shall be annually for high hazard potential dams, biennially for significant hazard potential dams, and every five years for low hazard potential dams and every five years or more for minimal hazard potential dams. The department may vary the inspection frequency of some sites based on an evaluation of the site performance history. The department may conduct additional inspections at any time. If serious safety concerns are found by the department during the inspections, the department shall require the owner to conduct tests and investigations sufficient for the department to determine the condition of the dam. After review of the tests or investigations, the department may require modification, removal, or breach of the dam or alteration of operating procedures to restore or improve the safety of the dam and may require installation of instrumentation to monitor the performance of the dam.
(2) The department may report the results of dam inspections that determine unsafe conditions or noncompliance to the National Performance of Dams Program.
Source
Laws 2005, LB 335, § 64.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1665 - Emergency actions involving a dam; owner; duties; department; duties.

46-1665.
Emergency actions involving a dam; owner; duties; department; duties.
(1) The owner of a dam has the primary responsibility for determining when an emergency exists. When the owner of a dam determines that an emergency exists involving a dam, the owner shall immediately implement the emergency action plan as required pursuant to section 46-1647. The owner shall immediately notify any persons who may be endangered if the dam should fail, notify emergency management organizations in the area, take necessary remedial action to prevent or mitigate the consequences of failure, and notify the department. The department shall take any remedial action necessary to protect life and property if, in its judgment, either:
(a) The condition of any dam is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation; or
(b) Passing or imminent floods or any other condition threatens the safety of any dam.
(2) In applying the remedial means provided for in this section, the department may in an emergency, with its own forces or by other means at its disposal, do any or all of the following:
(a) Take full charge and control of any dam;
(b) Lower the water level by releasing water from the reservoir;
(c) Completely drain the reservoir;
(d) Perform any necessary remedial or protective work at the site; or
(e) Take such other steps as may be essential to safeguard life and property.
(3) The department shall continue in full charge and control of such dam and its appurtenant works until they are rendered safe or the emergency occasioning the action has ceased and the owner is able to take back full charge and control. The department's taking full charge and control under this section does not relieve the owner of such dam of liability for any negligent acts of such owner.
(4) The department may report emergency actions involving the safety of a dam to the National Performance of Dams Program in a timely manner.
Source
Laws 2005, LB 335, § 65.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1666 - Violations; penalties.

46-1666.
Violations; penalties.
(1) Violation of the Safety of Dams and Reservoirs Act or of any application approval, approval to operate, order, rule, regulation, or requirement of the department under the act is a Class V misdemeanor. Each day that the violation continues constitutes a separate and distinct offense.
(2) Any person who willfully obstructs, hinders, or prevents the department from performing the duties imposed by the act commits a Class IV misdemeanor.
(3) Any owner or any person who engages in the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam or who knowingly does work on or permits work to be done on the dam without the approval of the department or in violation of the act and who fails to immediately notify the department thereof commits a Class V misdemeanor.
Source
Laws 2005, LB 335, § 66.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1667 - Notice of violation; orders; procedure.

46-1667.
Notice of violation; orders; procedure.
(1) If the department has reason to believe that an owner or other person is violating or has violated the Safety of Dams and Reservoirs Act, an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the department issued or adopted pursuant to the act, the department shall give the owner or person written notice by certified mail that the owner or person appears to be in violation of the act. The owner or other person shall have thirty days from the mailing of such notice to respond or to request a hearing before the department as to why the owner or other person should not be ordered to cease and desist from the violation. The notice shall inform the owner or other person how to request the hearing and the consequences of failure to request a hearing.
(2) If the department finds that an owner or person is constructing, reconstructing, enlarging, altering, breaching, removing, or abandoning a dam without having first obtained the required application approval, the department shall issue a temporary order for the owner or person to cease and desist the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment pending final action by the department pursuant to subsection (3) of this section. The temporary order shall include written notice by certified mail to the owner or person of the time and date set by the department for a hearing to show cause why the temporary order should be vacated.
(3) After a response to a notice or a hearing pursuant to subsection (1) or (2) of this section or after the expiration of time to request a hearing, the department shall issue a decision and final order. The decision and final order may take such form as the department determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty, and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The owner or person affected may appeal the hearing decision as provided in section 61-207.
(4) If the owner or person continues the violation after the department has issued a final decision and order pursuant to subsection (3) of this section or a temporary order pursuant to subsection (2) of this section, the department may apply for a temporary restraining order or preliminary or permanent injunction from a court of competent jurisdiction. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
Source
Laws 2005, LB 335, § 67.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1668 - Violations; civil penalty.

46-1668.
Violations; civil penalty.
(1) Any person who violates the Safety of Dams and Reservoirs Act or an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the department under the act may be assessed a civil penalty in an amount not to exceed five hundred dollars per day for each day the violation continues.
(2) The department shall bring an action to recover a penalty imposed under this section in a court in the jurisdiction in which the violation occurred.
(3) In determining the amount of the penalty, the court shall consider the degree of harm to the public, whether the violation was knowing or willful, the past conduct of the defendant, whether the defendant has taken steps to cease, remove, or mitigate the violation, and any other relevant information.
Source
Laws 2005, LB 335, § 68.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1669 - Appeal.

46-1669.
Appeal.
Any affected person aggrieved by any final order or decision made by the director pursuant to the Safety of Dams and Reservoirs Act may appeal the order as provided in section 61-207. For purposes of this section, affected person means the applicant or holder of any approvals under the act and any owner of an estate or interest in or concerning land or water whose interest is or may be impacted in a direct and significant manner by such final order or decision.
Source
Laws 2005, LB 335, § 69.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1670 - Existing unapproved dams; requirements.

46-1670.
Existing unapproved dams; requirements.
(1) Every owner of a dam subject to the Safety of Dams and Reservoirs Act that was completed prior to September 4, 2005, and not previously approved by the department when departmental approval was otherwise required shall file an application with the department for approval of such dam.
(2) A separate application for each dam shall be filed with the department upon forms supplied by the department and shall include such appropriate information concerning the dam as the department requires.
(3) The department may give notice, by certified mail to the owner's last address of record in the office of the county assessor of the county in which the dam is located, to the owner of dams required under this section to file an application who or which have failed to do so, and a failure to file within sixty days after receipt of such notice shall be punishable as provided in the act.
(4) The department may make inspections of such dams and may require owners of such dams and reservoirs to perform, at the owner's expense, such work or tests as may reasonably be required to disclose information sufficient to enable the department to determine whether to issue an approval to operate or to issue orders directing further work at the owner's expense necessary to safeguard life and property. For this purpose, the department may require an owner to lower the water level of or to drain the reservoir.
(5) If, upon inspection or upon completion to the satisfaction of the department of all work ordered, the department finds that the dam is safe to impound, an approval to operate shall be issued.
(6) If at any time the department finds that the dam is not safe to impound, the department shall notify the owner in writing and shall set a time and place for hearing on the matter. The owner of such dam shall ensure that such dam does not impound following receipt of such notice. Written notice of the time and place of the hearing shall be mailed, at least thirty days prior to the date set for the hearing, to the owner. Any interested person may appear at the hearing and present his or her views and objections to the proposed action.
Source
Laws 2005, LB 335, § 70.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-101 - County jails; regulation; duties and powers of Jail Standards Board.

47-101.
County jails; regulation; duties and powers of Jail Standards Board.
The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe, in writing, rules for the regulation and government of the jails upon the following subjects: (1) The cleanliness of the jail and prisoners; (2) the classification of prisoners in regard to sex, age, and crime, and also persons with physical or mental disabilities; (3) beds, clothing, and diet; (4) warming, lighting, and ventilation of the jail; (5) the employment of medical and surgical aid when necessary; (6) employment, temperance, and instruction of the prisoners; (7) the supplying of each prisoner with a Bible or other written religious material; (8) the intercourse between prisoners and their counsel and other persons, including access to telephones or videoconferencing as required in section 47-101.01; (9) the discipline of prisoners for violation of the rules of the jail; and (10) such other matters as the board may deem necessary to promote the welfare of the prisoners.
Source
R.S.1866, c. 29, § 1, p. 242;
R.S.1913, § 3529;
C.S.1922, § 2996;
C.S.1929, § 47-101;
R.S.1943, § 47-101;
Laws 1986, LB 1177, § 24;
Laws 1996, LB 233, § 2;
Laws 2018, LB776, § 1.
Annotations
Rules governing prisoner conduct, rights, and privileges must be posted in available places in each jail and made available to incoming pretrial detainees. Moore v. Janing, 427 F.Supp. 567 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-101.01 - Telephone services for inmates; use of funds.

47-101.01.
Telephone services for inmates; use of funds.
(1) Each county jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of this section.
(2) Under a prepaid system, funds may be deposited into an inmate account in order to pay for telephone calls. The provider of the inmate telephone services, as an additional means of payment, shall permit the recipient of inmate collect telephone calls to establish an account with that provider in order to deposit funds for advance payment of those collect telephone calls. The provider of the inmate telephone services shall also allow inmates to communicate on the telephone, or by videoconferencing, with an attorney or attorneys without charge and without monitoring or recording by the county jail or law enforcement.
(3) A county operating a county jail may receive revenue for the reasonable operating costs for establishing and administering such telephone services system or videoconferencing system, but shall not receive excessive commissions or bonus payments. In determining the amount of such reasonable operating costs, the Jail Standards Board may consider for comparative purposes the rates for inmate calling services provided in 47 C.F.R. part 64. Amounts in excess of the reasonable operating costs include, but are not limited to, any excessive commissions and bonus payments, as determined by the Jail Standards Board, including, but not limited to, awards paid to a county for contracting with an entity that provides such service.
(4) Nothing in this section shall require a county jail to provide or administer a prepaid telephone call system.
(5) For the purposes of this section, collect telephone call system means a system pursuant to which recipients are billed for the cost of an accepted telephone call initiated by an inmate.
Source
Laws 2018, LB776, § 2.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-101.02 - Inmate communications; Jail Standards Board; duties.

47-101.02.
Inmate communications; Jail Standards Board; duties.
The Jail Standards Board shall ensure that county jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.
Source
Laws 2018, LB776, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-102 - Rules; copies; distribution; filing.

47-102.
Rules; copies; distribution; filing.
The Jail Standards Board shall, as soon as may be, cause a copy of the rules to be delivered to the county boards. It shall be the duty of each county board forthwith to cause the same to be printed, to furnish the sheriff of its county or such other person as may be charged with the administrative direction of the jail with a copy of the rules for every room or cell of the jail, and to forward a copy of the rules by mail to the Auditor of Public Accounts, who shall carefully file away and preserve the same.
Source
R.S.1866, c. 29, § 2, p. 243;
R.S.1913, § 3530;
C.S.1922, § 2997;
C.S.1929, § 47-102;
R.S.1943, § 47-102;
Laws 1984, LB 394, § 10;
Laws 1996, LB 233, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-103 - Rules; copies; posting in jails.

47-103.
Rules; copies; posting in jails.
The sheriff or such other person as may be charged with the administrative direction of the jail shall, immediately on the receipt of the rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of the jail.
Source
R.S.1866, c. 29, § 3, p. 243;
R.S.1913, § 3531;
C.S.1922, § 2998;
C.S.1929, § 47-103;
R.S.1943, § 47-103;
Laws 1984, LB 394, § 11.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-104 - Rules; revision; copies; distribution; filing.

47-104.
Rules; revision; copies; distribution; filing.
The Jail Standards Board may, as it may deem necessary, amend the rules, and such amended rules shall be printed and disposed of by the county board and the sheriff or such other person as may be charged with the administrative direction of the jail in the same manner as is directed by sections 47-102 and 47-103.
Source
R.S.1866, c. 29, § 4, p. 243;
R.S.1913, § 3532;
C.S.1922, § 2999;
C.S.1929, § 47-104;
R.S.1943, § 47-104;
Laws 1984, LB 394, § 12;
Laws 1996, LB 233, § 4.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-105 - Rules; enforcement; sheriff; powers and duties.

47-105.
Rules; enforcement; sheriff; powers and duties.
The sheriff, or, in case of his or her death, removal, or disability, the person by law appointed to such office, shall have charge of the county jail of his or her proper county, and of all persons by law confined therein, and such sheriff or other person as may be charged with the administration of the jail shall conform to the rules and directions of the Jail Standards Board which may be made and communicated to him or her by the county board.
Source
R.S.1866, c. 29, § 5, p. 244;
R.S.1913, § 3533;
C.S.1922, § 3000;
C.S.1929, § 47-105;
R.S.1943, § 47-105;
Laws 1996, LB 233, § 5.
Annotations
Sheriff has charge of county jail and is the custodian thereof. Flint v. Mitchell, 148 Neb. 244, 26 N.W.2d 816 (1947).
Where judgment in criminal action requires imprisonment of defendant until fine is paid, issuance of execution to collect fine is not a prerequisite to such imprisonment. State ex rel. Marasco v. Mundell, 127 Neb. 673, 256 N.W. 519 (1934).
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-105.01 - Rules; conformance by sheriff or jail administrator.

47-105.01.
Rules; conformance by sheriff or jail administrator.
The sheriff or such other person as may be charged with the administration of the jail shall conform to the rules and directions as prescribed by the Jail Standards Board pursuant to sections 47-101 and 47-104 which may be made and communicated to him or her by the county board.
Source
Laws 1984, LB 394, § 13;
Laws 1996, LB 233, § 6.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-106 - Jail register; required entries.

47-106.
Jail register; required entries.
The sheriff or such other person as may be charged with the administrative direction of the jail shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which he or she shall enter (1) the name of each prisoner, with the date and cause of his or her commitment, (2) the date or manner of his or her discharge, (3) what sickness, if any, has prevailed in the jail during the year and if known, what were the causes of such disease, (4) whether any or what labor has been performed by the prisoners, and the value thereof, (5) the habits of the prisoners as to personal cleanliness, diet, and order, (6) the operations of the rules and directions prescribed by the Jail Standards Board, (7) the means furnished prisoners of literary, moral, and religious instruction, and of labor, and (8) all other matters required by the rules, or in the discretion of such person deemed proper. The sheriff or such other person as may be charged with the administrative direction of the jail shall carefully keep and preserve the jail register in his or her office and at the expiration of his or her office shall deliver the same to the successor in office.
Source
R.S.1866, c. 29, § 6, p. 244;
R.S.1913, § 3534;
C.S.1922, § 3001;
C.S.1929, § 47-106;
R.S.1943, § 47-106;
Laws 1975, LB 417, § 34;
Laws 1984, LB 394, § 14;
Laws 1996, LB 233, § 7.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-107 - Jail reports; filing.

47-107.
Jail reports; filing.
The sheriff or such other person as may be charged with the administrative direction of the jail shall, on or before November 1 in each year, make out in writing from the jail register a jail report, one copy of which report he or she shall forthwith file in the office of the clerk of the district court of the proper district and one copy with the county clerk of the county, for the use of the county board thereof.
Source
R.S.1866, c. 29, § 7, p. 244;
R.S.1913, § 3535;
C.S.1922, § 3002;
C.S.1929, § 47-107;
R.S.1943, § 47-107;
Laws 1961, c. 231, § 1, p. 686;
Laws 1984, LB 394, § 15.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-108 - Grand jury; instructions with respect to jails and discipline; duty of district court.

47-108.
Grand jury; instructions with respect to jails and discipline; duty of district court.
It shall be the duty of the district court in its charge to the grand jury to inform the jury of the provisions of sections 47-101 to 47-116 and all rules, plans, or regulations established by the Jail Standards Board relating to county jails and prison discipline.
Source
R.S.1866, c. 29, § 8, p. 245;
R.S.1913, § 3536;
C.S.1922, § 3003;
C.S.1929, § 47-108;
R.S.1943, § 47-108;
Laws 1996, LB 233, § 8;
Laws 2018, LB776, § 4.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-109 - Jails; inspection; duty of grand juries and county boards; reports.

47-109.
Jails; inspection; duty of grand juries and county boards; reports.
The grand jury of each county in this state may, while in attendance, visit the jail, examine its state and condition, and examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations. If the grand jury visits a jail, it shall be its duty to report to the court in writing, whether the rules of the Jail Standards Board have been faithfully kept and observed, or whether any of the provisions of sections 47-101 to 47-116, have been violated, pointing out particularly in what the violation, if any, consists. It shall also be the duty of the county board of each county of this state to visit the jail of its county once during each of its sessions in January, April, July, and October of each year.
Source
R.S.1866, c. 29, § 9, p. 245;
R.S.1913, § 3537;
C.S.1922, § 3004;
C.S.1929, § 47-109;
R.S.1943, § 47-109;
Laws 1961, c. 232, § 1, p. 687;
Laws 1996, LB 233, § 9;
Laws 2018, LB776, § 5.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-110 - Jails; equipment; appointment of physician; duties of county board; physician's report.

47-110.
Jails; equipment; appointment of physician; duties of county board; physician's report.
It shall be the duty of the county board at the expense of the respective counties to provide suitable means for warming the jail and its cells or apartments and provide frames and mattresses for beds and such other permanent fixtures and repairs as may be prescribed by the Jail Standards Board. The county board shall have power to appoint a physician to the jail when it deems it necessary and shall pay to such physician an annual or other salary as it may think reasonable and proper, which salary shall be drawn out of the county treasury. Such medical officer, or any physician or surgeon who is employed in the jail, shall make a report in writing whenever required by the county board, Jail Standards Board, or grand jury.
Source
R.S.1866, c. 29, § 10, p. 245;
Laws 1903, c. 55, § 1, p. 346;
R.S.1913, § 3538;
Laws 1919, c. 113, § 1, p. 276;
C.S.1922, § 3005;
C.S.1929, § 47-110;
R.S.1943, § 47-110;
Laws 1975, LB 417, § 35;
Laws 1996, LB 233, § 10.
Annotations
Authority of county board to purchase electric refrigerator to be installed in county jail was upheld. Beadle v. Harmon, 130 Neb. 389, 265 N.W. 18 (1936).
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-111 - Female prisoners; matron, deputy, or correctional officer; appointment; salary; oath; reports.

47-111.
Female prisoners; matron, deputy, or correctional officer; appointment; salary; oath; reports.
In every county jail where there is a female prisoner, twenty-four-hour supervision shall be provided by a matron appointed by the county board, whose duty it shall be to have entire charge of the female prisoners, and the board may also in its discretion appoint such matron when there is a sick prisoner or one that is a minor under the age of sixteen. Such matrons shall be under the direction of the sheriff or such other person as may be charged with the administrative direction of the jail, shall take the necessary oath before entering upon the duties of the office, and shall be paid by the board from the county treasury only for the time actually engaged;
Provided,
that in counties having a population in excess of two hundred thousand inhabitants, a deputy or correctional officer shall be hired by the person whose duty it shall be to have charge of the female prisoners and perform those functions required of a deputy related to such duty, at a salary of not less than five hundred dollars per month, which salary shall be drawn out of the county treasury. Such matron, deputy, or correctional officer shall, when required, report to the board or district judges.
Source
Laws 1903, c. 55, § 1, p. 346;
R.S.1913, § 3538;
Laws 1919, c. 113, § 1, p. 277;
C.S.1922, § 3005;
C.S.1929, § 47-110;
R.S.1943, § 47-111;
Laws 1947, c. 62, § 15, p. 207;
Laws 1947, c. 76, § 3, p. 240;
Laws 1951, c. 53, § 4, p. 182;
Laws 1975, LB 417, § 36;
Laws 1984, LB 394, § 16.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-112 - Jail conductor; appointment; salary.

47-112.
Jail conductor; appointment; salary.
In counties having a population in excess of two hundred thousand inhabitants where the jail is situated above the ground floor and requires an operator for an elevator to transfer the prisoners to and from said jail, there shall be a jail conductor to operate said elevator, to be appointed by the sheriff or such other person as may be charged with the administrative direction of the jail, who shall be paid such salary as the county board may think reasonable and proper by warrant drawn on the general fund.
Source
R.S.1866, c. 29, § 10, p. 245;
Laws 1903, c. 55, § 1, p. 346;
R.S.1913, § 3538;
Laws 1919, c. 113, § 1, p. 277;
C.S.1922, § 3005;
C.S.1929, § 47-110;
R.S.1943, § 47-112;
Laws 1947, c. 62, § 16, p. 208;
Laws 1984, LB 394, § 17.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-114 - Jails; administrative visitation.

47-114.
Jails; administrative visitation.
The sheriff or such other person as may be charged with the administrative direction of the jail shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court.
Source
R.S.1866, c. 29, § 12, p. 246;
R.S.1913, § 3540;
C.S.1922, § 3007;
C.S.1929, § 47-112;
R.S.1943, § 47-114;
Laws 1984, LB 394, § 18.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-115 - Jailer; appointment; oath; liability of sheriff.

47-115.
Jailer; appointment; oath; liability of sheriff.
The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his or her office;
Provided,
the sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.
Source
R.S.1866, c. 29, § 13, p. 246;
R.S.1913, § 3541;
C.S.1922, § 3008;
C.S.1929, § 47-113;
R.S.1943, § 47-115;
Laws 1984, LB 394, § 19.
Annotations
Deputy appointed by sheriff to act as jailer is public officer, and contract by him and county board, by which he agrees to perform duties for different compensation than fixed by law, is void as against public policy. Scott v. Scotts Bluff County, 106 Neb. 355, 183 N.W. 573 (1921).
It is optional with the sheriff as to whether he will discharge the duties of jailer himself, or place the burden upon a deputy. Afflerbach v. York County, 95 Neb. 611, 146 N.W. 1050 (1914).
Sheriff who performs no duties as jailer, but appoints another who performs same and receives compensation from county, is not entitled to fees as jailer. McFadden v. Cedar County, 95 Neb. 318, 145 N.W. 639 (1914).
Sheriff may act as jailer, or appoint deputy. If sheriff acts, he receives fees for services as jailer, and, if deputy acts, deputy receives the fees. Dunkel v. Hall County, 89 Neb. 585, 131 N.W. 973 (1911).
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-116 - Jails; sheriff or jailer; neglect of duty; penalty.

47-116.
Jails; sheriff or jailer; neglect of duty; penalty.
If the sheriff or jailer, having charge of any county jail, shall neglect or refuse to conform to all or any of the rules and regulations established by the Jail Standards Board, or to perform any other duty required of him or her by sections 47-101 to 47-116, he or she shall, upon conviction thereof for each case of such failure or neglect of duty, pay into the county treasury of the proper county for the use of such county a fine of not less than five dollars nor more than one hundred dollars, to be assessed by the district court of the proper district.
Source
R.S.1866, c. 29, § 14, p. 246;
R.S.1913, § 3542;
C.S.1922, § 3009;
C.S.1929, § 47-114;
R.S.1943, § 47-116;
Laws 1996, LB 233, § 11;
Laws 2018, LB776, § 6.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-117 - Jail, defined.

47-117.
Jail, defined.
For the purposes of Chapter 47, article 1, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate residence, facility, center, or institution designated as a jail facility by the county.
Source
Laws 1979, LB 315, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-120 - Care of prisoners; county board or county board of corrections; sheriff; duties; payment.

47-120.
Care of prisoners; county board or county board of corrections; sheriff; duties; payment.
The county board or county board of corrections serving pursuant to Chapter 23, article 28, shall provide proper quarters and adequate equipment for the preparation and serving of all meals furnished to all prisoners confined in the county jail. The county sheriff or the county board of corrections shall have full charge and control of such services and the county board shall provide for all washing, fuel, lights, and clothing for prisoners, subject to the right of the county to be paid by the city or federal government for city or federal prisoners at actual cost to the county. Supplies of every nature entering into the furnishing of meals, washing, fuel, lights, and clothing to the prisoners confined in the county jail shall be purchased and provided under the direction of the county sheriff or the county board of corrections. Payment for all purchases shall only be made by the county board on the original invoices submitted by the sheriff or the county board of corrections of goods, supplies, and services, setting forth (1) that the invoice correctly describes the goods as to quality and quantity, (2) that the same have been received and are in the custody of the affiant, (3) that they have been or will be devoted exclusively to the purposes authorized in this section, and (4) that the price charged is reasonable and just. Nothing in this section shall be construed to restrict the sheriff or the county board of corrections in employing necessary personnel and from otherwise carrying out the duties required in the operation of the jail.
Source
Laws 1980, LB 628, § 5;
Laws 1984, LB 394, § 20;
Laws 1989, LB 4, § 6;
Laws 1998, LB 695, § 3;
Laws 2009, LB218, § 2.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-122 - Community work force program; established; activities authorized.

47-122.
Community work force program; established; activities authorized.
Every county board or, in counties which have established such, the county board of corrections may establish a community work force program in which prisoners in the county jails may work on community service projects within that county. As used in sections 47-122 to 47-124, community service project shall mean work for a city or county, or any agency, department, or subdivision thereof, except that such projects shall not include projects which other government employees regularly perform or projects which the county or city regularly contracts with private industry to perform. The board is encouraged to include established volunteer activities which benefit the general public as acceptable projects. Work by a prisoner on a community service project shall not confer a private benefit on any person except as may be incidental to the public benefit.
Source
Laws 1983, LB 180, § 1.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-123 - Community service projects; inmate participation; good time; effect.

47-123.
Community service projects; inmate participation; good time; effect.
Inmate participation in community service projects shall be voluntary and no extra good-time credit shall be given to inmates who participate in a community service project. In no event shall an inmate's decision to participate or not participate in a community service project have any bearing on the granting of good-time credit.
Source
Laws 1983, LB 180, § 2.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-124 - Community work force program; administration; rules and regulations.

47-124.
Community work force program; administration; rules and regulations.
(1) In counties which have a county board of corrections, that board shall administer the community work force program and shall adopt and promulgate rules and regulations for such administration. In all other counties, the sheriff shall administer the program and adopt and promulgate the rules and regulations therefor. In counties in which the sheriff administers the program, the sheriff shall submit for approval the proposed rules and regulations to the district court and the county court for such county.
(2) Such rules and regulations shall address, but shall not be limited to, the factors to be considered in assigning an inmate to a community service project. Included among these factors shall be (a) the physical and mental abilities of the inmate, (b) the benefit to the public of having the inmate work on the community service project, (c) the security of the jail, (d) the safety of the general public, (e) the number and type of supervisory personnel necessary, and (f) the likelihood of an attempted escape. No inmate shall be asked to perform unreasonably hazardous work that would endanger the life or health of the inmate or others.
Source
Laws 1983, LB 180, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-201 - City jails; regulation; duties and powers of Jail Standards Board.

47-201.
City jails; regulation; duties and powers of Jail Standards Board.
The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe written rules for the regulation and government of the municipal jails upon the subjects of (1) the cleanliness of the jail and prisoners, (2) the classification of prisoners in regard to sex, age, crime, and also persons with physical or mental disabilities, (3) beds, clothing, and diet, (4) warming, lighting, and ventilation of the jail, (5) the employment of medical and surgical aid, (6) the employment, temperance, and instruction of the prisoners, (7) the intercourse between prisoners and their attorneys and other persons, including access to telephones or videoconferencing as required by section 47-201.01, (8) the discipline of prisoners, (9) the keeping of records of the jail, and (10) any other matters concerning jails and their government as the board may deem necessary.
Source
Laws 1915, c. 208, § 1, p. 462;
C.S.1922, § 3010;
C.S.1929, § 47-115;
R.S.1943, § 47-201;
Laws 1996, LB 233, § 12;
Laws 2018, LB776, § 7.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-201.01 - Telephone services for inmates; use of funds.

47-201.01.
Telephone services for inmates; use of funds.
(1) Each city jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of this section.
(2) Under a prepaid system, funds may be deposited into an inmate account in order to pay for telephone calls. The provider of the inmate telephone services, as an additional means of payment, shall permit the recipient of inmate collect telephone calls to establish an account with that provider in order to deposit funds for advance payment of those collect telephone calls. The provider of the inmate telephone services shall also allow inmates to communicate on the telephone, or by videoconferencing, with an attorney or attorneys without charge and without monitoring or recording by the city jail or law enforcement.
(3) A city operating a city jail may receive revenue for the reasonable operating costs for establishing and administering such telephone services system or videoconferencing system, but shall not receive excessive commissions or bonus payments. In determining the amount of such reasonable operating costs, the Jail Standards Board may consider for comparative purposes the rates for inmate calling services provided in 47 C.F.R. part 64. Amounts in excess of the reasonable operating costs include, but are not limited to, any excessive commissions and bonus payments, as determined by the Jail Standards Board, including, but not limited to, awards paid to a city for contracting with an entity that provides such service.
(4) Nothing in this section shall require a city jail to provide or administer a prepaid telephone call system.
(5) For the purposes of this section, collect telephone call system means a system pursuant to which recipients are billed for the cost of an accepted telephone call initiated by an inmate.
Source
Laws 2018, LB776, § 8.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-201.02 - Inmate communications; Jail Standards Board; duties.

47-201.02.
Inmate communications; Jail Standards Board; duties.
The Jail Standards Board shall ensure that city jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.
Source
Laws 2018, LB776, § 9.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-202 - Rules; copies; distribution; posting.

47-202.
Rules; copies; distribution; posting.
The Jail Standards Board shall cause a copy of the rules to be delivered to the mayor or chief officer of the municipalities, and it shall be the duty of such mayor or other chief officer to cause a copy of the same to be furnished to the person in charge of the prison or jail, to file a copy with the clerk of the municipality, and to further cause a copy to be conspicuously posted in the prison or jail.
Source
Laws 1915, c. 208, § 2, p. 462;
C.S.1922, § 3011;
C.S.1929, § 47-116;
R.S.1943, § 47-202;
Laws 1996, LB 233, § 13.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-203 - Rules; amend; copies; distribution; posting.

47-203.
Rules; amend; copies; distribution; posting.
The Jail Standards Board may, as it may deem proper, amend the rules, and such amended rules and their copies shall be disposed of in the same manner as provided in section 47-202.
Source
Laws 1915, c. 208, § 3, p. 463;
C.S.1922, § 3012;
C.S.1929, § 47-117;
R.S.1943, § 47-203;
Laws 1996, LB 233, § 14.