reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-197 - Department of Correctional Services; records to be kept.

83-197.
Department of Correctional Services; records to be kept.
The Board of Parole shall have the power to direct the Director of Correctional Services to keep records concerning committed offenders which the board deems pertinent to its functions.
Source
Laws 1969, c. 817, § 28, p. 3087.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-198 - Prohibited acts; violation; penalty.

83-198.
Prohibited acts; violation; penalty.
A person shall be guilty of a Class IV felony if he or she threatens or attempts to threaten harm to a member or an employee of the Board of Parole with the purpose to influence a decision, an opinion, a recommendation, a vote, or any other exercise of discretion as member or employee of the board or if he or she privately addresses to any member or employee of the board any representation, entreaty, argument, or other communication designed to influence the outcome of any matter which is or may come before the board on the basis of considerations other than those authorized by law.
Source
Laws 1969, c. 817, § 29, p. 3087;
Laws 1977, LB 39, § 310;
Laws 2018, LB841, § 24.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-199 - Board of Parole; provision of law not applicable.

83-199.
Board of Parole; provision of law not applicable.
The provisions of the Administrative Procedure Act shall not apply to the Board of Parole or to the exercise of its functions.
Source
Laws 1969, c. 817, § 30, p. 3088.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,100 - Division of Parole Supervision; created; duties; parole officer compensation.

83-1,100.
Division of Parole Supervision; created; duties; parole officer compensation.
(1) There is hereby created the Division of Parole Supervision within the Board of Parole. The employees of the division shall consist of the Director of Supervision and Services, the field parole service officers, and all other division staff. The division shall be responsible for the following:
(a) The administration of parole services in the community;
(b) The maintenance of all records and files associated with the Board of Parole;
(c) The daily supervision and training of staff members of the division, including training regarding evidence-based practices in supervision pursuant to section 83-1,100.02; and
(d) The assessment, evaluation, and supervision of individuals who are subject to parole supervision, including lifetime community supervision pursuant to section 83-174.03.
(2) Parole officers shall be compensated with salaries substantially equal to other state employees who have similar responsibilities, including employees of the Office of Probation Administration. This subsection shall apply only to field parole service officers and support staff and shall not apply to the Director of Supervision and Services or any other management-level position.
(3) This section does not prohibit the division from maintaining daily records and files associated with the Board of Pardons.
Source
Laws 1969, c. 817, § 31, p. 3088;
Laws 1992, Third Spec. Sess., LB 13, § 4;
Laws 1994, LB 677, § 7;
Laws 2006, LB 1199, § 92;
Laws 2015, LB598, § 28;
Laws 2015, LB605, § 98;
Laws 2018, LB841, § 25.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,100.02 - Person on parole; levels of supervision; Division of Parole Supervision; duties.

83-1,100.02.
Person on parole; levels of supervision; Division of Parole Supervision; duties.
(1) For purposes of this section:
(a) Levels of supervision means the determination of the following for each person on parole:
(i) Supervision contact requirements, including the frequency, location, methods, and nature of contact with the parole officer;
(ii) Substance abuse testing requirements and frequency;
(iii) Contact restrictions;
(iv) Curfew restrictions;
(v) Access to available programs and treatment, with priority given to moderate-risk and high-risk parolees; and
(vi) Severity of graduated responses to violations of supervision conditions;
(b) Responsivity factors means characteristics of a parolee that affect the parolee's ability to respond favorably or unfavorably to any treatment goals; and
(c) Risk and needs assessment means an actuarial tool that has been validated in Nebraska to determine the likelihood of the parolee engaging in future criminal behavior.
(2) The Division of Parole Supervision shall establish an evidence-based process that utilizes a risk and needs assessment to measure criminal risk factors, specific individual needs, and responsivity factors.
(3) The risk and needs assessment shall be performed at the commencement of the parole term and every six months thereafter by division staff trained and certified in the use of the risk and needs assessment.
(4) The validity of the risk and needs assessment shall be tested at least every five years.
(5) Based on the results of the risk and needs assessment, the division shall target parolee criminal risk and need factors by focusing sanction, program, and treatment resources on moderate-risk and high-risk parolees.
(6) The division shall provide training to its parole officers on (a) use of a risk and needs assessment, (b) risk-based supervision strategies, (c) relationship skills, (d) cognitive behavioral interventions, (e) community-based resources, (f) criminal risk factors, (g) targeting criminal risk factors to reduce recidivism, (h) proper use of a matrix of administrative sanctions, custodial sanctions, and rewards developed pursuant to section 83-1,119, and (i) addressing responsivity factors. Each parole officer shall complete the training requirements set forth in this subsection within one year after his or her hire date or September 1, 2024, whichever is later.
(7) The division shall provide training for chief parole officers to become trainers so as to ensure long-term and self-sufficient training capacity in the state.
Source
Laws 2015, LB605, § 99;
Laws 2016, LB1094, § 35;
Laws 2018, LB841, § 26;
Laws 2023, LB50, § 46.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,100.03 - Board of Parole; rules and regulations relating to sentencing and supervision; duties; report.

83-1,100.03.
Board of Parole; rules and regulations relating to sentencing and supervision; duties; report.
(1) The board, in consultation with the department, shall adopt and promulgate rules and regulations to reduce the number of inmates under the custody of the department who serve their entire sentence in a correctional facility and are released without supervision. The rules and regulations shall establish clear guidelines and procedures to ensure that each parolee is subject to a minimum of nine months of supervision and shall place priority on providing supervision lengths that enable meaningful transition periods for all offenders. The rules and regulations shall ensure that each inmate eligible for parole is assessed for risk of reoffending using a validated risk and needs assessment provided by the department and shall incorporate into the release decision an inmate's assessed risk of reoffending, past criminal history, program completion, institutional conduct, and other individual characteristics related to the likelihood of reoffending into parole release decisions.
(2) By February 1, 2016, and by February 1 of each year thereafter, the board and the department shall submit a report to the Legislature, the Supreme Court, and the Governor that describes the percentage of offenders sentenced to the custody of the department who complete their entire sentence and are released with no supervision. The report shall document characteristics of the individuals released without supervision, including the highest felony class of conviction, offense type of conviction, most recent risk assessment, status of the individualized release or reentry plan, and reasons for the release without supervision. The report also shall provide recommendations from the department and board for changes to policy and practice to meet the goal of achieving a reduction in the number of inmates under the custody of the department who serve their entire sentence in a correctional facility and are released without supervision. The report to the Legislature shall be submitted electronically.
Source
Laws 2015, LB605, § 100.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,101 - Director of Supervision and Services; appointment; qualifications.

83-1,101.
Director of Supervision and Services; appointment; qualifications.
The Board of Parole shall appoint a Director of Supervision and Services who shall be a person with appropriate experience and training, including, but not limited to, familiarity with the implementation of evidence-based processes for utilizing risk and needs assessments to measure criminal risk factors and specific individual needs.
Source
Laws 1969, c. 817, § 32, p. 3088;
Laws 1972, LB 1499, § 4;
Laws 2016, LB1094, § 36;
Laws 2018, LB841, § 27.
Annotations
Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,102 - Director of Supervision and Services; duties.

83-1,102.
Director of Supervision and Services; duties.
The Director of Supervision and Services shall:
(1) Supervise and administer the Division of Parole Supervision;
(2) Establish and maintain policies, standards, and procedures for the field parole service and the community supervision of sex offenders pursuant to section 83-174.03;
(3) Divide the state into parole districts and appoint district parole officers and such other employees as may be required to carry out adequate parole supervision of all parolees, prescribe their powers and duties, and obtain division offices for staff in each district as may be necessary;
(4) Cooperate with the Board of Parole, the courts, the Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice, and all other agencies, public and private, which are concerned with the treatment or welfare of persons on parole;
(5) Provide the Board of Parole and district judges with any record of a parolee which the board or such judges may require;
(6) Make recommendations to the Board of Parole or district judge in cases of violation of the conditions of parole, issue warrants for the arrest of parole violators when so instructed by the board or district judge, notify the Director of Correctional Services of determinations made by the board, and upon instruction of the board, issue certificates of parole and of parole revocation to the facilities and certificates of discharge from parole to parolees;
(7) Organize and conduct training programs for the district parole officers and other employees;
(8) Use the funds provided under section 83-1,107.02 to augment operational or personnel costs associated with the development, implementation, and evaluation of enhanced parole-based programs and purchase services to provide such programs aimed at enhancing adult parolee supervision in the community and treatment needs of parolees. Such enhanced parole-based programs include, but are not limited to, specialized units of supervision, related equipment purchases and training, and programs that address a parolee's vocational, educational, mental health, behavioral, or substance abuse treatment needs, including evidence-based peer and family support programs;
(9) Ensure that any risk or needs assessment instrument utilized by the system be periodically validated;
(10) Report annually to the Governor and electronically to the Clerk of the Legislature beginning January 1, 2015, the number of parole revocations and the number of technical violations of parole; and
(11) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 1969, c. 817, § 33, p. 3088;
Laws 1971, LB 680, § 28;
Laws 2003, LB 46, § 19;
Laws 2005, LB 538, § 23;
Laws 2006, LB 1199, § 93;
Laws 2011, LB390, § 25;
Laws 2014, LB907, § 15;
Laws 2018, LB841, § 28.
Cross References
Definitions applicable, see section 29-2246.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,103 - Field parole service; duties.

83-1,103.
Field parole service; duties.
The field parole service, consisting of district parole officers working under the direction of the Director of Supervision and Services or district judge, shall be responsible for the investigation, supervision, and assistance of parolees, probationers, or individuals subject to community supervision under section 83-174.03. The field parole service shall be sufficient in size to assure that no district parole officer carries a case load larger than is compatible with adequate parole investigation or supervision.
Source
Laws 1969, c. 817, § 34, p. 3089;
Laws 1971, LB 680, § 29;
Laws 2006, LB 1199, § 94;
Laws 2018, LB841, § 29.
Cross References
Definitions applicable, see section 29-2246.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,103.01 - Lifetime community supervision; parole officer; duties.

83-1,103.01.
Lifetime community supervision; parole officer; duties.
A parole officer assigned by the Director of Supervision and Services to supervise individuals subject to lifetime community supervision pursuant to section 83-174.03 shall:
(1) Make investigations, prior to an individual subject to community supervision being released from incarceration, in cooperation with institutional caseworkers at prisons, mental health facilities, and county jails, to determine the community supervision conditions necessary to protect the public and make reasonable advance preparation for release into the community;
(2) Assist individuals subject to community supervision to comply with the conditions of supervision and to make a successful adjustment in the community;
(3) Supervise individuals subject to community supervision by keeping informed of their conduct and condition;
(4) Make reports as required by the Director of Supervision and Services to determine the effectiveness of community supervision in protecting the public or the progress of an individual subject to community supervision;
(5) Cooperate with social welfare agencies and treatment providers to ensure that individuals subject to community supervision receive any necessary services or treatment;
(6) Inform the Director of Supervision and Services when, in the opinion of the community supervision officer, an individual is in violation of the conditions of his or her community supervision, and whenever necessary exercise the power of arrest as provided in section 83-1,102;
(7) Conduct periodic reviews of the conditions of community supervision imposed on an individual as required by the Director of Supervision and Services; and
(8) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 2006, LB 1199, § 95;
Laws 2018, LB841, § 30.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,103.02 - Lifetime community supervision; Division of Parole Supervision; duties; certificate of community supervision; appeal.

83-1,103.02.
Lifetime community supervision; Division of Parole Supervision; duties; certificate of community supervision; appeal.
(1) Prior to the release from incarceration of an individual subject to lifetime community supervision pursuant to section 83-174.03, the Division of Parole Supervision shall:
(a) Notify the individual in writing that he or she is subject to community supervision upon completion of his or her criminal sentence;
(b) Inform the individual subject to community supervision of the process by which conditions of community supervision are determined and his or her right to submit relevant information to the division for consideration when establishing the conditions of supervision;
(c) Determine the individual's risk of recidivism if released into the community, utilizing a validated risk assessment tool;
(d) After considering the information required in subdivision (e) of this subsection, determine the conditions of supervision which will most effectively minimize the risk of the individual committing another sex offense. The conditions shall be the least restrictive conditions available, in terms of the effect on the individual's personal freedom, which minimize the risk of recidivism and are compatible with public safety; and
(e) In determining the conditions of supervision to be imposed, the division shall consider the following:
(i) A report prepared by the institutional caseworkers relating to the individual's personality, social history, and adjustment to authority and including any recommendations which the staff of the facility may make;
(ii) All official reports of the individual's prior criminal record, including reports and records of earlier probation and parole experiences;
(iii) The presentence investigation report;
(iv) The reports of any physical, mental, and psychiatric examinations of the individual;
(v) Any relevant information which may be submitted by the individual, his or her attorney, the victim of the crime, or other persons; and
(vi) Such other relevant information concerning the individual as may be reasonably available.
(2) Upon completion of the risk assessment and the determination of the conditions of community supervision and no later than thirty days prior to the completion of the individual's criminal sentence, the division shall issue a certificate of community supervision to the individual containing the conditions of community supervision he or she will be required to comply with upon the completion of his or her criminal sentence. The Director of Supervision and Services shall include with the certificate written information on how to appeal the determination of the conditions of community supervision.
Source
Laws 2006, LB 1199, § 96;
Laws 2018, LB841, § 31.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,103.03 - Lifetime community supervision; Division of Parole Supervision; annual review.

83-1,103.03.
Lifetime community supervision; Division of Parole Supervision; annual review.
The Division of Parole Supervision shall review the conditions of community supervision imposed on an individual pursuant to section 83-174.03 on an annual basis and shall provide the individual the opportunity to submit written materials to the division for consideration during such review.
If the division determines, after reviewing the individual's conduct while under supervision and any other relevant facts, that one or more of the conditions of community supervision imposed upon the individual is no longer necessary to reduce the risk of the individual reoffending or is no longer the least restrictive condition compatible with public safety, the division shall revise the conditions of community supervision so that the individual's freedom is not unnecessarily restricted.
Source
Laws 2006, LB 1199, § 97;
Laws 2018, LB841, § 32.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,103.04 - Lifetime community supervision; determination or revision of conditions; appeal; burden of proof.

83-1,103.04.
Lifetime community supervision; determination or revision of conditions; appeal; burden of proof.
(1) Whenever a determination or revision of the conditions of community supervision is made by the Division of Parole Supervision, the individual subject to the conditions shall be entitled to an appeal. The appeal shall be heard by the district court in the county where the individual resides. The individual shall be informed of his or her right to request counsel, and if counsel is requested the court shall determine if the individual is indigent. If the court finds the individual to be indigent, it shall appoint counsel from the public defender's office to represent the individual during the appeal.
(2) In an appeal contesting the determination or revision of the conditions of community supervision, the burden of proof shall be on the individual subject to community supervision to show by clear and convincing evidence (a) that the conditions in question will not reduce the risk of the individual reoffending or otherwise protect the public or (b) that the condition is overly restrictive of the individual's freedom and a less restrictive condition is available which is equally or more effective in reducing the risk of the individual reoffending.
Source
Laws 2006, LB 1199, § 98;
Laws 2018, LB841, § 33.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,104 - District parole officer; duties.

83-1,104.
District parole officer; duties.
A district parole officer shall:
(1) Make investigations, prior to a committed offender's release on parole, in cooperation with institutional caseworkers and the Board of Parole to determine the adequacy of parole plans and make reasonable advance preparation for release on parole;
(2) Assist a committed offender who requests assistance prior to release or a parolee to comply with the conditions of parole and to make a successful adjustment in the community, including facilitating the transitional needs of housing and employment, access to and participation in job training services in the community, access to mental health services, assisting with applications for health care coverage or ensuring that the committed offender or parolee knows how to apply for and obtain health care coverage, and assisting with enrollment in the medical assistance program established pursuant to the Medical Assistance Act, if eligible, to ensure that the committed offender or parolee has access to such program close to the time of release or soon thereafter;
(3) Supervise parolees by keeping informed of their conduct and condition, utilizing global positioning systems and other monitoring technology as needed during the period of supervision;
(4) Make such reports as required by the Director of Supervision and Services or district judge to determine the effectiveness of the parole system or the progress of an individual parolee;
(5) Cooperate with social welfare agencies;
(6) Observe the work of any parole officer under his or her supervision from time to time;
(7) Inform the Director of Supervision and Services when, in his or her opinion, any eligible parolee's conduct and attitude warrant his or her discharge from active supervision, or when any parolee's violation of the conditions of parole is of sufficient seriousness to require action by the Board of Parole or district judge and whenever necessary exercise the power of arrest as provided in section 83-1,119;
(8) Delegate in his or her discretion any of the above responsibilities to a parole officer under his or her supervision; and
(9) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 1969, c. 817, § 35, p. 3089;
Laws 1971, LB 680, § 30;
Laws 2014, LB907, § 16;
Laws 2018, LB841, § 34.
Cross References
Definitions applicable, see section 29-2246.
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,107.02 - Parole Program Cash Fund; created; use; investment.

83-1,107.02.
Parole Program Cash Fund; created; use; investment.
The Parole Program Cash Fund is created. All funds collected pursuant to section 83-1,107.01 shall be remitted to the State Treasurer for credit to the fund. The fund shall be utilized by the Division of Parole Supervision for the purposes stated in subdivision (8) of section 83-1,102. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2003, LB 46, § 22;
Laws 2011, LB390, § 26;
Laws 2018, LB841, § 37.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,108 - Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.

83-1,108.
Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.
(1) The board shall reduce, for good conduct in conformity with the conditions of parole, a parolee's parole term by ten days for each month of such term. The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to section 83-1,107, to determine the date when discharge from parole becomes mandatory.
(2) Reductions of the parole terms may be forfeited, withheld, and restored by the board after the parolee has been consulted regarding any charge of misconduct or breach of the conditions of parole.
Source
Laws 1969, c. 817, § 39, p. 3092;
Laws 1972, LB 1499, § 8;
Laws 1975, LB 567, § 4;
Laws 1992, LB 816, § 3;
Laws 2011, LB191, § 2.
Annotations
Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976).
"Good time" under this section should not be applied against a mandatory minimum sentence imposed under section 29-2221(1). Hurbenca v. Nebraska Dept. of Corr. Servs., 16 Neb. App. 222, 742 N.W.2d 773 (2007).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,109 - Chief executive officer; good time; report; Director of Correctional Services; duties.

83-1,109.
Chief executive officer; good time; report; Director of Correctional Services; duties.
The chief executive officer of a facility shall regularly report all good time and all forfeitures, withholdings, and restorations of good time to the director. On the basis of such report, the director shall inform the board and the Director of Supervision and Services of all committed offenders who are expected to become eligible for release on parole within the next three months.
Source
Laws 1969, c. 817, § 40, p. 3093;
Laws 1975, LB 567, § 5;
Laws 1992, LB 816, § 4;
Laws 2018, LB841, § 38.
Annotations
Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976).
Prisoner's statutory right to good time may not be taken away from him without following minimum appropriate due process procedures. Wolff v. McDonnell, 418 U.S. 539 (1974).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,110.01 - Substance abuse therapy; department; duties; waiver of requirement by board; when.

83-1,110.01.
Substance abuse therapy; department; duties; waiver of requirement by board; when.
The department shall provide substance abuse therapy required by section 28-416 prior to the first parole eligibility date of the committed person. Based on the recommendations, if any, regarding psychological treatment of the committed person pursuant to section 83-179, the department shall provide the person with adequate access or availability to mental health therapy prior to the first parole eligibility date of the committed person. If the board finds that the department did not provide adequate access or availability to the committed person prior to the first parole eligibility date, the board may waive the requirement of section 28-416 only if, as a condition of parole, the committed person agrees to attend and complete therapy which is recommended by the board.
Source
Laws 1994, LB 677, § 17;
R.S.1943, (1994), § 83-1,135.01;
Laws 1997, LB 274, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,110.02 - Medical parole; eligibility; conditions; term.

83-1,110.02.
Medical parole; eligibility; conditions; term.
(1) A committed offender who is not under sentence of death or of life imprisonment and who because of an existing medical or physical condition is determined by the department to be terminally ill or permanently incapacitated may be considered for medical parole by the board. A committed offender may be eligible for medical parole in addition to any other parole. The department shall identify committed offenders who may be eligible for medical parole based upon their medical records.
(2) The board shall decide to grant medical parole only after a review of the medical, institutional, and criminal records of the committed offender and such additional medical evidence from board-ordered examinations or investigations as the board in its discretion determines to be necessary. The decision to grant medical parole and to establish conditions of release on medical parole in addition to the conditions stated in subsection (3) of this section is within the sole discretion of the board.
(3) As conditions of release on medical parole, the board shall require that the committed offender agree to placement for medical treatment and that he or she be placed for a definite or indefinite period of time in a hospital, a hospice, or another housing accommodation suitable to his or her medical condition, including, but not limited to, his or her family's home, as specified by the board.
(4) The parole term of a medical parolee shall be for the remainder of his or her sentence as reduced by any adjustment for good conduct pursuant to the Nebraska Treatment and Corrections Act.
Source
Laws 2005, LB 538, § 25;
Laws 2015, LB268, § 32;
Referendum 2016, No. 426;
Laws 2018, LB841, § 39.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,110.03 - Medical parole; revocation; effect.

83-1,110.03.
Medical parole; revocation; effect.
(1) If during the term of medical parole the medical condition of a medical parolee improves to the extent that he or she is no longer eligible for medical parole, the board may order that he or she be returned to the custody of the department to await a hearing to determine whether the medical parole should be revoked.
(2) If medical parole is revoked due to improvement in the medical condition of the parolee, he or she shall serve the balance of his or her sentence with credit for time served on medical parole and without forfeiture of any credits accrued for good conduct pursuant to the Nebraska Treatment and Corrections Act prior to medical parole.
(3) If a medical parolee whose medical parole is revoked due to improvement in his or her medical condition would otherwise be eligible for parole or any other release program, he or she may be considered for such release program.
(4) In addition to revocation of medical parole pursuant to subsection (1) of this section, medical parole may also be revoked for violation of any condition of the medical parole established by the board.
Source
Laws 2005, LB 538, § 26.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,110.04 - Offender under eighteen years of age when offense committed; denied parole; considered for release every year; Board of Parole; duties.

83-1,110.04.
Offender under eighteen years of age when offense committed; denied parole; considered for release every year; Board of Parole; duties.
(1) Any offender who was under the age of eighteen years when he or she committed the offense for which he or she was convicted and incarcerated shall, if the offender is denied parole, be considered for release on parole by the Board of Parole every year after the denial.
(2) During each hearing before the Board of Parole for the offender, the board shall consider and review, at a minimum:
(a) The offender's educational and court documents;
(b) The offender's participation in available rehabilitative and educational programs while incarcerated;
(c) The offender's age at the time of the offense;
(d) The offender's level of maturity;
(e) The offender's ability to appreciate the risks and consequences of his or her conduct;
(f) The offender's intellectual capacity;
(g) The offender's level of participation in the offense;
(h) The offender's efforts toward rehabilitation; and
(i) Any other mitigating factor or circumstance submitted by the offender.
Source
Laws 2013, LB44, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,110.05 - Geriatric parole; eligibility; conditions; term.

83-1,110.05.
Geriatric parole; eligibility; conditions; term.
(1) A committed offender may be eligible for geriatric parole if the committed offender:
(a) Is not serving a sentence for a Class I, IA, or IB felony; is not serving a sentence for an offense that includes as an element sexual contact or sexual penetration; and is not otherwise serving a sentence of life imprisonment;
(b) Is seventy-five years of age or older; and
(c) Has served at least fifteen years of the sentence for which currently incarcerated.
(2) A committed offender may be eligible for geriatric parole in addition to any other parole. The department shall identify committed offenders who may be eligible for geriatric parole.
(3) The board shall decide to grant geriatric parole only after a review of the decision guidelines as set forth in the board's rules and regulations and the factors set forth in section 83-1,114.
(4) The parole term of a geriatric parolee shall be for the remainder of the parolee's sentence as reduced by any adjustment for good conduct pursuant to the Nebraska Treatment and Corrections Act.
(5) The board shall require as a condition of geriatric parole that the parolee wear or use an electronic monitoring device for a period of at least eighteen months. For purposes of this subsection, electronic monitoring device means a device worn by or affixed to a person which is used to track the physical location of such person.
Source
Laws 2023, LB50, § 48.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,111.01 - Qualified offender; streamlined parole contract; effect on release.

83-1,111.01.
Qualified offender; streamlined parole contract; effect on release.
(1) A qualified offender serving a sentence imposed prior to September 2, 2023, who has not yet received a review from the board shall, at the review, enter into a streamlined parole contract under this section.
(2) A qualified offender serving a sentence imposed on or after September 2, 2023, shall, at the qualified offender's first review from the board, enter into a streamlined parole contract under this section.
(3) Under a streamlined parole contract, a qualified offender shall be released on parole on the qualified offender's parole eligibility date, without a hearing before the board, if:
(a) In the twenty-four-month period prior to the eligibility date, the qualified offender has not committed a Class I offense under the department's disciplinary code; and
(b) The qualified offender has completed all diagnostic evaluations provided by the department and any programming or treatment required by the department for substance abuse, sex offenses, and violence reduction.
(4) If a qualified offender does not meet the requirements of subsection (3) of this section, the board shall consider the offender's parole eligibility as provided for nonqualified offenders under section 83-1,111.
(5) For purposes of this section:
(a) Qualified offender means a committed offender who is serving an indeterminate sentence under which the committed offender may become eligible for parole and who is not serving a sentence for a violent felony;
(b) Serious bodily injury has the same meaning as in section 28-109;
(c) Sexual contact and sexual penetration have the same meanings as in section 28-318; and
(d) Violent felony means an offense which is a Class IIIA felony or higher which:
(i) Includes, as an element of the offense:
(A) Sexual contact or sexual penetration;
(B) The threat to inflict serious bodily injury or death on another person, the infliction of serious bodily injury on another person, or causing the death of another person; or
(C) The use of physical force against another person; or
(ii) Consists of attempt, conspiracy, being an accessory to, or aiding and abetting a felony with any of the offenses described in subdivision (5)(d)(i) of this section as the underlying offense.
Source
Laws 2023, LB50, § 50.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,112 - Committed offender; eligible for parole; parole plan of offender.

83-1,112.
Committed offender; eligible for parole; parole plan of offender.
(1) Each committed offender eligible for parole shall, in advance of his or her parole hearing, have a parole plan in accordance with the rules of the Board of Parole. Whenever the board determines that it will facilitate the parole hearing, it may furnish the offender with any information and records to be considered by it at the hearing.
(2) An offender shall be permitted to advise with any person whose assistance he or she desires, including his or her own legal counsel, in preparing for a hearing before the Board of Parole.
Source
Laws 1969, c. 817, § 43, p. 3095;
Laws 2018, LB841, § 41.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,112.01 - Person convicted of multiple violations of driving under influence of alcoholic liquor or drugs; parole eligibility.

83-1,112.01.
Person convicted of multiple violations of driving under influence of alcoholic liquor or drugs; parole eligibility.
The board shall require any person who is incarcerated pursuant to subdivision (9) or (10) of section 60-6,197.03 to complete all diagnostic evaluations provided by the department and all programming required by the department prior to being considered eligible for parole. If the programming required by the department cannot be completed during the person’s period of incarceration but can be provided in the community, and the board in its discretion believes the incarcerated person will participate in programming available in the community, the board may waive the programming requirement of this section and, as a condition of parole, require that such programming be completed by the person during his or her parole term.
Source
Laws 2011, LB675, § 12;
Laws 2018, LB841, § 42.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,113 - Board of Parole and employees; access to offender; reports on conduct and character.

83-1,113.
Board of Parole and employees; access to offender; reports on conduct and character.
The Board of Parole and its employees shall have access at all reasonable times to any committed offender over whom the board may have jurisdiction and shall have means provided for communication with and observing the committed offender. The board shall be furnished such reports as it may require concerning the conduct and character of any committed offender and any other information deemed pertinent by the board in determining whether a committed offender should be paroled.
Source
Laws 1969, c. 817, § 44, p. 3095;
Laws 1992, Third Spec. Sess., LB 13, § 5;
Laws 1994, LB 677, § 9.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,114 - Board; deferment of parole; grounds.

83-1,114.
Board; deferment of parole; grounds.
(1) Whenever the board considers the release of a committed offender who is eligible for release on parole, it shall order his or her release unless it is of the opinion that his or her release should be deferred because:
(a) There is a substantial risk that he or she will not conform to the conditions of parole;
(b) His or her release would depreciate the seriousness of his or her crime or promote disrespect for law;
(c) His or her release would have a substantially adverse effect on institutional discipline; or
(d) His or her continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance his or her capacity to lead a law-abiding life when released at a later date.
(2) In making its determination regarding a committed offender's release on parole, the board shall give consideration to the decision guidelines as set forth in its rules and regulations and shall take into account each of the following factors:
(a) The adequacy of the offender's parole plan, including sufficiency of residence, employment history, and employability;
(b) The offender's prior criminal record, including the nature and circumstances, dates, and frequency of previous offenses;
(c) The offender's institutional behavior;
(d) The offender's previous experience on parole and how recent such experience is;
(e) Whether the offender has completed a risk and needs assessment completed pursuant to section 83-192; and
(f) Any testimony or written statement by a victim as provided in section 81-1848.
Source
Laws 1969, c. 817, § 45, p. 3095;
Laws 2006, LB 1113, § 51;
Laws 2018, LB841, § 43;
Laws 2023, LB50, § 51.
Effective Date: September 2, 2023
Annotations
The expectancy of release created by this section is not entitled to constitutional protection. Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979).
The procedure in use under this section, which requires at least one hearing per year for each inmate, provides all necessary due process with respect to the discretionary parole decision. Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979).
The argument that a facially neutral parole policy has a racially disproportionate impact, and is unconstitutional, is without merit. Inmates of Nebraska Penal & Correctional Complex v. Greenholtz, 436 F.Supp. 432 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,115 - Board of Parole; determination regarding committed offender's parole; factors considered.

83-1,115.
Board of Parole; determination regarding committed offender's parole; factors considered.
Before making a determination regarding a committed offender's release on parole, the Board of Parole shall consider the following:
(1) A report prepared by the institutional caseworkers relating to his or her personality, social history, and adjustment to authority, and including any recommendations which the staff of the facility may make;
(2) All official reports of his or her prior criminal record, including reports and records of earlier probation and parole experiences;
(3) The presentence investigation report;
(4) Recommendations regarding his or her parole made at the time of sentencing by the sentencing judge;
(5) The reports of any physical, mental, and psychiatric examinations of the offender;
(6) Any relevant information which may be submitted by the offender, his or her attorney, the victim of his or her crime, or other persons;
(7) The risk and needs assessment completed pursuant to section 83-192; and
(8) Such other relevant information concerning the offender as may be reasonably available.
Source
Laws 1969, c. 817, § 46, p. 3097;
Laws 2006, LB 1113, § 52.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,116 - Committed offender; release on parole; conditions of parole.

83-1,116.
Committed offender; release on parole; conditions of parole.
(1) When a committed offender is released on parole, the board shall require as a condition of parole that the offender refrain from engaging in criminal conduct and may require the offender to submit to periodic testing for drug and alcohol use. The board may also require, either at the time of the offender's release on parole or at any time while the offender remains on parole, that the offender conform to any of the following conditions of parole:
(a) Meet specified family responsibilities;
(b) Devote himself or herself to an approved employment;
(c) Remain in the geographic limits fixed in the certificate of parole unless granted written permission to leave such limits;
(d) Report, as directed, to his or her district parole officer;
(e) Reside at the place fixed in the certificate of parole and notify his or her district parole officer of any change in address or employment;
(f) Submit himself or herself to available medical, psychological, psychiatric, or other treatment;
(g) Refrain from associating with persons known to him or her to be engaged in criminal activities or, without permission of his or her district parole officer, with persons known to him or her to have been convicted of a crime; and
(h) Satisfy any other conditions specially related to the cause of his or her offense and not unduly restrictive of his or her liberty or conscience.
(2) Before release on parole, a parolee shall be provided with a certificate of parole setting forth the conditions of the parole.
Source
Laws 1969, c. 817, § 47, p. 3097;
Laws 1995, LB 371, § 22.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,117 - Parolee; conditions of parole.

83-1,117.
Parolee; conditions of parole.
The Board of Parole may in appropriate cases require a parolee, as a condition of his parole, either at the time of his release on parole or at any time while he remains under parole supervision, to reside in a community guidance center, boarding facility, halfway house, hospital, or other special residence facility, for such period and under such supervision or treatment as the board may deem appropriate.
Source
Laws 1969, c. 817, § 48, p. 3098.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,118 - Board; parolee; discharge from parole; when; department; discharge from custody; notice of civil rights.

83-1,118.
Board; parolee; discharge from parole; when; department; discharge from custody; notice of civil rights.
(1) If, in the opinion of the board, upon receipt of information from the Director of Supervision and Services, a parolee has shown suitable compliance with his or her parole programming plan, the board may reduce the level of supervision for a parolee that is commensurate with the best interests of the parolee and is compatible with the protection of the public.
(2) The board shall discharge a parolee from parole when the time served in the custody of the department and the time served on parole equal the maximum term less good time.
(3) The department shall discharge a committed offender from the custody of the department when the time served in the facility equals the maximum term less good time.
(4) Upon completion of the lawful requirements of the sentence, the department shall provide the parolee or committed offender with a written notice regarding his or her civil rights. The notice shall inform the parolee or committed offender that voting rights are restored two years after completion of the sentence. The notice shall also include information on restoring other civil rights through the pardon process, including application to and hearing by the Board of Pardons.
(5) The Board of Parole may discharge a parolee from parole when such parolee is under the supervision of another state's correctional institution and such offender has reached the expiration date of his or her Nebraska parole term.
Source
Laws 1969, c. 817, § 49, p. 3098;
Laws 1975, LB 567, § 8;
Laws 1992, LB 816, § 6;
Laws 1994, LB 677, § 10;
Laws 2002, LB 1054, § 28;
Laws 2003, LB 46, § 25;
Laws 2005, LB 53, § 7;
Laws 2018, LB841, § 44.
Annotations
The Department of Correctional Services acted beyond its authority when, due to a miscalculation of good-time credit, it discharged the defendant before completion of the defendant's lawful sentence. Evans v. Frakes, 293 Neb. 253, 876 N.W.2d 626 (2016).
Applies retroactively to prisoners who receive Board of Pardons approval. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).