reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-961 - Subject's records; confidential; exceptions.

71-961.
Subject's records; confidential; exceptions.
(1) All records kept on any subject shall remain confidential except as otherwise provided by law. Such records shall be accessible to (a) the subject, except as otherwise provided in subsection (2) of this section, (b) the subject's legal counsel, (c) the subject's guardian or conservator, if any, (d) the mental health board having jurisdiction over the subject, (e) persons authorized by an order of a judge or court, (f) persons authorized by written permission of the subject, (g) agents or employees of the Department of Health and Human Services upon delivery of a subpoena from the department in connection with a licensing or licensure investigation by the department, (h) individuals authorized to receive notice of the release of a sex offender pursuant to section 83-174, (i) the Nebraska State Patrol or the department pursuant to section 69-2409.01, or (j) the Division of Parole Supervision if the subject meets the requirements for lifetime community supervision pursuant to section 83-174.03.
(2) Upon application by the county attorney or by the administrator of the treatment facility where the subject is in custody and upon a showing of good cause therefor, a judge of the district court of the county where the mental health board proceedings were held or of the county where the treatment facility is located may order that the records not be made available to the subject if, in the judgment of the court, the availability of such records to the subject will adversely affect his or her mental illness or personality disorder and the treatment thereof.
(3) When a subject is absent without authorization from a treatment facility or program described in section 71-939 or 71-1223 and is considered to be dangerous to others, the subject's name and description and a statement that the subject is believed to be considered dangerous to others may be disclosed in order to aid in the subject's apprehension and to warn the public of such danger.
Source
Laws 1976, LB 806, § 78;
Laws 1996, LB 1055, § 17;
Laws 1996, LB 1155, § 111;
Laws 1997, LB 307, § 230;
R.S.1943, (1999), § 83-1068;
Laws 2004, LB 1083, § 81;
Laws 2006, LB 1199, § 52;
Laws 2007, LB296, § 463;
Laws 2018, LB841, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-962 - Violations; penalty.

71-962.
Violations; penalty.
Any person who willfully (1) files or causes to be filed a certificate or petition under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, knowing any of the allegations thereof to be false, (2) deprives a subject of any of the rights granted the subject by either act or section 83-390, or (3) breaches the confidentiality of records required by section 71-961 shall be guilty of a Class II misdemeanor in addition to any civil liability which he or she may incur for such actions.
Source
Laws 1976, LB 806, § 79;
Laws 1977, LB 41, § 63;
Laws 2000, LB 884, § 22;
R.S.Supp.,2002, § 83-1069;
Laws 2004, LB 1083, § 82;
Laws 2006, LB 1199, § 53.
Cross References
Sex Offender Commitment Act, see section 71-1201.
Annotations
The Nebraska Mental Health Commitment Act provides for a criminal penalty for any person who willfully breaches the confidentiality of records as required by section 83-1068, in addition to any civil liability which may be incurred by such acts. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1001 - State Anatomical Board; members; powers and duties; State Anatomical Board Cash Fund; created; use; investment.

71-1001.
State Anatomical Board; members; powers and duties; State Anatomical Board Cash Fund; created; use; investment.
(1) The heads of the anatomy departments of the medical schools and colleges of this state, one professor of anatomy appointed by the head of the anatomy department from each medical school or college of this state, one professor of anatomy appointed from each dental school or college of this state, and one layperson appointed by the Department of Health and Human Services shall constitute the State Anatomical Board of the State of Nebraska for the distribution, delivery, and use of certain dead human bodies, described in section 71-4834, to and among such schools, colleges, and persons as are entitled thereto under such section.
(2) The board shall have power to (a) establish rules and regulations for its government and for the collection, storage, and distribution of dead human bodies for anatomical purposes and (b) appoint and remove its officers and agents.
(3) The board shall keep minutes of its meetings and shall cause a record to be kept of all of its transactions, of bodies received and distributed by it, and of the school, college, or person receiving every such body. The records of the board shall be open at all times to the inspection of each member of the board and to every county attorney within this state.
(4) There is hereby created the State Anatomical Board Cash Fund. The fund shall be under the University of Nebraska Medical Center for accounting and budgeting purposes only. The fund shall consist of revenue collected by the State Anatomical Board and shall only be used to pay for costs of operating the board. 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 1929, c. 158, § 1, p. 551;
C.S.1929, § 71-2801;
R.S.1943, § 71-1001;
Laws 1969, c. 570, § 1, p. 2314;
Laws 1978, LB 583, § 1;
Laws 1979, LB 98, § 2;
Laws 1992, LB 860, § 2;
Laws 1996, LB 1044, § 556;
Laws 2007, LB296, § 464;
Laws 2017, LB331, § 36;
Laws 2019, LB559, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1003 - Board; dead human bodies; distribution.

71-1003.
Board; dead human bodies; distribution.
The State Anatomical Board, or its duly authorized officers or agents, may take and receive dead bodies as provided in section 71-4834. The board shall distribute the bodies among the medical, chiropractic, osteopathic, and dental schools and colleges, and physicians and surgeons designated by the board, under such rules and regulations as may be adopted and promulgated by it. The number of bodies so distributed to such schools and colleges shall be in proportion to the number of students matriculated in the first-year work of such schools and colleges. If there are more bodies than are required by such schools and colleges, the board, or its duly authorized officers, may, from time to time, designate physicians and surgeons to receive such bodies, and the number of bodies they may receive, if such physicians and surgeons have complied with all rules and regulations which the board may adopt and promulgate for such disposition. All expenses incurred by the board in receiving, caring for, and delivering any such body shall be paid by those receiving such body.
Source
Laws 1929, c. 158, § 3, p. 552;
C.S.1929, § 71-2803;
R.S.1943, § 71-1003;
Laws 1971, LB 268, § 2;
Laws 2019, LB559, § 2.
Cross References
Board of Funeral Directing and Embalming, distribution to and use by, see section 38-1417.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1004 - Board; dead human bodies; transportation.

71-1004.
Board; dead human bodies; transportation.
The State Anatomical Board may employ a carrier or carriers for the transportation of bodies, referred to in sections 71-1001 to 71-1007, and may transport such bodies, or order them to be transported, under such rules and regulations as it may adopt and promulgate.
Source
Laws 1929, c. 158, § 4, p. 553;
C.S.1929, § 71-2804;
R.S.1943, § 71-1004;
Laws 2019, LB559, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1007 - Board; purpose.

71-1007.
Board; purpose.
The purpose of the State Anatomical Board is to:
(1) Provide for the orderly receipt, maintenance, distribution, and use of human bodies used for medical education and research;
(2) Ensure that proper and considerate care is given to human bodies used for medical education and research; and
(3) Ensure that an orderly and equitable procedure is used for the allocation of human bodies to colleges and universities in Nebraska which provide medical education and research.
Source
Laws 1979, LB 98, § 1;
Laws 2019, LB559, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1101 - Act, how cited.

71-1101.
Act, how cited.
Sections 71-1101 to 71-1134 shall be known and may be cited as the Developmental Disabilities Court-Ordered Custody Act.
Source
Laws 2005, LB 206, § 1;
Laws 2013, LB23, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1102 - Public policy.

71-1102.
Public policy.
The Legislature recognizes the right of all persons, including individuals with developmental disabilities, to enjoy personal liberty and freedom. It is the public policy of the State of Nebraska to encourage persons with developmental disabilities to voluntarily choose their own services. It is also the public policy of the State of Nebraska to use guardians, preferably family members, to make and support service and placement decisions when a person with developmental disabilities is determined by a court to be incompetent, but there are instances in which the threat of harm to other persons in society is sufficient that a court should balance the rights of such person with the interests of society and place care and custody of such person with the State of Nebraska for appropriate treatment and services.
Source
Laws 2005, LB 206, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1103 - Purpose of act.

71-1103.
Purpose of act.
The purpose of the Developmental Disabilities Court-Ordered Custody Act is to provide a procedure for court-ordered custody and treatment for a person with developmental disabilities when he or she poses a threat of harm to others.
Source
Laws 2005, LB 206, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1104 - Definitions, where found.

71-1104.
Definitions, where found.
For purposes of the Developmental Disabilities Court-Ordered Custody Act, the definitions in sections 71-1105 to 71-1116 apply.
Source
Laws 2005, LB 206, § 4;
Laws 2013, LB23, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1107 - Developmental disability, defined.

71-1107.
Developmental disability, defined.
Developmental disability means a severe, chronic disability, including an intellectual disability, other than mental illness, which:
(1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent mental illness;
(2) Is manifested before the age of twenty-two years;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in one of each of the following areas of adaptive functioning:
(a) Conceptual skills, including language, literacy, money, time, number concepts, and self-direction;
(b) Social skills, including interpersonal skills, social responsibility, self-esteem, gullibility, wariness, social problem solving, and the ability to follow laws and rules and to avoid being victimized; and
(c) Practical skills, including activities of daily living, personal care, occupational skills, health care, mobility, and the capacity for independent living; and
(5) Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized support, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
An individual from birth through the age of nine years who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without manifesting substantial functional limitations in three or more of the areas of adaptive functioning described in subdivision (4) of this section if the individual, without services and support, has a high probability of manifesting such limitations in such areas later in life.
Source
Laws 2005, LB 206, § 7;
Laws 2013, LB23, § 31;
Laws 2017, LB333, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1108 - Independent mental health professional, defined.

71-1108.
Independent mental health professional, defined.
Independent mental health professional means a psychiatrist or psychologist with expertise in treating persons with developmental disabilities who has not previously been involved in the treatment of the subject in a significant way.
Source
Laws 2005, LB 206, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1108.01 - Intellectual disability, defined.

71-1108.01.
Intellectual disability, defined.
Intellectual disability means significantly subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a score of seventy or below on a properly administered and valid intelligence quotient test.
Source
Laws 2005, LB 206, § 10;
R.S.1943, (2009), § 71-1110;
Laws 2013, LB23, § 32;
Laws 2016, LB1039, § 1;
Laws 2017, LB333, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1109 - Least restrictive alternative, defined.

71-1109.
Least restrictive alternative, defined.
Least restrictive alternative means a placement and services provided in a manner no more restrictive of a subject's liberty and no more intrusive than necessary to provide appropriate treatment and protect society.
Source
Laws 2005, LB 206, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1115 - Threat of harm to others, defined.

71-1115.
Threat of harm to others, defined.
Threat of harm to others means a significant likelihood of substantial harm to others as evidenced by one or more of the following: Having inflicted or attempted to inflict serious bodily injury on another; having committed an act that would constitute a sexual assault or attempted sexual assault; having committed lewd and lascivious conduct toward a child; having set or attempted to set fire to another person or to any property of another without the owner's consent; or, by the use of an explosive, having damaged or destroyed property, put another person at risk of harm, or injured another person.
Source
Laws 2005, LB 206, § 15.
Annotations
The Developmental Disabilities Court-Ordered Custody Act does not require proof of future harm before the court determines that the subject is in need of court-ordered custody and treatment and, therefore, does not violate due process. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1116 - Treatment, defined.

71-1116.
Treatment, defined.
Treatment means the support and services which will assist a subject to acquire the skills and behaviors needed to function in society so that the subject does not pose a threat of harm to others and is able to cope with his or her personal needs and the demands of his or her environment.
Source
Laws 2005, LB 206, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1117 - Petition; where filed; contents; evidentiary rules; applicability.

71-1117.
Petition; where filed; contents; evidentiary rules; applicability.
The Attorney General or county attorney may file a petition in the district court of the county in which a subject resides or the county in which an alleged act constituting a threat of harm to others occurs. The petition shall allege that the subject is a person in need of court-ordered custody and treatment and shall contain the following:
(1) The name and address of the subject, if known;
(2) A statement that the subject is believed to be eighteen years of age or older or that the subject is a juvenile who will become eighteen years of age within ninety days after the date of filing the petition;
(3) The name and address of the subject's guardian or closest relative, if known;
(4) The name and address of any other person having custody and control of the subject, if known;
(5) A statement that the subject has a developmental disability and poses a threat of harm to others;
(6) The factual basis to support the allegation that the subject has a developmental disability; and
(7) The factual basis to support the allegation that the subject poses a threat of harm to others.
The Nebraska Evidence Rules shall apply to proceedings under the Developmental Disabilities Court-Ordered Custody Act unless otherwise specified.
Source
Laws 2005, LB 206, § 17.
Cross References
Nebraska Evidence Rules, see section 27-1103.
Annotations
The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1118 - Subject; rights.

71-1118.
Subject; rights.
A subject has the following rights pursuant to the Developmental Disabilities Court-Ordered Custody Act:
(1) The right to be represented by legal counsel and to have counsel appointed if the subject cannot afford to pay the cost of counsel;
(2) The right to have a guardian ad litem appointed to act on the subject's behalf if the court determines that he or she is unable to assist in his or her own defense;
(3) The right to have a timely hearing on the merits of the petition before a district court judge;
(4) The right to have reasonable continuances, for good cause shown, in order to properly prepare for a hearing on the petition;
(5) The right to testify, subpoena witnesses, require testimony before the court, and offer evidence;
(6) The right to confront and cross-examine witnesses;
(7) The right to have an expert witness of the subject's own choice evaluate the subject, testify, and provide recommendations to the court and to have such expert paid for by the county if the subject cannot afford the costs of such expert; and
(8) The right to have a transcript prepared for the purpose of an appeal, to appeal a final decision of the court, and to have the costs of such transcript and appeal paid by the county if the subject cannot afford such costs.
Source
Laws 2005, LB 206, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1119 - Emergency custody; application; court order; evaluation by department.

71-1119.
Emergency custody; application; court order; evaluation by department.
(1) The petitioner may apply to the court to have the subject taken into emergency custody and held pending a hearing on the petition and disposition pursuant to sections 71-1122 to 71-1126. The application for emergency custody shall be supported by affidavit or sworn testimony which establishes probable cause to believe that (a) the subject is eighteen years of age or older or will become eighteen years of age within ninety days after the date of filing the application, (b) the subject is a person with a developmental disability, (c) the subject poses a threat of harm to others, and (d) if the application is not granted, substantial harm to others is likely to occur before a trial and disposition of the matter can be completed.
(2) If the court concludes that there is probable cause to grant the application pursuant to subsection (1) of this section, the court may issue an ex parte order granting the application. The department shall provide a recommendation of an appropriate treatment program for the subject which has available space and is willing to hold the subject in emergency custody. The court shall direct the sheriff or any other peace officer to take the subject into emergency custody and deliver him or her to the program ordered by the court to be held pending further hearing and order of the court. The order shall establish terms and conditions of the emergency placement as appropriate under the Developmental Disabilities Court-Ordered Custody Act. The department shall evaluate the subject within seven days after the date the application is granted to determine if the subject is a person with one or more developmental disabilities and poses a threat of harm to others. The results of the evaluation shall be provided to the court and all parties.
Source
Laws 2005, LB 206, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1120 - Emergency custody order; expedited hearing.

71-1120.
Emergency custody order; expedited hearing.
If an emergency custody order is issued by the court under section 71-1119, the subject has a right to an expedited hearing to challenge the order. At such hearing, the petitioner has the burden of showing that there is probable cause to continue the emergency custody order. Such hearing shall be held within ten days after the date the subject is taken into emergency custody unless such requirement is waived by the subject or the subject is granted a continuance based upon his or her request. The Nebraska Evidence Rules do not apply at a hearing under this section. Upon conclusion of such hearing, the court may continue, modify, or vacate the emergency custody order.
Source
Laws 2005, LB 206, § 20.
Cross References
Nebraska Evidence Rules, see section 27-1103.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1121 - Petition and summons; service.

71-1121.
Petition and summons; service.
The petitioner shall cause notice of the petition and summons to be served on the subject, the subject's attorney, if any, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, and the department.
Source
Laws 2005, LB 206, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1122 - Petition; hearing; procedure; representation by legal counsel.

71-1122.
Petition; hearing; procedure; representation by legal counsel.
When a petition is filed under the Developmental Disabilities Court-Ordered Custody Act, the court shall ensure that the subject is represented by legal counsel and shall set a time and date for a hearing on the petition. The clerk of the court shall provide notice of the date and time of such hearing to the subject, the subject's legal counsel, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, the petitioner, and the department. The notice of hearing on the petition shall state the date, time, and location of the hearing and shall contain a list of the subject's rights under section 71-1118. The court may order an examination and evaluation of the subject to be completed by the department prior to the hearing, and the results shall be provided to all parties. The hearing on the petition shall be held within ninety days after the date of filing the petition or, if the subject is in emergency custody pursuant to section 71-1119, as soon as practicable but not later than forty-five days from the date when the subject was taken into emergency custody unless continuances are granted by the court upon the subject's motion.
Source
Laws 2005, LB 206, § 22.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1123 - Subject; response to petition.

71-1123.
Subject; response to petition.
The subject may admit or deny the allegations of the petition or choose to not answer. If the subject denies the allegations of the petition, the court shall proceed to conduct a hearing on the petition. If the subject is unable to understand the nature and possible consequences of the proceedings or chooses to not answer, the court shall enter a denial of the allegations of the petition on the subject's behalf and shall proceed to conduct a hearing on the petition. If the subject admits to the allegations of the petition, the court shall determine whether the admission is free and voluntary and, if the court finds a factual basis to support the admission, may find the subject to be a person in need of court-ordered custody and treatment.
Source
Laws 2005, LB 206, § 23.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1124 - Burden of proof; court findings; dispositional hearing; when required.

71-1124.
Burden of proof; court findings; dispositional hearing; when required.
The petitioner has the burden to prove by clear and convincing evidence that the subject is a person in need of court-ordered custody and treatment. The court shall make specific findings of fact and state its conclusions of law.
If after the hearing is complete the court finds that the subject is not a person in need of court-ordered custody and treatment, it shall dismiss the petition and immediately release the subject from any emergency custody order.
If after the hearing is complete the court finds that the subject is a person in need of court-ordered custody and treatment, the court shall order the department to evaluate the subject and submit a plan for custody and treatment of the subject in the least restrictive alternative within thirty days and provide a copy to all parties in interest. The court shall set the matter for dispositional hearing within fifteen days after receipt of the department's plan, unless continued for good cause shown.
Source
Laws 2005, LB 206, § 24.
Annotations
The Developmental Disabilities Court-Ordered Custody Act provides procedures and evidentiary standards which protect an individual's constitutionally protected liberty interest and, therefore, does not violate the subject's due process rights. In re Interest of C.R., 281 Neb. 75, 793 N.W.2d 330 (2011).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1125 - Departmental plan; contents.

71-1125.
Departmental plan; contents.
The plan submitted by the department pursuant to section 71-1124 shall include the evaluation and recommendations of an independent mental health professional. The independent mental health professional may have been previously involved in evaluating the subject and advising the court pursuant to the Developmental Disabilities Court-Ordered Custody Act and may also be an employee of or a contractor with the department. The plan shall include: A history of the subject's past treatment, if any; a comprehensive evaluation of the subject's developmental disabilities; a risk analysis; the treatment and staffing requirements of the subject; appropriate terms and conditions to provide custody and treatment of the subject in the least restrictive alternative; and an appropriate treatment program that is capable of providing and willing to provide treatment in accordance with the plan.
Source
Laws 2005, LB 206, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1126 - Dispositional hearing; considerations; court order.

71-1126.
Dispositional hearing; considerations; court order.
At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125, the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court unless it is shown by a preponderance of the evidence that the plan is not the least restrictive alternative for the subject. After the hearing is completed, the court shall issue an order of disposition placing custody of the subject with the department and setting forth the treatment plan for the subject. The court shall establish the duration of the court-ordered custody and treatment of the subject, but such duration under the initial order shall not be longer than one year.
Source
Laws 2005, LB 206, § 26.
Cross References
Nebraska Evidence Rules, see section 27-1103.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1127 - Court-ordered custody and treatment; annual review hearings; procedure.

71-1127.
Court-ordered custody and treatment; annual review hearings; procedure.
The court shall hold annual review hearings of each order of disposition issued under section 71-1126 prior to the expiration date of such order. Prior to the annual review hearing, the department shall submit an updated plan for custody and treatment of the subject. It shall be the burden of the state to show by clear and convincing evidence that court-ordered custody and treatment continues to be necessary. The court shall determine whether the evidence supports continuing the court-ordered custody and treatment of the subject. At the review hearing, the court shall consider the evidence received at the original and any subsequent hearings, the plan and updates submitted by the department, progress reports and recommendations from the treatment program, and any other relevant evidence. Following the review hearing, the court may continue or modify the court-ordered custody and treatment or may vacate such custody and treatment and dismiss the matter.
Source
Laws 2005, LB 206, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1128 - Review hearing; when authorized; notice.

71-1128.
Review hearing; when authorized; notice.
(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of the evidence that the subject no longer poses a threat of harm to others. If it is shown that the subject no longer poses a threat of harm to others, the court shall enter an order dismissing the case and immediately release the subject.
(2) If at any time it appears that (a) the plan submitted under section 71-1124 or 71-1127 is not sufficient to protect society or the subject or (b) the circumstances upon which the plan was based have changed significantly, any party may file a motion, to be granted for good cause shown, for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by clear and convincing evidence that the court-ordered custody and treatment of the subject should be modified or vacated.
(3) Upon the filing of a motion for a review hearing pursuant to this section, the department shall immediately provide notice to the Attorney General and the county attorney who filed a petition under section 71-1117 if the proceeding by which the subject is placed in court-ordered custody included evidence of a sex offense as defined in section 83-174.01 or if any prior proceedings resulting in a civil commitment or court-ordered custody included evidence of a sex offense as defined in section 83-174.01.
Source
Laws 2005, LB 206, § 28;
Laws 2006, LB 1199, § 54.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1129 - Jurisdiction of court.

71-1129.
Jurisdiction of court.
A court which finds a subject to be in need of court-ordered custody and treatment shall have concurrent jurisdiction to hear and decide issues regarding appointment or replacement of a guardian for as long as the subject is in court-ordered custody and treatment.
Source
Laws 2005, LB 206, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1130 - Findings under act; effect.

71-1130.
Findings under act; effect.
No findings under the Developmental Disabilities Court-Ordered Custody Act, including a finding that a person is in need of court-ordered custody and treatment, shall lead to a presumption that such person is incompetent to stand trial.
Source
Laws 2005, LB 206, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1131 - Costs; payment; public defender; appointment.

71-1131.
Costs; payment; public defender; appointment.
If the subject cannot afford to pay, the county shall pay court costs, costs of emergency custody, and related expenses for a petition filed pursuant to the Developmental Disabilities Court-Ordered Custody Act, including the costs of legal counsel appointed to represent the subject and any expert hired to evaluate and testify on behalf of the subject. In counties having a public defender, the court may appoint the public defender as legal counsel for the subject. The county shall be responsible for the cost of transporting the subject to and from court hearings under the act and to any emergency custody or other custody ordered under the act. The department shall pay the costs of the department's evaluations of the subject, the costs of the plans completed by the department and the independent mental health professional, and the costs of the court-ordered custody and treatment of the subject following an order of disposition, except as provided by sections 83-363 to 83-380.
Source
Laws 2005, LB 206, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1132 - Treatment needs of subject; rights of subject or subject's guardian.

71-1132.
Treatment needs of subject; rights of subject or subject's guardian.
Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treatment needs of the subject.
Source
Laws 2005, LB 206, § 32.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1133 - Juvenile; when subject to act.

71-1133.
Juvenile; when subject to act.
In the case of a juvenile in need of court-ordered custody and treatment, a petitioner may file a petition and begin proceedings under the Developmental Disabilities Court-Ordered Custody Act within ninety days before the juvenile's eighteenth birthday. No order under the act shall be effective until the subject reaches his or her eighteenth birthday.
Source
Laws 2005, LB 206, § 33.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1134 - Reports.

71-1134.
Reports.
(1) The department in collaboration with the Advisory Committee on Developmental Disabilities established under section 83-1212.01 shall submit quarterly reports to the court, all parties of record, and the guardian of any subject in court-ordered custody.
(2) The department shall submit electronically an annual report to the Legislature regarding the implementation of the Developmental Disabilities Court-Ordered Custody Act. Such reports shall not contain any name, address, or other identifying factors or other confidential information regarding any subject.
Source
Laws 2005, LB 206, § 34;
Laws 2012, LB782, § 110.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1202 - Purpose of act.

71-1202.
Purpose of act.
The purpose of the Sex Offender Commitment Act is to provide for the court-ordered treatment of sex offenders who have completed their sentences but continue to pose a threat of harm to others. It is the public policy of the State of Nebraska that dangerous sex offenders be encouraged to obtain voluntary treatment. If voluntary treatment is not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Sex Offender Commitment Act. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.
Source
Laws 2006, LB 1199, § 58.
Annotations
This section does not violate the constitutional provisions relating to equal protection, special legislation, separation of powers, bills of attainder, ex post facto, or double jeopardy. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011).
The Sex Offender Commitment Act applies specifically to convicted sex offenders who have completed their jail sentences but continue to pose a threat of harm to others. In re Interest of G.H., 279 Neb. 708, 781 N.W.2d 438 (2010).
The Sex Offender Commitment Act is not excessive in relation to its assigned nonpunitive purpose, which is to protect the public and provide treatment to dangerous sex offenders who are likely to reoffend. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1203 - Terms, defined.

71-1203.
Terms, defined.
For purposes of the Sex Offender Commitment Act:
(1) The definitions found in sections 71-905, 71-906, 71-907, 71-910, 71-911, and 83-174.01 apply;
(2) Administrator means the administrator or other chief administrative officer of a treatment facility or his or her designee;
(3) Outpatient treatment means treatment ordered by a mental health board directing a subject to comply with specified outpatient treatment requirements, including, but not limited to, (a) taking prescribed medication, (b) reporting to a mental health professional or treatment facility for treatment or for monitoring of the subject's condition, or (c) participating in individual or group therapy or educational, rehabilitation, residential, or vocational programs;
(4) Subject means any person concerning whom (a) a certificate has been filed under section 71-1204, (b) a certificate has been filed under section 71-919 and such person is held pursuant to subdivision (2)(b) of section 71-919, or (c) a petition has been filed under the Sex Offender Commitment Act. Subject does not include any person under eighteen years of age unless such person is an emancipated minor; and
(5) Treatment facility means a facility which provides services for persons who are dangerous sex offenders.
Source
Laws 2006, LB 1199, § 59.
Annotations
The explicit purpose of the Sex Offender Commitment Act is to protect the public from sex offenders who continue to pose a threat of harm to others. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1204 - Emergency protective custody; dangerous sex offender determination; written certificate; contents.

71-1204.
Emergency protective custody; dangerous sex offender determination; written certificate; contents.
(1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.
(2) The certificate shall be in writing and shall include the following information:
(a) The subject's name and address, if known;
(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;
(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;
(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;
(f) The name and work address of the certifying mental health professional;
(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and
(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.
Source
Laws 2006, LB 1199, § 60.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1205 - Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.

71-1205.
Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.
(1) Any person who believes that another person is a dangerous sex offender may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney concurs that such person is a dangerous sex offender and that neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by a mental health board is available or would suffice to prevent the harm described in subdivision (1) of section 83-174.01, the county attorney shall file a petition as provided in this section.
(2) The petition shall be filed with the clerk of the district court in any county within: (a) The judicial district in which the subject is located; (b) the judicial district in which the alleged behavior of the subject occurred which constitutes the basis for the petition; or (c) another judicial district in the State of Nebraska, if authorized, upon good cause shown, by a district judge of the judicial district in which the subject is located. In such event, all proceedings before the mental health board shall be conducted by the mental health board serving such other county and all costs relating to such proceedings shall be paid by the county of residence of the subject. In the order transferring such cause to another county, the judge shall include such directions as are reasonably necessary to protect the rights of the subject.
(3) The petition shall be in writing and shall include the following information:
(a) The subject's name and address, if known;
(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;
(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d) A statement that the county attorney has probable cause to believe that the subject of the petition is a dangerous sex offender;
(e) A statement that the beliefs of the county attorney are based on specific behavior, acts, criminal convictions, attempts, or threats which shall be described in detail in the petition; and
(f) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder and who may be called as a witness at a mental health board hearing with respect to the subject, if known.
Source
Laws 2006, LB 1199, § 61.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1206 - Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.

71-1206.
Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.
(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-1205 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-919 or the administrator of the treatment facility having charge of the subject of the intention of the county attorney to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.
(2) A petition filed by the county attorney under section 71-1205 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is a dangerous sex offender as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919, a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in an appropriate and available medical facility, jail, or Department of Correctional Services facility. A dangerous sex offender shall not be admitted to a medical facility for emergency protective custody unless a medical or psychiatric emergency exists requiring treatment not available at a jail or correctional facility. Each county shall make arrangements with appropriate facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of . . . . . , Alleged to be a Dangerous Sex Offender. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-1208, and upon such motion by the county attorney, the mental health board shall dismiss the petition.
Source
Laws 2006, LB 1199, § 62.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1207 - Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.

71-1207.
Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960, and a list of the names, addresses, and telephone numbers of mental health professionals in the immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.
Source
Laws 2006, LB 1199, § 63.
Annotations
The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015).
The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009).
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1208 - Hearing; mental health board; duties.

71-1208.
Hearing; mental health board; duties.
A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is a dangerous sex offender as alleged in the petition. At the commencement of the hearing, the board shall inquire whether the subject has received a copy of the petition and list of rights accorded him or her by sections 71-943 to 71-960 and whether he or she has read and understood them. The board shall explain to the subject any part of the petition or list of rights which he or she has not read or understood. The board shall inquire of the subject whether he or she admits or denies the allegations of the petition. If the subject admits the allegations, the board shall proceed to enter a treatment order pursuant to section 71-1209. If the subject denies the allegations of the petition, the board shall proceed with a hearing on the merits of the petition.
Source
Laws 2006, LB 1199, § 64.