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2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3502 - Sections; purposes.

29-3502.
Sections; purposes.
The purposes of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 are (1) to control and coordinate criminal offender record keeping within this state, (2) to establish more efficient and uniform systems of criminal offender record keeping, (3) to assure periodic audits of such record keeping in order to determine compliance with sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, (4) to establish a more effective administrative structure for the protection of individual privacy in connection with such record keeping, and (5) to preserve the principle of the public's right to know of the official actions of criminal justice agencies.
Source
Laws 1978, LB 713, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3503 - Definitions; sections found.

29-3503.
Definitions; sections found.
For the purposes of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, unless the context otherwise requires, the definitions found in sections 29-3504 to 29-3514 shall be used.
Source
Laws 1978, LB 713, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3504 - Administration of criminal justice, defined.

29-3504.
Administration of criminal justice, defined.
Administration of criminal justice shall mean performance of any of the following activities: Detection, apprehension, detention, pretrial release, pretrial diversion, posttrial release, prosecution, defense by a full-time public defender's office, defense by the Commission on Public Advocacy, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
Source
Laws 1978, LB 713, § 4;
Laws 2002, LB 82, § 15.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3506 - Criminal history record information, defined.

29-3506.
Criminal history record information, defined.
Criminal history record information shall mean information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of issuance of arrest warrants, arrests, detentions, indictments, charges by information, and other formal criminal charges, and any disposition arising from such arrests, charges, sentencing, correctional supervision, and release. Criminal history record information shall include any judgment against or settlement with the state as a result of a wrongful conviction pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act. Criminal history record information shall not include intelligence or investigative information.
Source
Laws 1978, LB 713, § 6;
Laws 2009, LB260, § 9.
Cross References
Nebraska Claims for Wrongful Conviction and Imprisonment Act, see section 29-4601.
Annotations
This section has no application to presentence reports and does not restrict the use of criminal history information in determining an appropriate sentence. State v. Guida, 230 Neb. 961, 434 N.W.2d 522 (1989).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3507 - Complete, defined.

29-3507.
Complete, defined.
With reference to criminal history record information, complete shall mean that arrest records shall show the subsequent disposition of the case as it moves through the various stages of the criminal justice system; and accurate shall mean containing no erroneous information of a material nature.
Source
Laws 1978, LB 713, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3508 - Criminal history record information system or system, defined.

29-3508.
Criminal history record information system or system, defined.
Criminal history record information system or system shall mean a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information.
Source
Laws 1978, LB 713, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3509 - Criminal justice agency, defined.

29-3509.
Criminal justice agency, defined.
Criminal justice agency shall mean:
(1) Courts; and
(2) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.
Source
Laws 1978, LB 713, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3511 - Disposition, defined.

29-3511.
Disposition, defined.
Disposition shall mean information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also information disclosing the nature of the termination of the proceedings.
Source
Laws 1978, LB 713, § 11.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3514 - Person in interest, defined.

29-3514.
Person in interest, defined.
Person in interest shall mean the person who is the primary subject of a criminal justice record or any representative designated by such person, except that if the subject of the record is under legal disability, person in interest shall mean the person's parent or duly appointed legal representative.
Source
Laws 1978, LB 713, § 14.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3516 - Criminal justice agency; disposition of cases; report; procedure; commission; forms; rules and regulations; adopt.

29-3516.
Criminal justice agency; disposition of cases; report; procedure; commission; forms; rules and regulations; adopt.
Each criminal justice agency in this state shall report the disposition of cases which enter its area in the administration of criminal justice. As to cases in which fingerprint records must be reported to the Nebraska State Patrol under section 29-209, such disposition reports shall be made to the patrol. In all other cases when a centralized criminal history record information system is maintained by local units of government, dispositions made within the jurisdiction covered by such system shall be reported to the operator of that system or to the arresting agency in a noncentralized criminal history record information system. All dispositions shall be reported as promptly as feasible but not later than fifteen days after the happening of an event which constitutes a disposition. In order to achieve uniformity in reporting procedures, the commission shall prescribe the form to be used in reporting dispositions and may adopt rules and regulations to achieve efficiency and which will promote the ultimate purpose of insuring that each criminal justice information system maintained in this state shall contain complete and accurate criminal history information. All forms and rules and regulations relating to reports of dispositions by courts shall be approved by the Supreme Court of Nebraska.
Source
Laws 1978, LB 713, § 18.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3517 - Criminal justice agency; criminal history record information; process; assure accuracy.

29-3517.
Criminal justice agency; criminal history record information; process; assure accuracy.
Each criminal justice agency shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that it has reported inaccurate information of a material nature shall forthwith notify each criminal justice agency known to have received such information. Each criminal justice agency shall (1) maintain a listing of the individuals or agencies both in and outside of the state to which criminal history record information was released, a record of what information was released, and the date such information was released, (2) establish a delinquent disposition monitoring system, and (3) verify all record entries.
Source
Laws 1978, LB 713, § 19.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3518 - Criminal history record information; access; restrictions; requirements.

29-3518.
Criminal history record information; access; restrictions; requirements.
Direct access to criminal history record information system facilities, system operating environments, data file contents, and system documentation shall be restricted to authorized organizations and persons. Wherever criminal history record information is collected, stored, or disseminated, the criminal justice agency or agencies responsible for the operation of the system: (1) May determine for legitimate security purposes which personnel may work in a defined area where such information is stored, collected, or disseminated; (2) shall select and supervise all personnel authorized to have direct access to such information; (3) shall assure that an individual or agency authorized direct access is administratively held responsible for (a) the physical security of criminal history record information under its control or in its custody, and (b) the protection of such information from unauthorized access, disclosure, or dissemination; (4) shall institute procedures to reasonably protect any central repository of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or manmade disasters; (5) shall provide that each employee working with or having access to criminal history record information is to be made familiar with sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 and of any rules and regulations promulgated under such sections; and (6) shall require that direct access to criminal history record information shall be made available only to authorized officers or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system. This section shall not be construed to inhibit or limit dissemination of criminal history record information as authorized in other sections of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, including both review of original records and the right to have copies made of records when not prohibited.
Source
Laws 1978, LB 713, § 20.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3519 - Criminal justice information systems; computerized; access; limitations; security; conditions.

29-3519.
Criminal justice information systems; computerized; access; limitations; security; conditions.
Whenever computerized data processing is employed, effective and technologically advanced software and hardware designs shall be instituted to prevent unauthorized access to such information. Computer operations which support criminal justice information systems shall operate in accordance with procedures approved by the participating criminal justice agencies and assure that (1) criminal history record information is stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion by noncriminal justice terminals, (2) operation programs are used that will prohibit inquiry, record updates, or destruction of records from any terminal other than criminal justice system terminals which are so designated, (3) destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information, (4) operational programs are used to detect and store, for the output of designated criminal justice agency employees, all unauthorized attempts to penetrate any criminal history record information system, program, or file, (5) the programs specified in subdivisions (2) and (4) of this section are known only to criminal justice agency employees responsible for criminal history record information control, or individuals and agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and that the programs are kept continuously under maximum security conditions, and (6) a criminal justice agency may audit, monitor, and inspect procedures established in this section.
Source
Laws 1978, LB 713, § 21.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3520 - Criminal history record information; public record; criminal justice agencies; regulations; adopt.

29-3520.
Criminal history record information; public record; criminal justice agencies; regulations; adopt.
Complete criminal history record information maintained by a criminal justice agency shall be a public record open to inspection and copying by any person during normal business hours and at such other times as may be established by the agency maintaining the record. Criminal justice agencies may adopt such regulations with regard to inspection and copying of records as are reasonably necessary for the physical protection of the records and the prevention of unnecessary interference with the discharge of the duties of the agency.
Source
Laws 1978, LB 713, § 22.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3521 - Information; considered public record; classifications.

29-3521.
Information; considered public record; classifications.
In addition to public records under section 29-3520, information consisting of the following classifications shall be considered public record for purposes of dissemination: (1) Posters, announcements, lists for identifying or apprehending fugitives or wanted persons, or photographs taken in conjunction with an arrest for purposes of identification of the arrested person; (2) original records of entry such as police blotters, offense reports, or incident reports maintained by criminal justice agencies; (3) court records of any judicial proceeding; and (4) records of traffic offenses maintained by the Department of Motor Vehicles for the purpose of regulating the issuance, suspension, revocation, or renewal of driver's or other operator's licenses.
Source
Laws 1978, LB 713, § 23.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3522 - Criminal justice agency records; application to inspect; unavailable; procedure to provide records.

29-3522.
Criminal justice agency records; application to inspect; unavailable; procedure to provide records.
If the requested criminal justice history record or other public record, as defined in section 29-3521, of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall immediately notify the applicant of this fact. Such notification shall be in writing if requested by the applicant and shall state the agency, if known, which has custody or control of the record in question. If the requested criminal history record or other public record of a criminal justice agency is in the custody and control of the person to whom application is made but is not available at the time an applicant asks to examine it, the custodian shall immediately notify the applicant of such fact, in writing, if requested by the applicant. When requested by the applicant, the custodian shall set a date and hour within three working days at which time the record shall be available for inspection.
Source
Laws 1978, LB 713, § 24.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3524 - Criminal justice agencies; fees; assessment.

29-3524.
Criminal justice agencies; fees; assessment.
Criminal justice agencies may assess reasonable fees, not to exceed actual costs, for search, retrieval, storing, maintaining, and copying of criminal justice records and may waive fees at their discretion. When fees for certified copies or other copies, printouts, or photographs of such records are specifically prescribed by law, such specific fees shall apply. All fees collected by the Nebraska State Patrol pursuant to this section shall be remitted to the State Treasurer for credit to the Nebraska State Patrol Cash Fund.
Source
Laws 1978, LB 713, § 26;
Laws 1986, LB 851, § 4;
Laws 2003, LB 17, § 17.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3525 - Criminal history record information; review by person in interest; identity; verification.

29-3525.
Criminal history record information; review by person in interest; identity; verification.
Any person in interest, who asserts that he or she has reason to believe that criminal history information relating to him or her or the person in whose interest he or she acts is maintained by any system in this state, shall be entitled to review and receive a copy of such information for the purpose of determining its accuracy and completeness by making application to the agency operating such system. The applicant shall provide satisfactory verification of the subject's identity, which shall include name, date, and place of birth, and, when identification is doubtful, a set of fingerprint impressions may be taken upon fingerprint cards or forms commonly used for law enforcement purposes by law enforcement agencies. The review authorized by this section shall be limited to a review of criminal history record information.
Source
Laws 1978, LB 713, § 28.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3526 - Commission; powers and duties; rules and regulations.

29-3526.
Commission; powers and duties; rules and regulations.
The commission may by rule authorize a fee for each application for review under section 29-3525, and may charge for making copies or printouts as provided in section 29-3524. The commission shall implement section 29-3525 by rule and regulation, including but not limited to provisions for (1) administrative review and necessary correction of any claim by the individual to whom the information relates that the information is inaccurate or incomplete, (2) administrative appeal when a criminal justice agency refuses to correct challenged information to the satisfaction of the individual to whom the information relates, (3) supplying to an individual whose record has been corrected, upon his or her request, the names of all noncriminal justice agencies and individuals to which the data has been given, and (4) requiring the correcting agency to notify all criminal justice recipients of corrected information.
Source
Laws 1978, LB 713, § 29.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3527 - Violations; penalty.

29-3527.
Violations; penalty.
Any person who (1) permits unauthorized direct access to criminal history record information, (2) knowingly fails to disseminate or make public criminal history record information of official acts as required under sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, or (3) knowingly disseminates nondisclosable criminal history record information in violation of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, shall be guilty of a Class IV misdemeanor.
Source
Laws 1978, LB 713, § 30.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3528 - Violations; person aggrieved; remedies.

29-3528.
Violations; person aggrieved; remedies.
Whenever any officer or employee of the state, its agencies, or its political subdivisions, or whenever any state agency or any political subdivision or its agencies fails to comply with the requirements of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 or of regulations lawfully adopted to implement sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, any person aggrieved may bring an action, including but not limited to an action for mandamus, to compel compliance and such action may be brought in the district court of any district in which the records involved are located or in the district court of Lancaster County. The commission may request the Attorney General to bring such action.
Source
Laws 1978, LB 713, § 31.
Annotations
This section does not either expressly or by overwhelming implication waive sovereign immunity for actions brought against a state agency seeking compliance with the Criminal History Information Act. State ex rel. Rhiley v. Nebraska State Patrol, 301 Neb. 241, 917 N.W.2d 903 (2018).
This section authorizes an aggrieved individual to bring an action, not to file a motion in the criminal case the record of which he or she seeks to seal pursuant to section 29-3523. An "action" is a distinct and separate court proceeding, governed by separate pleadings and requiring separate process. State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).
This section provides a procedure for enforcing the privacy protections of the Security, Privacy, and Dissemination of Criminal History Information Act (including section 29-3523). State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3601 - Legislative findings.

29-3601.
Legislative findings.
The Legislature finds that pretrial diversion offers persons charged with criminal offenses and minor traffic violations an alternative to traditional criminal justice proceedings in that: (1) It permits participation by the accused only on a voluntary basis; (2) the accused has access to counsel for criminal offenses prior to a decision to participate; (3) it occurs prior to an adjudication but after arrest and a decision has been made by the prosecutor that the offense will support criminal charges; and (4) it results in dismissal of charges, or its equivalent, if the individual successfully completes the diversion process.
Source
Laws 1979, LB 573, § 2;
Laws 2002, LB 1303, § 1;
Laws 2003, LB 43, § 11.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3602 - Pretrial diversion program; established.

29-3602.
Pretrial diversion program; established.
The county attorney of any county may establish a pretrial diversion program with the concurrence of the county board. Any city attorney may establish a pretrial diversion program with the concurrence of the governing body of the city. Such programs shall be established pursuant to sections 29-3603 and 29-3605 to 29-3609.
Source
Laws 1979, LB 573, § 3;
Laws 1999, LB 295, § 1;
Laws 2002, LB 1303, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3603 - Pretrial diversion plan for criminal offenses; requirements.

29-3603.
Pretrial diversion plan for criminal offenses; requirements.
A pretrial diversion plan for criminal offenses shall include, but not be limited to:
(1) Formal eligibility guidelines established following consultation with criminal justice officials and program representatives. The guidelines shall be written and made available and routinely disseminated to all interested parties;
(2) A maximum time limit for any defendant's participation in a diversion program, beyond which no defendant shall be required or permitted to participate. Such maximum term shall be long enough to effect sufficient change in participants to deter them from criminal activity, but not so long as to prejudice the prosecution or defense of the case should the participant be returned to the ordinary course of prosecution;
(3) The opportunity for eligible defendants to review, with their counsel present, a copy of general diversion program requirements including average program duration and possible outcome, prior to making the decision to enter a diversion program;
(4) Dismissal of the diverted case upon completion of the program;
(5) A provision that participants shall be able to withdraw at any time before the program is completed and be remanded to the court process without prejudice to them during the ordinary course of prosecution;
(6) Enrollment shall not be conditioned on a plea of guilty; and
(7) Defendants who are denied enrollment in a diversion program shall be afforded an administrative review of the decision and written reasons for denial.
Source
Laws 1979, LB 573, § 4;
Laws 2002, LB 1303, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3604 - Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.

29-3604.
Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.
No person charged with a violation of section 60-6,196 or 60-6,197 shall be eligible for pretrial diversion under a program established pursuant to sections 29-3601 to 29-3603 and 29-3605 to 29-3609.
Source
Laws 1982, LB 568, § 4;
Laws 1993, LB 370, § 15;
Laws 2002, LB 1303, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3605 - Minor traffic violations; terms, defined.

29-3605.
Minor traffic violations; terms, defined.
For purposes of sections 29-3606 to 29-3609:
(1) Department means the Department of Motor Vehicles; and
(2) Minor traffic violation does not include leaving the scene of an accident, sections 60-696 to 60-698, driving under the influence of alcoholic liquor or drugs, sections 60-4,164, 60-6,196, and 60-6,211.01, reckless driving or willful reckless driving, sections 60-6,213 and 60-6,214, participating in a speed competition, section 60-6,195, operating a motor vehicle to avoid arrest, section 28-905, refusing a breath or blood test, sections 60-4,164, 60-6,197, 60-6,197.04, and 60-6,211.02, driving on a suspended or revoked operator's license, sections 60-4,107 to 60-4,110 and 60-6,197.06, speeding twenty or more miles per hour over the speed limit, operating a motor vehicle without insurance or other financial responsibility in violation of the Motor Vehicle Safety Responsibility Act, any injury accident, or any violation which is classified as a misdemeanor or a felony.
Source
Laws 2002, LB 1303, § 5;
Laws 2004, LB 208, § 3.
Cross References
Motor Vehicle Safety Responsibility Act, see section 60-569.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3606 - Minor traffic violations; pretrial diversion plan; driver's safety training program.

29-3606.
Minor traffic violations; pretrial diversion plan; driver's safety training program.
(1) A pretrial diversion plan for minor traffic violations shall consist of a driver's safety training program.
(2) A driver's safety training program shall:
(a) Provide a curriculum of driver's safety training, as approved by the department, which is designed to educate persons committing minor traffic violations and to deter future violations; and
(b) Require payment of a fee approved by the department which is reasonable and appropriate to defray the cost of the presentation of the program. A jurisdiction shall charge a uniform fee for participation in a driver's safety training program regardless of the traffic violation for which the applicant was cited. Fees received by a jurisdiction offering a driver's safety training program may be utilized by such jurisdiction to pay for the costs of administering and operating such program, to promote driver safety, and to pay for the costs of administering and operating other safety and educational programs within such jurisdiction.
(3) The program administrator of each driver's safety training program shall keep a record of attendees and shall be responsible for determining eligibility. A report of attendees at all driver's safety training programs in the state shall be shared only with similar programs throughout the state. All procedures for sharing records of attendees among such programs shall conform with the rules and regulations adopted and promulgated by the department to assure that no individual takes the approved course more than once within any three-year period in Nebraska. Such record of attendees and any related records shall not be considered a public record as defined in section 84-712.01.
(4) The department shall approve the curriculum and fees of each program and shall adopt and promulgate rules and regulations governing such programs, including guidelines for fees, curriculum, and instructor certification.
Source
Laws 2002, LB 1303, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3607 - Minor traffic violations; driver's safety training program; certificate; fee.

29-3607.
Minor traffic violations; driver's safety training program; certificate; fee.
Any organization or governmental entity desiring to offer a driver's safety training program shall first obtain a certificate from the department, to be renewed annually. The certificate fee and the annual renewal fee shall each be fifty dollars. The fee collected by the department from the organization or governmental entity shall be remitted to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.
Source
Laws 2002, LB 1303, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3608 - Minor traffic violations; pretrial diversion program; eligibility.

29-3608.
Minor traffic violations; pretrial diversion program; eligibility.
Any driver holding a commercial driver's license or CLP-commercial learner's permit issued pursuant to the Motor Vehicle Operator's License Act shall not be eligible to participate in a program under sections 29-3605 to 29-3609 if such participation would be in noncompliance with federal law or regulation and subject the state to possible loss of federal funds.
Source
Laws 2002, LB 1303, § 8;
Laws 2003, LB 562, § 1;
Laws 2005, LB 76, § 1;
Laws 2011, LB178, § 1;
Laws 2014, LB983, § 1.
Cross References
Motor Vehicle Operator's License Act, see section 60-462.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3704 - Hearing; person's rights.

29-3704.
Hearing; person's rights.
At each hearing conducted pursuant to sections 29-3701 to 29-3703, the person shall be entitled to assistance of counsel and such additional rights as are guaranteed by the laws and Constitution of the State of Nebraska and by the United States Constitution.
Source
Laws 1981, LB 213, § 6.
Annotations
Due process in review hearings is guaranteed under this section. State v. Hayden, 237 Neb. 286, 466 N.W.2d 66 (1991).
The rights one enjoys at a section 29-3703 hearing include adherence by the court to the Nebraska Evidence Rules and the right of appellant to confront and cross-examine adverse witnesses. State v. Hayden, 237 Neb. 286, 466 N.W.2d 66 (1991).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3705 - Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.

29-3705.
Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.
The court which tried and acquitted any person who, as of May 29, 1981, stands committed by an order of a mental health board pursuant to the Nebraska Mental Health Commitment Act in consequence of the insanity or derangement which was the ground of the acquittal, shall have jurisdiction over such person for disposition consistent with the provisions of sections 29-2203 and 29-3701 to 29-3704. Within sixty days of May 29, 1981, the county attorney in the jurisdiction of the court which tried and acquitted the person shall file with the court which tried and acquitted the person and shall serve on the person a petition asserting the court's jurisdiction over the person for disposition consistent with sections 29-3701 to 29-3704. The court shall then conduct an evidentiary hearing on the status of the person pursuant to section 29-3703.
Source
Laws 1981, LB 213, § 7;
Laws 2004, LB 1083, § 88.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3706 - Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.

29-3706.
Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.
All pleadings, evidence admitted, orders, judgments, and memoranda of findings and conclusions made in the proceedings held pursuant to sections 29-3701 to 29-3704 shall be made a part of the official record of the underlying criminal case. The court may direct that the medical and psychiatric records not received into evidence at such proceedings be kept confidential and not be available for public inspection.
Source
Laws 1981, LB 213, § 8.
Annotations
This section does not regulate the release of trial records, but merely makes all pleadings, evidence, and orders related to a review hearing part of the official record in the underlying case. State v. Cribbs, 237 Neb. 947, 469 N.W.2d 108 (1991).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3801 - Terms, defined.

29-3801.
Terms, defined.
As used in sections 29-3801 to 29-3809, unless the context otherwise requires:
(1) Director shall mean the Director of Correctional Services; and
(2) Prosecutor shall mean a prosecuting attorney as defined in section 29-104.
Source
Laws 1984, LB 591, § 1.
Annotations
The procedure set out in section 29-3801 et seq., rather than that in section 29-1201 et seq., applies to instate prisoners. State v. Ebert, 235 Neb. 330, 455 N.W.2d 165 (1990).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3802 - Notice of untried charges and rights; director; duties.

29-3802.
Notice of untried charges and rights; director; duties.
The director shall promptly inform in writing each prisoner in the custody of the Department of Correctional Services of the source and nature of any untried indictment, information, or complaint against him or her of which the director has knowledge and of his or her right to make a request for final disposition thereof.
Source
Laws 1984, LB 591, § 2.
Annotations
Where the prisoner has actual knowledge of the pending charge, this section is deemed satisfied. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3803 - Prisoner; request final disposition; director; duties.

29-3803.
Prisoner; request final disposition; director; duties.
Any person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in this state. Upon receiving any request from a prisoner for final disposition of any untried indictment, information, or complaint, the director shall:
(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner;
(2) Send by registered or certified mail, return receipt requested, one copy of the request and the certificate to the court in which the untried indictment, information, or complaint is pending and one copy to the prosecutor charged with the duty of prosecuting it; and
(3) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending.
Source
Laws 1984, LB 591, § 3.
Annotations
It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to this section or section 29-3804 which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
The statutory right of a person in the custody of the Nebraska Department of Correctional Services to a speedy trial on pending criminal charges in Nebraska is governed by sections 29-3801 to 29-3809. The denial of a speedy trial claim governed by these sections is a final, appealable order. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3804 - Prosecutor; require prisoner's attendance; procedure.

29-3804.
Prosecutor; require prisoner's attendance; procedure.
The prosecutor in a city or county in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner, against whom he or she has lodged a detainer and who is serving a term of imprisonment in any facility operated by the Department of Correctional Services, made available upon presentation of a written request for temporary custody or availability to the director. The court having jurisdiction of such indictment, information, or complaint shall duly approve, record, and transmit the prosecutor's request. Upon receipt of the prosecutor's written request the director shall:
(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner; and
(2) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending in order that speedy and efficient prosecution may be had.
Source
Laws 1984, LB 591, § 4.
Annotations
Subsection (2) of this section does not require a prosecutor to file a detainer against any prisoner, and the filing of a detainer is not required in order for a prisoner to assert his or her right to a speedy trial pursuant to section 29-3803. It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to section 29-3803 or this section which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
A prosecutor must lodge a detainer in order to trigger the expediting provisions of Chapter 29, article 38. Bradley v. Hopkins, 246 Neb. 646, 522 N.W.2d 394 (1994).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3806 - Temporary custody; conditions; limitations.

29-3806.
Temporary custody; conditions; limitations.
The temporary custody referred to in sections 29-3803 and 29-3804 shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of a detainer lodged with the director or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance at court and transportation to or from any place where the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. However, the prisoner shall not be classified as a pretrial detainee but shall be deemed to remain in custody of the Department of Correctional Services and any escape from temporary custody may be dealt with in the same manner as an escape from the Department of Correctional Services' facility to which he or she was confined.
Source
Laws 1984, LB 591, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3808 - Mentally ill person; sections not applicable.

29-3808.
Mentally ill person; sections not applicable.
No provision of sections 29-3801 to 29-3809 and no remedy made available by sections 29-3801 to 29-3809 shall apply to any person who is adjudged to be mentally ill.
Source
Laws 1984, LB 591, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3809 - Transportation costs; how paid.

29-3809.
Transportation costs; how paid.
The costs of transporting prisoners to and from the city or county in which any untried indictment, information, or complaint is pending as provided in sections 29-3801 to 29-3809 shall be paid by the city or county.
Source
Laws 1984, LB 591, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3901 - Terms, defined.

29-3901.
Terms, defined.
For purposes of sections 29-3901 to 29-3908:
(1) Court shall mean a district court or a county court;
(2) Felony defendant shall mean a person who is charged by complaint, information, or indictment with or who is under arrest for investigation or on suspicion that he or she may have committed any criminal offense which may be punishable by imprisonment in a Department of Correctional Services adult correctional facility;
(3) Indigent shall mean the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family. Before a felony defendant's initial court appearance, the determination of his or her indigency shall be made by the public defender, but thereafter it shall be made by the court; and
(4) Judge shall mean a judge of the district court, a judge of the county court, or a clerk magistrate.
Source
Laws 1972, LB 1463, § 3;
Laws 1979, LB 241, § 2;
R.S.1943, (1989), § 29-1804.04;
Laws 1990, LB 822, § 19;
Laws 1993, LB 31, § 14.
Annotations
In determining whether a criminal defendant is indigent as the term is used in this section, a court is to consider the seriousness of the offense; the defendant's income; the availability of resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988); State v. Masilko, 226 Neb. 45, 409 N.W.2d 322 (1987).
To determine whether a defendant in a criminal case is indigent, requiring court-appointed counsel, a court must consider factors listed. State v. Richter, 225 Neb. 837, 408 N.W.2d 717 (1987).
This section defines indigency and along with section 29-1804.05 requires the court to make a reasonable inquiry as to a defendant's financial condition. To determine indigency the court must consider the seriousness of the offense; the defendant's income; the availability of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Lafler, 224 Neb. 613, 399 N.W.2d 808 (1987).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3902 - Indigent defendant; right to counsel.

29-3902.
Indigent defendant; right to counsel.
At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent.
If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.
Source
Laws 1972, LB 1463, § 4;
Laws 1975, LB 285, § 2;
Laws 1984, LB 189, § 3;
R.S.1943, (1989), § 29-1804.05;
Laws 1990, LB 822, § 20.
Annotations
The requirement of this section is that before counsel is provided at public expense for a criminal defendant, there must be a reasonable inquiry to determine the defendant's financial condition. State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988).
Section 29-1804.04 defines indigency and along with this section requires the court to make a reasonable inquiry as to a defendant's financial condition. To determine indigency the court must consider the seriousness of the offense; the defendant's income; the availability of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. State v. Lafler, 224 Neb. 613, 399 N.W.2d 808 (1987).
Failure to inquire into a defendant's indigency for appointment of counsel at the defendant's first court appearance does not result in prejudicial error if the defendant is not ultimately sentenced to time in jail. State v. Golden, 8 Neb. App. 601, 599 N.W.2d 224 (1999).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3903 - Indigent defendant; right to counsel; appointment.

29-3903.
Indigent defendant; right to counsel; appointment.
At a felony defendant's first appearance before a judge, the judge shall advise him or her of the right to court-appointed counsel if such person is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine such person's financial condition and shall require him or her to execute an affidavit of indigency for filing with the clerk of the court.
If the court determines the defendant to be indigent, it shall formally appoint the public defender or, in counties not having a public defender, an attorney or attorneys licensed to practice law in this state, not exceeding two, to represent the indigent felony defendant at all future critical stages of the criminal proceedings against such defendant, consistent with the provisions of section 23-3402, but appointed counsel other than the public defender must obtain leave of court before being authorized to proceed beyond an initial direct appeal to either the Court of Appeals or the Supreme Court of Nebraska to any further direct, collateral, or postconviction appeals to state or federal courts.
A felony defendant who is not indigent at the time of his or her first appearance before a judge may nevertheless assert his or her indigency at any subsequent stage of felony proceedings, at which time the judge shall consider appointing counsel as otherwise provided in this section.
The judge, upon filing such order for appointment, shall note all appearances of appointed counsel upon the record. If at the time of appointment of counsel the indigent felony defendant and appointed counsel have not had a reasonable opportunity to consult concerning the prosecution, the judge shall continue the arraignment, trial, or other next stage of the felony proceedings for a reasonable period of time to allow for such consultation.
Source
Laws 1972, LB 1463, § 6;
Laws 1979, LB 241, § 3;
Laws 1984, LB 189, § 4;
R.S.1943, (1989), § 29-1804.07;
Laws 1990, LB 822, § 21;
Laws 1991, LB 732, § 89;
Laws 2018, LB193, § 62.
Annotations
Defendant's right to desire to have counsel appointed was violated. State v. Sondag, 214 Neb. 659, 335 N.W.2d 306 (1983).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-3904 - Appointment of other counsel; when.

29-3904.
Appointment of other counsel; when.
(1) Nothing in sections 23-3402, 29-3902, and 29-3903 shall prevent any judge from appointing counsel other than the public defender or other substitute counsel when the public defender or counsel initially appointed might otherwise be required to represent conflicting interests or for other good cause shown, from not appointing any counsel for any indigent felony defendant who expressly waives his or her right to such counsel at any stage of felony proceedings, or from appointing the public defender or other counsel as may be required or permitted by other applicable law.
(2) In selecting counsel to represent an indigent felony defendant, the prosecuting attorney shall not have any role whatsoever in the selection or appointment process of the counsel by the court, including, but not limited to, any individual appointment suggestions.
Source
Laws 1972, LB 1463, § 7;
Laws 1979, LB 241, § 4;
R.S.1943, (1989), § 29-1804.08;
Laws 1990, LB 822, § 22;
Laws 2003, LB 610, § 1.