reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,120 - Parolee; violation of parole; hearing.

83-1,120.
Parolee; violation of parole; hearing.
Whenever a parolee is charged with a violation of parole, he or she shall be entitled to a prompt hearing on such charge by the Board of Parole, which hearing in no event shall occur more than thirty days after receipt of the parole officer's written report. At such hearing, the parolee shall be permitted to be present, to testify, to produce witnesses, to cross-examine adverse witnesses, and to introduce such other evidence as may be pertinent. The parolee shall be informed of his or her right to request counsel at such hearing, and if the parolee thereafter makes such request, based on a timely and colorable claim (1) that he or she has not committed the alleged violation of the conditions upon which he or she is at liberty, or (2) that, even if the violation is a matter of public record or is uncontested, there are substantial reasons which justified or mitigated the violation and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present, and upon consideration of whether or not the parolee appears to be capable of speaking effectively for himself or herself, the board in the exercise of sound discretion may provide counsel unless retained counsel is available to the parolee. In every case in which a request for counsel is refused, the grounds for refusal shall be stated in the record.
Source
Laws 1969, c. 817, § 51, p. 3099;
Laws 1972, LB 1499, § 11;
Laws 1973, LB 524, § 6;
Laws 2018, LB841, § 46.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,121 - Parolee; legal custody of Board of Parole; action of board.

83-1,121.
Parolee; legal custody of Board of Parole; action of board.
A committed offender while on parole shall remain in the legal custody and control of the Board of Parole. The board may at any time revoke the parole of an offender or recommit him or her to the custody of the Department of Correctional Services, with or without cause.
Source
Laws 1969, c. 817, § 52, p. 3100;
Laws 2018, LB841, § 47.
Annotations
The Nebraska Board of Parole retained custody over a parolee and was empowered to revoke his parole for violating parole condition barring him from using social media. Tyrrell v. Frakes, 309 Neb. 85, 958 N.W.2d 673 (2021).
Constitutional due process does not require the Board of Parole to conduct an adversary hearing to revoke parole nor does it require appointment of counsel for indigent parolees nor compulsory process. Brown v. Sigler, 186 Neb. 800, 186 N.W.2d 735 (1971).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,122 - Parolee; violation of parole; action of Board of Parole.

83-1,122.
Parolee; violation of parole; action of Board of Parole.
(1) If the board finds that the parolee has engaged in criminal conduct, the board may order revocation of the parolee's parole.
(2) If the board finds that the parolee did violate a condition of parole but is of the opinion that revocation of parole is not appropriate, the board may order that:
(a) The parolee receive a reprimand and warning;
(b) Parole supervision and reporting be intensified;
(c) Good time granted pursuant to section 83-1,108 be forfeited or withheld;
(d) The parolee serve a custodial sanction of up to thirty days in a correctional facility or a contract facility as defined in section 83-1,119; or
(e) The parolee be required to conform to one or more additional conditions of parole which may be imposed in accordance with the Nebraska Treatment and Corrections Act.
(3) Cumulative custodial sanctions in a correctional facility or a contract facility under this section and section 83-1,119 shall not exceed sixty days. If a parolee has previously received sixty days of cumulative custodial sanctions before the current violation, the board shall either order revocation of the parolee's parole or one or more of the other sanctions described in subsection (2) of this section.
(4) Time spent in custodial sanctions under this section and section 83-1,119 shall be credited to the parolee's sentence.
Source
Laws 1969, c. 817, § 53, p. 3100;
Laws 1992, LB 816, § 7;
Laws 1995, LB 371, § 23;
Laws 2015, LB605, § 103;
Laws 2016, LB1094, § 38.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,122.01 - Board of Parole; jurisdiction.

83-1,122.01.
Board of Parole; jurisdiction.
(1) Except as provided in subsection (3) of this section, the board does not have jurisdiction over a person who is committed to the department in accordance with section 29-2204.02 for a Class III, IIIA, or IV felony committed on or after August 30, 2015, unless the person is also committed to the department in accordance with section 29-2204 for (a) a sentence of imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, or (b) a sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony.
(2) Except as provided in subsection (3) of this section, the board does not have jurisdiction over a person committed to the department for a misdemeanor sentence imposed consecutively or concurrently with a Class III, IIIA, or IV felony sentence for an offense committed on or after August 30, 2015, unless the person is also committed to the department in accordance with section 29-2204 for (a) a sentence of imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, or (b) a sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony.
(3) This section does not apply to medical parole under section 83-1,110.02 or geriatric parole under section 83-1,110.05.
Source
Laws 2015, LB605, § 104;
Laws 2016, LB1094, § 40;
Laws 2018, LB841, § 48;
Laws 2023, LB50, § 52.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,122.02 - Technical parole violation residential housing program; pilot program; participants; placement; requirements; report.

83-1,122.02.
Technical parole violation residential housing program; pilot program; participants; placement; requirements; report.
(1) The Division of Parole Supervision and the department shall create a pilot program to establish a technical parole violation residential housing program. The purpose of the program is to provide accountability and intensive support for individuals on parole who commit technical violations, without revoking them fully back to prison.
(2) The program shall provide a structured environment for selected individuals on parole who have committed technical violations. The program shall be based upon a therapeutic community model. Participants in the program shall, at a minimum, be required to take part in counseling, educational, and other programs as the department deems appropriate, to provide community service, and to submit to drug and alcohol screening.
(3) An individual on parole shall not be placed in the pilot program until the Division of Parole Supervision has determined the individual is a suitable candidate in accordance with policies and guidelines developed by the division.
(4) On or before June 1, 2024, the Division of Parole Supervision shall electronically submit a report to the Judiciary Committee of the Legislature regarding the pilot program. The report shall evaluate effects of the pilot program on recidivism and make recommendations regarding expansion of or changes to the program.
(5) For purposes of this section, technical violation has the same meaning as in section 83-1,119.
Source
Laws 2023, LB50, § 55.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,123 - Parole; revoked; action of Board of Parole.

83-1,123.
Parole; revoked; action of Board of Parole.
(1) A parolee whose parole is revoked shall be recommitted to the department until discharge from the custody of the state becomes mandatory or until reparoled by the board.
(2) The time from the date of the parolee's declared delinquency until the date of arrest for the custody of the board shall not be counted as any portion of the time served.
(3) A parolee whose parole has been revoked shall be considered by the board for reparole at any time in the same manner as any other committed offender eligible for parole.
(4) Except in the case of a parolee who has left the jurisdiction or his or her place of residence, action revoking a parolee's parole and recommitting the parolee for violation of the conditions of parole must be taken before the expiration of the parole term less good time. A parolee who has left the jurisdiction or his or her place of residence shall be treated as a parole violator and, when apprehended, shall be subject to recommitment or to supervision for the balance of the parole term as of the date of the violation.
Source
Laws 1969, c. 817, § 54, p. 3100;
Laws 1972, LB 1499, § 12;
Laws 1992, LB 816, § 8;
Laws 1995, LB 371, § 24;
Laws 2003, LB 46, § 26.
Annotations
A Nebraska parole violator who is serving an Iowa sentence imposed for a subsequent offense does not recommence serving his Nebraska sentence until he has been released from custody by Iowa and arrested for the custody of the Nebraska Board of Parole. Falkner v. Neb. Board of Parole, 213 Neb. 474, 330 N.W.2d 141 (1983).
Before a writ of mandamus may properly issue, an official's duty must be clearly expressed. Under this statute the board has no duty to recommit a parolee until he is in legal custody of the board. State ex rel. Jakes v. Nebraska Board of Parole, 212 Neb. 181, 322 N.W.2d 394 (1982).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,125 - Warrant or detainer; Director of Supervision and Services; board; duties.

83-1,125.
Warrant or detainer; Director of Supervision and Services; board; duties.
(1) If a warrant or detainer is placed against a committed offender by a court, parole agency, or other authority of this or any other jurisdiction, the Director of Supervision and Services shall inquire before such offender becomes eligible for parole whether the authority concerned intends to execute or withdraw the warrant or detainer when the offender is released.
(2) If the authority notifies the Director of Supervision and Services that it intends to execute the warrant or detainer when the offender is released, the Director of Supervision and Services shall advise the authority concerned of the sentence under which the offender is held, the time of parole eligibility, any decision of the board relating to the offender, and the nature of the offender's adjustment during imprisonment and shall give reasonable notice to such authority of the offender's release date.
(3) The board may parole an offender who is eligible for release to a warrant or detainer. If an offender is paroled to such a warrant or detainer, the board may provide, as a condition of release, that if the charge or charges on which the warrant or detainer is based are dismissed, or are satisfied after conviction and sentence, prior to the expiration of the offender's parole term, the authority to whose warrant or detainer the offender is released shall return the offender to serve the remainder of the parole term or such part as the board may determine.
(4) If a person paroled to a warrant or detainer is thereafter sentenced and placed on probation, or released on parole in another jurisdiction, prior to the expiration of the parole term less good time in this state, the board may permit the person to serve the remainder of the parole term or such part as the board may determine concurrently with the person's new probation or parole term. Such concurrent terms may be served in either of the two jurisdictions, and supervision shall be administered in accordance with the Interstate Compact for Adult Offender Supervision.
Source
Laws 1969, c. 817, § 56, p. 3101;
Laws 1992, LB 816, § 9;
Laws 2003, LB 46, § 27;
Laws 2018, LB841, § 49.
Cross References
Interstate Compact for Adult Offender Supervision, see section 29-2639.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,126 - Board of Pardons; created; members; secretary.

83-1,126.
Board of Pardons; created; members; secretary.
There is hereby created the Board of Pardons which shall consist of the Governor, Attorney General, and Secretary of State. The Governor shall be chairperson of the board. The Secretary of State shall be secretary of the board and keep its records or designate such a record keeper.
Source
Laws 1969, c. 817, § 57, p. 3102;
Laws 1994, LB 677, § 11.
Annotations
Communications to the Board of Pardons are protected by absolute privilege. Kocontes v. McQuaid, 279 Neb. 335, 778 N.W.2d 410 (2010).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,126.01 - Persons subject to act.

83-1,126.01.
Persons subject to act.
Any person in the custody of the Department of Correctional Services or under supervision of the Board of Parole shall be subject to the provisions of the Nebraska Treatment and Corrections Act.
Source
Laws 1975, LB 567, § 9;
Laws 1994, LB 677, § 12.
Annotations
Approval of the Board of Pardons to apply this provision was required where the petitioner would be released from custodial confinement under this provision at an earlier date than he would have been under the prior law in effect at the time of his sentencing. Actions of the Board of Pardons in allowing or denying the benefits of this provision are an exercise of its power to grant clemency, and not subject to ordinary due process requirements. Whited v. Bolin, 210 Neb. 32, 312 N.W.2d 691 (1981).
This section means prisoners need the approval of the Board of Pardons before the provisions of Laws 1975, L.B. 567, apply retroactively. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,127 - Board of Pardons; duties.

83-1,127.
Board of Pardons; duties.
The Board of Pardons shall:
(1) Exercise the pardon authority as defined in section 83-170 for all criminal offenses except treason and cases of impeachment;
(2) Adopt and promulgate rules and regulations for its own administration and operation;
(3) Appoint and remove its employees as prescribed by the State Personnel System and delegate appropriate powers and duties to them;
(4) Consult with the Board of Parole concerning applications for the exercise of pardon authority;
(5) Consult with the Department of Motor Vehicles concerning applications received from the department pursuant to section 60-6,209 for the exercise of pardon authority; and
(6) Exercise all powers and perform all duties necessary and proper in carrying out its responsibilities under the provisions of the Nebraska Treatment and Corrections Act.
Source
Laws 1969, c. 817, § 58, p. 3102;
Laws 1979, LB 322, § 66;
Laws 1981, LB 545, § 44;
Laws 1992, Third Spec. Sess., LB 13, § 6;
Laws 1994, LB 677, § 13;
Laws 1998, LB 309, § 25;
Laws 2023, LB50, § 54.
Effective Date: September 2, 2023
Cross References
State Personnel System, see section 81-1301 et seq.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,127.01 - Department of Correctional Services; provide services to Board of Pardons and Board of Parole.

83-1,127.01.
Department of Correctional Services; provide services to Board of Pardons and Board of Parole.
The department, subject to available resources, shall provide all accounting, budgeting, and payroll services to the Board of Pardons and the Board of Parole at no expense to such boards.
Source
Laws 1992, Third Spec. Sess., LB 13, § 8;
Laws 1994, LB 677, § 14.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,128 - Board of Pardons; issue process; service; compel attendance of witnesses; fees.

83-1,128.
Board of Pardons; issue process; service; compel attendance of witnesses; fees.
In the performance of official duties, the Board of Pardons or any member thereof shall have the power to issue subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of an inquiry, and to administer oaths and take the testimony of persons under oath. Subpoenas so issued may be served by any sheriff, constable, police officer, parole officer, or peace officer in the same manner as similar process in the district court. Any person who knowingly testifies falsely, submits any false affidavit or deposition, fails to appear when subpoenaed, or fails or refuses to produce such material pursuant to the subpoena shall be subject to the same orders and penalties to which a person before the district court is subject. Any district court of this state, upon application by the board, may compel the attendance of such witnesses, the production of such material, and the giving of testimony before the board by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before such court. Every person shall attend as a witness when subpoenaed anywhere within the state and shall be entitled to the same fees, if requested, as a witness in the district court and mileage as provided in section 81-1176 for state employees. Fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance of witnesses shall be paid by the board.
Source
Laws 1969, c. 817, § 59, p. 3102;
Laws 1981, LB 204, § 203;
Laws 1988, LB 864, § 65.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,129 - Board of Pardons; pardon authority; application; consideration.

83-1,129.
Board of Pardons; pardon authority; application; consideration.
(1) Any person desiring the Board of Pardons to exercise its pardon authority shall request an application from its secretary. The application shall be returned to the secretary and shall state the specific relief requested and such other information as is prescribed by the board.
(2) Any person whose operator's license has been revoked pursuant to a conviction for a violation of section 60-6,196 or 60-6,197 for a third or subsequent time for a period of fifteen years and who desires the Board of Pardons to exercise its pardon authority shall make application pursuant to section 60-6,209.
(3) Any application filed pursuant to subsection (1) or (2) of this section shall be considered with or without a hearing by the board at its next regular scheduled meeting. If a hearing is held, it shall be conducted in an informal manner and a record of the proceedings shall be made and preserved according to the guidelines of the board.
Source
Laws 1969, c. 817, § 60, p. 3103;
Laws 1994, LB 677, § 15;
Laws 1998, LB 309, § 26;
Laws 2003, LB 209, § 17;
Laws 2004, LB 208, § 23.
Annotations
There are no provisions in Nebraska's Constitution or its statutes creating a liberty interest in commutation hearings other than the right to file an application for commutation. Otey v. State, 240 Neb. 813, 485 N.W.2d 153 (1992).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,130 - Board of Pardons; pardon authority; application; limitation; relief granted or denied.

83-1,130.
Board of Pardons; pardon authority; application; limitation; relief granted or denied.
(1) After consideration of the application and after such further investigations as it may deem appropriate, the Board of Pardons shall either grant or deny the relief requested or grant such other relief as may be justified. The board may decline to accept further applications after the initial application for pardon from an offender for any prescribed amount of time, but in no case shall such time exceed two years. The board shall notify the offender in writing of any restriction for subsequent applications after the hearing on the initial application.
(2) The Board of Pardons may, in appropriate cases when a person has been convicted of a felony and has been granted a pardon by the appropriate authority of this state or is hereafter granted a pardon for a conviction occurring prior to, on, or subsequent to August 25, 1969, empower the Governor to expressly authorize such person to receive, possess, or transport in commerce a firearm.
(3) All actions of the Board of Pardons shall be by majority vote and shall be filed in the office of the Secretary of State or the office designated by the Secretary of State.
Source
Laws 1969, c. 817, § 61, p. 3103;
Laws 1994, LB 677, § 16.
Annotations
With regard to the actions of the Board of Pardons in the exercise of its power to grant commutations, the exercise or nonexercise of a discretionary power to grant clemency is not subject to ordinary due process requirements. The Nebraska Board of Pardons has the unfettered discretion to grant or deny a commutation of a lawfully imposed sentence for any reason or for no reason at all. Otey v. State, 240 Neb. 813, 485 N.W.2d 153 (1992).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,131 - Offender; granted a reprieve; commit to Department of Correctional Services.

83-1,131.
Offender; granted a reprieve; commit to Department of Correctional Services.
An offender who has been granted a reprieve may be committed by the Board of Pardons to the Department of Correctional Services. The costs of transporting the offender to the department shall be allowed and paid by the state.
Source
Laws 1969, c. 817, § 62, p. 3104.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,132 - Committed offender under sentence of death; application for exercise of pardon authority by Board of Pardons; denial; date of execution; fix.

83-1,132.
Committed offender under sentence of death; application for exercise of pardon authority by Board of Pardons; denial; date of execution; fix.
Whenever an application for exercise of the pardon authority is filed with the secretary of the Board of Pardons by a committed offender who is under a sentence of death, the sentence shall not be carried out until the board rules upon such application. If the board denies the relief requested it may set the time and date of execution and refuse to accept for filing further applications from such offender.
Source
Laws 1969, c. 817, § 63, p. 3104;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-1,132 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
The Board of Pardons may set the time and date of execution only when it denies an application for the exercise of pardon authority. An application filed under this section results in an automatic stay of execution until a ruling by the pardons board. Otey v. State, 240 Neb. 813, 485 N.W.2d 153 (1992).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,133 - Prohibited acts; threat of harm to member of Board of Pardons; penalty.

83-1,133.
Prohibited acts; threat of harm to member of Board of Pardons; penalty.
A person shall be guilty of a Class IV felony if he threatens or attempts to threaten harm to a member of the Board of Pardons with the purpose to influence his decision, opinion, recommendation, vote, or other exercise of discretion as member of the board or if he purposely or knowingly privately addresses to any member of the board any representation, entreaty, argument or other communication designed to influence the outcome of any application which is or may come before the board on the basis of considerations other than those authorized by law.
Source
Laws 1969, c. 817, § 64, p. 3104;
Laws 1977, LB 39, § 311;
Laws 1978, LB 748, § 47.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,134 - Administrative procedure provisions; not applicable.

83-1,134.
Administrative procedure provisions; not applicable.
The provisions of the Administrative Procedure Act shall not apply to the Board of Pardons or to the exercise of its functions.
Source
Laws 1969, c. 817, § 65, p. 3104.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,135 - Act, how cited.

83-1,135.
Act, how cited.
Sections 83-170 to 83-1,135.05 shall be known and may be cited as the Nebraska Treatment and Corrections Act.
Source
Laws 1969, c. 817, § 85, p. 3112;
Laws 1992, Third Spec. Sess., LB 13, § 9;
Laws 1995, LB 371, § 25;
Laws 1997, LB 274, § 2;
Laws 1997, LB 364, § 21;
Laws 1998, LB 309, § 28;
Laws 2003, LB 46, § 28;
Laws 2005, LB 538, § 24;
Laws 2006, LB 1199, § 99;
Laws 2011, LB675, § 11;
Laws 2013, LB44, § 4;
Laws 2015, LB598, § 32;
Laws 2015, LB605, § 105;
Laws 2016, LB867, § 2;
Laws 2016, LB1094, § 41;
Laws 2018, LB841, § 51;
Laws 2023, LB50, § 56.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,135.02 - Changes under Laws 2003, LB 46; changes under Laws 2015, LB605; changes under Laws 2016, LB1094; changes under Laws 2018, LB841; changes under Laws 2023, LB50; applicability; legislative intent.

83-1,135.02.
Changes under Laws 2003, LB 46; changes under Laws 2015, LB605; changes under Laws 2016, LB1094; changes under Laws 2018, LB841; changes under Laws 2023, LB50; applicability; legislative intent.
(1) It is the intent of the Legislature that the changes made to the Nebraska Treatment and Corrections Act by Laws 2003, LB 46, with respect to parole eligibility apply to all committed offenders under sentence and not on parole on May 24, 2003, and to all persons sentenced on and after such date.
(2) It is the intent of the Legislature that the changes made to sections 29-2262, 29-2266, 29-2281, 83-182.01, 83-183, 83-183.01, 83-184, 83-1,119, and 83-1,122 by Laws 2015, LB605, and sections 83-184.01, 83-1,100.02, and 83-1,100.03 apply to all committed offenders under sentence, on parole, or on probation on August 30, 2015, and to all persons sentenced on and after such date.
(3) It is the intent of the Legislature that the changes made to sections 28-105, 29-2204.02, 29-2260, 29-2262, 29-2263, 29-2266, 29-2267, 29-2268, 47-401, 47-502, 83-187, 83-1,119, 83-1,122, and 83-1,122.01 by Laws 2016, LB1094, and sections 29-2266.01 to 29-2266.03 and 83-1,135.03 apply to all committed offenders under sentence, on parole, or on probation on or after April 20, 2016, and to all persons sentenced on and after such date.
(4) It is the intent of the Legislature that the changes made to sections 83-1,110.02 and 83-1,122.01 by Laws 2018, LB841, apply to all committed offenders under sentence or on parole on or after July 19, 2018, and to all persons sentenced on and after such date.
(5) Except as otherwise provided in section 83-1,111.01, it is the intent of the Legislature that the changes made to sections 83-1,100.02, 83-1,110, 83-1,110.05, 83-1,111, 83-1,111.01, 83-1,114, and 83-1,122.02 by Laws 2023, LB50, apply to all committed offenders under sentence or on parole on or after September 2, 2023, and to all persons sentenced on and after such date.
Source
Laws 2003, LB 46, § 50;
Laws 2015, LB605, § 106;
Laws 2016, LB1094, § 42;
Laws 2018, LB841, § 52;
Laws 2023, LB50, § 57.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,135.03 - Parolee; permission to leave; when.

83-1,135.03.
Parolee; permission to leave; when.
A parolee serving a custodial sanction in a correctional facility or contract facility may be granted the privilege of leaving the facility during necessary and reasonable hours for any of the following purposes:
(1) Seeking employment;
(2) Working at his or her employment;
(3) Conducting such person's own business or other self-employed occupation, including housekeeping and attending to the needs of such person's family;
(4) Attending any high school, college, university, or other educational or vocational training program or institution;
(5) Serious illness or death of a member of such person's immediate family;
(6) Medical treatment;
(7) Outpatient or inpatient treatment for alcohol or substance abuse; or
(8) Engaging in other rehabilitative activities.
Source
Laws 2016, LB1094, § 39.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,135.04 - Rules and regulations; guidance documents and internal procedural documents; availability; notice; contents.

83-1,135.04.
Rules and regulations; guidance documents and internal procedural documents; availability; notice; contents.
Rules and regulations may authorize the Director of Correctional Services to issue guidance documents and internal procedural documents not inconsistent with law and rules and regulations. Such guidance documents and internal procedural documents shall be made available to the public at one public location and on the department’s website unless the safety and security of a correctional institution would be placed at imminent and substantial risk by such publication. If any guidance document or internal procedural document is not made available to the public, notice shall be given to the deputy public counsel for corrections and to the Inspector General of the Nebraska Correctional System. The notice shall identify all documents not publicly available by title, number of pages, and date adopted. All guidance documents and internal procedural documents shall be made available to any member of the Legislature upon request. Security manuals shall be made available to the Legislature for inspection upon request, but shall not be copied or removed from secure locations as designated by the director.
Source
Laws 2016, LB867, § 17.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,135.05 - Rules and regulations; inmate outside correctional facility.

83-1,135.05.
Rules and regulations; inmate outside correctional facility.
The Department of Correctional Services shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act regarding any procedures or policies used by the department for any situation where an inmate, under the authority of the department, is outside a correctional facility operated by the department or a contract facility as defined in section 83-1,119 unless the safety and security of a correctional institution would be placed at imminent and substantial risk by such publication.
Source
Laws 2016, LB867, § 18.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1,143.06 - Developmental disability regions; enumerated.

83-1,143.06.
Developmental disability regions; enumerated.
There are hereby created six developmental disability regions in the state. Each region shall consist of the following counties:
Region 1 shall consist of Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Morrill, Garden, Kimball, Banner, Cheyenne, and Deuel counties;
Region 2 shall consist of Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Lincoln, Perkins, Dawson, Chase, Hayes, Frontier, Gosper, Dundy, Hitchcock, and Red Willow counties;
Region 3 shall consist of Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman, Howard, Merrick, Buffalo, Hall, Hamilton, Phelps, Kearney, Adams, Clay, Furnas, Harlan, Franklin, Webster, and Nuckolls counties;
Region 4 shall consist of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Knox, Cedar, Dixon, Antelope, Pierce, Wayne, Dakota, Thurston, Madison, Stanton, Cuming, Burt, Boone, Platte, Colfax, and Nance counties;
Region 5 shall consist of Saunders, York, Seward, Lancaster, Otoe, Polk, Butler, Fillmore, Saline, Gage, Johnson, Nemaha, Thayer, Jefferson, Pawnee, and Richardson counties; and
Region 6 shall consist of Dodge, Washington, Douglas, Sarpy, and Cass counties.
Source
Laws 1973, LB 311, § 8;
Laws 1974, LB 302, § 16;
Laws 1991, LB 830, § 34.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-217 - Beatrice State Developmental Center; designation.

83-217.
Beatrice State Developmental Center; designation.
The Nebraska institution for persons with intellectual disabilities who require residential care shall be known and designated as the Beatrice State Developmental Center.
Source
Laws 1885, c. 52, § 1, p. 255;
R.S.1913, § 7220;
Laws 1921, c. 241, § 1, p. 843;
C.S.1922, § 6878;
C.S.1929, § 83-401;
R.S.1943, § 83-217;
Laws 1967, c. 251, § 4, p. 663;
Laws 1969, c. 816, § 13, p. 3068;
Laws 1976, LB 974, § 2;
Laws 1986, LB 1177, § 44;
Laws 2013, LB23, § 50.
Cross References
Administration of Beatrice State Developmental Center, see section 83-1209.
Rights of persons admitted, see sections 83-381 to 83-390.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-218 - Beatrice State Developmental Center; purpose.

83-218.
Beatrice State Developmental Center; purpose.
The Beatrice State Developmental Center shall provide residential care and humane treatment for those persons with intellectual disabilities who require residential care, shall study to improve their condition, shall classify them, and shall furnish such training in industrial, mechanical, agricultural, and academic subjects as they may be capable of learning. Whenever the Department of Health and Human Services determines that continued residence in the Beatrice State Developmental Center is no longer necessary for the welfare, care, treatment, or training of such person, it shall have authority to discharge or transfer such person as provided in section 83-387. The Department of Health and Human Services shall discharge any person from the Beatrice State Developmental Center without requiring sterilization of such person, if the discharge satisfies the requirements of this section, notwithstanding any court order, judgment, or decree rendered prior to December 25, 1969, requiring sterilization as a condition of discharge.
Source
Laws 1885, c. 52, § 2, p. 255;
R.S.1913, § 7221;
Laws 1921, c. 241, § 1, p. 843;
C.S.1922, § 6879;
C.S.1929, § 83-402;
R.S.1943, § 83-218;
Laws 1967, c. 251, § 5, p. 663;
Laws 1969, c. 816, § 14, p. 3068;
Laws 1986, LB 1177, § 45;
Laws 1996, LB 1044, § 937;
Laws 2013, LB23, § 51.
Cross References
Rights of persons admitted, see sections 83-381 to 83-390.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-223 - Order of commitment where mentally handicapped person is an inmate in a state institution.

83-223.
Order of commitment where mentally handicapped person is an inmate in a state institution.
Where the person named in the petition for commitment is a resident, patient, or inmate of a state institution, the court may commit the person to the care and custody of the Department of Health and Human Services. The department may, in its discretion, detain the resident, patient, or inmate in the institution in which he or she is a resident, patient, or inmate at the time of the hearing, subject to the rules of that institution, or may transfer him or her to the Beatrice State Developmental Center.
Source
Laws 1921, c. 241, § 3, p. 844;
C.S.1922, § 6881;
C.S.1929, § 83-404;
R.S.1943, § 83-223;
Laws 1967, c. 251, § 9, p. 666;
Laws 1996, LB 1044, § 938.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-227.01 - Beatrice State Developmental Center; patients transferred to temporary surplus space in regional centers at Lincoln and Norfolk; care, custody, and treatment.

83-227.01.
Beatrice State Developmental Center; patients transferred to temporary surplus space in regional centers at Lincoln and Norfolk; care, custody, and treatment.
The Department of Health and Human Services is authorized to utilize space which is temporarily surplus to the needs of the Lincoln Regional Center and the Norfolk Regional Center facilities under their jurisdiction for patients committed to or lawfully confined in the Beatrice State Developmental Center. Patients so transferred to the Lincoln Regional Center or the Norfolk Regional Center shall be housed in facilities separate and apart from facilities used to house patients committed to such hospital, and after their transfer such patients shall receive the same type of care, custody, and treatment as they would have received had they remained at the Beatrice State Developmental Center, and the charges for their care and maintenance shall be the same as though they were housed at the Beatrice State Developmental Center, and the charges shall be collected in the manner provided in this section and sections 83-227.02, 83-350, and 83-363 to 83-380.
Source
Laws 1961, c. 444, § 1, p. 1365;
Laws 1969, c. 812, § 19, p. 3056;
Laws 1969, c. 818, § 10, p. 3118;
Laws 1996, LB 1155, § 84;
Laws 1997, LB 307, § 221.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-227.02 - Inmates; transfer; care; cost; exception.

83-227.02.
Inmates; transfer; care; cost; exception.
(1) The Department of Health and Human Services is authorized to use space which is temporarily surplus to the needs of any institution under its control, except as provided in subsection (2) of this section, for the care, custody, and treatment of the inmates of any other such institution when space at such latter institution is inadequate and the facilities of the institution to which transfer is made are suitable to the needs of the inmate. Inmates so transferred shall receive the same care, custody, and treatment as they would have received had they not been transferred. If the cost of the care, custody, and treatment of such inmate is recoverable by the institution from which the transfer was made, it shall be recovered in the manner provided in sections 83-363 to 83-380.
(2) Subsection (1) of this section shall not be construed to permit the transfer of inmates to or from any Department of Correctional Services facility unless expressly authorized by law.
Source
Laws 1965, c. 559, § 1, p. 1843;
Laws 1969, c. 812, § 20, p. 3056;
Laws 1993, LB 31, § 33;
Laws 1996, LB 1044, § 939.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305 - State hospitals for the mentally ill; official titles.

83-305.
State hospitals for the mentally ill; official titles.
The state hospital established in Lancaster County for the treatment of mental illnesses shall be known as the Lincoln Regional Center. The state hospital established in Madison County shall be known as the Norfolk Regional Center.
Source
Laws 1921, c. 162, § 1, p. 656;
C.S.1922, § 6950;
C.S.1929, § 83-755;
Laws 1935, c. 185, § 3, p. 686;
C.S.Supp.,1941, § 83-755;
R.S.1943, § 83-305;
Laws 1953, c. 345, § 1, p. 1120;
Laws 1969, c. 818, § 11, p. 3119;
Laws 1973, LB 536, § 4;
Laws 1975, LB 466, § 2;
Laws 1996, LB 1155, § 85;
Laws 2004, LB 1083, § 129;
Laws 2021, LB401, § 1.
Cross References
Convicted sex offenders, evaluation and treatment, see section 29-2925 et seq.
Mentally ill veterans, care and treatment of, see sections 80-601 to 80-606.
Mentally incompetent persons:
Becoming incompetent after commission of crime, procedure, see section 29-1822.
Insanity as defense in criminal cases, procedure, see section 29-2203.
State institutions, official names, see section 83-107.01.
Annotations
All hospitals for the insane of the state are governed by same general provisions. State v. Gage County, 100 Neb. 753, 161 N.W. 267 (1917).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305.01 - Psychiatric services; administration.

83-305.01.
Psychiatric services; administration.
Psychiatric services under the control of the Board of Regents of the University of Nebraska shall be under the jurisdiction of the Chancellor of the University of Nebraska Medical Center, who shall report to the Board of Regents through the President of the University of Nebraska. The chancellor or his or her designee shall be responsible for the administration and preparation of the psychiatric services budget and shall have the same powers, authority, and duties as prescribed for the chief executive officers of the state hospitals described in section 83-305.
Source
Laws 1953, c. 345, § 4, p. 1122;
Laws 1975, LB 466, § 3;
Laws 1987, LB 112, § 2;
Laws 2004, LB 1083, § 130.
Annotations
The transfer of control of the Nebraska Psychiatric Institute from the Department of Public Institutions did not impliedly repeal county liability under section 83-376 for patients treated at the Nebraska Psychiatric Institute. County of Douglas v. Board of Regents, 210 Neb. 573, 316 N.W.2d 62 (1982).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305.02 - Psychiatric services; operation; laws governing.

83-305.02.
Psychiatric services; operation; laws governing.
The psychiatric services at the University of Nebraska Medical Center shall operate and be subject to sections 83-305 to 83-357.
Source
Laws 1953, c. 345, § 5, p. 1122;
Laws 1987, LB 112, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305.03 - University of Nebraska Medical Center; temporary transfers of individuals from other institutions; procedure; responsibility; expense.

83-305.03.
University of Nebraska Medical Center; temporary transfers of individuals from other institutions; procedure; responsibility; expense.
The Department of Health and Human Services or the Director of Correctional Services may order the temporary transfer of any person committed to the Department of Health and Human Services or the Department of Correctional Services to the University of Nebraska Medical Center with the concurrence of the chancellor thereof for special diagnosis and treatment of any illness such person may suffer which cannot be properly diagnosed or treated by the medical facilities of the institution of which he or she is a patient or inmate. The responsibility of guarding any such patient or inmate transferred shall remain with the institution of which he or she is a patient or inmate. The Department of Health and Human Services or the Department of Correctional Services shall pay, out of the proper account, all expenses incurred by the University of Nebraska Medical Center on behalf of any patient or inmate so transferred by the respective department.
Source
Laws 1957, c. 389, § 1, p. 1348;
Laws 1963, c. 528, § 5, p. 1657;
Laws 1969, c. 817, § 75, p. 3109;
Laws 1975, LB 466, § 4;
Laws 1987, LB 112, § 4;
Laws 1996, LB 1044, § 940;
Laws 2007, LB296, § 786.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305.04 - Regional centers; rehabilitation model.

83-305.04.
Regional centers; rehabilitation model.
The Department of Health and Human Services shall utilize a rehabilitation model when appropriate for services provided at the regional centers under the jurisdiction of the department. For purposes of this section, rehabilitation model means a comprehensive approach to treatment and rehabilitation of a person with a disability caused by a mental illness in order to assure that such person can perform those physical, emotional, social, and intellectual skills needed to live and work in the community.
Source
Laws 1996, LB 1155, § 81;
Laws 1997, LB 307, § 222.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-305.05 - Hastings Correctional Behavioral Health Treatment Center; feasibility study; program statement.

83-305.05.
Hastings Correctional Behavioral Health Treatment Center; feasibility study; program statement.
(1) The Legislature finds that a need exists for additional behavioral health treatment beds for inmates in the state correctional system. In order to follow an orderly and reasonable process based upon defined and documented need and an analysis of the utilization of existing facilities, the Legislature authorizes the Division of Behavioral Health of the Department of Health and Human Services to study the feasibility of the establishment of a Hastings Correctional Behavioral Health Treatment Center at the Hastings Regional Center.
(2)(a) The Division of Behavioral Health of the Department of Health and Human Services shall prepare a complete program statement for the Hastings Correctional Behavioral Health Treatment Center, prepared in accordance with the Procedural Manual for Capital Construction Projects, as approved by the state building division of the Department of Administrative Services. The state building division shall assist the Department of Health and Human Services in the preparation and submission of the program statement.
(b) The program statement shall plan for the long-term needs of the mentally ill inmates in the correctional system as well as inmates who have drug and alcohol addictions. The intent is to provide a facility for up to two hundred inmates in one or more buildings at the Hastings Regional Center renovated or constructed to meet the needs of the program. The program statement shall identify the classification of inmates to be placed in the center, the programs needed to provide mental health and substance abuse treatment, and the capital cost of renovation needed to fully support the program objectives. The program statement shall estimate building renovation costs, staffing costs, and operational costs for the center along with a proposed project schedule.
(c) The completed program statement shall be submitted electronically to the Governor and Legislature by December 15, 2014.
Source
Laws 2014, LB999, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-313 - Department of Health and Human Services; trustee for state hospitals for the mentally ill.

83-313.
Department of Health and Human Services; trustee for state hospitals for the mentally ill.
The Department of Health and Human Services shall hold in trust, for the state hospitals for the mentally ill, all real or personal property given or bequeathed, to be applied for any purpose connected with the institutions.
Source
G.S.1873, c. 31, § 7, p. 412;
R.S.1913, § 7240;
C.S.1922, § 6897;
C.S.1929, § 83-702;
R.S.1943, § 83-313;
Laws 1947, c. 335, § 5, p. 1057;
Laws 1996, LB 1044, § 943.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-314 - State hospitals for the mentally ill; patients' correspondence; supplies; mailing; exception.

83-314.
State hospitals for the mentally ill; patients' correspondence; supplies; mailing; exception.
Every patient in any state hospital for the mentally ill shall be allowed to write whenever the patient desires and to whomever the patient may choose, and the chief executive officer of the hospital, upon request, shall supply each patient, not otherwise supplied, with suitable writing materials and postage, at the expense of the state, sufficient for writing at least one letter per week. Such letters shall be regularly and promptly collected and shall be placed in the United States mail for delivery unless the chief executive officer of the hospital has on file a written request from a recipient or potential recipient that letters shall not be mailed to such recipient or unless there is reasonable cause to believe that the contents of any letter are threatening.
Source
Laws 1883, c. 49, § 1, p. 235;
R.S.1913, § 7292;
Laws 1915, c. 135, § 1, p. 300;
C.S.1922, § 6947;
C.S.1929, § 83-752;
R.S.1943, § 83-314;
Laws 1947, c. 335, § 6, p. 1057;
Laws 1976, LB 806, § 21;
Laws 2004, LB 1083, § 131.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-324 - Department; voluntary application for admission.

83-324.
Department; voluntary application for admission.
The Department of Health and Human Services may accept patients for care and treatment upon the written application of a patient. Such written application may be made by persons desiring to receive care and treatment in one of the state hospitals for the mentally ill to the chief executive officer of the state hospital in which the patient wishes to receive treatment.
Source
Laws 1905, c. 82, § 3, p. 387;
R.S.1913, § 7283;
C.S.1922, § 6939;
C.S.1929, § 83-744;
R.S.1943, § 83-324;
Laws 1947, c. 335, § 15, p. 1060;
Laws 1969, c. 818, § 17, p. 3121;
Laws 1976, LB 806, § 23;
Laws 1996, LB 1155, § 88;
Laws 1997, LB 307, § 224;
Laws 2004, LB 1083, § 132;
Laws 2007, LB296, § 787.
Annotations
Application for admission as a dipsomaniac must be in writing in the nature of an information and verified by affidavit. In re Application of Cupita, 148 Neb. 555, 28 N.W.2d 149 (1947).