reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-148 - Unauthorized vouchers; issuance; effect; malfeasance in office; punishment.

83-148.
Unauthorized vouchers; issuance; effect; malfeasance in office; punishment.
No voucher issued by any such department, institution or agency upon the Director of Administrative Services shall be questioned by him or by the State Treasurer on the ground that sections 83-144 to 83-152 shall not have been complied with by the department, institution or agency; but intentional violation of the provisions of such sections by any department, institution or agency continued after notice in writing from the Department of Correctional Services to desist, shall constitute malfeasance in office, and shall subject the officer, officers or public employees responsible for the violations to suspension or removal from office, in the manner provided by law in other cases of malfeasance.
Source
Laws 1935, c. 183, § 5, p. 679;
C.S.Supp.,1941, § 83-960;
R.S.1943, § 83-148;
Laws 1973, LB 563, § 31.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-149 - Department of Correctional Services-made goods; catalog; estimates of materials required.

83-149.
Department of Correctional Services-made goods; catalog; estimates of materials required.
The Department of Correctional Services shall prepare, annually, and at such other times as it may determine necessary, a catalog or bulletin sheets containing a description of all articles and supplies manufactured and produced by the department under sections 83-144 to 83-152. Copies of the catalog and bulletin sheets shall be sent by said department to all departments, institutions and agencies of the state referred to in section 83-145. On or before June 15 of each year, each constitutional state officer, each head of every executive department of the state and each titular head of each institution and other agency of the state shall report in writing to the Department of Administrative Services, estimates for the ensuing year commencing July 1, or ensuing quarter, if desired, the kinds and amounts of articles and supplies required by them for the ensuing year or quarter, referring in such estimates to the catalog and bulletin sheets issued by the Department of Correctional Services insofar as the articles and supplies indicated are included in the catalog or bulletin sheets.
Source
Laws 1935, c. 183, § 6, p. 680;
C.S.Supp.,1941, § 83-961;
R.S.1943, § 83-149;
Laws 1967, c. 603, § 2, p. 2046;
Laws 1973, LB 563, § 32.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-150 - Correctional Industries Revolving Fund; created; use; investment.

83-150.
Correctional Industries Revolving Fund; created; use; investment.
All funds received by the Department of Correctional Services under sections 83-144 to 83-152 and from the recycling of material used in the production of goods or the provision of services by the department's correctional industries program shall be remitted to the State Treasurer for credit to the Correctional Industries Revolving Fund, which fund is hereby created. The fund shall be administered by the Director of Correctional Services. The fund (1) shall be used to pay all proper expenses incident to the administration of sections 83-144 to 83-152 and (2) may be used to carry out section 83-186.01, except that transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Correctional Industries Revolving Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1935, c. 183, § 9, p. 681;
Laws 1939, c. 135, § 1, p. 580;
C.S.Supp.,1941, § 83-964;
R.S.1943, § 83-150;
Laws 1959, c. 442, § 5, p. 1487;
Laws 1969, c. 820, § 2, p. 3126;
Laws 1969, c. 584, § 111, p. 2417;
Laws 1973, LB 563, § 33;
Laws 1992, Third Spec. Sess., LB 2, § 2;
Laws 1994, LB 1066, § 129;
Laws 2013, LB483, § 2;
Laws 2016, LB1080, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-151 - Department of Correctional Services-made goods; transportation and sale.

83-151.
Department of Correctional Services-made goods; transportation and sale.
Goods produced in whole or in part by persons confined to the department in this state may be transported and sold in the same manner as goods produced by free persons, if persons confined to the department are paid at least minimum wage under state law. The minimum wage requirement does not apply to hobby and craft items produced by persons committed to the department on their own time with their own resources.
Source
Laws 1935, c. 183, § 11, p. 682;
C.S.Supp.,1941, § 83-966;
R.S.1943, § 83-151;
Laws 1969, c. 820, § 3, p. 3126;
Laws 1969, c. 817, § 73, p. 3108;
Laws 1972, LB 1122, § 1;
Laws 1977, LB 39, § 309;
Laws 1980, LB 319, § 8.
Annotations
Pursuant to the provisions of this section, any money derived from the sale of a hobby or craft item made by an offender is to be placed in the offender's account and the Department of Corrections may not assess a handling charge against the offender. Randolph v. Dept. of Correctional Services, 205 Neb. 672, 289 N.W.2d 529 (1980).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-152 - Goods made by confined persons; reciprocity.

83-152.
Goods made by confined persons; reciprocity.
Goods produced in whole or in part by persons confined in another state or territory may be transported and sold in this state in the same manner as goods produced by persons committed to the department in this state may be transported or sold in that state or territory.
Source
Laws 1935, c. 183, § 10, p. 681;
C.S.Supp.,1941, § 83-965;
R.S.1943, § 83-152;
Laws 1969, c. 820, § 4, p. 3127;
Laws 1969, c. 817, § 74, p. 3108;
Laws 1980, LB 319, § 9.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-153 - Money or personal property to credit of inmate or patient; claim; time for presentment.

83-153.
Money or personal property to credit of inmate or patient; claim; time for presentment.
Any claim to money or personal property in the hands of the Department of Health and Human Services, the Department of Correctional Services, or the Department of Veterans' Affairs to the credit of an inmate or patient of any institution subject to the jurisdiction of such departments shall be required to be asserted within two years from and after either (1) the date of the death of the inmate or patient, while confined in such institution, or (2) the date of the discharge of the inmate or patient from such institution. If such claim is not presented within the time limited by this section, it shall be forever barred.
Source
Laws 1953, c. 352, § 1, p. 1128;
Laws 1973, LB 563, § 34;
Laws 1996, LB 1044, § 916;
Laws 2018, LB827, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-154 - Money to credit of inmate or patient; claim; failure to assert; disposition.

83-154.
Money to credit of inmate or patient; claim; failure to assert; disposition.
Upon the failure to assert a claim for money within two years as prescribed by section 83-153, the Department of Health and Human Services, the Department of Correctional Services, or the Department of Veterans' Affairs shall transfer such money to a special fund to be set up for the use and benefit of all the inmates or patients of the institution in which the deceased or discharged inmate or patient was confined.
Source
Laws 1953, c. 352, § 2, p. 1128;
Laws 1973, LB 563, § 35;
Laws 1996, LB 1044, § 917;
Laws 2018, LB827, § 5.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-155 - Personal property to credit of inmate or patient; claim; failure to assert; sale; disposition of money.

83-155.
Personal property to credit of inmate or patient; claim; failure to assert; sale; disposition of money.
Upon the failure to assert a claim for personal property within two years as prescribed by section 83-153, the Department of Health and Human Services, the Department of Correctional Services, or the Department of Veterans' Affairs shall sell the property, either with or without notice at either public or private sale, and shall place the proceeds of such sale in the special fund provided for by section 83-154.
Source
Laws 1953, c. 352, § 3, p. 1128;
Laws 1973, LB 563, § 36;
Laws 1996, LB 1044, § 918;
Laws 2018, LB827, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-156 - Money or personal property to credit of inmate or patient; delivery to owner or heirs not prohibited.

83-156.
Money or personal property to credit of inmate or patient; delivery to owner or heirs not prohibited.
Nothing contained in sections 83-153 to 83-156 shall be construed in such a manner as to prohibit the Department of Health and Human Services, the Department of Correctional Services, or the Department of Veterans' Affairs from voluntarily remitting or delivering to any present or former inmate or patient of any state institution, subject to the jurisdiction of such department, or to his or her heirs, legatees, or other persons lawfully entitled to the same, any money or other personal property in the hands of the department to the credit of such inmate or patient, either during the confinement of such inmate or patient, or at any time thereafter.
Source
Laws 1953, c. 352, § 4, p. 1128;
Laws 1973, LB 563, § 37;
Laws 1996, LB 1044, § 919;
Laws 2018, LB827, § 7.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-170 - Terms, defined.

83-170.
Terms, defined.
As used in the Nebraska Treatment and Corrections Act, unless the context otherwise requires:
(1) Board means the Board of Parole;
(2) Committed offender means any person who, under any provision of law, is sentenced or committed to a facility operated by the department or is sentenced or committed to the department other than a person adjudged to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 by a juvenile court;
(3) Department means the Department of Correctional Services;
(4) Director means the Director of Correctional Services;
(5) Director of Supervision and Services means the Director of Supervision and Services appointed pursuant to section 83-1,101;
(6) Facility means any prison, reformatory, training school, reception center, community guidance center, group home, or other institution operated by the department;
(7) Good time means any reduction of sentence granted pursuant to sections 83-1,107 and 83-1,108;
(8) Maximum term means the maximum sentence provided by law or the maximum sentence imposed by a court, whichever is shorter;
(9) Minimum term means the minimum sentence provided by law or the minimum sentence imposed by a court, whichever is longer;
(10) Pardon authority means the power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations;
(11) Parole term means the time from release on parole to the completion of the maximum term, reduced by good time;
(12) Person committed to the department means any person sentenced or committed to a facility within the department;
(13) Restrictive housing means conditions of confinement that provide limited contact with other offenders, strictly controlled movement while out of cell, and out-of-cell time of less than twenty-four hours per week; and
(14) Solitary confinement means the status of confinement of an inmate in an individual cell having solid, soundproof doors and which deprives the inmate of all visual and auditory contact with other persons.
Source
Laws 1969, c. 817, § 1, p. 3072;
Laws 1973, LB 563, § 38;
Laws 1975, LB 567, § 1;
Laws 1976, LB 621, § 1;
Laws 1988, LB 790, § 34;
Laws 1992, LB 816, § 1;
Laws 2015, LB598, § 22;
Laws 2018, LB841, § 15.
Cross References
Inmate transfer to University of Nebraska Medical Center for psychiatric diagnosis or treatment, see section 83-305.03.
Annotations
Applies retroactively to prisoners who receive Board of Pardon approval. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).
This section is not applicable to the imposition of a sentence by the trial court. State v. Suggett, 189 Neb. 714, 204 N.W.2d 793 (1973).
Under life sentence with no minimum stated, the statutory minimum of ten years for second degree murder would apply for purposes of eligibility for parole. State v. Thompson, 189 Neb. 115, 201 N.W.2d 204 (1972).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-171 - Department of Correctional Services; created; duties.

83-171.
Department of Correctional Services; created; duties.
There is hereby created a Department of Correctional Services which shall:
(1) Maintain and administer facilities required for the custody, control, correctional treatment, and rehabilitation of persons committed to the department and for the safekeeping of such other persons as may be remanded to the department in accordance with law;
(2) Develop policies and programs for the correctional treatment and rehabilitation of persons committed to the department;
(3) Supervise parolees who have been committed to the department; and
(4) Until July 1, 2016, administer parole services in the facilities and in the community and, beginning July 1, 2016, cooperate with the Board of Parole and Division of Parole Supervision to assist with the efficient administration of parole services in the facilities and in the community.
Source
Laws 1969, c. 817, § 2, p. 3073;
Laws 1973, LB 563, § 39;
Laws 1993, LB 31, § 26;
Laws 2015, LB598, § 23;
Laws 2018, LB841, § 16.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-172 - Director of Correctional Services; appointment; salary; qualifications.

83-172.
Director of Correctional Services; appointment; salary; qualifications.
The Governor shall appoint and fix the salary of the Director of Correctional Services with the approval of the Legislature. The Director of Correctional Services shall be qualified for his position by appropriate training and experience in corrections and such director shall have a minimum of ten years of correctional administrative work.
Source
Laws 1969, c. 817, § 3, p. 3073;
Laws 1973, LB 563, § 40.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-173 - Director of Correctional Services; duties.

83-173.
Director of Correctional Services; duties.
The Director of Correctional Services shall:
(1) Supervise and be responsible for the administration of the Department of Correctional Services;
(2) Establish, consolidate, or abolish any administrative subdivision within the department and appoint and remove for cause the heads thereof and delegate appropriate powers and duties to them;
(3) Establish and administer policies and programs for the operation of the facilities in the department and for the custody, control, safety, correction, and rehabilitation of persons committed to the department;
(4) Appoint and remove the chief executive officer of each facility and delegate appropriate powers and duties to him or her;
(5) Appoint and remove employees of the department and delegate appropriate powers and duties to them;
(6) Adopt and promulgate rules and regulations for the management, correctional treatment, and rehabilitation of persons committed to the department, the administration of facilities, and the conduct of officers and employees under his or her jurisdiction;
(7) Designate the place of confinement of persons committed to the department subject to section 83-176;
(8) Establish and administer policies that ensure that complete and up-to-date electronic records are maintained for each person committed to the department and which also ensure privacy protections. Electronic records shall include programming recommendations, program completions, time spent in housing other than general population, and medical records, including mental and behavioral health records;
(9) Collect, develop, and maintain statistical information concerning persons committed to the department, sentencing practices, and correctional treatment as may be useful in penological research or in the development of treatment programs;
(10) Provide training programs designed to equip employees for duty in the facilities and related services of the department and to raise and maintain the educational standards, level of performance, and safety of such employees;
(11) Notify law enforcement agencies of upcoming furloughs as required by section 83-173.01;
(12) Issue or authorize the issuance of a warrant for the arrest of any person committed to the department who has escaped from the custody of the department; and
(13) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Source
Laws 1969, c. 817, § 4, p. 3074;
Laws 1973, LB 563, § 41;
Laws 1979, LB 322, § 64;
Laws 1980, LB 794, § 3;
Laws 1981, LB 545, § 42;
Laws 1986, LB 481, § 1;
Laws 2015, LB598, § 24;
Laws 2023, LB50, § 45.
Effective Date: September 2, 2023
Annotations
Prison authorities had no right, absent statutory authority, to prescribe and enforce regulations authorizing forfeiture of money discovered in the possession of inmates as a punitive measure and their actions in so doing violated due process. Sell v. Parratt, 548 F.2d 753 (8th Cir. 1977).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-173.01 - Director of Correctional Services; release of certain convicts; duties.

83-173.01.
Director of Correctional Services; release of certain convicts; duties.
Two weeks prior to releasing a person convicted of a Class IA felony or sexual assault in the first degree on furlough, the Director of Correctional Services shall deliver a copy of the release authorization to at least one law enforcement agency in the jurisdiction in which such person is authorized to temporarily reside.
Source
Laws 1986, LB 481, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-173.03 - Use of restrictive housing; levels; department; duties; use of immediate segregation.

83-173.03.
Use of restrictive housing; levels; department; duties; use of immediate segregation.
(1) No inmate shall be held in restrictive housing unless done in the least restrictive manner consistent with maintaining order in the facility and pursuant to rules and regulations adopted and promulgated by the department pursuant to the Administrative Procedure Act.
(2) The department shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act establishing levels of restrictive housing as may be necessary to administer the correctional system. Rules and regulations shall establish behavior, conditions, and mental health status under which an inmate may be placed in each confinement level as well as procedures for making such determinations. Rules and regulations shall also provide for individualized transition plans, developed with the active participation of the committed offender, for each confinement level back to the general population or to society.
(3) On and after March 1, 2020, no inmate who is a member of a vulnerable population shall be placed in restrictive housing. In line with the least restrictive framework, an inmate who is a member of a vulnerable population may be assigned to immediate segregation to protect himself or herself, staff, other inmates, or inmates who are members of vulnerable populations pending classification. The department shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act regarding restrictive housing to address risks for inmates who are members of vulnerable populations. Nothing in this subsection prohibits the department from developing secure mental health housing to serve the needs of inmates with serious mental illnesses as defined in section 44-792, developmental disabilities as defined in section 71-1107, or traumatic brain injuries as defined in section 79-1118.01 in such a way that provides for meaningful access to social interaction, exercise, environmental stimulation, and therapeutic programming.
(4) For purposes of this section, member of a vulnerable population means an inmate who is eighteen years of age or younger, pregnant, or diagnosed with a serious mental illness as defined in section 44-792, a developmental disability as defined in section 71-1107, or a traumatic brain injury as defined in section 79-1118.01.
Source
Laws 2015, LB598, § 31;
Laws 2016, LB867, § 1;
Laws 2019, LB686, § 13.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-174 - Registered sex offender; release or termination of supervision; notice required; county attorney; duties.

83-174.
Registered sex offender; release or termination of supervision; notice required; county attorney; duties.
(1) At least ninety days prior to the release from incarceration or civil commitment or the termination of probation or parole supervision of an individual who is required to register under section 29-4003, the agency with jurisdiction over the individual shall provide notice to the Attorney General, the Nebraska State Patrol, the prosecuting county attorney, and the county attorney in the county in which an individual is incarcerated, supervised, or committed.
(2) The Board of Parole shall also provide notice to the Attorney General, the Nebraska State Patrol, the prosecuting county attorney, and the county attorney in the county in which such individual is incarcerated or committed within five days after scheduling a parole hearing for an individual who is required to register under section 29-4003.
(3) A county attorney shall, no later than forty-five days after receiving notice of the pending release of an individual pursuant to this section, notify the Attorney General whether the county attorney intends to initiate civil commitment proceedings against such individual upon his or her release from custody.
Source
Laws 2006, LB 1199, § 86.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-174.01 - Dangerous sex offender; terms, defined.

83-174.01.
Dangerous sex offender; terms, defined.
For purposes of sections 83-174 to 83-174.05:
(1) Dangerous sex offender means (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially unable to control his or her criminal behavior or (b) a person with a personality disorder which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of two or more sex offenses, and who is substantially unable to control his or her criminal behavior;
(2) Likely to engage in repeat acts of sexual violence means the person's propensity to commit sex offenses resulting in serious harm to others is of such a degree as to pose a menace to the health and safety of the public;
(3) Person who suffers from a mental illness means an individual who has a mental illness as defined in section 71-907;
(4) Person with a personality disorder means an individual diagnosed with a personality disorder;
(5) Sex offense means any of the offenses listed in section 29-4003 for which registration as a sex offender is required; and
(6) Substantially unable to control his or her criminal behavior means having serious difficulty in controlling or resisting the desire or urge to commit sex offenses.
Source
Laws 2006, LB 1199, § 87.
Annotations
This section is not unconstitutionally vague. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011).
A prerequisite of the Sex Offender Commitment Act is a criminal conviction for a sex offense. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-174.04 - Violation of condition of community supervision; actions authorized.

83-174.04.
Violation of condition of community supervision; actions authorized.
An individual who violates one or more of the conditions of community supervision established for him or her pursuant to section 83-174.03 shall undergo a review by the Division of Parole Supervision to evaluate the risk posed to the public by the violation in question. The division may take any of the following actions in response to a violation of conditions of community supervision:
(1) Revise or impose additional conditions of community supervision in order to minimize the risk to the public from the continued presence of the individual in the community;
(2) Forward to the Attorney General or the county attorney in the county where the individual resides a request to initiate a criminal prosecution for failure to comply with the terms of community supervision; or
(3) Forward to the county attorney or Attorney General a recommendation that civil commitment proceedings be instituted with respect to the individual.
Source
Laws 2006, LB 1199, § 90;
Laws 2018, LB841, § 18.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-174.05 - Violation of conditions of community supervision; penalty.

83-174.05.
Violation of conditions of community supervision; penalty.
Failure to comply with the conditions of community supervision imposed by the Division of Parole Supervision is a Class IV felony for the first offense and a Class III felony for any subsequent offense.
Source
Laws 2006, LB 1199, § 91;
Laws 2018, LB841, § 19.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-175 - Committed person; treatment; duties.

83-175.
Committed person; treatment; duties.
Whenever the Director of Correctional Services finds that a person committed to the department requires specialized treatment, or treatment of a kind that is not feasible to provide within the department, the director may place such person in institutions providing such treatment in another jurisdiction and may agree to pay reimbursement therefor. A person so transferred to an out-of-state institution shall be subject to the rules and regulations of such institution concerning the custody, conduct, and discipline of its inmates but shall remain subject to the Nebraska Treatment and Corrections Act concerning his or her term, reduction of term, and release on parole.
Source
Laws 1969, c. 817, § 6, p. 3075;
Laws 1997, LB 396, § 24.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-176 - Director of Correctional Services; designate place of confinement.

83-176.
Director of Correctional Services; designate place of confinement.
(1) Whenever any person is sentenced or committed under any provision of law to a specific facility within the department or to the custody of the warden or superintendent of such facility, he or she shall be deemed to be sentenced or committed to the department.
(2) The director may designate as a place of confinement of a person committed to the department any available, suitable, and appropriate residence facility or institution, whether or not operated by the state, and may at any time transfer such person from one place of confinement to another.
Source
Laws 1969, c. 817, § 7, p. 3075;
Laws 1973, LB 57, § 1;
Laws 1988, LB 790, § 35;
Laws 1993, LB 31, § 27;
Laws 1996, LB 1044, § 923.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-177 - Facility; chief executive officer; designation.

83-177.
Facility; chief executive officer; designation.
There shall be in each facility a chief executive officer designated as warden or superintendent and such deputy or associate wardens or assistant superintendents as the director determines. The chief executive officer shall be responsible to the director for the custody, control, and correctional treatment of persons committed to the department and for the general administration of the facility. Deputy or associate wardens or assistant superintendents in each facility shall advise and be responsible to the chief executive officer of the facility and shall have such powers and duties as the chief executive officer delegates to them in accordance with law or pursuant to the directions of the director.
Source
Laws 1969, c. 817, § 8, p. 3076;
Laws 1993, LB 31, § 28.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-179 - Person committed; physical examination; evaluation; contents; recommendations.

83-179.
Person committed; physical examination; evaluation; contents; recommendations.
Upon initial admission to a facility, each person committed to the department shall be given a physical examination and a thorough evaluation. The evaluation shall include such person's psychological, social, educational, and vocational condition and history and the motivation of the offense. A report containing the findings of the examination and evaluation shall be submitted on each such person to the chief executive officer of the facility. The report shall include recommendations regarding the facility to which such person should be assigned, the degree and kind of custodial control, and the program of treatment for rehabilitation, including medical and psychological treatment and educational and vocational training. A medical determination shall be made as to whether such person shall be kept apart from other persons committed to the department.
Source
Laws 1969, c. 817, § 10, p. 3078;
Laws 1993, LB 31, § 30.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-181 - Committed offender; health care; food and clothing; access to attorney.

83-181.
Committed offender; health care; food and clothing; access to attorney.
(1) Each committed offender shall have regular medical and dental care. Each committed offender shall be adequately fed and clothed in accordance with the regulations of the department. No committed offender shall be required to wear stripes or other degrading apparel.
(2) The department shall allow each committed offender reasonable access to his or her attorney or attorneys. If a committed offender communicates with his or her attorney or attorneys by telephone or videoconferencing, such communication shall be provided without charge to the committed offender and without monitoring or recording by the department or law enforcement.
Source
Laws 1969, c. 817, § 12, p. 3079;
Laws 2019, LB443, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-182 - Director; establish programs.

83-182.
Director; establish programs.
The director shall establish appropriate programs for each facility designed as far as practical to prepare and assist each person committed to the department to assume his or her responsibilities as a useful citizen. In developing such programs, the director shall seek to make available to each person capable of benefiting therefrom academic or vocational training, participation in productive work, religious and recreational activities, and such therapeutic measures as are practicable. No person shall be ordered or compelled to participate in religious activities.
Source
Laws 1969, c. 817, § 13, p. 3079;
Laws 1993, LB 31, § 31.
Annotations
Evidence held insufficient to show denial of property rights afforded under sections 83-182 and 83-183. Journey v. Vitek, 685 F.2d 239 (8th Cir. 1982).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-183.01 - Persons committed; wages; disposition; director; adopt rules and regulations.

83-183.01.
Persons committed; wages; disposition; director; adopt rules and regulations.
A person committed to the department, who is earning at least minimum wage and is employed pursuant to sections 81-1827 and 83-183, shall have his or her wages set aside by the chief executive officer of the facility in a separate wage fund. The director shall adopt and promulgate rules and regulations which will protect the inmate's rights to due process, provide for hearing as necessary before the Crime Victim's Reparations Committee, and govern the disposition of a confined person's gross monthly wage minus required payroll deductions and payment of necessary work-related incidental expenses for the following purposes:
(1) For the support of families and dependent relatives of the respective inmates;
(2) For the discharge of any legal obligations, including judgments for restitution as provided in section 83-184.01;
(3) To pay all or a part of the cost of their board, room, clothing, medical, dental, and other correctional services;
(4) To provide for funds payable to the person committed to the department upon his or her release;
(5) For the actual value of state property intentionally or willfully and wantonly destroyed by such person during his or her commitment;
(6) For reasonable costs incurred in returning such person to the facility to which he or she is committed in the event of escape; and
(7) For deposit in the Victim's Compensation Fund.
Source
Laws 1980, LB 319, § 11;
Laws 1986, LB 540, § 40;
Laws 1987, LB 353, § 3;
Laws 2015, LB605, § 95.
Annotations
Section 83-183, when construed with this section, does not require that an inmate be provided with full-time employment as a prerequisite to the applicability of rules and regulations promulgated under the authority of this section. Hurbenca v. Nebraska Dept. of Corr. Servs., 18 Neb. App. 31, 773 N.W.2d 402 (2009).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-184.01 - Restitution order; collection from wage funds; report.

83-184.01.
Restitution order; collection from wage funds; report.
(1) The department, in consultation with the State Court Administrator, shall adopt and promulgate rules and regulations to provide an effective process for the transfer of funds for the purpose of satisfying restitution orders.
(2) A sentencing order requiring an inmate to pay restitution shall be treated as a court order authorizing the department to withhold and transfer funds for the purpose of satisfying a restitution order.
(3) This section applies to funds in the wage fund of any inmate confined in a correctional facility on or after August 30, 2015.
(4) The department shall report annually to the Legislature on the collection of restitution from wage funds. The report shall include the total number of inmates with restitution judgments, the total number of inmates with wage funds, the total number of inmates with both, the number of payments made to either victims or clerks of the court, the average amount of payments, and the total amount of restitution collected. The report shall be submitted electronically.
Source
Laws 2015, LB605, § 97.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-186 - Visitors of facilities; enumerated.

83-186.
Visitors of facilities; enumerated.
(1) The following persons shall be allowed to visit any facility in the Department of Correctional Services at any time:
(a) Members of the Legislature;
(b) Members of the judiciary;
(c) Members of the Board of Pardons;
(d) Members of the Board of Parole; and
(e) Members of the clergy, subject to the approval of the Director of Correctional Services.
(2) The chief executive officer of a facility may permit any other person to visit the facility.
Source
Laws 1969, c. 817, § 17, p. 3083;
Laws 1973, LB 563, § 43;
Laws 1990, LB 1067, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-186.01 - Adult correctional facilities; reentry planning program; legislative findings; Department of Correctional Services; duties.

83-186.01.
Adult correctional facilities; reentry planning program; legislative findings; Department of Correctional Services; duties.
(1) The Legislature finds that:
(a) Research reveals that children who have parents involved in their lives perform better academically and socially in school, experience fewer mental health and substance abuse issues, and are less likely to commit serious crime;
(b) Strategies to address family stability and intergenerational poverty are specifically needed for children with incarcerated parents; and
(c) Research reveals that family-based reentry planning, including relationship development and housing and employment strategies, results in lower recidivism and greater family economic stability.
(2) The department shall implement a program for the purpose of providing in Nebraska adult correctional facilities an evidence-based program of parent education, early literacy, relationship skills development, and reentry planning involving family members of incarcerated parents prior to their release. Incarcerated parents of children between birth and five years of age shall have priority for participation in the program. The department may award a contract to operate the program. Such contract shall be based on competitive bids as provided in sections 73-101 to 73-105. The department shall track data related to program participation and recidivism.
Source
Laws 2013, LB483, § 1;
Laws 2015, LB598, § 26.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-187 - Release of person committed; procedures.

83-187.
Release of person committed; procedures.
(1) When a person committed to the department is released from a facility on parole, on post-release supervision, or upon final discharge, the person shall be returned any personal possessions taken upon confinement, and the chief executive officer of the facility shall furnish the person with a written notice as required in section 83-1,118, clothing appropriate for the season of the year, a transportation ticket to the place where he or she will reside, if within the continental limits of the United States or if not, the state may purchase transportation to the nearest United States border en route to such residence, and such sum of money as may be prescribed by the regulations of the department to enable the person to meet his or her immediate needs. If at the time of release the person is too ill or feeble or otherwise unable to use public means of transportation, the chief executive officer may make special arrangements for transportation to the place where the person will reside.
(2) At the time of release, the person shall also be paid his or her earnings and any accrued interest thereon set aside in the wage fund. Such earnings and interest shall be paid either in a lump sum or otherwise as determined by the chief executive officer to be in the best interest of the person. No less than one-third of such fund shall be paid upon release, and the entire fund shall be paid within six months of the person's release.
(3) The department shall send a copy of the release or discharge to the court which committed the person and also to the sheriff of the county in which the court is located and, when such county contains a city of the metropolitan class, to the police department of such city.
Source
Laws 1969, c. 817, § 18, p. 3083;
Laws 1971, LB 48, § 1;
Laws 1972, LB 1499, § 2;
Laws 2002, LB 1054, § 27;
Laws 2016, LB1094, § 34.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-187.01 - Legislative intent.

83-187.01.
Legislative intent.
The Legislature affirms the importance of parole as a program for the supervised release of inmates making the transition from confinement to responsible citizenship. Therefor the Legislature intends that committed offenders who are eligible for parole have the opportunity to complete the final stages of their sentences on parole.
Source
Laws 2003, LB 46, § 18.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-188 - Board of Parole; created; act, how construed; employees.

83-188.
Board of Parole; created; act, how construed; employees.
(1) There is hereby created the Board of Parole. For administrative purposes only, the board shall be within the Board of Pardons. Nothing in the Nebraska Treatment and Corrections Act shall be construed to give the director or the Board of Pardons any authority, power, or responsibility over the Board of Parole, its employees, or the exercise of its functions under the provisions of the act. The employees of the Board of Parole shall be covered by the State Personnel System.
(2) Employees of the Board of Parole shall consist of the following:
(a) The administrative staff necessary to assist the board with parole reviews, revocations, and hearings;
(b) At least one legal counsel;
(c) At least one fiscal analyst, policy analyst, or data analyst; and
(d) At least one staff member to assist with the daily supervision and training of employees of the board.
Source
Laws 1969, c. 817, § 19, p. 3084;
Laws 1972, LB 1499, § 3;
Laws 1973, LB 563, § 44;
Laws 1992, Third Spec. Sess., LB 13, § 1;
Laws 1994, LB 677, § 2;
Laws 2015, LB598, § 27.
Cross References
State Personnel System, see sections 81-1301 to 81-1316.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-189 - Board of Parole; members; appointment; qualifications; chairperson; duties.

83-189.
Board of Parole; members; appointment; qualifications; chairperson; duties.
The Board of Parole shall consist of five full-time members to be appointed by the Governor. The members of the board shall be of good character and judicious temperament. The members of the board shall have all the powers and duties of board members commencing on the date of appointment. The appointments shall be subject to confirmation by the Legislature at its next regular session following the appointments. At least one member of the board shall be of an ethnic minority group, at least one member shall be female, and at least one member shall have a professional background in corrections.
One of the five members of the board shall be designated as chairperson by the Governor. In addition to the chairperson's duties as a member of the board as prescribed in subsection (1) of section 83-192, he or she shall supervise the administration and operation of the board and shall carry out the duties prescribed in subsection (2) of such section.
Source
Laws 1969, c. 817, § 20, p. 3084;
Laws 1973, LB 524, § 1;
Laws 1987, LB 603, § 1;
Laws 1994, LB 677, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-190 - Board of Parole; members; terms; removal; procedure.

83-190.
Board of Parole; members; terms; removal; procedure.
The members of the Board of Parole shall have terms of office of six years and until their successors are appointed. The successors shall be appointed in the same manner as provided for the members first appointed, and a vacancy occurring before expiration of a term of office shall be similarly filled for the unexpired term. A member of the board may be reappointed. The members of the board may be removed only for disability, neglect of duty, or malfeasance in office by the Board of Pardons after a hearing. The Board of Pardons shall promptly file in the office of the Secretary of State a complete statement of the charges, its findings and disposition, and a complete record of the proceedings.
Source
Laws 1969, c. 817, § 21, p. 3084;
Laws 1973, LB 524, § 2;
Laws 1987, LB 603, § 2;
Laws 1994, LB 677, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-191 - Board of Parole; members; restriction on activities; salary.

83-191.
Board of Parole; members; restriction on activities; salary.
The members of the Board of Parole shall devote full time to their duties with such board and shall not engage in any other business or profession or hold any other public office. No member shall, at the time of his or her appointment or during his or her tenure, serve as the representative of any political party or of any executive committee or governing body thereof or as an executive officer or employee of any political party, organization, association, or committee. A member shall resign from the board upon filing as a candidate for any elective public office. Each member of the board shall receive an annual salary to be fixed by the Governor. Such salaries shall be paid in equal monthly portions.
Source
Laws 1969, c. 817, § 22, p. 3085;
Laws 1973, LB 524, § 3;
Laws 1987, LB 603, § 3;
Laws 1992, Third Spec. Sess., LB 13, § 2;
Laws 1994, LB 677, § 5;
Laws 2018, LB841, § 21.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-192.01 - Board of Parole Grant Awards Cash Fund; created; use; investment.

83-192.01.
Board of Parole Grant Awards Cash Fund; created; use; investment.
The Board of Parole Grant Awards Cash Fund is created. All funds received by virtue of public grants awarded to the Board of Parole shall be remitted to the State Treasurer for credit to the fund. The fund shall be utilized by the board for the purposes stated in the individual grant applications and awards. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2018, LB841, § 23.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-193 - Board of Parole; no jurisdiction over person neglected, dependent, delinquent, or in need of special supervision.

83-193.
Board of Parole; no jurisdiction over person neglected, dependent, delinquent, or in need of special supervision.
The Board of Parole shall not have jurisdiction over persons who are committed to the Department of Correctional Services after being found neglected, dependent, delinquent or in need of special supervision in accordance with the provisions of Chapter 43, article 2.
Source
Laws 1969, c. 817, § 24, p. 3086.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-194 - Board of Parole; advise Board of Pardons upon request.

83-194.
Board of Parole; advise Board of Pardons upon request.
The Board of Parole shall, when requested by the Board of Pardons, advise it concerning applications requesting the exercise of pardon authority and shall make such investigation and collect such records as may bear on such applications.
Source
Laws 1969, c. 817, § 25, p. 3086.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-195 - Board of Parole; issue process; service; compel attendance of witnesses; fees.

83-195.
Board of Parole; issue process; service; compel attendance of witnesses; fees.
In the performance of its duties, the Board of Parole, 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, § 26, p. 3087;
Laws 1981, LB 204, § 202;
Laws 1988, LB 864, § 64.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-196 - Board of Parole; quorum; decisions; record.

83-196.
Board of Parole; quorum; decisions; record.
Three members of the Board of Parole shall constitute a quorum for the purpose of transacting any official business. The decisions of the Board of Parole shall be by majority vote. The board shall keep a record of its acts and shall notify the Director of Correctional Services of its decisions relating to offenders who are or have been committed.
Source
Laws 1969, c. 817, § 27, p. 3087;
Laws 1987, LB 603, § 4.