reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-422 - Delivering prisoners to chief executive officer; documents.

83-422.
Delivering prisoners to chief executive officer; documents.
When any convicted prisoner is delivered to the chief executive officer, the officer having the prisoner in charge shall deliver to the chief executive officer a certified copy of the sentence received by the officer from the clerk of the district court and shall take from the chief executive officer a certificate of the delivery of the prisoner. The certified copy of the sentence shall be evidence of the facts contained therein.
Source
Laws 1897, c. 75, § 33, p. 341;
R.S.1913, § 7338;
C.S.1922, § 6998;
C.S.1929, § 83-935;
R.S.1943, § 83-422;
Laws 1993, LB 31, § 34.
Annotations
When the certified copy of judgment or sentence includes a statement of the nature of the imprisonment imposed and the duration thereof, it fulfills all purposes contemplated by this section. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).
Provisions hereof, relative to delivery of convicts to penitentiary, are equally applicable to state reformatory for men. Myers v. Fenton, 121 Neb. 56, 236 N.W. 143 (1931).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-423 - Costs; transporting prisoners; returning fugitives from justice; counties to pay.

83-423.
Costs; transporting prisoners; returning fugitives from justice; counties to pay.
Each county shall pay the costs of transporting convicted prisoners to any Department of Correctional Services adult facility and the cost of returning fugitives from justice.
Source
Laws 1915, c. 138, § 1, p. 304;
C.S.1922, § 7000a;
C.S.1929, § 83-938;
R.S.1943, § 83-423;
Laws 1993, LB 31, § 35.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-424 - Fees and expenses; transporting prisoners; mileage; paid by county where crime was committed; amounts.

83-424.
Fees and expenses; transporting prisoners; mileage; paid by county where crime was committed; amounts.
The expenses and fees of sheriffs and other officers incurred in conveying convicted prisoners to any Department of Correctional Services adult facility shall be examined, adjusted, and approved by the county board and paid out of the treasury of the county in which the crime was committed. The county board shall allow expenses and fees at the following rates: (1) For the sheriff, six dollars per day for time actually necessary in conveying a prisoner to the facility and return; and (2) for each assistant or guard absolutely necessary, six dollars per day. No allowance for assistance shall be made when only one prisoner is conveyed to a facility. The county board shall allow the actual and necessary traveling expenses in going and coming. When the trip is made by automobile, mileage included in such expenses shall be computed at the rate provided in section 33-117 for county sheriffs and deputy county sheriffs for each mile actually and necessarily traveled by the most direct route.
Source
Laws 1897, c. 75, § 36, p. 341;
R.S.1913, § 7341;
Laws 1915, c. 138, § 2, p. 304;
C.S.1922, § 7001;
C.S.1929, § 83-939;
Laws 1933, c. 96, § 21, p. 399;
C.S.Supp.,1941, § 83-939;
R.S.1943, § 83-424;
Laws 1947, c. 123, § 3, p. 361;
Laws 1953, c. 348, § 1, p. 1124;
Laws 1957, c. 70, § 11, p. 303;
Laws 1959, c. 84, § 6, p. 389;
Laws 1961, c. 162, § 2, p. 492;
Laws 1965, c. 566, § 1, p. 1851;
Laws 1969, c. 823, § 1, p. 3130;
Laws 1974, LB 625, § 5;
Laws 1978, LB 691, § 5;
Laws 1980, LB 615, § 5;
Laws 1981, LB 204, § 207;
Laws 1993, LB 31, § 36.
Annotations
Sheriff's per diem should be accounted for to county. Drexel v. Douglas County, 62 Neb. 862, 87 N.W. 1053 (1901).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-427 - Adult facility; escapee.

83-427.
Adult facility; escapee.
When any inmate escapes from any Department of Correctional Services adult facility, the chief executive officer of the facility shall use all proper means for the apprehension of the inmate.
Source
Laws 1897, c. 75, § 34, p. 341;
R.S.1913, § 7339;
C.S.1922, § 6999;
C.S.1929, § 83-936;
R.S.1943, § 83-427;
Laws 1993, LB 31, § 37.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-443 - Financial interest in inmate labor prohibited; violation; penalty.

83-443.
Financial interest in inmate labor prohibited; violation; penalty.
No officer or employee of the Department of Correctional Services who has charge, control, or direction of any inmates shall be in any manner whatever financially interested in the work or profit of the labor of any inmate, and no such officer or employee shall receive any pay, gift, gratuity, or favor of a valuable character from any person interested either directly or indirectly in such labor. Any person violating this section shall be guilty of a Class IV felony. The offense may be reduced to a misdemeanor upon recommendation of the jury, if the court concurs in the recommendation. In such a case, the defendant shall be summarily discharged by the Director of Correctional Services.
Source
Laws 1921, c. 285, § 2, p. 931;
C.S.1922, § 6974;
C.S.1929, § 83-911;
R.S.1943, § 83-443;
Laws 1973, LB 563, § 48;
Laws 1977, LB 39, § 314;
Laws 1993, LB 31, § 38.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-444 - Department officers and employees; interest in prison work prohibited.

83-444.
Department officers and employees; interest in prison work prohibited.
No officer or employee of the Department of Correctional Services shall employ inmates on work in which he or she or any other officer has a personal interest. No such officer or employee shall be connected with or have any interest in the business or shops belonging to the department.
Source
Laws 1897, c. 75, § 18, p. 338;
R.S.1913, § 7326;
C.S.1922, § 6986;
C.S.1929, § 83-923;
R.S.1943, § 83-444;
Laws 1993, LB 31, § 39.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-454 - Howard's Day; observance in all state penal and reformatory institutions.

83-454.
Howard's Day; observance in all state penal and reformatory institutions.
The second day of September in each year, the birthday of John Howard, the author of prison reform throughout the world, shall be observed as a legal holiday in all the penal and reformatory institutions of this state and shall be known as "Howard's Day".
Source
Laws 1911, c. 135, § 1, p. 447;
R.S.1913, § 7352;
C.S.1922, § 7012;
C.S.1929, § 83-950;
R.S.1943, § 83-454.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,109 - Adult institutions; disciplinary procedures; laws governing.

83-4,109.
Adult institutions; disciplinary procedures; laws governing.
Disciplinary procedures in adult institutions administered by the Department of Correctional Services shall be governed by the provisions of sections 83-4,109 to 83-4,123.
Source
Laws 1976, LB 275, § 1;
Laws 1993, LB 31, § 51.
Annotations
Sections 83-4,109 to 83-4,123 constitute a special act relating to disciplinary procedures in adult correctional institutions and control over the more general provisions which are found in the Administrative Procedure Act. Reed v. Parratt, 207 Neb. 796, 301 N.W.2d 343 (1981).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,110 - Terms, defined.

83-4,110.
Terms, defined.
For purposes of sections 83-4,109 to 83-4,123, unless the context otherwise requires:
(1) Director shall mean the Director of Correctional Services; and
(2) Department shall mean the Department of Correctional Services.
Source
Laws 1976, LB 275, § 2;
Laws 1993, LB 31, § 52.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,111 - Rules and regulations; purpose; contents; rights and privileges of inmates.

83-4,111.
Rules and regulations; purpose; contents; rights and privileges of inmates.
(1) The department shall adopt and promulgate rules and regulations to establish criteria for justifiably and reasonably determining which rights and privileges an inmate forfeits upon commitment and which rights and privileges an inmate retains.
(2) Such rules and regulations shall include, but not be limited to, criteria concerning (a) disciplinary procedures and a code of offenses for which discipline may be imposed, (b) disciplinary segregation, (c) grievance procedures, (d) good-time credit, (e) mail and visiting privileges, and (f) rehabilitation opportunities.
(3) The rules and regulations adopted pursuant to sections 83-4,109 to 83-4,123 shall in no manner deprive an inmate of any rights and privileges to which he or she is entitled under other provisions of law or under policies adopted in a correctional facility.
Source
Laws 1976, LB 275, § 3;
Laws 1993, LB 31, § 53.
Annotations
The language of this section does not establish a right in inmates to a determination of which rights they retain upon commitment. Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012).
The Nebraska Department of Correctional Services' duty to promulgate rules and regulations regarding inmate rights under this section has been fulfilled by the promulgation of 68 Neb. Admin. Code, chs. 1 through 9 (2008). Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,112 - Rules and regulations; filed; distributed; inmates to be informed of rules and policies.

83-4,112.
Rules and regulations; filed; distributed; inmates to be informed of rules and policies.
(1) Copies of all rules and regulations shall be filed pursuant to the Administrative Procedure Act and shall be distributed to all adult correctional facilities in this state.
(2) Inmates shall be informed of rules and policies concerning behavior and discipline, inmate rights and developmental opportunities, work or education programs, and complaint procedures at the facility. Such rules and policies, or significant portions thereof, shall be posted at conspicuous places throughout the facility.
Source
Laws 1976, LB 275, § 4;
Laws 1993, LB 31, § 54.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,113 - Adult disciplinary action; rules posted.

83-4,113.
Adult disciplinary action; rules posted.
All adult disciplinary action within the system of the department shall be pursuant to sections 83-4,109 to 83-4,123. Inmates shall be informed of rules of behavior and discipline. Such rules shall be posted or otherwise made available to the inmates.
Source
Laws 1976, LB 275, § 5;
Laws 1993, LB 31, § 55.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,114.02 - Inmate; disciplinary measures; confirmation testing.

83-4,114.02.
Inmate; disciplinary measures; confirmation testing.
Before disciplinary measures are taken against an inmate for drug or alcohol violations, an inmate may request and the department shall provide independent confirmation testing of positive results of urinalysis testing. If the confirmation test remains positive, the inmate may be required to pay the cost of the confirmation test.
Source
Laws 1999, LB 865, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,115 - Review of disciplinary action; administrative review boards; membership.

83-4,115.
Review of disciplinary action; administrative review boards; membership.
Any review of disciplinary action imposed upon any person shall be pursuant to sections 83-4,109 to 83-4,123. The director shall establish procedures to review the disciplinary actions of inmates. The director may establish one or more administrative review boards within the department to review disciplinary actions. No member of any review board shall also be a member of a disciplinary hearing board, but the same considerations for appointing members to the disciplinary hearing board may apply to appointing members to a review board.
Source
Laws 1976, LB 275, § 7;
Laws 1993, LB 31, § 57.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,120 - Infraction of rules or policies; report; filed with warden.

83-4,120.
Infraction of rules or policies; report; filed with warden.
A written report of any infraction shall be filed with the warden within seventy-two hours of the occurrence of such infraction or the discovery of it. Such report shall be placed in the files of the institution or facility.
Source
Laws 1976, LB 275, § 12.
Annotations
Where a disciplinary misconduct report was not prepared and submitted within 72 hours of the discovery of a penal inmate's infraction and the inmate was not prejudiced by the delay, there is no violation of due process. Billups v. Nebraska Dept. of Corr. Servs. Appeals Bd., 238 Neb. 39, 469 N.W.2d 120 (1991).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,121 - Disciplinary proceeding; when commenced; exception.

83-4,121.
Disciplinary proceeding; when commenced; exception.
No disciplinary proceeding shall be commenced more than eight calendar days after the infraction or the discovery of such infraction unless the committed person is unable or unavailable for any reason to participate in a disciplinary proceeding.
Source
Laws 1976, LB 275, § 13.
Annotations
An inmate not prejudiced by a violation of this section's 8-day requirement has not suffered a violation of his or her due process rights. Billups v. Nebraska Dept. of Corr. Servs. Appeals Bd., 238 Neb. 39, 469 N.W.2d 120 (1991).
This section requires only that disciplinary action be commenced within eight days, not that the hearing be completed within that period. A disciplinary proceeding, under this section, commences when written notice of the alleged infraction is served upon the inmate. Johnson v. Vitek, 205 Neb. 745, 290 N.W.2d 190 (1980).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,123 - Access to courts and legal assistance unrestricted.

83-4,123.
Access to courts and legal assistance unrestricted.
Nothing in sections 83-4,109 to 83-4,123 shall be construed as to restrict or impair an inmate's free access to the courts and necessary legal assistance in any cause of action arising under such sections or to judicial review for disciplinary cases which involve the imposition of disciplinary isolation or the loss of good-time credit in accordance with the Administrative Procedure Act. Such judicial review may only be invoked after completion of any review of the hearing prescribed by section 83-4,122 by the department.
Source
Laws 1976, LB 275, § 15;
Laws 1988, LB 673, § 2;
Laws 1993, LB 31, § 59.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
An inmate's right of access to the courts in Nebraska is no greater than those rights of access to the federal courts under the U.S. Constitution. Jacob v. Nebraska Dept. of Corr. Servs., 294 Neb. 735, 884 N.W.2d 687 (2016).
Judicial review of a disciplinary case in an adult institution is permitted only when the disciplinary action imposed on the inmate involves the imposition of disciplinary isolation or the loss of good-time credit. Dittrich v. Nebraska Dept. of Corr. Servs., 248 Neb. 818, 539 N.W.2d 432 (1995).
Judicial review of disciplinary cases is limited to those cases which involve the imposition of the penalties enumerated in this section. Abdullah v. Nebraska Dept. of Corr. Servs., 245 Neb. 545, 513 N.W.2d 877 (1994).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,126 - Jail Standards Board; powers and duties; enumerated.

83-4,126.
Jail Standards Board; powers and duties; enumerated.
(1) Except as provided in subsection (2) of this section, the Jail Standards Board shall have the authority and responsibility:
(a) To develop minimum standards for the construction, maintenance, and operation of criminal detention facilities;
(b) To perform other duties as may be necessary to carry out the policy of the state regarding criminal detention facilities, juvenile detention facilities, and staff secure juvenile facilities as stated in sections 83-4,124 to 83-4,134.02; and
(c) Consistent with the purposes and objectives of the Juvenile Services Act, to develop standards for juvenile detention facilities and staff secure juvenile facilities, including, but not limited to, standards for physical facilities, care, programs, and disciplinary procedures, and to develop guidelines pertaining to the operation of such facilities.
(2) The Jail Standards Board shall not have authority over or responsibility for correctional facilities that are accredited by a nationally recognized correctional association. A correctional facility that is accredited by a nationally recognized correctional association shall show proof of accreditation annually to the Jail Standards Board. For purposes of this subsection, nationally recognized correctional association includes, but is not limited to, the American Correctional Association or its successor.
Source
Laws 1975, LB 417, § 28;
Laws 1978, LB 212, § 3;
R.S.Supp.,1980, § 83-948;
Laws 1990, LB 663, § 17;
Laws 1992, LB 1184, § 19;
Laws 2011, LB390, § 27;
Laws 2013, LB561, § 66;
Laws 2016, LB894, § 21;
Laws 2020, LB230, § 2.
Cross References
Juvenile Services Act, see section 43-2401.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,127 - Jail Standards Board; develop and implement standards for criminal detention facilities.

83-4,127.
Jail Standards Board; develop and implement standards for criminal detention facilities.
On or before July 1, 1979, the Jail Standards Board shall study, develop, and implement minimum standards for the construction, maintenance, and operation of criminal detention facilities pursuant to sections 83-4,128 to 83-4,130.
Source
Laws 1978, LB 212, § 4;
R.S.Supp.,1980, § 83-948.01.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,128 - Criminal detention facilities; minimum construction standards.

83-4,128.
Criminal detention facilities; minimum construction standards.
The minimum standards for the construction of criminal detention facilities shall include but not be limited to standards for the planning, design, or actual construction of new, modified, or renovated facilities, in excess of five thousand dollars.
Source
Laws 1978, LB 212, § 5;
R.S.Supp.,1980, § 83-948.02.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,129 - Criminal detention facilities; maintenance standards; enumerated.

83-4,129.
Criminal detention facilities; maintenance standards; enumerated.
The standards for the maintenance of criminal detention facilities shall include but not be limited to standards for:
(1) The staffing, training, and demeanor of personnel;
(2) The procedures for the admission and release of prisoners;
(3) The assignment procedures for assigning prisoners to housing, programs, and related activities;
(4) The establishment of a standardized records and statistical system for criminal detention facilities;
(5) The establishment of systems and procedures for the handling of prisoner mail, visits, and telephone services;
(6) The procedures for prisoner access to the media, general library, exercise, and recreation;
(7) The procedures for prisoner access to legal material, legal counsel, and religion;
(8) The supervision and uses of the facility arsenal, firearms, and key room;
(9) Food services;
(10) Health services; and
(11) Prisoner conduct.
Source
Laws 1978, LB 212, § 6;
R.S.Supp.,1980, § 83-948.03.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,130 - Criminal detention facilities; operation standards; enumerated.

83-4,130.
Criminal detention facilities; operation standards; enumerated.
The standards for the operation of criminal detention facilities shall include but not be limited to standards for:
(1) The classification and reclassification of prisoners;
(2) The rehabilitative services required for prisoners;
(3) The disciplinary procedures for prisoners;
(4) The grievance procedure for prisoners; and
(5) The search and admission of visitors.
Source
Laws 1978, LB 212, § 7;
R.S.Supp.,1980, § 83-948.04.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,131 - Detention and staff secure juvenile facility; inspection; report.

83-4,131.
Detention and staff secure juvenile facility; inspection; report.
Personnel of the Nebraska Commission on Law Enforcement and Criminal Justice shall visit and inspect each criminal detention facility, juvenile detention facility, and staff secure juvenile facility in the state, except correctional facilities accredited by a nationally recognized correctional association pursuant to subsection (2) of section 83-4,126, for the purpose of determining the conditions of confinement, the treatment of persons confined in the facilities, and whether such facilities comply with the minimum standards established by the Jail Standards Board. A written report of each inspection shall be made within thirty days following such inspection to the appropriate governing body responsible for the criminal detention facility, juvenile detention facility, or staff secure juvenile facility involved. The report shall specify those areas in which the facility does not comply with the required minimum standards.
Source
Laws 1975, LB 417, § 30;
Laws 1978, LB 212, § 8;
R.S.Supp.,1980, § 83-950;
Laws 1981, LB 328, § 10;
Laws 1992, LB 1184, § 20;
Laws 1996, LB 233, § 18;
Laws 2011, LB390, § 28;
Laws 2013, LB561, § 67.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,132 - Detention and staff secure juvenile facility; inspection; failure to meet minimum standards; corrective action.

83-4,132.
Detention and staff secure juvenile facility; inspection; failure to meet minimum standards; corrective action.
If an inspection under sections 83-4,124 to 83-4,134.02 discloses that the criminal detention facility, juvenile detention facility, or staff secure juvenile facility does not meet the minimum standards established by the Jail Standards Board, the board shall send notice, together with the inspection report, to the governing body responsible for the facility. The appropriate governing body shall promptly meet to consider the inspection report, and the inspection personnel shall appear before the governing body to advise and consult concerning appropriate corrective action. The governing body shall then initiate appropriate corrective action within six months after the receipt of such inspection report or may voluntarily close the facility or the objectionable portion thereof.
Source
Laws 1975, LB 417, § 31;
Laws 1978, LB 212, § 9;
R.S.Supp.,1980, § 83-951;
Laws 1992, LB 1184, § 21;
Laws 1996, LB 233, § 19;
Laws 2013, LB561, § 68;
Laws 2016, LB894, § 22;
Laws 2020, LB230, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,133 - Detention and staff secure juvenile facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal.

83-4,133.
Detention and staff secure juvenile facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal.
If the governing body of the juvenile detention facility, criminal detention facility, or staff secure juvenile facility fails to initiate corrective action within six months after the receipt of such inspection report, fails to correct the disclosed conditions, or fails to close the criminal detention facility, juvenile detention facility, or staff secure juvenile facility or the objectionable portion thereof, the Jail Standards Board may petition the district court within the judicial district in which such facility is located to close the facility. Such petition shall include the inspection report regarding such facility. The local governing body shall then have thirty days to respond to such petition and shall serve a copy of the response on the Jail Standards Board by certified mail, return receipt requested. Thereafter, a hearing shall be held on the petition before the district court, and an order shall be rendered by such court which either:
(1) Dismisses the petition of the Jail Standards Board;
(2) Directs that corrective action be initiated in some form by the local governing body of the facility in question; or
(3) Directs that the facility be closed. An appeal from the decision of the district court may be taken to the Court of Appeals.
Source
Laws 1975, LB 417, § 32;
Laws 1978, LB 212, § 10;
R.S.Supp.,1980, § 83-952;
Laws 1991, LB 732, § 154;
Laws 1992, LB 1184, § 22;
Laws 1998, LB 695, § 6;
Laws 2009, LB218, § 11;
Laws 2013, LB561, § 69.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,134 - Detention and staff secure juvenile facility; standards applicable; when; violation of standards; effect.

83-4,134.
Detention and staff secure juvenile facility; standards applicable; when; violation of standards; effect.
Sections 83-4,124 to 83-4,134.01 shall be implemented upon completion of the development of minimum standards by the Jail Standards Board. Thereafter, inspections shall begin, but no criminal detention facility, juvenile detention facility, or staff secure juvenile facility shall be closed within one year of the date of first filing of the minimum standards in the office of the Secretary of State. After one year from the date of first filing of the minimum standards, a facility may be closed for any violation of the minimum standards. Those standards relating to the construction of the facility itself and its plumbing, heating, and wiring systems shall not be enforced so as to require the closing of any facility for a period of two years from the date of the first filing of the minimum standards unless such violations are of immediate danger to the safety of the persons confined in the facility or facility personnel, in which case such period shall be one year.
Source
Laws 1975, LB 417, § 33;
Laws 1978, LB 212, § 11;
R.S.Supp.,1980, § 83-953;
Laws 1992, LB 1184, § 23;
Laws 2013, LB561, § 70;
Laws 2016, LB894, § 23.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,135 - Inmate; right to file grievance; procedure.

83-4,135.
Inmate; right to file grievance; procedure.
An inmate shall have the right to file a grievance on any subject except disciplinary actions and matters over which the Department of Correctional Services has no control. Grievance procedures shall provide for the review of grievances by a person or persons other than the person or persons directly responsible for the conditions or actions against which the grievance is filed.
Source
Laws 1993, LB 31, § 60.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,136 - Grievance review procedures; records.

83-4,136.
Grievance review procedures; records.
Grievance review procedures shall provide that a record of grievances and any decision made with respect to such grievances shall be preserved for a period of one year.
Source
Laws 1976, LB 275, § 8;
R.S.1943, (1987), § 83-4,116;
Laws 1993, LB 31, § 61.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,137 - Grievance review procedures; grievance to go to director, Public Counsel, or other appropriate person.

83-4,137.
Grievance review procedures; grievance to go to director, Public Counsel, or other appropriate person.
Grievance review procedures shall allow inmates to communicate grievances directly to the Director of Correctional Services, the office of the Public Counsel, or any other appropriate person outside the Department of Correctional Services.
Source
Laws 1976, LB 275, § 9;
R.S.1943, (1987), § 83-4,117;
Laws 1993, LB 31, § 62.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,138 - Grievance procedures; inmates to be informed of procedures.

83-4,138.
Grievance procedures; inmates to be informed of procedures.
All inmates shall be informed of the grievance procedures established by the department and copies of such procedures shall be available to all inmates.
Source
Laws 1976, LB 275, § 10;
R.S.1943, (1987), § 83-4,118;
Laws 1993, LB 31, § 63.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,139 - Use of grievance procedure unrestricted.

83-4,139.
Use of grievance procedure unrestricted.
Discipline shall not be imposed because of use of the grievance procedure.
Source
Laws 1976, LB 275, § 11;
R.S.1943, (1987), § 83-4,119;
Laws 1993, LB 31, § 64.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,142 - Department of Correctional Services; duties; legislative intent.

83-4,142.
Department of Correctional Services; duties; legislative intent.
The Department of Correctional Services shall develop and implement an incarceration work camp for placement of felony offenders as a transitional phase prior to release on parole or as assigned by the Director of Correctional Services pursuant to subsection (2) of section 83-176. As part of the incarceration work camp, an intensive residential drug treatment program may be developed and implemented for felony offenders.
It is the intent of the Legislature that the incarceration work camp serve to reduce prison overcrowding and to make prison bed space available for violent offenders. It is the further intent of the Legislature that the incarceration work camp serve the interests of society by addressing the criminogenic needs of certain designated offenders and by deterring such offenders from engaging in further criminal activity. To accomplish these goals, the incarceration work camp shall provide regimented, structured, disciplined programming, including all of the following: Work programs; vocational training; behavior management and modification; money management; substance abuse awareness, counseling, and treatment; and education, programming needs, and aftercare planning, which will increase the offender's abilities to lead a law-abiding, productive, and fulfilling life as a contributing member of a free society.
Source
Laws 1997, LB 882, § 2;
Laws 2005, LB 538, § 27;
Laws 2007, LB83, § 1;
Laws 2009, LB274, § 1;
Laws 2019, LB340, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,143 - Eligibility for incarceration work camp; Board of Parole or Director of Correctional Services; considerations; duration.

83-4,143.
Eligibility for incarceration work camp; Board of Parole or Director of Correctional Services; considerations; duration.
(1) It is the intent of the Legislature that the Board of Parole may recommend placement of felony offenders at the incarceration work camp. The offenders recommended by the board shall be offenders currently housed at other Department of Correctional Services adult correctional facilities and shall complete the incarceration work camp programming prior to release on parole.
(2) When the Board of Parole is of the opinion that a felony offender currently incarcerated in a Department of Correctional Services adult correctional facility may benefit from a brief and intensive period of regimented, structured, and disciplined programming immediately prior to release on parole, the board may direct placement of such an offender in an incarceration work camp for a period not to exceed one hundred eighty days as a condition of release on parole. The board may consider such placement if the felony offender (a) is medically and mentally fit to participate, with allowances given for reasonable accommodation as determined by medical and mental health professionals, and (b) has not previously been incarcerated for a violent felony crime. Offenders convicted of a crime under sections 28-319 to 28-322.05 or of any capital crime are not eligible to be placed in an incarceration work camp.
(3) The Director of Correctional Services may assign a felony offender to an incarceration work camp if he or she believes it is in the best interests of the felony offender and of society, except that offenders convicted of a crime under sections 28-319 to 28-322.05 or of any capital crime are not eligible to be assigned to an incarceration work camp pursuant to this subsection.
Source
Laws 1997, LB 882, § 3;
Laws 2000, LB 288, § 1;
Laws 2005, LB 538, § 28;
Laws 2006, LB 1199, § 104;
Laws 2007, LB83, § 2;
Laws 2009, LB97, § 29;
Laws 2009, LB274, § 2;
Laws 2015, LB268, § 33;
Referendum 2016, No. 426;
Laws 2019, LB340, § 3;
Laws 2019, LB519, § 16.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,144 - Incarceration work camp; release on parole.

83-4,144.
Incarceration work camp; release on parole.
An offender placed in an incarceration work camp pursuant to a recommendation of the Board of Parole shall be released on parole upon successful completion, as determined by the board, of the incarceration work camp program.
Source
Laws 1997, LB 882, § 4;
Laws 2007, LB83, § 3;
Laws 2019, LB340, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,145 - Incarceration work camp; failure to complete program; effect.

83-4,145.
Incarceration work camp; failure to complete program; effect.
An offender placed at the incarceration work camp pursuant to a recommendation of the Board of Parole who fails to successfully complete the incarceration work camp program shall be returned to the board for a rescission hearing. Credit shall be given for time actually served in the incarceration work camp program.
Source
Laws 1997, LB 882, § 5;
Laws 2007, LB83, § 4;
Laws 2019, LB340, § 5.
Annotations
Defendants are to be given credit for time served at work camp programs. State v. Becker, 282 Neb. 449, 804 N.W.2d 27 (2011).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,146 - Incarceration work camp; costs.

83-4,146.
Incarceration work camp; costs.
All costs incurred during the period the offender is committed to an incarceration work camp shall be the responsibility of the state, including the cost of transporting the offender to the incarceration work camp and for returning the offender to the appropriate Department of Correctional Services adult correctional facility if the offender is discharged for unsatisfactory performance from the incarceration work camp.
Source
Laws 1997, LB 882, § 6;
Laws 2003, LB 46, § 29;
Laws 2007, LB83, § 5;
Laws 2019, LB340, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,147 - Report; contents.

83-4,147.
Report; contents.
An annual progress report shall be provided electronically to the Legislature ensuring that all programmatic objectives are being met. The report shall include an evaluation of the impact of the multi-treatment programs, including program costs, educational achievement, inmate disciplinary activity, probation release decisionmaking, and community reintegration on November 1 of the year following implementation.
Source
Laws 1997, LB 882, § 7;
Laws 2012, LB782, § 217.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,154 - Terms, defined.

83-4,154.
Terms, defined.
For purposes of the Nebraska Correctional Health Care Services Act:
(1) Community standard of health care means medical care of the type, quality, and amount that any individual residing within the community in question could expect to receive in that community;
(2) Department means the Department of Correctional Services;
(3) Health care services means all medical care provided by or on behalf of the department to inmates and includes the practice of medicine and surgery, the practice of pharmacy, nursing care, dental care, optometric care, audiological care, physical therapy, mental health care, and substance abuse counseling and treatment;
(4) Inmate means an individual in the custody of the department; and
(5) Medical doctor means a person licensed to practice medicine and surgery in this state.
Source
Laws 2001, LB 154, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,156 - Medical director; appointment.

83-4,156.
Medical director; appointment.
The Director of Correctional Services shall appoint a medical director for the department who shall be a medical doctor. The medical director shall be a person familiar with principles of quality assurance and internal credentialing procedures and shall be under the sole immediate supervision of the Director of Correctional Services.
Source
Laws 2001, LB 154, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,158 - Internal credentialing program.

83-4,158.
Internal credentialing program.
The internal credentialing program shall include for each health care staff member being considered for employment or retention (1) an investigation of the history of the health care staff member using (a) when possible, the national practitioner data bank under the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., as such act existed on September 1, 2001, and (b) contacts with prior employers of the health care staff member and (2) confirmation of all professional permits, licenses, or other authorizations to practice of the health care staff member. The medical director shall maintain a credentialing file for all health care staff members employed by the department. The medical director shall ensure the recredentialing of each health care staff member employed by the department every two years.
Source
Laws 2001, LB 154, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,159 - Health care personnel and clinics; requirements.

83-4,159.
Health care personnel and clinics; requirements.
(1) In assigning health care staff to the correctional facilities under the control of the department, the medical director shall ensure that each facility has at least one designated medical doctor on call at all times and that each facility housing more than five hundred inmates has at least one full-time medical doctor assigned to that facility as his or her primary employment location.
(2) The medical director shall establish an acute care clinic in each of the correctional facilities and ensure that each clinic is staffed by at least one medical doctor, physician assistant, or advanced practice registered nurse practicing under and in accordance with his or her respective certification act.
(3) The medical director shall establish chronic care clinics to provide health care services to inmates with chronic disease conditions, including diabetes and hypertension.
(4) The medical director shall establish a human immunodeficiency virus infection and acquired immunodeficiency syndrome chronic care clinic which shall provide for the relevant treatment, counseling, and education of inmates who are known to be infected with the human immunodeficiency virus.
Source
Laws 2001, LB 154, § 7;
Laws 2005, LB 256, § 99.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,160 - Medical treatment protocols.

83-4,160.
Medical treatment protocols.
All medical treatment protocols developed, approved, and implemented by the department shall be based upon a community standard of health care. When applicable, these medical treatment protocols shall emphasize the need to maintain the continuity of any previously prescribed drugs, devices, or biologicals and treatment regimens that inmates are subject to when they enter the custody of the department. The medical director shall establish a mechanism for the periodic systematic review of all existing medical treatment protocols. All deviations from the approved medical treatment protocols shall be thoroughly documented by the department's health care staff and shall be systematically reviewed by the department's peer review and quality assurance panel.
Source
Laws 2001, LB 154, § 8.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,161 - Communicable diseases; medical treatment protocols.

83-4,161.
Communicable diseases; medical treatment protocols.
In developing medical treatment protocols for the clinics, the medical director shall define the circumstances under which chronically ill inmates should return to the chronic care clinics for check-ups and when appointments should be made for chronically ill inmates to next be examined by health care staff. In developing and implementing medical treatment protocols for clinics for the detection and treatment of communicable diseases, the medical director shall ensure that the medical treatment protocols include:
(1) Provisions allowing for the routine immunization against communicable diseases of all inmates upon entering the custody of the department;
(2) Provisions requiring each inmate to be screened for communicable diseases, including (a) human immunodeficiency virus, (b) hepatitis A virus, (c) hepatitis B virus, (d) hepatitis C virus, (e) tuberculosis, and (f) sexually transmitted diseases, when the inmate enters into the custody of the department;
(3) Provisions requiring each inmate to be screened for (a) human immunodeficiency virus, unless previously tested positive, (b) hepatitis B virus, unless previously tested positive, (c) hepatitis C virus, unless previously tested positive, (d) tuberculosis, unless tested within the immediately preceding year or previously tested positive, and (e) sexually transmitted diseases, when the inmate leaves the custody of the department. No such screening shall be conducted without inmate consent;
(4) Provisions requiring any inmate in the custody of the department found to be infected with any of the diseases referenced in subdivision (2) of this section, when medically indicated, to be immediately referred to an infectious disease specialist for appropriate treatment;
(5) Provisions describing in detail those circumstances when it is medically desirable, because of risk to other noninfected inmates, to segregate, on an individual basis, any inmate found to be infected with the human immunodeficiency virus and also describing those circumstances when there is no longer a perceived medical need to continue the segregation of such an inmate;
(6) Provisions requiring that all health care staff who provide health care services be screened for communicable diseases, including (a) human immunodeficiency virus, (b) hepatitis A virus, (c) hepatitis B virus, and (d) hepatitis C virus, upon their entry into the employment of the department, and that all health care staff also be screened annually for tuberculosis; and
(7) Provisions allowing for employees of the department who come into immediate personal contact with the inmates to be immunized for hepatitis B virus.
Source
Laws 2001, LB 154, § 9;
Laws 2005, LB 320, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,162 - Drugs; medical treatment protocols.

83-4,162.
Drugs; medical treatment protocols.
The medical director shall develop and implement medical treatment protocols regarding the use of drugs, devices, or biologicals for the treatment of inmates and shall ensure that those protocols are consistent with a community standard of health care. In developing these protocols, the medical director shall ensure that the medical treatment protocols include:
(1) Provisions requiring that only the relevant health care staff is involved in determining the number and dosages of the drugs, devices, or biologicals to be received by inmates under their care;
(2) Provisions establishing a system for monitoring the administration of drugs, devices, or biologicals to ensure that all prescribed drugs, devices, or biologicals are made available to the inmates; and
(3) Provisions establishing a system for monitoring and removing expired drugs, devices, or biologicals within the department's medication inventory which conforms with the requirements of section 71-2413.
Source
Laws 2001, LB 154, § 10.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,163 - Surgical procedures; medical treatment protocols.

83-4,163.
Surgical procedures; medical treatment protocols.
The medical director shall develop and implement medical treatment protocols for common surgical procedures. In developing these protocols, the medical director shall ensure that the medical treatment protocols include:
(1) Provisions defining procedures that are considered to be major surgery;
(2) Provisions requiring that all inmates needing major surgery are referred to appropriate specialists and facilities outside of the department for that surgery;
(3) Provisions requiring the implementation of pain management measures within an appropriate time after the completion of surgical procedures;
(4) Provisions requiring that all decisions by the health care staff regarding whether or not surgery should be performed are based on a community standard of health care; and
(5) Provisions requiring the health care staff to carefully document the rationale for each of their decisions to resort to surgery or to refrain from surgery as a treatment option.
Source
Laws 2001, LB 154, § 11.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,164 - Peer review and quality assurance program.

83-4,164.
Peer review and quality assurance program.
The peer review and quality assurance program developed and implemented by the medical director shall provide for the ongoing review of the quality of health care services. This peer review and quality assurance program shall be carried out by a peer review and quality assurance panel comprised of medical doctors providing health care services and such other health care staff as the department designates. The peer review and quality assurance program shall be conducted through regular periodic meetings of the peer review and quality assurance panel for the purpose of examining issues pertaining to the quality of health care services. The peer review and quality assurance panel shall also conduct a regular review of selected cases arising in order to identify, critique, and correct errors in the practices and procedures of the health care staff. The peer review and quality assurance panel shall also review (1) all cases in which there has been a death of an inmate and (2) all cases in which there have been deviations from the approved medical treatment protocols of the department. The medical director shall develop and implement a procedure for the direct feedback to the peer review and quality assurance panel of inmate complaints and other information from inmates pertaining to health care services. A permanent record of the meetings and deliberations of the peer review and quality assurance panel shall be maintained, but the records and all other evidence pertaining directly to the deliberations of the peer review and quality assurance panel are not subject to discovery in any civil action arising out of the health care services provided by or on behalf of the department.
Source
Laws 2001, LB 154, § 12.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-802 - Chief executive officer of Department of Health and Human Services; duties.

83-802.
Chief executive officer of Department of Health and Human Services; duties.
Pursuant to the compact as provided in section 83-801, the chief executive officer of the Department of Health and Human Services or such person as the chief executive officer may designate shall be the compact administrator and shall have the power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
Source
Laws 1969, c. 556, § 2, p. 2271;
Laws 1996, LB 1044, § 957;
Laws 2007, LB296, § 806.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-803 - Compact administrator; powers.

83-803.
Compact administrator; powers.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Source
Laws 1969, c. 556, § 3, p. 2271.