2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-4,114 - Disciplinary restrictions and punishment; degree; solitary confinement prohibited; annual report; contents.

83-4,114.
Disciplinary restrictions and punishment; degree; solitary confinement prohibited; annual report; contents.
(1) There shall be no corporal punishment or disciplinary restrictions on diet.
(2) Disciplinary restrictions on clothing, bedding, mail, visitations, use of toilets, washbowls, or scheduled showers shall be imposed only for abuse of such privilege or facility and only as authorized by written directives, guidance documents, and operational manuals.
(3) No person shall be placed in solitary confinement.
(4) The director shall issue an annual report on or before September 15 to the Governor and the Clerk of the Legislature. The report to the Clerk of the Legislature shall be issued electronically. For all inmates who were held in restrictive housing during the prior year, the report shall contain the race, gender, age, and length of time each inmate has continuously been held in restrictive housing. The report shall also contain:
(a) The number of inmates held in restrictive housing;
(b) The reason or reasons each inmate was held in restrictive housing;
(c) The number of inmates held in restrictive housing who have been diagnosed with a mental illness or behavioral disorder and the type of mental illness or behavioral disorder by inmate;
(d) The number of inmates who were released from restrictive housing directly to parole or into the general public and the reason for such release;
(e) The number of inmates who were placed in restrictive housing for his or her own safety and the underlying circumstances for each placement;
(f) To the extent reasonably ascertainable, comparable statistics for the nation and each of the states that border Nebraska pertaining to subdivisions (4)(a) through (e) of this section;
(g) The mean and median length of time for all inmates held in restrictive housing; and
(h) A description of all inmate housing areas that hold inmates in a setting that is neither general population nor restrictive housing, including the purpose of each setting, data on how many inmates were held in such settings, the average length of stay in such settings, information on programs provided in each setting, data on program completions in each setting, staffing levels and types of staff in each setting, and any other information or data relevant to the operation of such settings. For the purposes of this subdivision, general population means an inmate housing area that allows out-of-cell movement without the use of restraints, a minimum of six hours per day of out-of-cell time, regular access to programming areas outside the living unit, and access to services available to the broader population.
Source
Laws 1976, LB 275, § 6;
Laws 2015, LB598, § 33;
Laws 2016, LB1094, § 43;
Laws 2019, LB686, § 14;
Laws 2023, LB157, § 16.
Operative Date: September 2, 2023
Annotations
This statute, which provides certain limitations on the use of solitary confinement, is inapplicable to inmates under the sentence of death who are kept in administrative segregation. Anderson and Hochstein v. Gunter, 226 Neb. 724, 414 N.W.2d 281 (1987).