reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2248 - Association; duties.

29-2248.
Association; duties.
The association shall:
(1) Encourage development and implementation of uniform criteria for sentencing criminals;
(2) Participate in planning and presenting institutes and seminars for all judges in this state who sentence criminals or juveniles to discuss problems related to sentencing criminals or juveniles;
(3) Participate in planning and presenting orientation programs for new judges, such programs to include discussions of sentencing alternatives, procedures, and purposes;
(4) Visit from time to time correctional facilities of this state;
(5) Encourage creation and development of community resources of value to the probation system;
(6) Conduct such other programs of whatever nature of interest to its members;
(7) Exercise all powers and perform all duties necessary and proper to carry out its responsibilities; and
(8) Participate in planning and presenting institutes and seminars for all county employees who work in the judicial branch of government.
Source
Laws 1971, LB 680, § 3;
Laws 1979, LB 536, § 2;
Laws 2001, LB 489, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2249 - Office of Probation Administration; created; personnel.

29-2249.
Office of Probation Administration; created; personnel.
The Office of Probation Administration is hereby created within the judicial branch of government and directly responsible to the Supreme Court. The office shall consist of the probation administrator, the Nebraska Probation System, and such other employees as may be necessary to carry out the functions of the Nebraska Probation System.
Source
Laws 1971, LB 680, § 4;
Laws 1978, LB 625, § 7;
Laws 1979, LB 536, § 3;
Laws 1986, LB 529, § 33.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2249.04 - Transferred employees; benefits.

29-2249.04.
Transferred employees; benefits.
Accrued leave and benefits for separate juvenile court probation employees and municipal court employees who have become state employees pursuant to law shall be subject to this section.
(1) The city or county shall transfer all accrued sick leave of such employees up to the maximum number of accumulated hours for sick leave allowed by the state for state probation officers and the city or county shall reimburse the state in an amount equal to twenty-five percent of the value of such accrued sick leave hours based on the straight-time rate of pay for the employee. For any accrued sick leave hours of an employee which are in excess of the amount that can be transferred, the city or county shall reimburse the employee for twenty-five percent of the value of the sick leave hours based on the straight-time rate of pay for the employee.
(2) The transferred employee may transfer the maximum amount of accrued annual leave earned as an employee of the city or county allowed by the state. The city or county shall reimburse the state in an amount equal to one hundred percent of the value of the hours of accrued annual leave transferred. The city or county shall reimburse the transferred employee in an amount equal to one hundred percent of the hours of any accrued annual leave in excess of the amount which may be transferred based on the employee's straight-time rate of pay at the time of transfer.
(3) Any employee transferred to the Office of Probation Administration shall not lose any accrual rate value for his or her sick leave or vacation leave as a result of such transfer. The employee may use each year's service with the city or county as credit in qualifying for accrual rates with the state's sick leave and vacation leave programs.
(4) When accrued sick leave and vacation leave for a transferred employee are at a greater rate value than allowed by the state's sick leave and vacation leave plans, the city or county shall pay to the state on July 1, 1985, an amount equal to the difference between the value of such benefits allowed by the city or county and by the state based on, at the time of transfer, twenty-five percent of the employee's straight-time rate of pay for the sick leave and one hundred percent of the employee's straight-time rate of pay for vacation leave. The state may receive reimbursement based on such difference in rate values not later than July 1, 1990.
(5) The transferred employee shall not receive any additional accrual rate value for state benefits until the employee meets the qualifications for the increased accrual rates pursuant to the state's requirements.
(6) The transferred employee shall participate in and be covered by the Nebraska State Insurance Program, sections 84-1601 to 84-1615, on July 1, 1985.
Source
Laws 1984, LB 13, § 64;
Laws 1986, LB 529, § 34.
Cross References
Municipal court, transfer of duties, see sections 24-515 and 24-593.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2250 - Office of Probation Administration; duties.

29-2250.
Office of Probation Administration; duties.
The office shall:
(1) Supervise and administer the system;
(2) Establish probation policies and standards for the system, with the concurrence of the Supreme Court; and
(3) Supervise offenders placed on probation in another state who are within the state pursuant to the Interstate Compact for Adult Offender Supervision.
Source
Laws 1971, LB 680, § 5;
Laws 1978, LB 625, § 8;
Laws 1979, LB 536, § 4;
Laws 1986, LB 529, § 35;
Laws 2003, LB 46, § 4.
Note:
Laws 2003, LB 46, section 51, provided this section became operative "when thirty-five states have adopted the Interstate Compact for Adult Offender Supervision". By June 2002, the compact had reached this threshold. (See www.interstatecompact.org.) LB 46 became effective May 24, 2003.
Cross References
Interstate Compact for Adult Offender Supervision, see section 29-2639.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2251 - Probation administrator; appointment; qualifications.

29-2251.
Probation administrator; appointment; qualifications.
The Supreme Court shall appoint a probation administrator who shall be a person with appropriate experience in the field of probation or with training in relevant disciplines at a recognized college or university and who shall serve at the pleasure of the Supreme Court.
Source
Laws 1971, LB 680, § 6;
Laws 1979, LB 536, § 5;
Laws 1986, LB 529, § 36.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2252.01 - Probation administrator; report required.

29-2252.01.
Probation administrator; report required.
On January 15 and July 15 of each fiscal year, the administrator shall provide a report to the budget division of the Department of Administrative Services, the Legislative Fiscal Analyst, and the Supreme Court which shall include, but not be limited to:
(1) The total number of felony cases supervised by the office in the previous six months for both regular and intensive supervision probation;
(2) The total number of misdemeanor cases supervised by the office in the previous six months for both regular and intensive supervision probation;
(3) The felony caseload per officer for both regular and intensive supervision probation on the last day of the reporting period;
(4) The misdemeanor caseload per officer for both regular and intensive supervision probation on the last day of the reporting period;
(5) The total number of juvenile cases supervised by the office in the previous six months for both regular and intensive supervision probation;
(6) The total number of predisposition investigations completed by the office in the previous six months;
(7) The total number of presentence investigations completed by the office in the previous six months;
(8) The total number of juvenile intake screening interviews conducted and detentions authorized by the office in the previous six months, using the detention screening instrument described in section 43-260.01; and
(9) The total number of probationers with restitution judgments, the number of restitution payments made to clerks of the court, the average amount of payments, and the total amount of restitution collected.
The report submitted to the Legislative Fiscal Analyst shall be submitted electronically.
Source
Laws 1990, LB 220, § 4;
Laws 2001, LB 451, § 2;
Laws 2012, LB782, § 33;
Laws 2015, LB605, § 65;
Laws 2016, LB1094, § 13.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2253 - Probation administrator; probation districts; employees; appointment; principal office.

29-2253.
Probation administrator; probation districts; employees; appointment; principal office.
(1) The administrator, with the concurrence of the Supreme Court, shall divide the state into probation districts and may from time to time alter the boundaries of such districts in order to maintain the most economical, efficient, and effective utilization of the system.
(2) The administrator shall appoint temporary and permanent probation officers and employees for each probation district as may be required to provide adequate probation services.
(3) The administrator shall appoint a chief probation officer with the concurrence of the majority of all judges within a probation district.
(4) The administrator shall, with the concurrence of all of the separate juvenile court judges within each separate juvenile court, (a) appoint for each separate juvenile court a chief juvenile probation officer, any deputy juvenile probation officers required, and such other employees as may be required to provide adequate probation services for such court and (b) set the salaries of such officers and employees. The chief and deputy juvenile probation officers shall be selected with reference to experience and understanding of problems of family life and child welfare, juvenile delinquency, community organizations, and training in the recognition and treatment of behavior disorders.
(5) The administrator may direct a probation officer of one probation district to temporarily act as probation officer for a court in another probation district, and such probation officer while so serving shall have all the powers and responsibilities as if he or she were serving in the probation district to which he or she was originally appointed.
(6) The administrator, with the concurrence of the Supreme Court, shall designate the location of the principal office of the system within each probation district.
Source
Laws 1971, LB 680, § 8;
Laws 1979, LB 536, § 7;
Laws 1984, LB 13, § 66;
Laws 1986, LB 529, § 38.
Cross References
Juvenile court, offices for officers and employees, see section 43-2,113.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2254 - Interstate Compact for Adult Offender Supervision; administrators; duties.

29-2254.
Interstate Compact for Adult Offender Supervision; administrators; duties.
The compact administrator appointed pursuant to the Interstate Compact for Adult Offender Supervision shall delegate to the probation administrator authority and responsibility for:
(1) Implementation and administration of the compact as it affects probationers; and
(2) Supervision of probationers either sentenced to probation within the state and supervised in another state or placed on probation in another state and supervised within this state pursuant to the compact.
Source
Laws 1971, LB 680, § 9;
Laws 2003, LB 46, § 6.
Note:
Laws 2003, LB 46, section 51, provided this section became operative "when thirty-five states have adopted the Interstate Compact for Adult Offender Supervision". By June 2002, the compact had reached this threshold. (See www.interstatecompact.org.) LB 46 became effective May 24, 2003.
Cross References
Interstate Compact for Adult Offender Supervision, see section 29-2639.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2255 - Interlocal agreement; costs; requirements.

29-2255.
Interlocal agreement; costs; requirements.
Any interlocal agreement authorized by subdivision (16) of section 29-2252 shall require the political subdivision party to the agreement to provide sufficient resources to cover all costs associated with the participation of probation personnel or use of probation resources other than costs covered by funds provided pursuant to section 29-2262.07 or substance abuse treatment costs covered by funds appropriated for such purpose.
Source
Laws 2005, LB 538, § 6;
Laws 2011, LB390, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2256 - Volunteers; use of.

29-2256.
Volunteers; use of.
Nothing in the Nebraska Probation Administration Act shall be construed to prohibit any court or probation office from utilizing volunteers from the community for probation supervision. The volunteer program shall be supervised by a full-time probation officer who meets the minimum qualifications established by the office.
Source
Laws 1971, LB 680, § 11;
Laws 2016, LB1094, § 14.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2257 - Nebraska Probation System; established; duties; salary equalization.

29-2257.
Nebraska Probation System; established; duties; salary equalization.
The Nebraska Probation System is established which shall consist of the probation administrator, chief probation officers, probation officers, and support staff. The system shall be responsible for juvenile intake services, for preadjudication juvenile supervision services under section 43-254 beginning October 1, 2013, for presentence and other probation investigations, for the direct supervision of persons placed on probation, and for non-probation-based programs and services authorized by an interlocal agreement pursuant to subdivision (16) of section 29-2252. The system shall be sufficient in size to assure that no probation officer carries a caseload larger than is compatible with adequate probation investigation or supervision. Probation officers shall be compensated with salaries substantially equal to other state employees who have similar responsibilities.
This provision for salary equalization shall apply only to probation officers and support staff and shall not apply to chief probation officers, the probation administrator, the chief deputy administrator, the deputy probation administrator, or any other similarly established management positions.
Source
Laws 1971, LB 680, § 12;
Laws 1986, LB 529, § 39;
Laws 1995, LB 371, § 14;
Laws 2001, LB 451, § 3;
Laws 2005, LB 538, § 8;
Laws 2013, LB561, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2259 - Probation administrator; office; salaries; expenses; office space; prepare budget; interpreter services.

29-2259.
Probation administrator; office; salaries; expenses; office space; prepare budget; interpreter services.
(1) The salaries and expenses incident to the conduct and maintenance of the office shall be paid by the state. Other expenses shall be paid by the state as provided in sections 81-1174 to 81-1177.
(2) The salaries and travel expenses of the probation service shall be paid by the state. Travel expenses shall be paid as provided in sections 81-1174 to 81-1177.
(3) Except as provided in sections 29-2262 and 29-2262.04, the costs of drug testing and equipment incident to the electronic surveillance of individuals on probation shall be paid by the state.
(4) The expenses incident to the conduct and maintenance of the principal office within each probation district shall in the first instance be paid by the county in which it is located, but such county shall be reimbursed for such expenses by all other counties within the probation district to the extent and in the proportions determined by the Supreme Court based upon population, number of investigations, and probation cases handled or upon such other basis as the Supreme Court deems fair and equitable.
(5) Each county shall provide office space and necessary facilities for probation officers performing their official duties and shall bear the costs incident to maintenance of such offices other than salaries, travel expenses, and data processing and word processing hardware and software that is provided on the state computer network.
(6) The cost of interpreter services for deaf and hard of hearing persons and for persons unable to communicate the English language shall be paid by the state with money appropriated to the Supreme Court for that purpose or from other funds, including grant money, made available to the Supreme Court for such purpose. Interpreter services shall include auxiliary aids for deaf and hard of hearing persons as defined in section 20-151 and interpreters to assist persons unable to communicate the English language as defined in section 25-2402. Interpreter services shall be provided under this section for the purposes of conducting a presentence investigation and for ongoing supervision by a probation officer of such persons placed on probation.
(7) The probation administrator shall prepare a budget and request for appropriations for the office and shall submit such request to the Supreme Court and with its approval to the appropriate authority in accordance with law.
Source
Laws 1971, LB 680, § 14;
Laws 1979, LB 536, § 9;
Laws 1981, LB 204, § 43;
Laws 1986, LB 529, § 41;
Laws 1989, LB 2, § 1;
Laws 1990, LB 220, § 5;
Laws 1992, LB 1059, § 24;
Laws 1999, LB 54, § 4;
Laws 2011, LB669, § 23;
Laws 2020, LB381, § 23.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2259.01 - Probation Cash Fund; created; use; investment.

29-2259.01.
Probation Cash Fund; created; use; investment.
(1) There is hereby created the Probation Cash Fund. All money collected pursuant to subdivisions (2)(m) and (2)(o) of section 29-2262 shall be remitted to the State Treasurer for credit to the fund.
(2) Expenditures from the money in the fund collected pursuant to subdivisions (2)(m) and (2)(o) of section 29-2262 shall include, but not be limited to, supplementing any state funds necessary to support the costs of the services for which the money was collected.
(3) 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.
(4) The State Treasurer shall transfer any remaining money in the fund collected pursuant to subdivisions (4)(a) and (4)(b) of section 60-4,115 on January 1, 2012, to the Department of Motor Vehicles Ignition Interlock Fund.
Source
Laws 1990, LB 220, § 6;
Laws 1992, LB 1059, § 25;
Laws 1994, LB 1066, § 20;
Laws 2001, Spec. Sess., LB 3, § 2;
Laws 2003, LB 46, § 7;
Laws 2009, LB497, § 1;
Laws 2011, LB667, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2259.02 - State Probation Contractual Services Cash Fund; created; use; investment.

29-2259.02.
State Probation Contractual Services Cash Fund; created; use; investment.
The State Probation Contractual Services Cash Fund is created. The fund shall consist only of payments received by the state pursuant to contractual agreements with local political subdivisions for probation services provided by the Office of Probation Administration. Except as otherwise directed by the Supreme Court during the period from November 21, 2009, until June 30, 2013, the fund shall only be used to pay for probation services provided by the Office of Probation Administration to local political subdivisions which enter into contractual agreements with the Office of Probation Administration. The fund shall be administered by the probation administrator. 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 2000, LB 1216, § 29;
Laws 2009, First Spec. Sess., LB3, § 14;
Laws 2011, LB378, § 19.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2260.01 - Juvenile intake services; duties; intent.

29-2260.01.
Juvenile intake services; duties; intent.
It is the intent of the Legislature to ensure that a consistent and objective method of juvenile intake occur throughout the state for juveniles held in temporary custody by a law enforcement officer, in accordance with section 43-250, to avoid either inappropriate or unnecessary detention of juveniles which may result in inordinately high detention rates, overcrowding of local detention facilities, excessive detention costs for counties, and adverse consequences for the juvenile, the juvenile's family, or the community. Juvenile intake services shall be administered by probation officers acting as juvenile probation intake officers and shall be available to all juvenile courts in the state, both county courts sitting as juvenile courts and separate juvenile courts. Such probation officers shall be appointed by the probation administrator and designated within respective probation districts based upon the need for such services as the probation administrator determines. In order to adequately provide juvenile intake services statewide and in accordance with the Juvenile Detention and Probation Services Implementation Team Interim Report and Recommendations filed with the Legislature December 15, 2000, it is the intent of the Legislature to appropriate funds to the system to provide seven additional probation officers to act in the capacity of juvenile probation intake officers.
Source
Laws 2001, LB 451, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2260.02 - Department of Health and Human Services; administer Title IV-E state plan; Office of Probation Administration; powers and duties.

29-2260.02.
Department of Health and Human Services; administer Title IV-E state plan; Office of Probation Administration; powers and duties.
The Department of Health and Human Services, as the single state agency administering the Title IV-E state plan, has the authority to enter into the agreement with the Office of Probation Administration to act as a surrogate of the Department of Health and Human Services to administer the Title IV-E state plan for children it has placement and care authority of. The Department of Health and Human Services as the public agency administering or supervising the administration of the Title IV-E state plan in accordance with section 472(a)(2)(B)(ii) of the federal Social Security Act, 42 U.S.C. 672(a)(2)(B)(ii), to obtain federal reimbursement for allowable maintenance, administrative, and training expenses in accordance with Title IV-E of the federal Social Security Act, Public Law 96-272, Public Law 105-89, and Public Law 110-351, maintains the ultimate responsibility to supervise the Office of Probation Administration's activities regarding the Title IV-E requirements for eligible children served under the agreement.
The Office of Probation Administration has placement and care responsibility for juveniles in out-of-home placement, also known as foster care, described in subdivision (1), (2), (3)(b), or (4) of section 43-247. Placement and care constitutes accountability for the day-to-day care and protection of juveniles. The responsibility of having placement and care includes the development of an individual case plan for the juvenile, including periodic review of the appropriateness and suitability of the plan and the foster care placement, to ensure that proper care and services are provided to facilitate return to the juvenile's own home or to make an alternative placement. The case plan activities include such items as assessing family strength and needs, identifying and using community resources, and the periodic review and determination of continued appropriateness of placement. Placement and care does not include rights retained by the legal custodian, including, but not limited to, provisions and decisions surrounding education, morality, religion, discipline, and medical care.
Source
Laws 2014, LB464, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2262.02 - Intensive supervision probation programs; legislative findings and intent.

29-2262.02.
Intensive supervision probation programs; legislative findings and intent.
The Legislature finds and declares that intensive supervision probation programs are an effective and desirable alternative to imprisonment. It is the Legislature's intent to encourage the establishment of programs for the intensive supervision of selected probationers. It is further the intent of the Legislature that such programs be formulated to protect the safety and welfare of the public in the community where the programs are operating and throughout the State of Nebraska.
Source
Laws 1990, LB 220, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2262.03 - Court; order of intensive supervision probation; when; laws applicable.

29-2262.03.
Court; order of intensive supervision probation; when; laws applicable.
(1) Whenever the court considers the sentence for an offender convicted of any crime for which a term of imprisonment of six months or more is possible and mandatory minimum imprisonment is not specifically required, the court may withhold the sentence of imprisonment and sentence the offender to intensive supervision probation. The decision whether to sentence an offender to intensive supervision probation shall be guided by the criteria for withholding a sentence of imprisonment as set forth in subsection (2) of this section and subsections (2) and (3) of section 29-2260.
(2) Intensive supervision probation shall be governed by the laws governing probation except as required by specific provisions of this section and sections 29-2252.01, 29-2262.02, 29-2262.04, and 29-2262.05.
Source
Laws 1990, LB 220, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2262.04 - Intensive supervision probation programs; contents; supervision required; electronic device or system; cost.

29-2262.04.
Intensive supervision probation programs; contents; supervision required; electronic device or system; cost.
Selected offenders in intensive supervision probation programs shall receive the highest level of supervision that is provided to probationers. Such programs may include, but shall not be limited to, highly restricted activities, daily contact between the offender and the probation officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, and restitution and community service. Selected offenders monitored by an electronic device or system shall be required to pay the cost of such a device or system if the offender has the financial ability. It is the intent of the Legislature that such programs shall minimize any risk to the public.
Source
Laws 1990, LB 220, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2262.05 - Intensive supervision probation programs; Supreme Court; duties.

29-2262.05.
Intensive supervision probation programs; Supreme Court; duties.
The Supreme Court shall establish and enforce the standards and criteria for the administration of the intensive supervision probation programs.
Source
Laws 1990, LB 220, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2262.07 - Probation Program Cash Fund; created; use; investment.

29-2262.07.
Probation Program Cash Fund; created; use; investment.
The Probation Program Cash Fund is created. All funds collected pursuant to section 29-2262.06 shall be remitted to the State Treasurer for credit to the fund. Except as otherwise directed by the Supreme Court during the period from November 21, 2009, until June 30, 2013, the fund shall be utilized by the administrator for the purposes stated in subdivisions (14) and (17) of section 29-2252, except that the State Treasurer shall, on or before June 30, 2011, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services, transfer the amount set forth in Laws 2009, LB1, One Hundred First Legislature, First Special Session. 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.
On July 15, 2010, the State Treasurer shall transfer three hundred fifty thousand dollars from the Probation Program Cash Fund to the Violence Prevention Cash Fund. The Office of Violence Prevention shall distribute such funds as soon as practicable after July 15, 2010, to organizations or governmental entities that have submitted violence prevention plans and that best meet the intent of reducing street and gang violence and reducing homicides and injuries caused by firearms.
Source
Laws 2003, LB 46, § 13;
Laws 2009, First Spec. Sess., LB3, § 15;
Laws 2010, LB800, § 8;
Laws 2011, LB378, § 20;
Laws 2011, LB390, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2265 - Probation; transfer or retention of jurisdiction over probationer; determination; effect.

29-2265.
Probation; transfer or retention of jurisdiction over probationer; determination; effect.
(1) Whenever an offender is placed on probation and will reside in a location outside the jurisdiction of the sentencing court, the sentencing court may:
(a) Retain jurisdiction over the probationer and the subject matter of the action; or
(b) Transfer jurisdiction over the probationer and the subject matter of the action to an appropriate court in the judicial district in which the probationer will reside.
(2) When a court determines to transfer jurisdiction under subdivision (1)(b) of this section, it shall:
(a) Obtain the concurrence of the court to which transfer is to be made;
(b) File a certified transcript of the action out of which the probationer's conviction arose with the clerk of the court to which jurisdiction is transferred; and
(c) Furnish the chief probation officer of the district in which the probationer will reside with a copy of any presentence investigation.
(3) Upon the filing of the transcript in accordance with subdivision (2)(b) of this section, the court making the transfer shall have no further jurisdiction of the subject matter of the action or over the probationer. The court to which jurisdiction is transferred shall immediately enter an order placing the transferred probationer on probation under such conditions as it may deem appropriate in accordance with the Nebraska Probation Administration Act.
(4) When a court retains jurisdiction under subdivision (1)(a) of this section and the probationer will reside in a different probation district from that of the sentencing court, the court may notify the chief probation officer in the probation district in which the probationer will reside to supervise such probationer under the terms of the probation order and in accordance with the Nebraska Probation Administration Act.
Source
Laws 1971, LB 680, § 20;
Laws 1986, LB 529, § 42.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2266.03 - Probation officer; imposition of custodial sanction; report to sentencing court; hearing; notice; rights of probationer; county attorney; powers; commitment order.

29-2266.03.
Probation officer; imposition of custodial sanction; report to sentencing court; hearing; notice; rights of probationer; county attorney; powers; commitment order.
(1) Whenever a probation officer seeks to impose a custodial sanction and the probationer acknowledges the violation, agrees to the custodial sanction, and waives the hearing, the probation officer shall submit a written report to the sentencing court outlining the nature of the violation and the sanction to be imposed. Upon receiving the probation officer’s report, the court shall issue a commitment order accordingly.
(2) Whenever a probation officer seeks to impose a custodial sanction and the probationer declines to acknowledge the violation, the probation officer shall submit a written report to the sentencing court outlining the nature of the violation and the sanction to be imposed. The probationer is entitled to a prompt consideration of such charge by the sentencing court. Except as provided in subsection (1) of this section, the court shall not impose a custodial sanction on a probationer unless the violation of probation is established at a hearing by a preponderance of the evidence.
(3) Prior to the custodial sanction hearing, the probation officer shall provide the probationer written notice of the grounds on which the request to impose a custodial sanction is based. The probationer has the right to hear and controvert the evidence against him or her, to offer evidence in his or her defense, and to be represented by counsel. The right to hear and controvert the evidence does not include a right to confront witnesses. The right to offer evidence includes, but is not limited to, the right to submit affidavits and reports for consideration by the court and the right to testify and call witnesses.
(4) The county attorney of the county where probation was imposed may appear at and participate in a custodial sanction hearing to offer evidence, call witnesses, and cross-examine witnesses. The court shall receive the affidavit and report of the probation officer as evidence and may receive additional affidavits and reports related to the requested sanction or sanctions.
(5) After a custodial sanction hearing, if the court determines that a custodial sanction should be imposed, the court shall issue a commitment order accordingly. The decision to impose a custodial sanction shall be based upon the probationer's risk level, the severity of the violation, and the probationer's response to the violation, and shall be made in accordance with the procedure in this section, relevant court rules, and the matrix of rewards and graduated sanctions developed by the administrator. A custodial sanction may be combined with one or more administrative sanctions.
Source
Laws 2016, LB1094, § 22.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2269 - Act, how cited.

29-2269.
Act, how cited.
Sections 29-2244 to 29-2269 shall be known and may be cited as the Nebraska Probation Administration Act.
Source
Laws 1971, LB 680, § 31;
Laws 1990, LB 220, § 9;
Laws 2003, LB 46, § 14;
Laws 2005, LB 538, § 11;
Laws 2010, LB800, § 9;
Laws 2014, LB464, § 6;
Laws 2016, LB1094, § 25;
Laws 2023, LB50, § 12.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2270 - Individual less than nineteen years of age; conditions of probation.

29-2270.
Individual less than nineteen years of age; conditions of probation.
Any individual who is less than nineteen years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to an order of the district court, county court, or juvenile court shall, as a condition of probation, be required to:
(1) Attend school to obtain vocational training or to achieve an appropriate educational level as prescribed by the probation officer after consultation with the school the individual attends or pursuant to section 29-2272. If the individual fails to attend school regularly, maintain appropriate school behavior, or make satisfactory progress as determined by the probation officer after consultation with the school and the individual does not meet the requirements of subdivision (2) of this section, the district court, county court, or juvenile court shall take appropriate action to enforce, modify, or revoke its order granting probation; or
(2) Attend an on-the-job training program or secure and maintain employment. If the individual fails to attend the program or maintain employment and does not meet the requirements of subdivision (1) of this section, the district court, county court, or juvenile court shall take appropriate action to enforce, modify, or revoke its order granting probation.
Source
Laws 1994, LB 1250, § 1.
Annotations
This section does not authorize the detention of a juvenile placed on probation by a juvenile court. In re Interest of Dakota M., 279 Neb. 802, 781 N.W.2d 612 (2010).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2271 - Individuals less than nineteen years of age; applicability of section.

29-2271.
Individuals less than nineteen years of age; applicability of section.
Section 29-2270 shall not apply to individuals who pass the general education development test or who earn a high school diploma. Subdivision (2) of section 29-2270 shall not apply to an individual required to attend school pursuant to section 79-201.
Source
Laws 1994, LB 1250, § 2;
Laws 1996, LB 900, § 1034.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2272 - Individuals less than nineteen years of age; readmission to school; school officials; duties; court review; expulsion; screening for disabilities.

29-2272.
Individuals less than nineteen years of age; readmission to school; school officials; duties; court review; expulsion; screening for disabilities.
(1) If the individual chooses to meet the requirements of section 29-2270 by attending a public school and the individual has previously been expelled from school, prior to the readmission of the individual to the school, school officials shall meet with the individual's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. The district court, county court, or juvenile court shall review the conditions of probation for the individual and may continue the expulsion or return the individual to school under the agreed conditions.
(2) The school board may expel the individual for subsequent actions as provided in section 79-267.
(3) The individual shall be screened by the school to which he or she is admitted for possible disabilities and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.
Source
Laws 1994, LB 1250, § 3;
Laws 1996, LB 900, § 1035.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2273 - Individuals less than nineteen years of age; establishment of programs; authorized.

29-2273.
Individuals less than nineteen years of age; establishment of programs; authorized.
The school district and the district court, county court, or juvenile court may establish education, counseling, or other programs to improve the behavior and educational performance of individuals covered by section 29-2270.
Source
Laws 1994, LB 1250, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2277 - Terms, defined.

29-2277.
Terms, defined.
As used in sections 29-2277 to 29-2279, unless the context otherwise requires:
(1) Agency means any public or governmental unit, institution, division, or agency or any private nonprofit organization which provides services intended to enhance the social welfare or general well-being of the community, which agrees to accept community service from offenders and to supervise and report the progress of such community service to the court or its representative;
(2) Community correctional facility or program has the same meaning as in section 47-621; and
(3) Community service means uncompensated labor for an agency to be performed by an offender when the offender is not working or attending school.
Source
Laws 1986, LB 528, § 1;
Laws 2017, LB259, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2278 - Community service; sentencing; when; failure to perform; effect; exception to eligibility.

29-2278.
Community service; sentencing; when; failure to perform; effect; exception to eligibility.
An offender may be sentenced to community service (1) as an alternative to a fine, incarceration, or supervised probation, or in lieu of incarceration if he or she fails to pay a fine as ordered, except when the violation of a misdemeanor or felony requires mandatory incarceration or imposition of a fine, (2) as a condition of probation, or (3) in addition to any other sanction. The court or magistrate shall establish the terms and conditions of community service including, but not limited to, a reasonable time limit for completion. The performance or completion of a sentence of community service or an order to complete community service may be supervised or confirmed by a community correctional facility or program or another similar entity, as ordered by the court or magistrate. If an offender fails to perform community service as ordered by the court or magistrate, he or she may be arrested and after a hearing may be resentenced on the original charge, have probation revoked, or be found in contempt of court. No person convicted of an offense involving serious bodily injury or sexual assault shall be eligible for community service.
Source
Laws 1986, LB 528, § 2;
Laws 2017, LB259, § 8.
Annotations
Statute does not permit the requirement of community service in addition to a period of incarceration. State v. Burnett, 227 Neb. 351, 417 N.W.2d 355 (1988).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2279 - Community service; length.

29-2279.
Community service; length.
The length of a community service sentence shall be as follows:
(1) Pursuant to section 29-2206, 29-2208, or 29-2412, for an infraction, not less than four nor more than twenty hours;
(2) For a violation of a city ordinance that is an infraction and not pursuant to section 29-2206, 29-2208, or 29-2412, not less than four hours;
(3) For a Class IV or Class V misdemeanor, not less than four nor more than eighty hours;
(4) For a Class III or Class IIIA misdemeanor, not less than eight nor more than one hundred fifty hours;
(5) For a Class I or Class II misdemeanor, not less than twenty nor more than four hundred hours;
(6) For a Class IIIA or Class IV felony, not less than two hundred nor more than three thousand hours; and
(7) For a Class III felony, not less than four hundred nor more than six thousand hours.
Source
Laws 1986, LB 528, § 3;
Laws 1997, LB 364, § 15;
Laws 2017, LB259, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2282 - Property damage; bodily injury; death; relief authorized.

29-2282.
Property damage; bodily injury; death; relief authorized.
In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendant; or (3) payment of the reasonable replacement value of the property, if return or repair is impossible, impractical, or inadequate. If the offense results in bodily injury, the court may require payment of necessary medical care, including, but not limited to, physical or psychological treatment and therapy, and payment for income lost due to such bodily injury. If the offense results in the death of the victim, the court may require payment to be made to the estate of the victim for the cost of any medical care prior to death and for funeral and burial expenses.
Source
Laws 1986, LB 956, § 3.
Annotations
Restitution will be upheld if calculated by use of reasonable methods; therefore, when the defendant does not present contradictory evidence, the court does not err in relying on a victim's competent estimates of loss. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).
The determination of whether return or repair is impossible, impractical, or inadequate is left to the sound discretion of the sentencing court and is not necessarily bound by concepts of fair market value. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).
This section warrants restitution where the offense results in damage, destruction, or loss of property. State v. McBride, 27 Neb. App. 219, 927 N.W.2d 842 (2019).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2283 - Collateral payment; effect; setoff.

29-2283.
Collateral payment; effect; setoff.
The court shall not impose restitution for a loss for which the victim has received compensation, except that the court may order payment by the defendant to any person who has compensated the victim to the extent that such compensation has been provided. Any amount paid to a victim pursuant to an order of restitution shall be set off against any amount later recovered as compensatory damages in a civil action.
Source
Laws 1986, LB 956, § 4.
Annotations
An insurance company which makes payments to a victim is included under the term "person" found in this section. State v. Holecek, 260 Neb. 976, 621 N.W.2d 100 (2000).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2284 - Probation or parole; revocation; conditions.

29-2284.
Probation or parole; revocation; conditions.
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the restitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
Source
Laws 1986, LB 956, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2285 - Restitution; petition to adjust; procedures.

29-2285.
Restitution; petition to adjust; procedures.
A defendant, victim, or the personal representative of the victim's estate may petition the sentencing court to adjust or otherwise waive payment or performance of any ordered restitution or any unpaid or unperformed portion thereof. The court may schedule a hearing and give the parties notice of the hearing date, place, and time and inform the parties that he or she will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition or amount and method of payment or other restitution ordered no longer exist or that it otherwise would be unjust to require payment or other restitution as imposed, the court may adjust or waive payment of the unpaid portion thereof or other restitution or modify the time or method of making restitution.
Source
Laws 1986, LB 956, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2286 - Restitution; enforcement; by whom.

29-2286.
Restitution; enforcement; by whom.
An order of restitution may be enforced by a victim named in the order to receive the restitution or the personal representative of the victim's estate in the same manner as a judgment in a civil action. If the victim is deceased and no claim is filed by the personal representative of the estate or if the victim cannot be found, the Attorney General may enforce such order of restitution for the benefit of the Victim's Compensation Fund.
Source
Laws 1986, LB 956, § 7.
Cross References
Reparations, Nebraska Crime Victim's Reparations Act, see section 81-1841.
Victim's Compensation Fund, see section 81-1835.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2287 - Restitution; effect on civil action.

29-2287.
Restitution; effect on civil action.
(1) Sections 29-2280 to 29-2289 shall not limit or impair the right of a victim to sue and recover damages from the defendant in a civil action.
(2) The findings in the sentencing hearing and the fact that restitution was required or paid shall not be admissible as evidence in a civil action and shall have no legal effect on the merits of a civil action.
(3) Any restitution paid by the defendant to the victim shall be set off against any judgment in favor of the victim in a civil action arising out of the facts or events which were the basis for the restitution. The court trying the civil action shall hold a separate hearing to determine the validity and amount of any setoff asserted by the defendant.
Source
Laws 1986, LB 956, § 8.