reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-002 - Petition for Declaratory Order

Current through June 17, 2024
002.01 Generally. A
				request for a declaratory order must be made by a petition that meets the
				requirements of this section.
002.02 Who May File. Any person may petition
				the agency for issuance of a declaratory order as to the applicability to
				specified circumstances of a statute, rule, regulation, or order which is
				within the primary jurisdiction of the agency.
002.03 When Orders Appropriate. A declaratory
				order may be requested on the applicability of a statute, rule, regulation, or
				order enforced by the agency. "Applicability" refers to the appropriateness of
				the relation of the law to the person, property, or state of facts, or its
				relevance under the circumstances given. It may include such questions as
				whether the law applies at all, to whom it applies, when it applies, how it
				applies, or which law applies. Considerations as to whether issuance of a
				declaratory order is appropriate include:
002.03A A declaratory order may be requested
				only on the applicability of existing statutes and rules and
				regulations.
002.03B A declaratory
				order may be requested to obtain a determination of proposed conduct, not to
				obtain a determination of the effect of conduct that has already
				occurred.
002.03C A declaratory
				order is not a mechanism for review or appeal of a decision made by the agency
				in a contested case.
002.03D A
				declaratory order may not be requested to obtain a declaration by the agency
				that a statute or regulation is unconstitutional or that a regulation of the
				agency is invalid.
002.03E A
				declaratory order may not be issued by the agency that would substantially
				prejudice the rights of a person who would be a necessary party and who does
				not consent in writing to the determination of the matter by a declaratory
				order proceeding.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-003 - Submission of Service of Declaratory Order Petition

Current through June 17, 2024
003.01 The original petition for declaratory
				order shall be filed with the agency director by mail or in person during the
				agency's normal business hours.
003.02 The petition shall be deemed as filed
				when it is actually received by the agency. The agency shall date stamp all
				petitions upon receipt.
003.03 At
				the same time the petition is filed with the agency, the petitioner shall serve
				a copy of the petition, by certified mail, return receipt requested, on all
				necessary parties, including all persons, political subdivisions, corporations,
				organizations, or other entities who are known to have or claim any interest,
				legal right, duty, privilege, or immunity which would be directly affected by
				issuance of a declaratory order in this matter by the agency.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-004 - Disposition of the Petition

Current through June 17, 2024
004.01 Generally.
				Upon the filing of a petition, the agency director may consider the petition,
				refer the petition to an appropriate licensing or governing board, or delegate
				the matter to a designated hearing officer, board, or agency employee to
				consider the petition and recommend a decision to the agency director. In
				reviewing the petition, the agency may, in its discretion, do one or more of
				the following:
004.01A Require that additional
				information be submitted before the petition will be further
				considered;
004.01B Require a
				petitioner to provide notice to persons or entities who may be necessary
				parties and other persons that a request for a declaratory order has been filed
				with the agency;
004.01C Schedule a
				date, time, and location at which the petitioner and any other parties to the
				proceeding may make an oral presentation on the petition;
004.01D Consider the petition and any
				attachments without oral presentation.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-005 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
005.01
				Intervention by any person or entity in a declaratory order proceeding shall be
				allowed when the following requirements are met:
005.01A. A petition for intervention must be
				submitted in writing to the agency. Copies must be mailed to all parties to the
				proceeding.
005.01B. The contents
				of the petition must be as specified in
				005.02.
005.01C. The agency must determine that the
				interests of justice and the orderly and prompt conduct of the proceedings will
				not be impaired by allowing the intervention.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-006 - Declaratory Order Proceeding

Current through June 17, 2024
006.01 Oral
				Argument, When. Oral argument shall be had only on specific order of the
				agency. A petitioner, intervenor, necessary party, or the agency may submit a
				motion for oral argument to the agency director. If opportunity for oral
				argument is granted, then argument shall be scheduled to be conducted not more
				than forty-five (45) days after filing of the petition. Petitioner and all
				other parties or, when represented, their attorneys, shall be served by the
				agency with a notice of the date, time, and location for oral argument. The
				agency shall provide each of the parties with notice of the proceeding not less
				than seven (7) days in advance of the scheduled date. Service shall be made by
				certified mail, return receipt requested.
006.02 Oral Argument, Procedure. Oral
				argument will be made before a hearing officer or before any representative of
				the agency who is authorized to render or to recommend a decision to the
				agency. The hearing officer or agency representative shall be in control of the
				proceeding and shall:
006.02A Identify the
				proceeding and introduce himself or herself and identify each party for the
				record;
006.02B Hear the oral
				argument of the petitioner, intervenor, or necessary parties;
006.02C Close the proceedings.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-007 - Issuance of Declaratory Order

Current through June 17, 2024
007.01 The agency
				shall issue its declaratory order within sixty (60) days of the date on which
				the petition was filed.
007.02 The
				declaratory order shall be in writing and shall include the following:
007.02A The names of all parties to the
				proceeding upon which the order is based;
007.02B The facts upon which the order is
				based;
007.02C The statute,
				regulation, rule, or order at issue in the matter;
007.02D The agency's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
007.02E The agency's
				conclusion as to the legal effect or result of applying the statute,
				regulation, rule, or order to the facts; and
007.02F The reasons relied upon by the agency
				to support its conclusions.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-008 - Circumstances Under Which Agency will not Issue Declaratory Orders

Current through June 17, 2024
008.01 Grounds upon which the agency shall
				refuse to issue a declaratory order include, but are not limited to, the
				following:
008.01A The petition requests a
				declaratory order on a matter that is outside the scope of authority of the
				agency;
008.01B The petition
				requests review or appeal of a decision made by the agency in a contested
				case;
008.01C The petition requests
				a declaratory order on the effect of past conduct;
008.01D An investigation for purposes of a
				formal adjudication, a contested case, or a petition to issue, amend, or repeal
				regulations is pending before the agency involving the petitioner on
				substantially the same or similar facts or issues raised in the
				petition;
008.01E The petition
				seeks a declaration that a statute or rule or regulation is unconstitutional or
				invalid;
008.01F The issue raised
				in the petition has been settled by a change in circumstances or other means so
				as to render moot the need for a declaratory order;
008.01G An order would substantially
				prejudice the rights of a person or entity who would be a necessary party and
				who does not consent in writing to the determination of the matter by a
				declaratory order proceeding;
008.01H An order would not resolve the
				controversy or uncertainty; or
008.01I The question posed or facts presented
				are insufficiently specific, overly broad, or are otherwise inappropriate as a
				basis upon which to decide the matter.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-009 - Appeal

Current through June 17, 2024
009.01 A declaratory order is subject to
				review in the manner provided for review of contested cases by the
				Administrative Procedure Act, Neb. Rev. Stat. §
									84-901 - §
									84-920. Specific procedures for
				appeal are set forth in Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-001 - Authority

Current through June 17, 2024
When the Director of the State of Nebraska Department of
				  Correctional Services (Director) receives an order of the Nebraska Supreme
				  Court directing the enforcement of a sentence of death, that order will be
				  carried out pursuant to Laws 2009, L.B. 36. The Director has the authority to
				  create and modify this protocol.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-003 - Execution Team

Current through June 17, 2024
The Director shall appoint and remove all members of the
				  Execution Team at his or her discretion. The Execution Team may consist of the
				  following:
003.01 The
				Director
003.02 The Warden of the
				Nebraska State Penitentiary (Warden)
003.03 The Public Information
				Officer
003.04 An Escort Team
				consisting of an Escort Team Leader and an Escort Team comprised of a
				sufficient number of individuals, as determined and selected by the Director,
				to provide security escort for the condemned prisoner
003.05 An IV Team consisting of an IV Team
				Leader and at least one additional IV Team Member.
003.06 A pharmacist or pharmaceutical
				chemist.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-004 - Execution Team Qualifications

Current through June 17, 2024
004.01 The
				Director, Warden and Public Information Officer are qualified by the
				responsibilities of the positions they hold within the Department and the
				completion of any specific training required by this protocol.
004.02 Escort Team
The Escort Team shall be correctional employees with training
				  or experience in escorting secured prisoners on behalf of the
				  Department.
004.03 IV Team
The IV Team Leader and IV Team Member(s) shall be individuals
				  trained in venipuncture and catheter placement to maintain an open intravenous
				  line; shall have completed training as an emergency medical technician and
				  training in phlebotomy; shall have completed training to determine and
				  reasonably verify whether a person is unconscious; shall have completed
				  training to initiate the flow of saline solution by IV, the injection of
				  substances into an IV line, and to select the equipment capable of
				  accomplishing the requirements of this protocol.
004.04 Pharmacist
Any pharmacist team member is qualified by an educational
				  degree in pharmacy and professional training as a pharmacist.
004.05 Pharmaceutical Chemist
Any pharmaceutical chemist team member is qualified by a
				  Bachelor of Science degree in chemistry and specialty training or experience in
				  drug compounding.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-006 - Execution Team Training

Current through June 17, 2024
006.01 Training
				schedule
006.01.01. When no execution date
				has been set by the Nebraska Supreme Court, the members of the Execution Team
				shall train at least once every six months at a time established by the
				Director. The Escort Team and the IV Team may train independently of the other
				members of the Execution Team.
006.01.02. When an execution date has been
				set by the Nebraska Supreme Court the Execution Team will train at least weekly
				at times established by the Director.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-007 - Consciousness Checks

Current through June 17, 2024
007.01 The first or
				only substance injected must be capable of rendering the convicted person
				unconscious. The IV Team Leader shall make a determination sufficient to
				reasonably verify that the convicted person is unconscious before administering
				any second or additional substances.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-008 - Substance or substances to be employed in an execution by lethal injection

Current through June 17, 2024
008.01
				Identification
Executions shall be accomplished by the intravenous injection
				  of a substance or substances in a quantity sufficient to cause death without
				  the unnecessary and wanton infliction of pain. The substance or substances
				  shall be administered in compliance with this execution
				  protocol.
008.02
				Administration of the lethal substances
The Director shall determine which substance or substances
				  and quantity are to be employed in an execution by lethal injection. If more
				  than one substance is to be employed in an execution by lethal injection, the
				  first substance injected must be capable of rendering the convicted person
				  unconscious. The Director's determination of the substance or substances to be
				  employed in an execution by lethal injection may be based on the availability
				  of necessary substances provided that the substance or substances can be
				  intravenously injected in a quantity sufficient to cause death without the
				  unnecessary and wanton infliction of pain. The Director shall notify the
				  condemned inmate of the determination of the substance or substances, quantity
				  and, if more than one substance is to be employed in an execution by lethal
				  injection, the order the substances will be administered, at least 60 days
				  prior to the Nebraska Attorney General requesting an execution warrant from the
				  Nebraska Supreme Court.
008.03 The substance or substances may be
				directly purchased or obtained through the Department Pharmacy or obtained
				through any other appropriate source, including pharmaceutical or chemical
				compounding.
008.04 The substances
				shall be clearly labelled and maintained by the Department in a clean, secure,
				and safe environment under controlled room temperature storage
				conditions.
008.05 A chemical
				analysis to verify the substance or substances to be employed in the execution
				by lethal injection shall be performed at least 60 days prior to the Nebraska
				Attorney General requesting an execution warrant from the Nebraska Supreme
				Court.
008.06 The inventory of
				substances will be reviewed every six months, and upon receipt of an execution
				order from the Nebraska Supreme Court.
008.07 Any expired substances will be removed
				from inventory.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-009 - Documented process for obtaining the necessary substances

Current through June 17, 2024
009.01
				Documentation shall include the Director's orders, directions, and all
				Department records for obtaining the necessary substances for
				execution.
009.02 Records of any
				order to obtain the necessary substances as well as the acquisition and receipt
				of the substances shall be maintained by the Department.
009.03 In accordance with Neb. Rev. Stat.
				83-965(2)(f), the
				Director may authorize any records or information identifying a person,
				company, or entity supplying the substance or substances to be employed in an
				execution by lethal injection to be confidential.
009.04
009.05
009.06
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 69 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 11 - EXECUTION PROTOCOL › Section 69-11-010 - Determination of death

Current through June 17, 2024
010.01 A health
				professional qualified to determine death shall be designated by the Director
				to determine whether the inmate is deceased at the conclusion of the execution
				process. If the designated health professional determines that the condemned
				inmate is not dead, the Director shall order that the intravenous injection of
				the substance or substances shall be repeated by the IV Team Leader.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 71 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - Rules and Regulations › Section 71-1-001

Current through June 17, 2024
Rules relating to the administration of the Vocational and
				  Life Skills Program. Under provisions of Legislative Bill 907, One-hundred
				  third Legislature, Second Session, 2014, the following rules and regulations
				  shall govern the procedures for the NDCS Vocational and Life Skills
				  Program.
001.01 Definitions
001.01A
Grant Recipient
- shall
				mean a qualifying provider with a qualifying program as defined in Section
				001.02
001.01B
Department
- shall mean the Department of Correctional Services
001.01C
Vocational
				Training
- shall mean an organized training provided with the intended
				result of learning a job skill and obtaining employment
001.01D
Life Skills Training
-
				shall mean an organized training provided with the intended result of preparing
				an individual for employment
001.01E
Participant
- shall mean
				a state inmate, parolee, felony probationer or former state inmate or felony
				probationer up to 18 months after his/her discharge from a state prison, parole
				or state probation
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-001 - PURPOSE

Current through June 17, 2024
To establish policies surrounding the use of restrictive
				  housing within the Nebraska Department of Correctional Services (NDCS) to
				  ensure that restrictive housing will be utilized in the least restrictive
				  manner for the least amount of time consistent with the safety and security of
				  staff, inmates and the facility. Placement of an inmate in restrictive housing
				  will be an alternative of last resort. These policies shall:
001.01 Establish specific levels of
				confinement outside of general population, including immediate segregation
				housing, longer-term restrictive housing, and secure mental health
				housing;
001.02 Define behaviors,
				conditions, and mental/behavioral health statuses whereby an inmate may be
				placed in each confinement level;
001.03 Define and mandate processes and
				procedures for making these determinations for each confinement level;
				and
001.04 Describe and mandate
				individualized transition plans for promotion to less restrictive housing
				assignments pursuant to Neb. Rev. Stat. 83-173.03. All transition plans shall
				be developed with the active participation of the inmate. This process shall
				take into account the results of assessments that identify risks and needs to
				be addressed.
001.05 The Department
				may issue policies, procedures and tools to guide and limit the use of
				restrictive housing, consistent with the promulgated rules and regulations. All
				policies and procedures related to restrictive housing shall be shared with the
				Office of Public Counsel and the Inspector General for the Nebraska
				Correctional System and shall be available to the legislature upon request.
				Policies may also be made available to the public unless such availability
				would create a security risk.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-003 - STRATEGIES TO REDUCE USE AND DURATION OF RESTRICTIVE HOUSING

Current through June 17, 2024
Core strategies to reduce use and duration of restrictive
				  housing within the Department are listed below:
003.01 An inmate who is a member of a
				vulnerable population shall not be placed in longer-term restrictive housing.
				An inmate who is a member of a vulnerable population may be placed on immediate
				segregation to protect himself or herself, staff, other inmates, or who are
				pending classification, in line with the least restrictive framework.
003.02 Reduction in the use and duration of
				restrictive housing shall be accomplished by managing behavior through
				programming, initiatives, incentives, and mission specific housing, rather than
				relying primarily on sanctions.
003.03 Placements in restrictive housing
				shall be based on demonstrated risk to others, risks from others, or risks to
				safety and security. Inmates who enter restrictive housing settings must be
				transferred to the least restrictive environment that can safely support their
				needs as soon as possible. The inmate's behavior while in restrictive housing
				will be taken into account when determining less restrictive housing options.
				The rationale for placement into restrictive housing shall be documented at the
				time of initial placement and must be based upon one or more of criteria listed
				below:
003.03(A) A serious act of violent
				behavior (i.e., assaults or attempted assaults) directed at correctional staff
				and/or at other inmates;
003.03(B)
				A recent escape or attempted escape from secure custody;
003.03(C) Threats or actions of violence that
				are likely to destabilize the institutional environment to such a degree that
				the order and security of the facility is significantly threatened;
003.03(D) Active membership in a "security
				threat group" (prison gang), accompanied by a finding, based on specific and
				reliable information, that the inmate either has engaged in dangerous or
				threatening behavior directed by the security threat group, or directs the
				dangerous or threatening behavior of others;
003.03(E) The incitement or threats to incite
				group disturbances in a correctional facility; and
003.03(F) Inmates whose presence in the
				general population would create a significant risk of physical harm to staff,
				themselves and/or other inmates.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-005 - PROTECTIVE MANAGEMENT

Current through June 17, 2024
005.01 Protective
				management methods shall not be a restrictive housing status per policy.
				Inmates needing protective management shall be housed in a safe location
				designed to reduce the risk of harm from other inmates while having privileges
				similar to general population housing, with the goal of helping reduce the
				department's use of restrictive housing and concentrating service and program
				availability to this population.
005.02 Protective custody describes the
				status of the inmate. Protective management describes the methods used to meet
				the needs of inmates who cannot be safely housed in other general population
				units.
005.03 Immediate segregation
				for inmates requiring/requesting protective custody may occur while risks are
				assessed, investigations are completed, and appropriate housing is identified.
				The components, times frame, and procedures for this assessment and
				investigation shall comply with departmental policy governing these
				placements.
005.04 Protective
				management units shall be operated similarly to general population units in
				terms of out-of-cell time, access to programming, access to work and
				recreation, etc.
005.05 Appropriate
				residential mental health treatment housing for protective custody status
				inmates will be provided when needed.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-006 - BEHAVIORAL HEALTH

Current through June 17, 2024
006.01 Staff shall
				divert inmates who are members of a vulnerable population to the least
				restrictive environment and provide risk- and needs-responsive therapeutic
				settings that are interactive, constructive, and based on individualized
				interventions while balanced with safety and security.
006.02 All inmates placed in any form of
				restrictive housing shall receive an assessment by health services to identify
				any physical injuries, urgent mental health needs, or other urgent conditions
				prior to being placed in their assigned cell. When this initial screening is
				conducted by health services staff and concerns about mental health status are
				noted, the inmate shall be seen by mental health staff for a one-on-one out of
				cell assessment within 24 hours. If the mental health needs are deemed to be
				emergent, the inmate shall be held in a location other than restrictive housing
				until a mental health screening can be completed.
006.03 All inmates in restrictive housing
				shall receive a mental health screening within 14 days of placement. This
				screening will be done in a location outside of the inmate's cell.
006.04 For Inmates in immediate segregation:
006.04(A) Inmates with a serious mental
				illness diagnosis whose current level of care does not require residential
				treatment shall be seen for a one-on-one out of cell consult with a mental
				health provider every 7 days while on immediate segregation.
006.04(B) An inmate can decline to talk with
				a provider. Force shall not be used to bring an inmate to the consult with the
				provider unless there is a clear life threatening issue or serious
				decompensation is noted.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-007 - RISK ASSESSMENT AND MANAGEMENT

Current through June 17, 2024
007.01 Risk and
				needs assessments shall be used to screen, evaluate, and guide interventions
				and decisions about classification, housing, programming, and other resources
				for all NDCS inmates pursuant to Neb. Rev. Stat. 83-180(3).
007.01(A) All assessments shall be conducted
				by staff trained in their administration and interpretation.
007.01(B) Request for assessment of an inmate
				may be made by any NDCS staff member who identifies concerns about an inmate's
				behavior. Behavioral health will review each request and take appropriate
				action.
007.01(C) Assessments and
				evaluations shall prioritize (but not be limited to) suicidal behavior or
				ideation or other harms toward self by an inmate, threats of physical harm
				toward others, actual physical harm to others while in NDCS custody, concerns
				about mental health and inability to care for self, and concerns about
				characteristics or actions that might affect safety in the community at any
				time and upon discharge.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-008 - DISCHARGE AND REENTRY PLANNING

Current through June 17, 2024
008.01
PROTOCOLS FOR INMATE DISCHARGE AND REENTRY TO THE
				COMMUNITY.
008.01(A) The intent
				of these rules and regulations is to conduct extensive reviews and identify
				potential discharge risks and needs, as well as ongoing needs for community
				support, services, oversight, and continuity of care post-release to reduce the
				risk of recidivism.
008.01(B)
				Evidence-based assessment tools shall be used pursuant to Neb. Rev. Stat.
				83-180.
008.01(C) Preparation of
				comprehensive and individualized reentry plans shall begin immediately after an
				inmate's arrival in NDCS pursuant to Neb. Rev. Stat. 83-1,107(4).
008.01(C)(i) Reentry plans shall be developed
				pursuant to Neb. Rev. Stat. 83-1,107.
008.01(C)(ii) All reentry plans and reviews
				shall take into account the individual's needs, risk to reoffend, history of
				violent behaviors prior to and while in NDCS, perceived underlying reasons for
				behaviors, motivation to change, and behavior that raises concern for community
				safety as release approaches, as identified by evidence-based risk and needs
				assessment tools.
008.01(D) For inmates identified as an
				extreme risk to others and/or the community, local law enforcement officials
				shall be notified prior to the inmate's discharge.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-009 - STAFF TRAINING

Current through June 17, 2024
009.01 In
				facilities with restrictive housing, regularly assigned unit staff shall
				receive special training in working with the population housed in the unit.
				Refresher training shall be required annually.
009.02 NDCS staff training shall include (but
				not be limited to) basic communication techniques, motivational interviewing,
				working with mentally ill and vulnerable populations, working with inmates with
				behavioral disorders, cognitive behavioral interventions, and trauma training,
				as well as core correctional practice, crisis de-escalation, and intervention.
				This training shall be required for all staff interacting directly with
				inmates.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-010 - DATA COLLECTION AND REPORTING

Current through June 17, 2024
NDCS shall provide regular reporting on the use of
				  restrictive housing, and shall issue an annual report to the Governor and the
				  Clerk of the Legislature pursuant to Neb. Rev. Stat. 83-4,114 and Neb. Rev.
				  Stat. 83-173.02.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-001 - PURPOSE

Current through June 17, 2024
To establish policies surrounding the collection of
				  restitution from inmates sentenced to the Department and transfer of
				  restitution funds to the court as required by Neb. Rev. Stat.
				  83-184.01.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-002 - RESTITUTION ORDERS

Current through June 17, 2024
The Department shall collect and remit restitution from
				  inmates sentenced to the Department who have been ordered to pay restitution
				  regardless of whether the restitution order is received as a specific court
				  order or as part of a sentencing order.
002.01 Sentencing orders that require the
				defendant to pay restitution shall be treated as an order for the Department to
				collect and remit restitution during incarceration.
002.02 Priority of restitution orders and
				other Court ordered obligations. If an inmate has more than one restitution
				order or another court ordered obligation, the Department shall satisfy the
				orders in the following priority:
002.02(A)
				Child Support
002.02(B)
				Restitution
002.02(C) Federal Court
				filing fees
002.02(D) Other Court
				Ordered Obligations
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-003 - COLLECTION RATE

Current through June 17, 2024
Unless specifically indicated in the sentencing order or
				  court order, restitution shall be collected at the rate of 20% of all stipends
				  or compensation received for employment deposited in an inmate's institutional
				  account.
003.01 If the order specifies
				a specific amount of restitution to paid, the Department shall withhold and
				remit that amount from the inmate's institutional account, if
				available.
003.02 The collection of
				restitution shall not reduce the balance in an inmate's institutional account
				below $10.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-004 - COURTS PROVIDE ORDERS

Current through June 17, 2024
The various courts will provide the Department with a copy of
				  a sentencing order that includes restitution. The copy shall be sent
				  electronically in a mutually agreed upon manner.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-005 - NOTIFICATION TO INMATE

Current through June 17, 2024
The Department shall notify the inmate that they are
				  initiating collection of restitution prior to withholding or remitting any
				  funds and shall include a copy of the court order or sentencing order with such
				  notice.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-006 - GRIEVANCE PROCESS

Current through June 17, 2024
An inmate may challenge the restitution order, the amount of
				  funds withheld, or raise other procedural questions regarding the collection
				  and remittance of restitution through the NDCS grievance process found in Title
				  68, Chapter 2.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-007 - REMITTING COLLECTED RESTITUTION

Current through June 17, 2024
All restitution will be remitted to the Court which issued
				  the sentencing order or court order for disposition to the parties designated
				  to receive the restitution. Restitution will be remitted on a monthly
				  basis.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-008 - COMPLETION OF RESTITUTION NOTIFICATION

Current through June 17, 2024
The Court issuing the restitution order will notify the
				  Department when an inmate has paid their total restitution due. Upon receipt of
				  notice from a court that an inmate has completed paying the court ordered
				  restitution, the Department shall cease to withhold and remit funds for that
				  restitution order and notify the inmate the restitution obligation has been
				  completed.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - RESTITUTION › Section 72-3-009 - REPORT TO LEGISLATURE

Current through June 17, 2024
The Department will provide a report, in electronic format,
				  to the Legislature annually. The report will include the total number of
				  inmates with restitution judgements, the total number of inmates with wage
				  funds, the total number of inmates with both, the number of payments made to
				  the courts, the average amount of payments, and the total amount of restitution
				  collected.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-001 - Purpose

Current through June 17, 2024
These regulations provide for a method consistent with
				  professional standards of care to screen all inmates at intake for mental
				  illness, provide opportunities for mental health treatment and cognitive
				  behavioral interventions throughout incarceration, review of high-risk inmates
				  prior to discharge using evidence-based risk and threat assessment procedures
				  to facilitate an appropriate and secure transition from NDCS custody to the
				  community.
001.01 The rule applies to
				all inmates and county safe keepers (hereinafter referred to collectively as
				"inmates") of the State of Nebraska in facilities operated by the Nebraska
				Department of Correctional Services (NDCS).
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-002 - Screening at Intake

Current through June 17, 2024
All inmates will receive a full mental health screening
				  within the first two weeks of intake to determine if they are mentally ill as
				  defined in Nebr. Rev. Statute Chapter §
									71-907.
				  Screening information will be documented in the inmates' files and included in
				  the behavioral health treatment plan, if applicable. Clinical treatment
				  recommendations will be made in line with the mental health screening and
				  further evaluations. Mental health screening, evaluation and treatment
				  recommendations may be made at any point during an inmate's incarceration
				  and/or amended, if clinically appropriate.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-003 - Treatment Recommendations

Current through June 17, 2024
Licensed behavioral health professionals will make
				  recommendations for treatment based on professional judgement. NDCS policy will
				  identify the screening and evaluation tools used in diagnosis and treatment
				  recommendation. It is the goal to provide treatment prior to parole eligibility
				  date.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-004 - Discharge Process

Current through June 17, 2024
All inmates with a mental illness will be evaluated at least
				  90 days prior to release by a behavioral health professional. This evaluation
				  will include a review of dangerousness and threat to the community.
				  Evidence-based assessment tools shall be used to identify any individuals
				  approaching discharge who should be evaluated for mental illness or
				  dangerousness. Documentation will be made in the treatment file and will
				  include a referral to the Discharge Review Team if identified as high risk as
				  defined in Section 005.02.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-005 - Discharge Review Team

Current through June 17, 2024
A multi-disciplinary team responsible for reviewing cases for
				  individuals identified as high-risk who are nearing discharge and present a
				  risk of dangerousness and/or who are mentally ill and dangerous as defined by
N.R.S. §
71-908.
005.01 Membership
The Discharge Review Team is a multi-disciplinary team of
				  NDCS staff appointed by the Director, to include at least three psychologists,
				  social worker, victim-witness representative and members of the NDCS
				  intelligence and investigation functions or other staff designated by the
				  Director.
005.02 Selection
				Inmates identified as high risk include:
005.02.01 Inmates who are dangerous to
				themselves (as evidenced by recent overt act, suicidal statements, suicide
				attempts, major self-harm behaviors or inability to care for themselves),
005.02.02 Inmates who are
				dangerous to others (as evidenced by violent activity prior to or during
				incarceration, threats or attempts to harm others),
005.02.03 Inmates with discharge needs that
				create a risk to the inmate or the community (either because of their special
				needs or their lack of compliance with the discharge plan).
005.02.04 Inmates housed in secure mental
				health housing within 180 days of their tentative release date
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - MENTAL HEALTH SCREENING, RISK ASSESSMENT, AND DISCHARGE REVIEW TEAM PROCEDURES › Section 72-4-006

Current through June 17, 2024
Risk and needs assessments shall be used to screen, evaluate,
				  and guide interventions and decisions about classification, housing,
				  programming and other resources for all NDCS inmates.
006.01 All assessments shall be conducted by
				staff trained in their administration and interpretation.
006.02 Request for assessment of an inmate
				may be made by any NDCS staff member who identifies concerns about an inmate's
				behavior. Behavioral Health will review each request and take appropriate
				action.
006.03 Assessments and
				evaluations shall prioritize (but not be limited to) suicidal behavior or
				ideation or other harms toward self by an inmate, threats of physical harm
				toward others, actual physical harm to others while in NDCS custody, concerns
				about mental health and inability to care for self, and concerns about
				characteristics or actions that might affect safety in the community at any
				time and upon discharge.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - MEDICAID SUSPENSION › Section 72-5-001 - Purpose

Current through June 17, 2024
To establish a process for identifying inmates who were
				  Medicaid recipients prior to becoming incarcerated so that their Medicaid can
				  be suspended rather than terminated and to notify the Department of Health and
				  Human Services prior to the release on an inmate who Medicaid has been
				  suspended.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - MEDICAID SUSPENSION › Section 72-5-002 - Medicaid Screening at Intake

Current through June 17, 2024
Records staff shall screen all new admissions to determine
				  whether or not the inmate was enrolled in the medical assistance program on the
				  date they became incarcerated.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - MEDICAID SUSPENSION › Section 72-5-003 - Notification at Intake

Current through June 17, 2024
NDCS shall notify the Department of Health and Human Services
				  (HHS) each week of all new admissions who were enrolled in the medical
				  assistance program prior to becoming incarcerated and within 20 days of
				  receiving information that an inmate who was enrolled in the medical assistance
				  program is or will be incarcerated within an NDCS
				  institution.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - MEDICAID SUSPENSION › Section 72-5-004 - Discharge Notification

Current through June 17, 2024
Records staff shall maintain a list of individuals for which
				  notice has been provided to HHS and a list of inmates who have had their
				  medical assistance suspended by HHS during their incarceration. The Department
				  shall notify HHS of the pending release of any inmate who's medical assistance
				  has been suspended at least 45 days prior to the inmate's scheduled
				  release.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - MEDICAID SUSPENSION › Section 72-5-005 - Collaboration with Department of Health and Human Services (HHS)

Current through June 17, 2024
The Department will continue to collaborate with HHS to
				  improve the screening and notification processes established by this
				  rule.
Nebraska Administrative Code › Topic - DAIRY INDUSTRY DEVELOPMENT BOARD › Title 484 - NEBRASKA DAIRY INDUSTRY DEVELOPMENT BOARD › Chapter 1 - DAIRY INDUSTRY DEVELOPMENT BOARD REGULATIONS › Section 484-1-001 - Mandatory Assessments

Current through June 17, 2024
001.01 Payment.
				Payment of mandatory assessments shall be made to the Board as set forth in the
				Dairy Industry Development Act.
001.02 Remittance. The Board shall accept
				remittances or credits as set forth in the Act.
001.03 Reporting. The Board may audit records
				of first purchasers, producers and their agents pursuant to the Act.
Nebraska Administrative Code › Topic - DAIRY INDUSTRY DEVELOPMENT BOARD › Title 484 - NEBRASKA DAIRY INDUSTRY DEVELOPMENT BOARD › Chapter 1 - DAIRY INDUSTRY DEVELOPMENT BOARD REGULATIONS › Section 484-1-002 - Refunds

Current through June 17, 2024
002.01 Refund
				Request. Producers desiring the redirection of their mandatory checkoff
				assessment under Neb. Rev. Stat. §
									2-3958(1)
				 shall make a refund request to the Nebraska
				Department of Agriculture, P.O. Box 94947, Lincoln, NE, 68509. Refund requests
				shall be received within sixty days of the date of assessment. A refund request
				shall contain the following:
002.01A Proof
				that an assessment has been deducted by a first purchaser, in the form of a
				copy of a settlement form or check stub, clearly indicating the nature, purpose
				and amount of the deducted assessment, and the date deducted.
002.01B A statement indicating whether the
				checkoff assessment is to be redirected to the National Dairy Board or a
				qualified program designated by the producer.
002.01C If the producer requests that the
				checkoff assessment be redirected to a qualified program, proof that such
				program is a "qualified program" as defined pursuant to
Neb
.
Rev
.
Stat
. §
										2-3949(8).
Nebraska Administrative Code › Topic - DAIRY INDUSTRY DEVELOPMENT BOARD › Title 484 - NEBRASKA DAIRY INDUSTRY DEVELOPMENT BOARD › Chapter 1 - DAIRY INDUSTRY DEVELOPMENT BOARD REGULATIONS › Section 484-1-003 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-3948 to
				  2-3963.