reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 12 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - INMATE BEHAVIOR, DISCIPLINE AND GRIEVANCE › Section 77-12-005 - Grievance Procedure

Current through June 17, 2024
In all community residential facilities, a procedure shall be
				  available to all inmates for the review and adjudication of grievances,
				  consistent with the following principles:
005.01 Inmate's Right to File
Inmate's Right to File. Any inmate shall be permitted to file
				  a written grievance.
005.02
				Facility Responsibility
Facility Responsibility. Such grievances filed shall be
				  transmitted promptly to the facility administrator, designated employee or
				  official charged with the authority to receive and investigate
				  grievances.
005.03
				Disciplinary Sanctions
Disciplinary Sanctions. An inmate reporting a grievance shall
				  not be subject adverse action as a result of the filing of a
				  grievance.
005.04
				Investigation of Grievance
Investigation of Grievance. Each grievance not obviously
				  frivolous or trivial shall be promptly investigated. A summary report
				  containing the results of the investigation and the recommendations of the
				  facility administrator, designated employee or official charged with the
				  authority to receive and investigate grievances shall be prepared for facility
				  records and the concerned inmate or inmates.
005.05 Time Limitations
Time Limitations. The inmate or inmates filing the grievance
				  shall receive a prompt response from the appropriate authority. Such a response
				  shall indicate what disposition will be made on the recommendations
				  received.
005.06 Appeal
Appeal. At least one level of appeal to the facility
				  administrator is available to all inmates.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 13 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - EXISTING FACILITY DESIGN › Section 77-13-001 - General Conditions

Current through June 17, 2024
It is the policy of the State of Nebraska that all existing
				  community residential facilities shall conform to the minimum standards for
				  design established herein. All facilities shall conform to the following
				  general conditions
001.01 Housing
				units and activity areas shall provide, at a minimum, the following:
001.01A
Artificial
				Lighting.
Artificial lighting of at least twenty (20) foot-candles
				in all living areas and at least fifty (50) foot-candles in all study and work
				areas.
001.01B
Acoustics.
Acoustics that ensure the maintenance of noise levels
				averaging no higher than sixty-five (65) to seventy (70) decibels.
001.01C
HVAC.
Adequate heating and cooling systems to insure a comfortable and healthful
				living and working environment that are appropriate to the summer and winter
				comfort zones.
001.01D
Ventilation.
Air circulation is at least fifteen (10) cubic feet
				of outside air or filtered re-circulated air per minute, per inmate in an
				area's rated capacity.
001.01E
Natural Light.
All inmate living areas shall provide
				visual access to natural light.
001.01F
Inmate
				Privacy.
Inmates' right to privacy from unauthorized or degrading
				observation shall be protected without compromising security and control of the
				facility. Privacy screening for all toilet and shower areas which allows
				adequate supervision of inmates in those areas should be provided.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 13 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - EXISTING FACILITY DESIGN › Section 77-13-002 - Community residential facilities

Current through June 17, 2024
In addition to the general conditions, all community
				  residential facilities shall conform to the following physical plant
				  requirements:
002.01
Rated
				capacity
The facility is not crowded. The number of inmates does not
				  exceed the facility's rated capacity.
002.02
Local Codes
The facility conforms to all applicable building codes and
				  Life Safety codes established by the State Fire Marshal's
				  Office.
002.03
Intake
The reception and discharge area shall be adequate in size
				  and be properly equipped to ensure the orderly and secure reception and
				  discharge of inmates.
002.03A
Weapons lockers.
Weapon lockers shall be located at
				the facility entrance and outside the security perimeter for law enforcement
				personnel.
002.03B
Searches.
A search room shall be located in the intake area for
				reception and inmates returning from outside the facility.
002.03C
Property
				Storage.
Storage areas shall be sufficient to accommodate inmates'
				personal property that is not allowed and provide for proper separation and
				security of those items.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 13 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - EXISTING FACILITY DESIGN › Section 77-13-003 - Public Accommodations

Current through June 17, 2024
003.01
Program Space
All facilities have adequate space and furnishings for
				  conducting programs and group meetings for inmates outside of their housing
				  units. Inmates have access to writing and seating space.
003.02
Personal
				visiting
In all facilities, adequate and appropriate space shall be
				  provided for monitored personal inmate visitation. Visitation space is
				  accessible to visitors with disabilities.
003.03
Parking
Sufficient parking shall be provided for visitors, Staff,
				  official vehicles and vehicles used by inmates in accordance with their work
				  release orders.
003.04
Lobby
A public lobby, restricted from security and administrative
				  work areas, shall be provided which includes sufficient seating and
				  accessibility to handicapped persons.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 13 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - EXISTING FACILITY DESIGN › Section 77-13-004 - Compliance

Current through June 17, 2024
Facility administrators and the appropriate governing bodies
				  of existing community residential facilities which are not in compliance with
				  the existing facility requirements shall, upon notice of the Jail Standards
				  Board of those areas of non-compliance, develop a plan acceptable to the Board
				  for meeting the Standards. Such plan shall be implemented within a reasonable
				  time frame approved by the Board.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-001

Current through June 17, 2024
It is the policy of the State of Nebraska that all newly
				  constructed or renovated community residential facilities where the aggregate
				  cost of such construction or renovation exceeds $20,000 shall conform to the
				  minimum standards for planning, design and construction established
				  herein.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-002 - Applicability

Current through June 17, 2024
All standards established in this chapter, except to the
				  extent exceptions are stated, shall apply to each newly constructed community
				  residential facility. In the case of renovation, it is the intent of the Board
				  that only the part of the facility which is to be renovated is required to come
				  into complete compliance with the applicable standards of this chapter.
002.01 General maintenance and upkeep of the
				facility or expenditures totaling less than $20,000 within a calendar year for
				minor renovation shall not invoke the application of these Standards for
				existing facilities. However, any such renovation, repair or maintenance of the
				physical structure, fixtures, equipment or furnishings should lead towards
				compliance with these Standards.
002.02 The Board and the Jail Standards
				Division retain the right to evaluate each new construction or renovation on an
				individual basis. The overall design and specifics will be worked out between
				the Jail Standards Division, local governing body, and the architect, subject
				to final approval by the Board.
002.03 Equivalencies
The specific requirements of this Chapter may be modified by
				  the Jail Standards Board on an individual basis to allow alternative
				  arrangements that would, in the Board's judgment, provide at least equivalent
				  conditions in design and construction as would be afforded by compliance with
				  the corresponding Standards contained in this Chapter.
002.03A When the equivalency of a Standard is
				desired for a specific project, the responsible governing body shall submit a
				written request to the Board stating the justification for the requested
				equivalency and documentation of how the proposed equivalency will provide
				conditions at least equivalent to the corresponding Standard.
002.03B The equivalency, if granted, shall
				apply only to the petitioner for the specific construction or renovation
				project cited.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-003 - Code Compliance

Current through June 17, 2024
In addition to these Standards, all new construction and
				  renovation shall comply with the building, safety and health codes of the local
				  authority and the applicable requirements of the State Fire Marshal. Standards
				  which exceed those of the local authority shall take
				  precedence.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-004 - Notification

Current through June 17, 2024
Prior to any renovation or development of new construction
				  plans where the estimated aggregate cost of such renovation or construction
				  exceeds $5,000, the governing body shall submit a letter of intent specifying
				  the type of facility, whether the project involves new construction or
				  renovation of an existing facility, and the anticipated construction period.
				  Upon receipt of written notification, the Jail Standards Division will advise
				  the governing body of the availability of its technical assistance resources
				  and be available to review plans and make recommendations throughout the
				  planning process.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-005 - Planning

Current through June 17, 2024
The Jail Standards Division must receive reasonable advance
				  notice of and be provided the opportunity to participate in any preliminary
				  planning meetings among interested parties such as the facility administrator,
				  governing body, and the consultant or architect.
005.01 Program Documentation
The development of program documentation for the purpose of
				  providing the basis upon which architectural plans are drawn is required for
				  all new construction projects. The Jail Standards Division may require program
				  documentation
for major renovation projects. When required, program
				  documentation shall be developed by the facility administrator and consultant
				  or architect and should include the following:
005.01A Type of facility to be constructed or
				renovated;
005.01B Written
				statement of the problems which require facility renovation or
				construction;
005.01C Description
				of the anticipated inmate population including the classifications to be housed
				and the security levels to be provided;
005.01D Number of beds to be provided for
				each of the primary classifications and the total capacity;
005.01E Description of all functions, basic
				policies and supporting data for:
005.01E1
				Reception and discharge;
005.01E2
				Inmate housing;
005.01E3 Visiting
				and confidential interview;
005.01E4 Food service;
005.01E5 Laundry, housekeeping and storage
				areas;
005.01E6 Medical and mental
				health services;
005.01E7 Indoor
				and outdoor recreation;
005.01E8
				Programs;
005.01E9 Administrative,
				public and staff areas;
005.01E10
				Inmate movement within the facility;
005.01E11 Methods of entry and exit from the
				facility;
005.01E12 Staff
				communications;
005.01E13 Security
				and surveillance systems.
005.01F Description of the type, number, size
				and relationship of all renovated or newly constructed spaces;
005.01G Staffing plan which includes, at a
				minimum, a description of all job titles and functions, breakdown of projected
				staffing requirements by shift and total projected number of staff;
005.01H Initial construction cost estimate
				and estimated annual operating costs;
005.01I Site plan.
The program statement shall be submitted to the Jail
				  Standards Division for review and comment prior to the development of any
				  schematic architectural plans.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-006 - General Conditions

Current through June 17, 2024
All newly constructed and renovated community residential
				  facilities shall conform to the following general conditions:
006.01
Location
.
The facility's location facilitates access to and the use of
				  community based services, resources, and public
				  transportation.
006.02
Artificial Light
.
Artificial lighting in all inmate living areas shall provide
				  the capability of at least twenty (20) foot candles of light measured three
				  feet above the floor. Artificial lighting in all work or study areas apart from
				  inmate living areas shall provide the capability of at least fifty (50) foot
				  candles measured three feet above the floor. Night lighting shall be provided
				  which permits adequate visibility for supervision, but does not hinder restful
				  sleep.
006.03
Natural Light
.
All inmate living areas shall provide visual access to
				  natural light.
006.04
New Construction, Dormitories
.
There shall be windows in dormitories with a capacity of ten
				  or less which provide visual access to at least ten (10) square feet of clear
				  glazed area to the exterior. In dormitories with a capacity of more than ten,
				  the amount of clear glazed area required shall be increased by at least five
				  (5) square feet for every ten (10) additional beds or fraction thereof.
006.04A A combination of windows and
				skylights may be utilized to meet the quantitative requirements for windows in
				living areas.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 77 - JAIL STANDARDS BOARD › Chapter 14 - STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES - NEW FACILITY DESIGN AND CONSTRUCTION › Section 77-14-007 - Community Residential Facilities

Current through June 17, 2024
In addition to the general conditions, all newly constructed
				  or renovated community residential facilities shall conform to the following
				  requirements:
007.01 Dormitories
Dormitories Dormitory units shall provide a minimum of
				  seventy (70) square feet of floor space per inmate including both sleeping and
				  dayroom areas and shall be equipped with at least one (1) toilet and one (1)
				  wash basin with hot and cold running water for each eight (8) inmates or
				  fraction thereof, one (1) shower, drinking fountain, and mirror for each twelve
				  (12) inmates or fraction thereof, and one (1) bunk for each inmate at rated
				  capacity, and sufficient tables and seating for all inmates at rated
				  capacity.
007.01A Dormitory units
				shall be designed to hold no more than forty-eight (48) inmates.
007.01B Dormitory units should provide
				individual partitioned sleeping areas for inmates utilizing partial height
				screen walls or similar means to accommodate a moderate amount of
				privacy.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-001 - Purpose

Current through June 17, 2024
To provide procedures for challenge of the completeness or
				  accuracy of criminal history record information and to provide procedures for
				  correcting of such records when found to be incomplete or
				  inaccurate.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-003 - Authority

Current through June 17, 2024
This regulation is adopted in accordance with the provisions
				  of Article 9, Chapter 81, R.R.S. 1943 as amended to date, and pursuant to the
				  authority contained in Section
				  81-1423(1),(5),(8),(9),and
				  (14), R.R.S. 1943, as amended by Laws 1978,
				  LB 713, Section 29.
003.01 These rules
				are intended and designed to meet the requirements of Title 28 of the Code of
				Federal Regulations, Chapter 1, Part 20 as amended December 6, 1977.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-005 - Record Review

Current through June 17, 2024
Any person in interest who asserts that he or she has reason
				  to believe that criminal history information relating to him or her, or another
				  person in whose interest he or she acts, is maintained by any system in the
				  state, shall be entitled to review and receive a copy of such information for
				  the purpose of determining its accuracy and completeness by making application
				  to the agency operating such system. The applicant shall provide satisfactory
				  verification of the subjects=s identify, which shall include name, date and
				  place of birth. When identification is doubtful, a set of fingerprint
				  impressions may be taken by the law enforcement agency. The review authorized
				  by this rule and regulation is limited to criminal history record
				  information.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-006 - Procedure

Current through June 17, 2024
When any person in interest, upon review of criminal history
				  information finds what he or she believes to be inaccurate or incomplete
				  information as defined by this regulation, he or she shall within three days
				  notify the agency maintaining the criminal history information in writing that
				  he or she believes the records to be incomplete or inaccurate.
006.01 Notification must include a specific
				description of the record entries believed to be inaccurate or incomplete and a
				description of what the record should accurately contain. Any criminal justice
				agency receiving notification shall respond to the applicant within five
				working days. Response by the agency shall include either an indication that
				correction procedures have been initiated or shall include intent to maintain
				the record as it exists. Copies of all correspondence regarding correction or
				refusal to correct shall be retained by the criminal justice agency.
006.02 If the applicant is notified by the
				criminal justice agency that the record will not be corrected, he or she may
				seek administrative review by the Nebraska Commission on Law Enforcement and
				Criminal Justice. Application for administrative review shall include the
				following:
006.02A Full name, place and date
				of birth of subject of criminal history record.
006.02B Copy of criminal history record in
				dispute.
006.02C Description of
				what record should contain.
006.02D
				Copies or correspondence between applicant and agency holding disputed
				information.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-007 - Hearing Procedures

Current through June 17, 2024
Upon acceptance by the Commission of a contested case, as
				  defined in Section
				  84-901(3)
				   Reissued Revised Statutes of Nebraska, the
				  following procedures shall be used for hearing:
007.01 Notice
All parties involved in contested cases shall be notified
				  not less than 20 working days prior to the hearing.
007.02 Request for Hearing/Filing Procedures
The person requesting the hearing shall make the request in
				  writing. The request shall be accompanied with the following
				  documentation.
007.02A Full name,
				place of birth and date of birth of subject of criminal history
				record.
007.02B Copy of criminal
				history record in dispute.
007.02C
				Description of disputed point in record and description of what record should
				contain.
007.02D Copies of
				correspondence between agency holding disputed information and
				applicant.
007.02E Listing and
				description of any supplementary information or evidence to be considered in
				the hearing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-008 - Correction Procedures

Current through June 17, 2024
Upon a finding by the Commission that a record is incomplete
				  or inaccurate, the criminal justice agency holding the record shall within 15
				  working days notify all criminal justice agencies which are known by the agency
				  to be recipients of the incorrect record. The agency shall submit to the
				  Commission in writing either a list of agencies notified of the correction or a
				  certification by the chief executive officer of the agency that the record had
				  not been disseminated to any other criminal justice agencies. The criminal
				  justice agency shall also, within 15 working days, supply to the applicant upon
				  his or her request, the names of all non-criminal justice agencies or
				  individuals to which the record has been given.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 1 - PROCEDURES FOR CHALLENGE AND CORRECTION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-1-009 - Definitions

Current through June 17, 2024
As used in this regulation:
009.01 A Criminal history record information
				[CONGRUENT] means information collected by criminal justice agencies on
				individuals consisting of identifiable descriptions or notations of issuance of
				arrest warrants, arrests, detentions, indictments, charges by information, and
				other formal criminal charges and any disposition arising from such arrest,
				charges, sentencing, correctional supervision and release. Criminal history
				record information does not include intelligence or investigative
				information.
009.02 A Persons in
				interest [CONGRUENT] means the person who is the primary subject of a criminal
				justice record or any representative designated by such person, except that if
				the subject of the record is under legal disability, person in interest shall
				mean the persons parent or duly appointed legal representative.
009.03 A Errors of a material nature
				[CONGRUENT] means errors that distort information detailing date, time,
				location, or nature of any criminal justice proceedings which are documented in
				record.
009.04 A Complete and
				accurate [CONGRUENT] means that arrest records show the subsequent disposition
				of the case as it moves through the various stages of the criminal justice
				system. Accurate shall mean containing no erroneous information of a material
				nature.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-001 - Purpose

Current through June 17, 2024
To prescribe forms to be used for reporting dispositions of
				  criminal cases and to establish an efficient system of reporting dispositions
				  to ensure criminal history information maintained in Nebraska is complete and
				  accurate.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-002 - Scope

Current through June 17, 2024
This regulation shall apply to all criminal justice agencies
				  in the State of Nebraska as defined by Section
				  29-3501
				  through
				  29-3528,
				  R.R.S. 1943.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-003 - Authority

Current through June 17, 2024
This regulation is adopted in accordance with the provisions
				  of Article 9, Chapter 84, R.R.S., 1943, as amended to date, and pursuant to the
				  authority contained in Section
				  81-1423,
				  R.R.S. 1943.
003.01 These rules are
				intended and designed to meet the requirements of Laws 1978, LB 713 and of
				Title 28 of the Code of Federal Regulations, Chapter 1, Part 20, as amended
				December 6, 1977.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-004 - Effective Date

Current through June 17, 2024
This regulation shall become effective June 15,
				  1982.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-005 - Prescription of Forms

Current through June 17, 2024
All arresting agencies will use
Form
				  1
. All forms, except
Form 1
must be used
				  by agencies that do not possess the capacity for electronic reporting. Those
				  agencies which do possess the capacity for electronic reporting are encouraged
				  to do so. Data submitted electronically shall contain all information required
				  by Forms 3, 4, and 5 as prescribed by this rule.
005.01
Form 1
Arrest card (card stock, bottom section) shall be used by
				  all law enforcement agencies. This form is the fingerprint card supplied by the
				  Nebraska State Patrol as referenced by Section
				  29-209
				  R.R.S. 1943 and amended by LB 713 (1978).
005.02
Form 2
Arrest card (multi-copy, top section) shall be used by all
				  law enforcement agencies. It shall also be used by all prosecutorial agencies
				  in the State of Nebraska when any arrested individual is referred to the
				  prosecutorial agency.
005.03
Form 3
Preliminary Disposition form shall be used by all courts
				  which hold preliminary hearing jurisdiction in felony matters.
005.04
Form 4
Final Disposition Form shall be used by all courts which
				  have felony jurisdiction.
005.05
Form 5
Appeal/Modification Form shall be used by all courts which
				  have felony jurisdiction or courts having appellate jurisdiction in felony
				  matters.
005.06
Form 6
Incarceration Disposition Form 1 shall be used by all
				  administering authorities for jail facilities.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-006 - Recommended Forms

Current through June 17, 2024
Forms described in this section are recommendations only and
				  need not be followed if satisfactory reporting arrangements have been worked
				  out among the local agencies involved.
006.01
Form L1
Prosecution Disposition Forms may be used by all
				  prosecutorial agencies in the State of Nebraska.
006.02
Form L2
Misdemeanor Disposition Form may be used by all courts
				  having misdemeanor jurisdiction (same form as Form 3, above.)
006.03
Form L3
Appeal/Modification Form may be used by all courts having
				  misdemeanor jurisdiction or courts having appellate jurisdiction in misdemeanor
				  matters.
006.04
Form L4
Incarceration Disposition Form 2 may be used by the
				  administration of all local incarceration facilities.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-007 - Offenses Specified

Current through June 17, 2024
007.01 Forms prescribe in paragraph
005
above shall be used for reporting of proceedings
				in criminal offenses for which there is a felony arrest under Nebraska
				statutes, arrests of persons identified as felony fugitives of other
				jurisdictions, and persons arrested for any reason against whom felony charges
				are filed.
007.02 Forms prescribed
				in paragraph
006
may be used for all other criminal
				arrests made in the State of Nebraska.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 2 - RULE AND REGULATION TO PRESCRIBE FORMS FOR DISPOSITION REPORTING AND TO ESTABLISH A DISPOSITION REPORTING SYSTEM › Section 78-2-008 - Procedure

Current through June 17, 2024
008.01 Note
As used in this Rule, disposition information shall include
				  a description of any sentence imposed. Sentence information shall include
				  location and length of confinement, length of probation, and amount of fine
				  Terms of probation are not included.
008.01A - for all arrests made in the State
				of Nebraska as specified in
007.01
above:
008.01A1 - the arresting agency will send one
				copy of FBI fingerprint card and
Form 1
to the
				Nebraska State Patrol.
008.01A1a - Exception
008.01A1a(1) -Form 1 and FBI fingerprint card
				shall not be sent to the State patrol for any child less than 18 years old
				unless:
(1) the child has been convicted of a
				felony;
(2) the child has
				unlawfully terminated his or her commitment to a Youth Development Center; or
(3) the chid is a runaway, and a
				fingerprint check is needed for identification purposes to return the chid to
				his or her parents.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-001 - Purpose

Current through June 17, 2024
To insure that each criminal justice information system
				  maintained in Nebraska shall contain complete and accurate criminal history
				  information and to assure implementation of dissemination guidelines
				  established by Legislative Bill 713, 1978.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-002 - Scope

Current through June 17, 2024
This regulation shall apply to all criminal justice agencies
				  in the State of Nebraska as defined by Laws 1978, LB 713.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-003 - Authority

Current through June 17, 2024
This regulation is adopted in accordance with the provisions
				  of Article 9, Chapter 84, R.R.S. 1943, as amended to date, and pursuant to the
				  authority contained in Section
				  81-1423(1),(5),(8),(9)
				  and (14), R.R.S. 1943, as amended by laws
				  1978, LB 713, Section 18.
003.01 These
				rules are intended and designed to meet the requirements of Laws 1978, LB 713
				and of Title 28 of the Code of Federal Regulations, Chapter 1, Part 20, as
				amended December 6, 1977.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-005 - Public Records

Current through June 17, 2024
For purposes of dissemination the following are public
				  records:
005.01 Complete criminal
				history record information;
005.02
				Posters, announcement, lists for identifying or apprehending fugitives or
				wanted persons, photographs taken in conjunction with an arrest for purposes of
				identification of an arrested person;
005.03 Original records of entry such as
				police blotters, offenses reports, or incident reports;
005.04 Court records of any judicial
				proceeding;
005.05 Records of
				traffic offenses maintained by the Department of Motor Vehicles for the purpose
				of regulating the issuance, suspension, revocation, or renewal of drivers= or
				the operators= licenses.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-006

Current through June 17, 2024
Dissemination Procedures:
006.01 All criminal justice agencies shall,
				upon dissemination of criminal history record information:
006.01A Maintain a listing of individuals or
				agencies in and out of the state to whom criminal history record information
				was released.
006.01B Retain
				description of information released.
006.01C Record the date of release.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-007 - Security

Current through June 17, 2024
Direct access to criminal history record information system
				  facilities, system operating environments, data file contents, and system
				  documentation shall be restricted to authorized organizations and
				  persons.
007.01 Wherever criminal
				record information is collected, stored, or disseminated, the criminal justice
				agency or agencies responsible for the operation of the system:
007.01A May determine for legitimate security
				purposes which personnel may work in a confined area where such information is
				stored, collected or disseminated;
007.01B Shall select and supervise all
				personnel authorized to have direct access to such information;
007.01C Shall ensure that an individual or
				agency authorized direct access is administratively held responsible for:
007.01C1 The physical security of criminal
				history record information under its control or in its custody;
007.01C2 The protection of such information
				from unauthorized access, disclosure or dissemination;
007.01D Shall institute procedures to
				reasonably protect any central repository of criminal history record
				information from unauthorized access, theft, sabotage, fire, flood, wind or any
				natural or man-made disasters;
007.01E Shall provide that each employee
				working with or having access to criminal history record information is made
				familiar with the security, privacy and dissemination of Criminal History
				Information Act (Laws 1978, LB 713) and Rules and Regulations adopted in
				accordance with the Act by the Nebraska Commission on Law Enforcement and
				Criminal Justice.
007.01F Require
				that direct access to criminal history record information is made available to
				only authorized officers or employees of a criminal justice agency and, as
				necessary, other authorized personnel essential to the proper operation of the
				criminal history record information system. This section of this regulation
				shall not be construed to inhibit or limit dissemination of criminal history
				record information as authorized in other sections of this
				regulation.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-008

Current through June 17, 2024
Unauthorized Access or Dissemination - Any person
				  who:
008.01 Permits unauthorized direct
				access to criminal history record information, or
008.02 Knowingly fails to disseminate or make
				public criminal history record information as required by Laws 1978, LB 713,
				or
008.03 Knowingly disseminates
				non-discloseable criminal history record information in violation of the before
				mentioned Act, shall be guilty of a Class IV misdemeanor.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 3 - PROCEDURES FOR STORAGE AND DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION › Section 78-3-009 - Compliance

Current through June 17, 2024
Whenever any officer or criminal justice agency in the state
				  fails to comply with the requirements of this regulation, Laws 1978, LB 713, or
				  any other regulations adopted by the Nebraska Commission on Law Enforcement and
				  Criminal Justice pursuant to the Act, any person aggrieved may bring an action,
				  including but not limited to an action for mandamus, to compel compliance. Such
				  action may be brought in the District Court of any district in which the
				  records are located or in the District Court of Lancaster County. The
				  Commission may request the Attorney General to bring such
				  action.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-001 - Purpose

Current through June 17, 2024
To provide procedures for auditing criminal justice
				  agencies, and disposition and appeal of audit findings.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-002 - Scope

Current through June 17, 2024
The regulation is applicable to all criminal justice
				  agencies within the State of Nebraska.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-003 - Authority

Current through June 17, 2024
This regulation is adopted in accordance with the provisions
				  of Article 9, Chapter 84, R.R.S. 1943, as amended to date, and pursuant to the
				  authority contained in Section
				  81-1423(13),
				  R.S. Supp., 1978.
003.01 These rules
				are intended and designed to meet the requirements of Title 28 of the Code of
				Federal Regulations, Chapter 1, Part 20, as amended December 6, 1977.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-004 - Effective Date

Current through June 17, 2024
This regulation shall become effective September 9,
				  1979.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-005 - Background

Current through June 17, 2024
Title 28, Code of Federal Regulations, Part
				  20.21(e) requires
				  that the state insure that annual audits of a representative sample of state
				  and local criminal justice agencies are conducted to verify adherence with
				  regulations established for handling of criminal justice records. The
				  Commission is authorized to A conduct random annual audits of criminal justice
				  agencies to verify the accuracy and completeness of criminal history
				  information maintained in such agencies and to determine compliance with the
				  laws and regulations dealing with dissemination, security and privacy of
				  criminal history information. Section
				  81-1423(13),
				  R.S. Supp., 1978.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-006 - Audit Criteria

Current through June 17, 2024
The following is a list of various criminal justice agency
				  collection, storage, and release activities regarding criminal history records
				  upon which an audit for compliance would be based.
006.01 Disposition reporting
006.01A Reporting of case disposition to
				appropriate authority within 15 days.
006.01B Notification of arrest of all
				felonies and felony fugitives to Nebraska State Patrol via form 1 (fingerprint
				card).
006.01C Disposition reports
				back to arresting agencies on misdemeanor cases.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-007 - Audits

Current through June 17, 2024
Audits of criminal justice agencies will be conducted by the
				  Commission either through staff or through contractors.
007.01 Agencies will be selected through the
				following format:
State agencies (manual systems) and
First class cities - Four per year
Second class cities - Four per year
County attorneys/sheriffs (Concurrent audit) - Four per
				  year
County and district courts - Four per year
Villages - Four per year
Primary (Lincoln) - Once every three years
Metropolitan (Omaha) - Once every three years
State agencies (automated) - Once every three
				  years
007.02 No agency shall
				be subjected to more than one audit during any three calendar year period.
				Exception: A special audit may be conducted with ten day notification if formal
				complaint of non-compliance is filed with the Commission. It shall not apply
				toward the three year requirement.
007.03 Agencies shall be notified at least
				thirty days prior to audit.
007.04
				Audits of criminal justice agencies may be contracted for upon authorization by
				the Data Processing Committee of the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-008 - Appeal

Current through June 17, 2024
Any criminal justice agency may appeal the results of an
				  audit by notifying the Commission within thirty days of the agency=s intent to
				  appeal. Commission staff shall schedule an informal hearing before the Data
				  Processing Committee of the Commission within thirty days of receipt of written
				  intent to appeal audit findings. The agency in interest shall be notified at
				  least 20 days prior to the hearing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 4 - AUDIT PROCEDURES FOR COMPLIANCE WITH THE SECURITY, PRIVACY, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION ACT › Section 78-4-009 - Disposition

Current through June 17, 2024
In the event a satisfactory solution cannot be reached
				  between the Committee and the agency in interest, the Data Processing Committee
				  shall forward pertinent information to the office of the Attorney General for
				  disposition.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-003 - Authority

Current through June 17, 2024
Nebraska Statute
				  81-1426
				  authorizes the Commission to adopt and promulgate rules and regulations for the
				  standardized collection, development, and maintenance of Uniform Crime Reports
				  and to develop the forms to be used to collect Uniform Crime Reporting data. It
				  also states that the Commission may obtain Uniform Crime Reports, and it shall
				  be the duty of all public officers or agencies whose functions include the
				  control, apprehension, trial, or correction of criminal offenders, to provide
				  Uniform Crime Reports to the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-004 - Agencies to Report

Current through June 17, 2024
004.01 Police department for offenses
				occurring within their city limits.
004.02 Sheriffs' offices for offenses
				occurring within their respective counties excluding communities with a
				population of 1,501 or more with their own law enforcement agency.
004.03 State Patrol for offenses occurring on
				state property where it has sole jurisdiction and any other offenses reported
				to them and investigated by them.
004.04 State Fire Marshal for offenses
				involving arson
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-005 - Exempted Agencies

Current through June 17, 2024
Communities, with or without a law enforcement agency, of
				  1,500 or less population or a community that contracts with its county for law
				  enforcement service. These communities will furnish their crime statistics to
				  the sheriff and the sheriff will submit them to the
				  Commission.