reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-011

Current through June 17, 2024
Three members of the Board of Parole shall constitute a
				  quorum for the purpose of transacting any official business. The decisions of
				  the Board of Parole shall be by majority vote. The board shall keep a record of
				  its acts and shall notify the Director of Correctional Services of its
				  decisions relating to offenders who are or have been
				  committed.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-012

Current through June 17, 2024
The Board of Parole shall have the power to direct the
				  Director of Correctional Services to keep records concerning committed
				  offenders which the board deems pertinent to its functions.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-013

Current through June 17, 2024
A person shall be guilty of a felony if he threatens or
				  attempts to threaten harm to a member of the Board of Parole with a purpose to
				  influence his decision, opinion, recommendation, vote, or other exercise of
				  discretion as a member of the board, or if he privately addresses to any member
				  of the board any representation, entreaty, which is or may come before the
				  board on the basis of considerations other than those authorized by law, and
				  shall be guilty of a Class IV felony.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-001

Current through June 17, 2024
The chief executive officer of a facility shall regularly
				  report all good time and all forfeitures, withholdings, and restorations of
				  good time to the director. On the basis of such report, the director shall
				  inform the board and the administrator of all committed offenders who are
				  expected to become eligible for release on parole within the next three
				  months.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-002 - Eligibility for release on parole

Current through June 17, 2024
002.01 Every
				committed offender shall be eligible for release on parole upon completion of
				the minimum term less good time.
002.02 Every committed offender sentenced to
				consecutive terms, whether received at the same time or at any time during the
				original sentence, shall be eligible for release on parole when the offender
				has served the total of the minimum terms, less good time. The maximum terms
				shall be added to compute the new maximum term which, less good time, shall
				determine the date when discharge from the custody of the state becomes
				mandatory.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-003 - Parole Hearings

Current through June 17, 2024
003.01 Every
				committed offender shall be interviewed and have his or her record reviewed by
				two or more members of the Board of Parole or a person designated by the board
				within 60 days before the expiration of his or her minimum term less any
				reductions. If, in the opinion of the reviewers, the review indicates the
				offender is reasonably likely to be granted parole, the Board of Parole shall
				schedule a public hearing before a majority of its members. At such hearing the
				offender may present evidence, call witnesses, and be represented by counsel.
				If, in the opinion of the reviewers, the review indicates the offender should
				be denied parole, the offender may request an additional review by a majority
				of the members of the board. A review by the majority of the members of the
				board may be conducted not more than once annually. Any hearing and review
				shall be conducted in an informal manner, but a complete record of the
				proceedings shall be made and preserved.
003.02 The Board shall render its decision
				regarding the committed offender's release on parole within a reasonable time
				after the hearing or review. The decision shall be by majority vote of the
				Board. The decision shall be based on the entire record before the Board, which
				shall include the opinion of the person who conducted the review. If the Board
				shall deny parole, written notification listing the reasons for such denial and
				the recommendations for correcting deficiencies which cause the denial shall be
				given to the committed offender within thirty days following the
				hearing.
003.03 If the board fixes
				the release date, such date shall be not more than six months from the date of
				the committed offender's parole hearing, or from the date of last
				reconsideration of his or her case, unless there are special reasons for fixing
				a later release date.
003.04 If the
				Board defers the case for later reconsideration, the committed offender shall
				be afforded a parole hearing at least once a year until a release date is
				fixed. The Board may order a reconsideration or a rehearing of the case at any
				time.
003.05 The release of a
				committed offender on parole shall not be upon the application of the offender,
				but by the initiative of the Board of Parole. No application for release on
				parole made by a committed offender or on his or her behalf shall be
				entertained by the Board. Nothing herein shall prohibit the Director of
				Correctional Services from recommending to the Board that it consider an
				individual offender for release on parole.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-004 - Preparing for a parole hearing

Current through June 17, 2024
004.01 Each
				committed offender eligible for parole shall, in advance of his parole hearing,
				have a parole plan in accordance with the rules of the Board of Parole.
				Whenever the Board determines that it will facilitate the parole hearing, it
				may furnish the offender with any information and records to be considered by
				it at the hearing.
004.02 An
				offender shall be permitted to advise with any person whose assistance he
				desires, including his own legal counsel, in preparing for a hearing before the
				board.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-005

Current through June 17, 2024
The Board of Parole and its employees shall have access at
				  all reasonable times to any committed offender over whom the Board may have
				  jurisdiction and shall have means provided for communication with and observing
				  the committed offender. The Board shall be furnished such reports as it may
				  require concerning the conduct and character of any committed offender and any
				  other information deemed pertinent by the Board in determining whether a
				  committed offender should be paroled.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-006 - Deferment of Parole

Current through June 17, 2024
006.01 Whenever the
				Board of Parole considers the release of a committed offender who is eligible
				for release on parole, it shall order his release unless it is of the opinion
				that his release should be deferred because:
006.01A There is a substantial risk that he
				will not conform to the conditions of parole.
006.01B His release would depreciate the
				seriousness of his crime or promote disrespect for law.
006.01C His release would have a
				substantially adverse effect on institutional discipline.
006.01D His continued correctional treatment,
				medical care, or vocational or other training in the facility will
				substantially enhance his capacity to lead a law-abiding life when released at
				a later date.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 4 - Parole Consideration › Section 270-4-007

Current through June 17, 2024
Before making a determination regarding a committed
				  offender's release on parole, the Board of Parole shall consider the
				  following:
007.01 A report prepared by
				the institutional caseworkers relating to his personality, social history and
				adjustment to authority, and including any recommendations which the staff of
				the facility may make.
007.02 All
				official reports of his prior criminal record, including reports and records of
				earlier probation and parole experiences.
007.03 The presentence investigation
				report.
007.04 Recommendations
				regarding his parole made at the time of sentencing by the sentencing
				judge.
007.05 The reports of any
				physical, mental, and psychiatric examinations of the offender.
007.06 Any relevant information which may be
				submitted by the offender, this attorney, the victim of his crime, or by other
				persons.
007.07 Such other relevant
				information concerning the offender as may be reasonably available.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 5 - Rights of Victims/Witnesses › Section 270-5-001

Current through June 17, 2024
Victims as defined in section
				  29-119
				  shall have the following rights:
001.01
				To examine information which is a matter of public record and collected by
				criminal justice agencies on individuals consisting of identifiable
				descriptions and notations of issuance of arrest warrants, arrests, detentions,
				indictments, charges by information, and other formal criminal charges. Such
				information shall include any disposition arising from such arrests, charges,
				sentencing, correctional supervision, and release, but shall not include
				intelligence or investigative information. (Victims requesting such information
				shall be referred to the Nebraska State Patrol, Criminal Division
				Identification Unit.)
001.02 To
				receive from the county attorney advance reasonable notice of any scheduled
				court proceedings and notice of any changes in that schedule.
001.03 To be notified by the county attorney
				by any means reasonably calculated to give prompt actual notice of the time and
				place of the sentencing proceeding and to be notified by the county attorney in
				writing of the final disposition of the case within thirty days of the final
				disposition of the case.
001.04 To
				be notified by the county attorney by any means reasonably calculated to give
				prompt actual notice of the time and place of any subsequent judicial
				proceedings if the defendant was acquitted on grounds of insanity.
001.05 Within ninety days of conviction of an
				offender, to be notified of the tentative date of release and the earliest
				parole eligibility date of such offender.
001.06 To be notified of any parole hearings,
				to testify before the Board of Parole or submit a written statement for
				consideration by the board, and to be notified of the decision of and any
				action taken by the board.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 5 - Rights of Victims/Witnesses › Section 270-5-002

Current through June 17, 2024
Victims and witnesses of crimes shall have the following
				  rights:
002.01 To be informed on all
				writs of subpoena or notices to appear that they are entitled to apply for and
				may receive a witness fee.
002.02
				To be notified that a court proceeding to which they have been subpoenaed will
				not go on as scheduled in order to save the person an unnecessary trip to
				court.
002.03 To receive protection
				from harm and threats of harm arising out of their cooperation with law
				enforcement and prosecution efforts and to be provided with information as to
				the level of protection available.
002.04 To be informed of financial assistance
				and other social services available as a result of being a witness or a victim
				of a crime, including information on how to apply for the assistance and
				services.
002.05 To be informed of
				the procedure to be followed in order to apply for and receive any witness fee
				to which they are entitled.
002.06
				To be provided, whenever possible, a secure waiting area during court
				proceedings that does not require them to be in close proximity to defendants
				and families and friends of defendants.
002.07 To have any stolen or other personal
				property expeditiously returned by law enforcement agencies when no longer
				needed as evidence. If feasible, all such property, except weapons, currency,
				contraband, property subject to evidentiary analysis, and property the
				ownership of which is disputed, shall be returned to the person within ten days
				of being taken.
002.08 To be
				provided with appropriate employer intercession services to insure that
				employers of victims and witnesses will cooperate with the criminal justice
				process in order to minimize an employee's loss of pay and other benefits
				resulting from court appearances.
002.09 To be entitled to a speedy disposition
				of the case in which they are involved as a victim or witness in order to
				minimize the length of time they must endure the stress of their
				responsibilities in connection with the matter.
002.10 To be informed by the county attorney
				of the final disposition of a felony case in which they were involved and to be
				notified pursuant to section
				81-1850
				whenever the defendant in such case is released from custody.
002.11 To have the family members of all
				homicide victims afforded all of the rights under subsection (2) of this
				section and services analogous to those provided under section
				81-1847.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 5 - Rights of Victims/Witnesses › Section 270-5-003

Current through June 17, 2024
To receive the notices provided for in section
				  81-1848,
				  a victim shall keep the county attorney informed of his or her current address
				  and phone number until sentence has been imposed or the final disposition
				  reached in the case in which the victim is involved, whichever is
				  earlier.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 5 - Rights of Victims/Witnesses › Section 270-5-004

Current through June 17, 2024
The County Attorney and the Board of Parole shall have the
				  following duties of notification of victims:
004.01 Upon request of the victim and at the
				time of conviction of the offender, the county attorney of the jurisdiction in
				which a person is convicted of a felony shall forward to the Board of Parole
				the name and address of any victim as defined in section
				29-119
				of the convicted person. The board shall include the name in the file of the
				convicted person, but the name shall not be part of the public record of any
				parole hearings of the convicted person. Any victim, including a victim who has
				waived his or her right to notification at the time of conviction, may request
				the notification prescribed in this section by sending a written request to the
				board any time after the convicted person is incarcerated and until the
				convicted person is no longer under the jurisdiction of the board or the
				Department of Correctional Services.
004.02 A victim whose name appears in the
				file of a convicted person shall be notified by the Board of Parole:
004.02A When a convicted person who is on
				parole is returned to custody because of parole violations. (The Department of
				Corrections notifies the victim(s) when a convicted person is released from
				custody.)
004.02B If the convicted
				person has been adjudged a mentally disordered sex offender or is a convicted
				sex offender, when such person is released from custody or treatment. .
Such notification shall be given in person, by
				  telecommunication, or by certified or registered mail
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-001

Current through June 17, 2024
The chief executive officer of a facility shall reduce the
				  term of a committed offender by six months for each year of the offender's term
				  and pro rata for any part thereof which is less than a year. The total of all
				  such reductions shall be credited from the date of sentence, which shall
				  include any term of confinement prior to sentence and commitment as provided
				  pursuant to section
				  83-1,106,
				  and shall be deducted:
001.01 From the
				minimum term, to determine the date of eligibility for release on
				parole.
001.02 From the maximum
				term, to determine the date when discharge from the custody of the state
				becomes mandatory.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-002

Current through June 17, 2024
While the offender is in the custody of the department,
				  reductions of such terms may be forfeited, withheld, and restored by the chief
				  executive officer of the facility with the approval of the director after the
				  offender has been consulted regarding the charges of
				  misconduct.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-003

Current through June 17, 2024
While the offender is in the custody of the board,
				  reductions of such terms may be forfeited, withheld, and restored by the
				  administrator with the approval of the director after the offender has been
				  consulted regarding the charges of misconduct or breach of the conditions of
				  parole. In addition, the board may recommend such forfeitures of good time to
				  the director.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-004

Current through June 17, 2024
Good time or other reductions of sentence granted under the
				  provisions of any law prior to July 15, 1992, may be forfeited, withheld, or
				  restored in accordance with the terms of the Nebraska Treatment and Corrections
				  Act.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-005

Current through June 17, 2024
The Board of Parole may in appropriate cases require a
				  parolee, as a condition of his parole, either at the time of his release on
				  parole or at any time while he remains under parole supervision, to reside in a
				  community guidance center, boarding facility, halfway house, hospital, or other
				  special residence facility, for such period and under such supervision or
				  treatment as the Board may deem appropriate.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-006

Current through June 17, 2024
Parole Good Time:
006.01 The Board shall reduce, for good
				conduct in conformity with the conditions of parole, a parolee's parole term by
				two days for each month of such term.
006.02 The total of such reductions shall be
				deducted from the maximum term less the good time granted pursuant to section
				83-1,107
				to determine the date when discharge from parole becomes mandatory.
006.03 Reductions of the parole terms may be
				forfeited, withheld, and restored by the board after the parolee has been
				consulted regarding any charge of misconduct or breach of the conditions of
				parole.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-007

Current through June 17, 2024
A committed offender while on parole shall remain in the
				  legal custody and control of the Board of Parole. The board may at any time
				  revoke the parole of an offender or recommit him to the custody of the
				  Department of Correctional Services, with or without cause.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 6 - Release on Parole and Discharge › Section 270-6-009

Current through June 17, 2024
The board shall discharge a parolee from parole when the
				  time served in the custody of the department and the time served on parole
				  equal the maximum term less good time.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-001

Current through June 17, 2024
The Office of Parole Administration shall consist of the
				  Parole Administrator, the field parole service, and all other office staff The
				  office shall be responsible for the following:
001.01 The administration of parole services
				in the community.
001.02 The
				maintenance of all records and files associated with the Board of Parole;
				and
001.03 The daily supervision
				and training of staff members of the office. Nothing in this section shall be
				construed to prohibit the office from maintaining daily records and files
				associated with the Board of Pardons.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-002

Current through June 17, 2024
All equipment, books, and other property in the possession
				  of the Office of Parole Administration relating to the functions of the Board
				  of Pardons and the Board of Parole, except records maintained by the Secretary
				  of State, on July 1, 1994, are hereby transferred to the Board of Pardons and
				  the Board of Parole, as appropriate, as of such date.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-003

Current through June 17, 2024
The Director of Correctional Services with the consent of
				  the Board of Parole shall appoint a Parole Administrator, who shall be a person
				  with appropriate experience in the field of corrections, or with training in
				  relevant disciplines at a recognized university.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-004

Current through June 17, 2024
The Parole Administrator shall:
004.01 Supervise and administer the Office of
				Parole Administration.
004.02
				Establish and maintain policies, standards, and procedures for the field parole
				service.
004.03 Divide the state
				into parole districts, and appoint district parole officers, deputy parole
				officers, if required, and such other employees as may be required to carry out
				adequate parole supervision of all parolees, adequate probation supervision of
				probationers as ordered by district judges, prescribe their powers and duties,
				and obtain office quarters for staff in each district as may be
				necessary.
004.04 Cooperate with
				the Board of Parole, the courts, and all other agencies, public and private,
				which are concerned with the treatment or welfare of persons on
				parole.
004.05 Provide the Board of
				Parole and district judges with any record of a parolee or probationer which it
				may require.
004.06 Make
				recommendations to the Board of Parole or district judge in cases of violation
				of the conditions of parole or probation, issue warrants for the arrest of
				parole or probation violators when so instructed by the board or district
				judge, notify the Director of Correctional Services of determinations made by
				the board, and upon instruction of the board, issue certificates of parole and
				of parole revocation to the facilities, and certificates of discharge from
				parole to parolees.
004.07 Organize
				and conduct training programs for the district parole officers and other
				employees.
004.08 Exercise all
				powers and perform all duties necessary and proper in carrying out his
				responsibilities.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-005

Current through June 17, 2024
The field parole service, consisting of district parole
				  officers and deputy parole officers working under the direction of the Parole
				  Administrator or district judge, shall be responsible for the investigation,
				  supervision, and assistance of parolees or probationers. The field parole
				  service shall be sufficient in size to assure that no district parole officer
				  carries a case load larger than is compatible with adequate parole
				  investigation or supervision.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 7 - Adult Parole Administration › Section 270-7-006

Current through June 17, 2024
A district parole officer shall:
006.01 Make investigations, prior to a
				committed offender's release on parole, in cooperation with institutional
				caseworkers and the Board of Parole to determine the adequacy of parole plans
				and make reasonable advance preparation for release on parole.
006.02 Assist parolees or probationers to
				comply with the conditions of parole or probation and to make a successful
				adjustment in the community.
006.03
				Supervise parolees or probationers by keeping informed of their conduct and
				condition.
006.04 Make such reports
				as required by the Parole Administrator or district judge to determine the
				effectiveness of the parole system or the progress of an individual parolee or
				probationer.
006.05 Cooperate with
				social welfare agencies.
006.06
				Observe the work of any deputy parole officer under his supervision from time
				to time.
006.07 Inform the Parole
				Administrator when, in his opinion, any eligible parolee's conduct and attitude
				warrant his discharge from supervision, or when any parolee's or probationer's
				violation of the conditions of parole or probation is of sufficient seriousness
				to require action by the Board of Parole or district judge, and whenever
				necessary exercise the power of arrest as provided in section
				83-1,119.
006.08 Delegate in his discretion any of the
				above responsibilities to a deputy parole officer if provided for his
				district.
006.09 Exercise all
				powers and perform all duties necessary and proper in carrying out his
				responsibilities.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 8 - Conditions of Parole › Section 270-8-001

Current through June 17, 2024
When a committed offender is released on parole, the Board
				  shall require as a condition of parole that the parolee refrain from engaging
				  in criminal conduct and may require the offender to submit to periodic testing
				  for drug and alcohol use.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 8 - Conditions of Parole › Section 270-8-002

Current through June 17, 2024
Mandatory conditions set forth in the Certificate of Parole
				  are as follows:
002.01 GENERAL
				CONDITIONS
002.01A LAWS: You shall obey all
				city, county, state, and federal laws, ordinances, and orders; and conduct
				yourself as a good citizen. All contacts with Law Enforcement shall be reported
				to your parole officer at the earliest opportunity.
002.01B RELEASE: Upon release from the
				institution, you are to go directly to the program approved by the Parole
				Board, and shall report to your assigned parole officer, or other persons
				designated by the Parole Administration, within twenty-four (24) hours of being
				granted a parole.
002.01C TRAVEL:
				You shall receive verbal permission from your, assigned parole officer, or
				his/her immediate supervisor, before leaving your approved county of residence.
				You shall not leave the State of Nebraska without first obtaining written
				permission from the Board of Parole. (IT IS A FELONY FOR A PAROLEE TO LEAVE THE
				STATE WITHOUT PERMISSION, AND IS PUNISHABLE BY UP TO FTVE (5) YEARS
				IMPRISONMENT.) Written permission to travel to a designated state does not
				grant permission to travel to any other state.
002.01D RESIDENCE: You shall not change your
				approved place of residence without first obtaining permission from your
				assigned parole officer.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 8 - Conditions of Parole › Section 270-8-003

Current through June 17, 2024
Also contained in the Certificate of Parole is a statement
				  that the parolee understands and agrees to the conditions of release on parole
				  and understands the possible consequences for violations of these conditions.
				  That statement is as follows:
"I,_______, an inmate of the Department of Correctional
				  Services, hereby declare that I have carefully read, or heard read, and do
				  clearly understand the contents and conditions of this parole agreement. I
				  accept the conditions and agree to comply with them. I understand that if it is
				  alleged that I have violated a condition or conditions of my parole agreement,
				  I am entitled to a preliminary hearing to determine if probable cause exists. I
				  understand that if probable cause is found, the Board of Parole may order my
				  return to the institution for a hearing, after which parole may be revoked.
				  Revocation of parole could result in my recommitment for the remainder of my
				  maximum prison term and forfeiture of good time which applies to the law under
				  which I was sentenced. Further, I hereby freely waive extradition proceedings
				  and will willingly return to the appropriate correctional facility without the
				  Governor's requisition when such return is ordered by the Board of
				  Parole."
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 9 - Arrest and Detention of an Alleged Violator › Section 270-9-001

Current through June 17, 2024
Whenever a parole officer has reasonable cause to believe
				  that a parolee has violated or is about to violate a condition of his parole
				  but that he will not attempt to leave the jurisdiction and will not place lives
				  or property in danger, the parole officer shall submit a written report to the
				  Board of Parole which may, on the basis of such report and such further
				  investigation as it may deem appropriate:
001.01 Dismiss the charge of
				violation.
001.02 Determine whether
				the parolee violated the conditions of parole.
001.03 Revoke his parole in accordance with
				the provisions of sections 29-2,401, 29-2,402,
				60-4,101,
				83-124,
				83-151,
				83-152,
				83-170,
				to
				83-1,135,
				83-305.03,
				83-415,
				83-417,
				83-420,
				83-465,83 -472, 83-473, 83-473.01, and 83-487; or
001.04 Issue a warrant for the arrest of the
				parolee.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 9 - Arrest and Detention of an Alleged Violator › Section 270-9-002

Current through June 17, 2024
Whenever a parole officer has reasonable cause to believe
				  that a parolee has violated or is about to violate a condition of his parole
				  and that he will attempt to leave the jurisdiction or will place lives or
				  property in danger, the parole officer shall arrest the parolee without a
				  warrant and call on any peace officer to assist him in doing
				  so.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 9 - Arrest and Detention of an Alleged Violator › Section 270-9-003

Current through June 17, 2024
Whenever a parolee is arrested with or without a warrant, he
				  shall be detained in a local jail or other detention facility. Immediately
				  after such arrest and detention, the parole officer shall notify the Board of
				  Parole and submit a written report of the reason for such arrest. A complete
				  investigation shall be made by the parole administration and submitted to the
				  Parole Board. After prompt consideration of such written report, the board
				  shall order the parolee's release from detention or his continued confinement
				  to await a final decision on the revocation of his parole.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-002

Current through June 17, 2024
The preliminary hearing shall be conducted at or reasonably
				  near the place of the alleged violation or arrest and as promptly as convenient
				  after arrest while information is fresh and sources are
				  available.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-003

Current through June 17, 2024
It shall be the duty of the hearing officer to conduct
				  hearings in a fair, impartial, and orderly manner, and the hearing officer
				  shall have the authority subject to other provisions of these Rules and
				  Regulations.
003.01 The hearing officer
				shall rule on all procedural matters, objections, and motions.
003.02 The hearing officer shall rule on
				offers of proof and admit relevant evidence.
003.03 The hearing officer shall hear
				testimony and interrogate witnesses called by the parties involved in an
				impartial manner to develop any facts deemed necessary to fairly and adequately
				decide the matters at issue.
003.04
				The hearing officer shall determine the matter at issue and cause to be
				published a summary and digest of the hearing.
003.05 The hearing officer shall take any
				other action necessary and authorized by these Rules and Regulations and the
				law.
003.06 Upon request before or
				during a preliminary hearing, the hearing officer may officially recognize:
003.06A Federal Law - The Constitution of the
				United States, United States Code, and decisions of the Federal
				Courts.
003.06B State Law - The
				Constitution of the State of Nebraska, Statutes of Nebraska, and decisions of
				the Nebraska Supreme Court and the District Courts of Nebraska.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-004

Current through June 17, 2024
Preliminary hearing rules of evidence:
004.01 All relevant evidence shall be
				admissible.
004.02 The hearing
				officer shall give consideration to, but shall not be bound to follow, the
				Nebraska Rules of Evidence.
004.03
				When objection is made to the admissibility of evidence, such evidence may be
				received subject to a later ruling.
004.04 The hearing officer may, subject to
				his discretion, either with or without objection, exclude inadmissible
				evidence.
004.05 Parties objecting
				to the introduction of evidence at the preliminary hearing shall state the
				precise grounds of such objection at the time such evidence is
				offered.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-005

Current through June 17, 2024
Whenever a parole officer has just cause to believe a
				  parolee has violated the conditions of parole, the parole officer shall file a
				  petition with the hearing officer.
005.01 The petition shall request a
				preliminary hearing.
005.02 The
				petition shall state the names of the parties involved.
005.03 The petition shall state the facts
				which the parole officer believes necessitates a preliminary hearing.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-006

Current through June 17, 2024
The parolee shall be given written notice that a preliminary
				  hearing has been scheduled.
006.01 The
				notice shall state that the purpose of the hearing is to determine if probable
				cause exists that the parolee violated the conditions of parole.
006.02 The notice must state the specific
				alleged violations.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-007

Current through June 17, 2024
No person may appear in a representative capacity at a
				  preliminary hearing other than the following:
007.01 The parolee acting in his/her own
				behalf.
007.02 Attorneys-at-law
				duly qualified to practice before the courts of the State of
				Nebraska.
007.03 Any authorized
				representative of the State of Nebraska. This individual need not be an
				attorney.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-008

Current through June 17, 2024
At the preliminary hearing:
008.01 The parolee may appear and speak in
				his/her own behalf.
008.02 The
				parolee may bring letters, documents, or individuals who can give relevant
				information.
008.03 The parolee
				shall be afforded the opportunity to be confronted by his accusers and to
				present evidence and testimony on his/her own behalf.
008.04 The parolee may request the
				availability for questioning in his/her presence persons who have given adverse
				information on which parole review may be based.
008.05 If the hearing officer determines that
				the informant would be subjected to risk of harm by the disclosure of identity,
				the informant need not be subjected to confrontation and
				cross-examination.
008.06 If it
				appears to be in the public interest or in the interest of justice, the hearing
				officer may, at his discretion, or upon notice by the parolee or his/her
				counsel, continue the hearing and fix a date for the introduction of additional
				evidence or presentation of an argument.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 10 - Preliminary Hearing for Alleged Violations › Section 270-10-009

Current through June 17, 2024
Following the preliminary hearing:
009.01 Within a reasonable period of time
				after the preliminary hearing, not to exceed 10 days, the hearing officer shall
				make a determination whether there is probable cause or not to believe that a
				violation of parole has occurred.
009.02 Upon finding no probable cause, the
				hearing officer shall immediately notify the Board of the finding and request
				the parolee's release from custody.
009.03 A finding of probable cause is
				sufficient to warrant the parolee's continued detention and return to the
				Department of Correctional Services pending a Review of Parole and a final
				decision by the board.
009.04 As
				soon as possible after the hearing officer has reached a decision, the parole
				officer shall inform the board of the finding.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-001

Current through June 17, 2024
Whenever a parolee is charged with a violation of his
				  parole, he shall be entitled to a prompt hearing on such charge by the Board of
				  Parole, which in no event shall occur more than thirty days after the receipt
				  of the parole officer's written report.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-002

Current through June 17, 2024
At such hearing, the parolee shall be permitted to be
				  present, to testify, to produce witnesses, to cross-examine adverse witnesses,
				  and to introduce such other evidence as may be pertinent.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-003

Current through June 17, 2024
The parolee shall be informed of his right to request counsel
				  at such hearing, and if he thereafter makes such request, based on a timely and
				  colorable claim that:
003.01 He has
				not committed the alleged violation of the conditions upon which he is at
				liberty, or;
003.02 Even if the
				violation is a matter of public record or is uncontested, there are substantial
				reasons which justified or mitigated the violation and make revocation
				inappropriate and that the reasons are complex or otherwise difficult to
				develop or present, and upon consideration of whether or not the parolee
				appears to be capable of speaking effectively for himself, the Board in the
				exercise of sound discretion may provide counsel unless retained counsel is
				available to the parolee. In every case when a request for counsel is refused,
				the grounds for refusal shall be stated in the record.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-005

Current through June 17, 2024
The hearing must be tendered within a reasonable amount of
				  time after the parolee is taken into custody, but no later than thirty days
				  after receipt of results of the preliminary hearing.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-006

Current through June 17, 2024
The hearing on an alleged violation is not an adversary
				  hearing.
006.01 The decision shall be
				made after weighing mitigating and aggravating factors as to what best benefits
				society and the parolee.
006.02 The
				hearing shall be flexible enough to consider evidence including letters,
				affidavits, and other material that would not be admissible in adversary
				criminal trial.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-008

Current through June 17, 2024
The Board shall have the power to issue subpoenas, compel
				  the attendance of witnesses, production of books, papers, and other documents
				  pertinent to the subject of an inquiry and to administer oaths and take the
				  testimony of persons under oath.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-009

Current through June 17, 2024
Counsel may be provided or secured as follows:
009.01 The parolee shall be informed of the
				right to request counsel or to secure counsel of his/her own
				choosing.
009.02 Unless retained
				counsel is available to the parolee, the Board may appoint counsel if the
				reasons for the alleged violation are complex and the parolee does not appear
				to be able to speak effectively for himself/herself.
009.03 In every case where Board appointed
				counsel is requested by the parolee and the request is refused by the Board,
				the grounds for refusal shall be stated in the record.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-010

Current through June 17, 2024
At the hearing, the parolee shall be furnished the
				  following:
010.01 Written notice of the
				claimed violations.
010.02
				Disclosure of the evidence of the alleged violations.
010.03 The opportunity to be heard in person
				and to present witnesses and documentary evidence.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-011

Current through June 17, 2024
If the Board finds that the parolee has engaged in criminal
				  conduct, used drug or alcohol, or refused to submit to a drug or alcohol test
				  while on parole, the Board may order revocation of the parolee's parole. If the
				  Board finds that the parolee did violate a condition of parole but is of the
				  opinion that revocation of parole is not appropriate, the Board may order
				  that:
011.01 The parolee receive a
				reprimand and warning.
011.02
				Parole supervision and reporting be intensified.
011.03 Good time granted pursuant to section
				83-1,108
				be forfeited or withheld.
011.04
				The parolee be required to conform to one or more additional conditions of
				parole which may be imposed in accordance with the Nebraska Treatment and
				Corrections Act.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-012

Current through June 17, 2024
A parolee whose parole is revoked shall be recommitted to
				  the department until discharge from the custody of the state becomes mandatory
				  or until reparoled by the Board.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-013

Current through June 17, 2024
The time from the date of the parolee's declared delinquency
				  until the date of the arrest for the custody of the board shall not be counted
				  as any portion of the time served.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-014

Current through June 17, 2024
A parolee whose parole has been revoked shall be considered
				  by the Board for reparole at any time in the same manner as any other committed
				  offender eligible for parole, except that no offender whose parole has been
				  revoked as a result of a conviction of a felony committed while on parole shall
				  receive another parole on the original sentence.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-015

Current through June 17, 2024
Except in the case of a parolee who has left the
				  jurisdiction or his or her place of residence, action revoking a parolee's
				  parole and recommitting the parolee for violation of the conditions of parole
				  must be taken before the expiration of the parole term less good time. A
				  parolee who has left the jurisdiction or his or her place of residence shall be
				  treated as a parole violator and, when apprehended, shall be subject to
				  recommitment or to supervision for the balance of the parole term as of the
				  date of violation.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-016

Current through June 17, 2024
A person shall be guilty of a felony if, while on parole
				  under the provisions of sections
				  29-2401,
				  29-2402,
				  60-4,101,
				  83-124,
				  83-151,
				  83-152,
				  83-170
				  to
				  83-1,135,
				  83-305.03,
				  83-415,
				  83-417,
				  83-420,
				  83-465,
				  83-472,
				  83-473,
				  83-473.01,
				  and
				  83-487, he
				  violates his parole by leaving the State of Nebraska without the authority of
				  the Board of Parole, and shall, upon conviction thereof, be punished by
				  commitment to the Department of Correctional Services for not more than five
				  years.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-017

Current through June 17, 2024
A parolee charged with a violation of this section shall be
				  tried in Lancaster County or in the county where the parolee last resided. The
				  state shall pay for expenses incurred in returning the parolee to the county in
				  which the action is to be tried.