reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-005 - Continuing Education Requirements

Current through June 17, 2024
005.01 Law
				Enforcement Officers: Law enforcement officers will complete the statutory
				requirements for annual continuing education as provided in Neb. Rev. Stat.
				§
									81-1414.07. Completion of the
				State Firearm Qualification Course shall not be included in consideration of
				satisfying the continuing education requirements of this chapter.
005.02 Sheriff: Each sheriff will attend
				annual continuing education as provided in Neb. Rev. Stat.
				81-1414.07 following the first
				year of such sheriff's term of office.
005.03 Retiring law enforcement officers: Law
				enforcement officers retiring are not required to meet CE in the calendar year
				of their retirement unless they gain new employment as a law enforcement
				officer.
005.04 Officers leaving
				employment: If an officer leaves employment before February 1, the officer will
				not be required to obtain CE for that calendar year.
005.05 Officer starting employment: If an
				officer begins employment after November 30, he/she is not required to meet CE
				requirements for that calendar year.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-006 - Continuing Education Courses

Current through June 17, 2024
Continuing Education (CE) hours as provided in Neb. Rev.
				  Stat. §
									81-1414.07 may be obtained through
				  in-service training programs by agencies employing the officer or through
				  training academies. Continuing education requirements may also be obtained
				  on-line or by attending training offered by other institutions and other
				  organizations that provide seminars, conferences and education programs that
				  meet the requirements of this chapter.
006.01 Regardless of the source of the
				continuing education, the agency employing the officer will maintain records
				for the individual officer and include the following information:
006.01A A summary of the course content,
				title and/or outline of the training course, location and time of the course,
				number of hours involved and a list of the instructional staff. If scores or
				testing scores are required as part of the offered training, they will be
				maintained for each individual officer attending training.
006.01B A record of attendance for each
				officer attending the course and the number of hours that each officer
				attended.
006.01C Notwithstanding
				any policies of the agency or institution, records required by this section
				shall be maintained by the agency or institution for a period of 5 years after
				the termination of employment for that officer.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-007 - Reporting of CE Credit Hours

Current through June 17, 2024
The continuing education status of individuals covering
				  January 1 to December 31 of each calendar year will be reported to the Council
				  through the Director by the end of the specific reporting period. The agency
				  administrator or his/her designee will ensure that the CE status for all
				  personnel covered under this chapter has been reported to the Training Center
				  by the following deadline:
007.01
				Agencies will report the CE status of all officers on the agency roster no
				later than December 31 of that reporting period. An agency will be deemed to be
				in a noncompliance if the CE report for all officers on the agency roster is
				not received by the Director by December 31. The agency will be subject to
				fines for each day that the agency is deemed to be in non-compliance. Fines
				will be established by the Council and acted upon in accordance with Neb. Rev.
				Stat. §
									81-1403. The Director will report
				to the Council at its next regular meeting all of the agencies that are in
				noncompliance.
007.02 When an
				individual fails to meet the CE requirements, the director or his/her designee
				will notify the agency in writing or electronically that the individual has
				failed to fulfill the CE requirements.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-008 - Waivers for Failure to meet CE credit hours for the Reporting period

Current through June 17, 2024
008.01 An
				individual officer or his or her employing agency on behalf of the officer may
				request that the Council grant a waiver of the CE requirements for that
				reporting period. Written justification supporting the waiver request will be
				submitted to the Council in a separate letter or waiver request form.
				Individuals may only receive a waiver when he/she is able to demonstrate good
				cause for noncompliance with this chapter.
008.01A Good cause shall only include cases
				of extreme hardship as defined by Title 79, Chapter 1 and for situations when
				the individual is on an extended leave of absence from his or her
				agency.
008.01B The request for
				waiver must include the following information:
008.01B1 The conditions under which the
				waiver is being requested (e.g., military duty, medical, or extended leave of
				absence)
008.01B2 The type of
				illness and/or injury if the condition is medical.
008.01B3 The date the condition first became
				effective and the date the condition ended if it did end in that reporting
				period.
008.01C Waivers
				granted by the Council will apply to the requirements for only that reporting
				period. Continuing hardships will require a new request for a waiver for each
				reporting period.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-009 - Officer Status for Failure to meet CE credit hours for the reporting period

Current through June 17, 2024
009.01 An
				individual who has not fulfilled the CE requirements of this chapter, has not
				requested a waiver or has not been granted a waiver will have his/her law
				enforcement certificate suspended by the director.
009.01A. The Director or his/her designee
				shall report to the Council all persons who failed to meet CE requirements and
				have not requested a waiver from the Council at the Council's next available
				meeting after the conclusion of the reporting period.
009.01B The individual who has had his/her
				certificate suspended remains suspended until he/she successfully fulfills the
				CE requirements for that reporting period, provides supporting documentation
				that complies with this chapter and submits the reinstatement fee.
009.01C The director will notify the agency
				of the officer's suspension. It will be the responsibility of the agency to
				notify the officer.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 17 - LAW ENFORCEMENT CONTINUING EDUCATION REQUIREMENTS › Section 79-17-010 - Survey of Agency Continuing Education Needs

Current through June 17, 2024
010.01 The
				Council finds that the CE needs of the law enforcement profession should be
				periodically reviewed in an effort to identify the areas of training that may
				benefit law enforcement officers. The director of the Training Center or
				his/her designee will conduct surveys of law enforcement agencies in order to
				access the CE needs of law enforcement in the State of Nebraska.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 18 - CERTIFICATION OF POLICE SERVICE DOG TEAMS › Section 79-18-002 - Scope

Current through June 17, 2024
Applicable to all Police Service Dog Teams employed by law
				  enforcement agencies within the State of Nebraska commencing on January 15,
				  2015.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 18 - CERTIFICATION OF POLICE SERVICE DOG TEAMS › Section 79-18-003 - Reference

Current through June 17, 2024
Neb. Rev. Stat. §
									81-1401, §
									81-1403,
				  and Title 79 NAC Chapter 1.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 18 - CERTIFICATION OF POLICE SERVICE DOG TEAMS › Section 79-18-004 - General

Current through June 17, 2024
Police service dogs serve as a valuable tool and supplement
				  an agency's resources. The Police Standards Advisory Council wants to ensure
				  that law enforcement agencies utilizing police service dog teams use only
				  qualified personnel and dogs that meet state-certification standards as
				  approved by the Council. Therefore, the Police Standards Advisory Council has
				  adopted these standards. Law enforcement agencies shall only utilize police
				  service dog teams that meet the State certification
				  standards.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 18 - CERTIFICATION OF POLICE SERVICE DOG TEAMS › Section 79-18-005 - Definitions

Current through June 17, 2024
005.01 Certification
A document issued to the police service dog handler by the
				  Council attesting that the law enforcement officer who is the handler and his
				  or her dog have met mandated certification standards as approved by the
				  Council. Certification shall be effective for one year and must be renewed
				  annually before the end of that calendar year.
005.02 Police Service Dog Handler (PSD
				Handler)
A PSD Handler is a full-time certified law enforcement
				  officer who handles, maintains and is responsible for the deployment of a
				  police service dog that is part of a PSD team.
005.03 Police Service Dog Team (PSD Team)
A PSD Team shall consist of one dog and one law enforcement
				  officer who is assigned as a PSD Handler for that dog. The team shall be
				  actively serving in a law enforcement agency as defined by
				  law.
005.04 Police Service
				Dog Evaluator, (PSD Evaluator)
A PSD Evaluator is a full-time certified law enforcement
				  officer who is a police service dog handler and has his or her employing
				  agency's consent to serve as an evaluator. A PSD Evaluator must successfully
				  complete Council-approved training and required update training that qualifies
				  him or her to conduct evaluations of PSD Teams for certification purposes. A
				  PSD Evaluator may serve as an evaluator only in the area of expertise as a
				  handler. A PSD Evaluator must perform a minimum of one PSD Team evaluation per
				  year. A PSD Evaluator must pass periodic audits by the PSD Judge in order to
				  maintain evaluator status.
005.05 Police Service Dog Judge (PSD Judge)
A PSD Judge is a full-time certified law enforcement officer
				  who conducts PSD Evaluator training, conducts periodic audits of PSD Evaluator
				  performance and recommends to the Council those PSD Evaluators who should
				  continue to possess PSD Evaluator credentials. The PSD Judge must meet
				  Council-approved requirements.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 18 - CERTIFICATION OF POLICE SERVICE DOG TEAMS › Section 79-18-006 - Procedure

Current through June 17, 2024
006.01 PSD Team Certification
006.01A Law enforcement agencies desiring a
				PSD Team to receive State certification may make a request to any
				Council-approved PSD Evaluator or to the Training Center. The Training Center
				will provide the agency a list of Council-approved PSD Evaluators. The
				scheduling of evaluations shall be arranged between the law enforcement agency
				and the PSD Evaluator. All PSD Team evaluations shall be conducted in
				accordance with Council-approved standards.
006.01B PSD Evaluators shall submit a PSD
				Team Request for Certification form to the Training Center within ten days of
				completing an evaluation of a PSD Team that has met standards for
				certification. The Training Center shall issue a State Certification to the PSD
				Team within ten days of receipt of the certification request. The PSD Team
				Certification shall be directed to the employing agency administrator. The
				certification shall be effective for one calendar year from the date of the
				completed evaluation. At the end of that calendar year, the PSD Team must
				repeat the certification process.
006.01C PSD Evaluators shall conduct
				evaluations of PSD Teams and complete evaluation forms as required by the
				Council. The PSD Evaluator shall maintain a copy of all evaluations conducted
				and shall forward a copy of the same to the PSD Judge within five working days
				of conducting the evaluation.
006.01D When practicable, the Training Center
				shall offer the use of the Center facilities as a site for PSD Team training,
				evaluations and PSD Evaluator training as scheduling permits.
006.01E Law enforcement agencies should
				notify the Training Center of the change in status of any State certified PSD
				Team in order to facilitate maintenance of certification files.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-002 - Act

Current through June 17, 2024
Act shall mean the Nebraska Crime Victim's Reparation Act,
				  Nebraska Revised Statutes §
									81-1801
				  to
				  81-1842.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-003 - Applicant

Current through June 17, 2024
Applicant shall mean any victim or other eligible party who
				  has -el applied for compensation under the Act. An applicant may also be
				  referred to as claimant.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-004 - Application

Current through June 17, 2024
Application shall mean a form provided by the Committee and
				  filed with the Committee, containing a verified statement by the applicant
				  setting forth facts justifying compensation, together with any other
				  documentation required by the application form or the
				  Committee.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-008 - Compensation

Current through June 17, 2024
Compensation shall mean any monetary award made by the
				  Committee or Hearing Officer to an applicant or to any other person or entity
				  on behalf of an applicant.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-009 - Dependent

Current through June 17, 2024
Dependent shall mean a relative of a deceased victim who was
				  dependent upon the victim's income at the time of death, including a child of a
				  victim born after a victim's death. For the purposes of this definition and due
				  to limited availability of funds under the Act, dependent means a relative who
				  was dependent upon the victim for more than half of his or her support at the
				  time of death.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-011 - Hearing Officer

Current through June 17, 2024
Hearing Officer shall mean the Executive Director of the
				  Commission or any person or persons licensed to practice law in Nebraska who
				  are designated by the Committee and approved by the Commission to make claim
				  decisions and conduct hearings on behalf of the Committee.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-012 - Licensed Provider

Current through June 17, 2024
Licensed shall mean facilities rendering medical, mental
				  health counseling, and/or pharmaceutical services as authorized by law in
				  relation to the criminal act for which the victim owes
				  payment.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-013 - Maintenance

Current through June 17, 2024
Maintenance of the victim shall mean the providing of care to
				  the victim because the victim is not able to care for himself/herself.
				  Requirement for such care must be prescribed by the licensed medical provider
				  in writing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-017 - Relative

Current through June 17, 2024
Relative shall mean spouse, parent, grandparent,
				  step-parent, natural born child, step-child, adopted child, grandchild,
				  step-grandchild, brother, sister, half- brother, half-sister or spouse's
				  parents.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 1 - DEFINITIONS › Section 80-1-018 - Victim

Current through June 17, 2024
Victim shall mean an individual, as identified In the Act,
				  who suffers personal Injury or death from a criminal act attempted or committed
				  in Nebraska, a Nebraska resident or nonresident who suffers personal injury or
				  death from a terroristic act attempted or committed in Nebraska, and Nebraska
				  residents who suffer personal injury or death from a terroristic act attempted
				  or committed in another state, nation, country or territory. Victim shall also
				  mean an individual who suffers emotional trauma as a result of witnessing the
				  actual attempted or committed criminal act.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-002 - Eligible Applicant

Current through June 17, 2024
To be eligible for compensation, the claimant must have
				  incurred actual financial losses as defined in Chapter 3 which are not covered
				  by other sources for expenses directly related to the crime. The claimant will
				  not be eligible for compensation if he/she was convicted of a federal crime or
				  is delinquent in paying a court ordered fine, penalty, or restitution. The
				  following are eligible to file an application:
002.01 - Any victim of a criminal act or one
				authorized by law to act on a victim's behalf;
002.02 - Any person responsible for the
				maintenance and support of the victim who has suffered pecuniary loss while
				providing maintenance and support to the victim or has incurred the victim's
				expenses as a result of the victim's injury or death;
002.03 - Each dependent of a deceased victim
				who has suffered a pecuniary loss (see Chapter 3, subsection 002.03 of Title
				80);
002.04 - An eligible
				individual who incurred eligible expenses which are a direct result of the
				victim's injury or death.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-003 - Form

Current through June 17, 2024
The application form, developed by the Committee, must be
				  fully completed and mailed with sufficient postage, submitted electronically,
				  or delivered to the Crime Victim's Reparations program.
003.01 Incident Information - The claimant is
				required to provide the following, if known: a brief detailed description of
				the incident; the date, place, and time of the incident; the date the incident
				was reported to a law enforcement agency; the name of the individual who
				reported the incident; the name of the law enforcement agency to which the
				incident was reported; if the accused has been charged and/or convicted of the
				offense; the name or names and address(es) of any witness to the
				incident.
003.02 Amount of Claim -
				The claimant is required to enter the amount of the request by the type of
				services rendered as well as the total amount of the claim for compensation.
				Information relating to payment from other sources is required. If loss of
				wages is being claimed for the claimant and/or victim, the dates of work
				missed, the name of the victim's and/or claimant's employer, and the employer's
				telephone number and address are required.
003.03 Signatures - The claimant is required
				to sign a statement authorizing the release of information relating to the
				incident and to information relating to services rendered to the victim.
				Information and records received relating to the victim, the criminal incident
				and treatment shall remain confidential except for that information considered
				public under Nebraska or U.S. laws. The claimant is required to submit a signed
				statement attesting to the validity of the facts included in the claim for
				compensation.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-004 - Enclosures

Current through June 17, 2024
The following documents and information must accompany all
				  applications:
004.01 Medical and/or
				Mental Health - Itemized billing statements for related medical and/or mental
				health services provided to the victim, which are directly related to the
				incident for which compensation is being requested. If requested by the
				program, all medical and/or mental health reports relating to the incident for
				which compensation is being requested must be submitted.
004.02 Wages - A signed statement from the
				employer identifying the dates of work missed due to the incident; the
				individual's hourly wage; the number of hours worked weekly by the individual;
				the total amount of the individual's deductions; and the frequency of payment
				must be submitted when loss of wages is being claimed. A copy of the doctor's
				release is required.
004.02A Loss of Earning
				Power - If the claim is for loss of earning power for the victim, the following
				information is required: earning information from the victim's employer and
				income tax returns for the previous two years; written relevant medical
				information from the medical providers regarding the diagnosis, prognosis, and
				degree of disability; the amount of time the victim will be unable to work; and
				any other information determined to be relevant by the Hearing Officer or
				Committee.
004.02B - Maintenance of
				the Victim - If the claimant is requesting funds for the maintenance of the
				victim, the claimant must submit a copy of the doctor's written statement
				requiring such services; the reason(s) the victim requires such services; and
				the dates such services are required.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-005 - Request for Information and Denial of Applications

Current through June 17, 2024
The Committee or Hearing Officer may, at any time, request an
				  applicant to furnish such required information as listed in this chapter or any
				  additional information which they determine to be relevant. If such information
				  is not furnished within 30 days of mailing the request, a second request will
				  be sent by certified mail with return receipt requested to the address listed
				  on the application. If the information is not submitted within 30 days of the
				  second request, said application will be denied without prejudice to the
				  applicant by the Hearing Officer or the Committee. It is the obligation of the
				  claimant to notify the Committee of any change of address.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-006 - Law Enforcement Reports

Current through June 17, 2024
Any request of a law enforcement agency pursuant to
				  Neb.Rev.Stat. §
									81-1810(3)
				   must be made in writing and must specify the
				  information desired, the name of the victim, the approximate date and time of
				  the occurrence, and any other information which may assist in identifying the
				  incident. All law enforcement agencies receiving a request must respond in
				  writing within 20 working days.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-007 - Supplemental Claims

Current through June 17, 2024
If additional expenses, as defined in Chapter 3 , directly
				  related to the crime are anticipated to be incurred by the applicant, the
				  Committee or Hearing Officer may allow the claim to remain open for a period
				  not to exceed two years from the date of the incident. A supplemental
				  application may be considered by the Hearing Officer or Committee for
				  unanticipated expenses directly related to the crime as defined in Chapter 3 .
				  The supplemental application must be received within two years of the date of
				  the incident. The additional expenses are subject to availability of funds and
				  the total award is not to exceed the limit as set forth in the Act. An
				  application will be considered filed when it has been deposited in the United
				  States Mail with sufficient postage.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 2 - APPLICATION › Section 80-2-008 - Denied Without Prejudice Claims

Current through June 17, 2024
A claim which is denied without prejudice may be reconsidered
				  by the Hearing Officer if the required information is received within 45 days
				  from the date of the letter notifying the applicant of the denial. Extension of
				  the 45-day requirement may be granted by the Hearing Officer and/or Committee
				  if extenuating circumstances prevented the applicant from submitting the
				  required information.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-001 - Purpose

Current through June 17, 2024
To outline and define compensable expenses, limitations,
				  reductions in award amount, payment parameters, and denial of award pertaining
				  to the Crime Victim's Reparations program.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-002 - Compensable Damages

Current through June 17, 2024
The Committee or Hearing Officer may order the payment of
				  compensation for the following, as defined:
002.01 - "Expenses actually and reasonably
				incurred" shall mean medical, mental health counselor, hospital,
				pharmaceutical, and funeral and burial expenses for the victim as limited in
				Chapter 3, subsection 002 of Title 80.
002.02 - "Loss of earning power" shall refer
				only to cases wherein total or partial disability of the victim is involved as
				limited In Chapters, subsection 002 of Title 80.
002.03 - "Pecuniary loss" shall mean loss of
				support to a surviving dependent or dependents or expenses related to the crime
				actually and reasonably incurred by the victim or claimant for which the
				victim's dependents are legally responsible as limited in Chapter 3, subsection
				003 of Title 80.
002.04 - "Any
				other loss" shall be restricted to residential crime scene cleanup and loss of
				wages by a surviving victim or claimant medically required to provide for the
				maintenance of the victim as limited in Chapter 3, subsection 002 of Title 80,
				or any other loss which the Committee or Hearing Officer determines to be
				reasonable. An actual loss of wages from gainful employment must occur to be
				eligible for loss of wages compensation as limited in Chapter 3, subsection 002
				of Title 80.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-004 - Reduction of Award

Current through June 17, 2024
Any award shall be reduced by the amounts of any payments
				  received or to be received from any contract of insurance or any other source
				  of compensation except life insurance proceeds or social security payments.
				  Compensation awards shall not be used to pay for any service if the service is
				  covered under any federal program or federally financed state or local program.
				  The Crime Victim's Reparations program is the pay or of last
				  resort.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-005 - Payment of Compensation

Current through June 17, 2024
All awards made pursuant to 3, subsection
				  001.01 of Title 80 shall be to the
				  provider who rendered services unless the Committee or Hearing Officer directs
				  otherwise. All other awards, whether in lump sum or in installment, shall be
				  made to the order of the eligible applicant or the estate of a deceased
				  victim.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-006 - Denial of Award

Current through June 17, 2024
In addition to grounds for denial of an award contained In
				  the Act, an award may be denied (1) when the eligible applicant has failed to
				  cooperate with criminal justice agencies in the investigation and prosecution
				  of the crime giving rise to the injuries of the victim; (2) when the eligible
				  applicant has failed to cooperate with the Committee, Hearing Officer, or staff
				  in its investigation of the claim filed for compensation; or (3) when the
				  victim violated a criminal law of the state, which violation caused or
				  contributed to his or her injuries or death. No compensation shall be awarded
				  if the claim is not submitted to the Committee within two years of the date of
				  the incident or the incident is not reported to law enforcement within three
				  days, The only exception to these reporting requirements is for a minor child
				  who was a victim of a physical or sexual assault and who did not report such
				  incident to an adult. At which time the minor child reports an incident or
				  incidents to an adult, the reporting requirement becomes effective. No
				  compensation shall be awarded if the victim was a passenger in a motorized
				  vehicle that knew or reasonably should have known that the driver was operating
				  the vehicle while under the influence of alcohol or illegal
				  drugs.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-007 - Claims in Excess of Limitation (Nebraska Revised Statutes Section 81-1813 and 81-1823)

Current through June 17, 2024
No award based upon a claim filed by anyone applicant arising
				  out of any single incident shall exceed the maximum amount set forth in the
				  Act, unless expenses for job retraining or similar employment related
				  rehabilitative services for the victim are deemed necessary by a certified
				  physician. In cases of job retraining or similar related rehabilitative
				  services for the victim, the award shall not exceed $5,
				  000.00 and shall be used only for
				  such purposes.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-008

Current through June 17, 2024
When an eligible claim exceeds the maximum amount allowable
				  under the Act and an award of the maximum amount allowable under the Act is
				  ordered by the Committee or Hearing Officer, the Committee or Hearing Officer
				  shall give priority to lost wages and out-of-pocket expenses and shall reduce
				  all other compensable damages on a pro-rata basis.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 4 - HEARING OFFICER AND COMMITTEE PROCEDURE › Section 80-4-001 - Purpose

Current through June 17, 2024
To outline procedures pertaining to the Hearing Officer and
				  the Crime Victim's Reparations Committee and their respective decision making
				  processes.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 4 - HEARING OFFICER AND COMMITTEE PROCEDURE › Section 80-4-002 - Hearing Officer

Current through June 17, 2024
All claims for compensation shall be considered and ruled
				  upon by the designated Hearing Officer as specified in Neb.Rev.Stat. §
									81-1806.
002.01 - The claim file shall be given to the
				Hearing Officer to review regarding the claim for compensation.
002.02 -The Hearing Officer shall consider
				the entire claim file when determining an award.
002.03 -The Hearing Officer may award
				compensation when the claimant is determined to be eligible for compensation,
				subject to the availability of funds.
002.04 -The Hearing Officer shall forward to
				the claimant a written decision regarding the ruling on the claim for
				compensation.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 4 - HEARING OFFICER AND COMMITTEE PROCEDURE › Section 80-4-003 - Request for Hearing

Current through June 17, 2024
The claimant may accept the decision of the Hearing Officer
				  or request a Hearing before the Crime Victim's Reparations Committee when the
				  claim was denied or substantially reduced without just cause.
003.01 -The notice for request of a Hearing
				must be given within seven days of receipt of the Hearing Officer's decision
				letter.
003.02 - The written
				request for a Hearing must be received within 30 days of notice of request for
				Hearing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 4 - HEARING OFFICER AND COMMITTEE PROCEDURE › Section 80-4-005 - Meeting Date

Current through June 17, 2024
The Committee shall have no fixed meeting date but is
				  subject to call by the Chairperson of the Committee, by a quorum, or by the
				  Executive Director of the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 4 - HEARING OFFICER AND COMMITTEE PROCEDURE › Section 80-4-007 - Meetings

Current through June 17, 2024
All meetings of the Committee shall be conducted pursuant to
				  Neb.Rev.Stat §
									81-1801
				  et seq. and Neb.Rev.Stat. §
									84-1401 et
				  seq.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 5 - HEARINGS › Section 80-5-001 - Purpose

Current through June 17, 2024
To establish a formal Hearing process when a claimant has
				  requested a Hearing before the Committee.
001.01 - Crime Victim's Reparations program
				staff shall establish the date, time and place of the Hearing after
				consultation with the members of the Crime Victim's Reparations Committee and
				notify, in writing, the Committee members and claimants requesting the Hearing
				of the date, time and place of the Hearing. Notification of Committee members
				and claimants shall be made at least 20 working days prior to the
				Hearing.
001.02 - If the claimant
				cannot attend the Hearing, Crime Victim's Reparations staff shall be notified
				at least five working days prior to the Hearing. Claimant notification may be
				made by telephone, but is to be followed by written notification which is
				signed by the claimant.
001.03
				Missed Scheduled Hearings -The Committee may reschedule the Hearing for an
				appeal of a denied claim for compensation when the claimant fails to appear or
				notifies the Committee of an intended absence for a scheduled Hearing. If the
				claimant fails to appear at the second scheduled Hearing and has not notified
				the Committee prior to the Hearing, the Committee may deny the appeal and the
				decision of the Committee will -may be final.
001.04 Recording-Minutes shall betaken of all
				Committee meetings with a record of all votes maintained. The proceedings of
				all Hearings by the Committee shall be recorded and shall be transcribed only
				after the Committee receives notice of appeal In District Court.
001.05 - All proceedings shall be conducted
				in accordance with the Administrative Procedure Act, Neb.Rev.Stat. §
									84-901
				et seq. and with Title 53 of the Nebraska Administrative Code, Chapter 4, as
				they relate to pleadings, notice, ex parte communications, prehearing
				conferences, discovery and the progression of the actual contested case at
				hearing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 5 - HEARINGS › Section 80-5-002 - Evidence

Current through June 17, 2024
The Committee or its Hearing Officer shall not be bound by
				  common law or statutory rules of evidence or by any technical or formal rules
				  of procedure other than provided in these rules and regulations, unless the
				  formal rules of evidence are requested by the claimant pursuant to the
				  Administrative Procedure Act.
002.01 -
				The Committee shall review the Hearing Officer's findings and claimant's CVR
				file in making its determination.
002.02 - The Committee may receive any
				statement, document, or Information necessary to afford the parties a fair
				Hearing, including, but not limited to:
002.02A - Hospital records or reports,
				physicians' reports, and mental health counselor's reports as proof of the
				Injuries sustained without requiring the presence of the attending physicians
				or mental health counselors at the hearing;
002.02B - Police Reports;
002.02C - Records of medical payments by
				third parties or any other payments to or on behalf of the eligible applicant;
				and
002.02D - Statements of
				witnesses.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 5 - HEARINGS › Section 80-5-003 - Committee Decision

Current through June 17, 2024
The Committee shall grant the claimant's request, in whole or
				  In part, when the claimant has demonstrated by a preponderance of the evidence
				  that the claimant or applicant is eligible to receive compensation as specified
				  by Title 80 and the Act conditioned upon the availability of funds.
003.01 -In order to grant the claimant's
				request, a majority of the Committee's quorum must vote in favor of the
				request.
003.02 -The vote will be
				made based upon a motion made during the open hearing.
003.03 -The Committee's decision will be made
				in writing and shall Indicate its findings and the bases that support
				It.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 5 - HEARINGS › Section 80-5-004

Current through June 17, 2024
The claimant shall be notified, in writing, of the decision
				  of the Crime Victim's Reparations Committee within ten working days from the
				  date of the Hearing. Such notification shall be made via certified mail with a
				  signed return receipt from the claimant being requested. Notification shall
				  include the decision of the Committee; if the claim Is awarded, the amount of
				  the award and the amount to each eligible service provider shall be stated. If
				  the Committee denies the request, the reason for the denial shall be
				  stated.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 5 - HEARINGS › Section 80-5-005

Current through June 17, 2024
Appeals shall be filed in accordance with Neb.Rev.Stat.
				  §
									84-901
				  et seq. and Title 53 of the Nebraska Administrative Code, Chapter 4. A petition
				  for appeal must be filed in the district court of the county where the action
				  is taken within 30 days after receipt of the final decision by the
				  Committee.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-001 - Policy

Current through June 17, 2024
It is the policy of the Jail Standards Board that the
				  following clarification of terminology and parameters be applied in the
				  promulgation of Standards for all jail facilities within the jurisdiction of
				  the State of Nebraska.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-003 - Authority to Inspect

Current through June 17, 2024
Personnel of the Nebraska Commission on Law Enforcement and
				  Criminal Justice shall have the power and authority to conduct jail inspections
				  at any reasonable hour which they deem necessary to monitor each jail
				  facility's compliance with these Standards.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-004 - Certification of Compliance

Current through June 17, 2024
Each facility administrator shall prepare in writing and
				  submit to the Board notification whereby compliance with these Standards is
				  established. The filing of such written reports shall be within one (1) year of
				  the initial evaluation performed by the staff. Updated notifications shall be
				  submitted thereafter at the discretion of the Board, however, not more often
				  than annually. Nothing herein shall prohibit a political jurisdiction or
				  combination of political jurisdictions operating a jail facility or facilities
				  from adopting rules governing its own employees and facilities, provided such
				  rules are not inconsistent with these Standards.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-005 - Emergency Suspension

Current through June 17, 2024
The facility administrator shall have the power and authority
				  to temporarily suspend any of these Standards in the event of an emergency
				  which threatens the security, order, operation, or safety of the jail facility,
				  facility employees, public, or inmates. Only such Standards as are directly
				  affected by the emergency may be suspended. In no event shall the emergency
				  continue more than thirty (30) days without the knowledge of the Chairman of
				  the Board or the Jail Standards Division. The Chairman of the Board or the Jail
				  Standards Division may specify a maximum time limitation after having been
				  properly notified.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-006 - Gender Specific Terminology

Current through June 17, 2024
References to gender specific terms in these standards, such
				  as "he" or "his", shall be construed to refer to both genders unless
				  specifically indicated otherwise.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-007 - Mandatory and Permissive Standards

Current through June 17, 2024
These Standards distinguish between what is required and what
				  is optional by the language in the text. Where these Standards use the words
				  "shall", "must", "is required", or similar expressions, a requirement is
				  indicated. When the words "may", "should", or "is encouraged" are used, then
				  these Standards indicate an option, an advisory instruction, or an aspirational
				  standard.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-008 - Temporary Population in Excess of Rated Capacity

Current through June 17, 2024
When the average daily population of a facility constructed
				  in conformance with Chapter 15 of these Standards becomes overcrowded, the Jail
				  Standards Board may grant a temporary suspension of the living space
				  requirements of Chapter 15 to allow the installation of additional beds.
008.01
Suspension
				Duration
. Suspensions may be granted for a period of up to one (1)
				year. The Board may authorize a suspension beyond one year after review of
				progress being made to resolve the problem. Once the suspension is ended, the
				Board may require the additional beds to be removed
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-009 - Severability

Current through June 17, 2024
If any article, section, subsection, sentence, clause or
				  phrase of these Standards is for any reason or reasons held to be
				  unconstitutional, contrary to statute, or exceeding the authority of the Board,
				  then such decision shall not affect the validity of any other article, section,
				  subsection, sentence, clause or phrase of these Standards.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 1 - STANDARDS FOR JAIL FACILITIES - DEFINITIONS AND PURVIEW › Section 81-1-010 - Written Policies and Procedures

Current through June 17, 2024
Each facility administrator shall develop and implement
				  written policies and procedures covering all areas identified in these Minimum
				  Jail Standards.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 81 - JAIL STANDARDS BOARD › Chapter 2 - STANDARDS FOR JAIL FACILITIES - PERSONNEL › Section 81-2-001 - Training

Current through June 17, 2024
It is the policy of the State of Nebraska that the facility
				  administrators and facility employees conform to minimum standards of training,
				  staffing, and demeanor as established herein.