reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-006 - Offenses to be Reported

Current through June 17, 2024
The Federal Bureau of Investigation's National Uniform Crime
				  Reporting Program establishes standard definitions of crime and divides crimes
				  into two categories, Part I Offenses and Part II Offenses.
006.01 Part I Offenses
Law enforcement agencies shall submit crime statistics on
				  the following offenses and resulting arrests as defined herein for the purpose
				  of this regulation:
006.01A Homicide
006.01A1 Murder, Manslaughter - the willful
				killing of one human being by another.
006.01A2 Death by Negligence - the killing of
				another person through the gross negligence of another person.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-007 - Reporting Forms

Current through June 17, 2024
The Commission shall furnish reporting forms and return
				  envelopes to law enforcement agencies that are required to submit
				  reports.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-009 - Data Dissemination

Current through June 17, 2024
The Commission will compile and analyze data submitted as
				  follows:
009.01 A magnetic tape
				containing required Uniform Crime Reporting data will be submitted to the
				Federal Bureau of Investigation monthly for national compilation.
009.02 A semi-annual report on Nebraska crime
				trends will be prepared. The report will be released to law enforcement
				agencies, local and state governments, and to the public.
009.03 A preliminary annual report on crime
				in Nebraska will be prepared and released to law enforcement agencies, local
				and state governments, and to the public.
009.04 An annual report on crime in Nebraska
				will be prepared and released to law enforcement agencies, local and state
				governments, and to the public.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 5 - UNIFORM CRIME REPORTING PROGRAM › Section 78-5-010 - Non Complaint Agencies

Current through June 17, 2024
When any agency willfully does not submit Uniform Crime
				  Reports for three consecutive months, that agency shall be considered out of
				  compliance and the following will apply:
The Commission will send a notice of non-compliance by
				  certified mail to the agency head advising of the non-compliance and that the
				  agency head has 30 days to file the delinquent reports.
If reports are not received within 30 days after notice of
				  non-compliance, the Attorney General will be notified to file a civil suit
				  against the agency or agency head, accessing a penalty of up to one-hundred
				  dollars for each day of non-compliance after the 30 days.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-003 - General

Current through June 17, 2024
The Statute directs the Commission, after consultation with
				  the Nebraska County Attorney Standards Advisory Council, with the
				  responsibility of establishing a curriculum and administering continuing legal
				  education for all county attorneys and their deputies beginning January 1,
				  1981. This rule and regulation is prepared to implement the responsibilities
				  set forth in the Statute.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-004 - Curriculum

Current through June 17, 2024
The curriculum established for the continuing legal
				  education of all county attorneys and deputy county attorneys shall contain
				  topics directed at all aspects of the civil and criminal statutory duties and
				  shall include instruction which will:
(a) provide a working knowledge of electronic
				speed measurement principles; and
(b) instruct on the investigation and
				prosecution of crimes against children.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-005 - Hours

Current through June 17, 2024
Beginning on January 1, 1995, annual hours of continuing
				  legal education required for county attorneys and deputy county attorneys shall
				  be fifteen hours. Beginning on January 1, 1997 the required annual hours shall
				  be twenty hours of which up to 5 hours of applicable self-instruction/training
				  credit may be obtained through use of satellite, Internet, video or audio tape
				  presentations. Such requirement shall be waived for county attorneys or deputy
				  county attorneys in any year where such county attorney or deputy county
				  attorney assumes office after July 1 of that year.
005.01 County attorneys and deputy county
				attorneys shall receive, whether elected or appointed, the following
				instruction:
(a) during the first year of
				their term of office, a working knowledge of speed measurement principles not
				to exceed one hour of credit. The instruction may be received from a law
				enforcement officer certified in operating electronic speed measurement
				devices. Instructions may be offered on an individual or group basis or by a
				certified sponsor offering electronic speed measurement principle as a part of
				the course; and
(b) during the
				first two years of their term of office, a total of eight hours of instruction
				on the investigation and prosecution of crimes against children and a minimum
				of one hour each year thereafter.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-006 - Course and Instructor Approval

Current through June 17, 2024
Instruction and course development will be by individuals or
				  organizations approved by the Commission. The following requirements shall be
				  met:
006.01 The course shall have
				significant intellectual and/or practical content for the Office of County
				Attorney as defined in Section (004).
006.02 Each instructor shall be qualified by
				practical and/or academic experience to teach the course. Legal subjects will
				normally be taught by an attorney.
006.03 While written materials need not be
				distributed for every course, thorough, high quality, readable, and carefully
				prepared written materials should be distributed to all participants at or
				before the time the course is offered whenever practicable.
006.04 Instruction shall be given in a
				suitable classroom or laboratory setting No course will be approved which
				involves correspondence work or self-study. Video, motion picture or sound tape
				presentations may be used, provided an instructor is in attendance at all
				presentations to comment and answer questions. Interactive teleconferencing may
				be approved.
006.05 Credit will not
				normally be given for speeches given at luncheons or banquets unless such
				speeches fall within the curriculum requirements set forth in (004).
006.06 A list of all participants shall be
				maintained by the sponsoring individual or organization and shall be
				transmitted to the Commission following the presentation of the course, along
				with the total number of hours to be credited to the course.
006.07 Credit shall be awarded on the basis
				of one hour for each classroom hour actually spent in attendance at an approved
				course.
006.08 Proposed tuition per
				participant shall be submitted.
006.09 An individual or organization which
				seeks approval of a course shall submit all information required by Form
				CLE-1.
006.10 Any individual or
				organization may announce, as to a course that has been given approval, that
				"this course has been approved by the Nebraska Commission on Law Enforcement
				and Criminal Justice for___ hours of continuing legal education credit for
				Nebraska county attorneys and deputy county attorneys."
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-007 - Out-of-State Training

Current through June 17, 2024
Every county attorney or deputy desiring credit for attending
				  out-of-state continuing legal education programs shall:
007.01 Submit Form CLE-2 for approval along
				with a curriculum outline or brochure including proposed tuition per
				participant.
To be approved for credit, the course shall meet the
				  curriculum requirement set out in
004
and, where
				  applicable, the course requirements set out in
006
.
007.02 Report attendance as required in
				Section
012
.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-008 - Sustaining Course Approval

Current through June 17, 2024
The Commission recognizes the established history of specific
				  courses and the general courses offered by certain sponsoring organizations on
				  a continuing basis for in- and out-of-state training. Such courses and
				  sponsoring organizations have a record which establishes that those courses
				  meet the curriculum and course requirements as established in
004
and
006
. While the
				  Commission reserves the right to audit programs for compliance with this rule
				  and regulation, it has examined and does approve the following specific courses
				  and general courses provided by the following sponsoring organizations for
				  credit:
008.01 Nebraska County
				Attorneys Association
008.02
				National College of District Attorneys, University of Houston College of Law,
				Houston, Texas
008.03 National
				District Attorneys Association (training seminars only), Chicago,
				Illinois
008.04 Northwestern
				University College of Law, Evanston, Illinois (short courses for
				prosecutors)
008.05 National
				Judicial College (child support enforcement responsibilities), Reno,
				Nevada
008.06 Hastings College of
				Law (trial advocacy for prosecutors), San Francisco
008.07 All courses which have been approved
				for continuing legal education credit by the certifying agency of any state
				where mandatory continuing legal education is required and which meet the
				curriculum established in
004
.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-009 - Partial Credit for Attending Certain Courses

Current through June 17, 2024
Due to the varied nature of the duties of a county attorney
				  and deputy county attorneys, the Commission recognizes that only parts of
				  certain courses will fall within the curriculum requirements of
004
. In such cases credit will be allowed for
				  attendance at those parts of the course which meet the curriculum guidelines.
				  To receive such credit, county attorneys and deputy county attorneys shall
				  follow the procedure established for approval of out-of-state training set out
				  in
007
,
007.01
,
007.02,
and 007.03.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-010 - Credit for Teaching

Current through June 17, 2024
Credit to a county attorney or deputy for teaching an
				  approved course shall be awarded on the basis of one hour for each 60 minutes
				  spent preparing for and teaching in the course but not to exceed five hours per
				  course taught.
An exception to the 5 hour credit limit may be granted in
				  cases where a county attorney or deputy teach and serve on a faculty of a
				  course approved by the County Attorneys Standards Advisory Council or the
				  Executive Director and are required to:
(a) attend all of the lectures,
				demonstrations, performance exercises and workshop exercises attended by the
				participants, and
(b) perform all
				of the lecture, demonstration, performance, critique, and administrative
				assignments required of the faculty. In these cases, credit may be awarded in
				the same amount allowed to the participants in the course.
010.01 Form CLE-3 will be submitted for
				person seeking teaching credit.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-011 - Office Roster

Current through June 17, 2024
Every county attorney shall submit an annual roster of
				  deputy county attorneys that are in office as of June 30 and by August 1 of
				  each year to ensure compliance with Section
005
.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-012 - Reporting Attendance

Current through June 17, 2024
Every county attorney and deputy shall submit by January 31
				  of each year following the calendar year of training an affidavit of attendance
				  of approved course.
012.01 Form CLE-4
				shall be used for this purpose
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-013 - Noncompliance

Current through June 17, 2024
When a county attorney or deputy county attorney has not
				  fulfilled the required number of hours of annual mandatory continuing legal
				  education, the following will apply:
013.01 Noncompliance Review and Hearing:
013.01A The Commission may designate the
				Executive Director or some other person(s) to make the initial determination
				with respect to any noncompliance, which determination shall be reviewed by the
				Commission before notice of noncompliance is sent to any county attorney or
				deputy county attorney.
013.01B If
				a county attorney or deputy county attorney fails to meet the statutory
				requirements for continuing legal education or fails to file a proper affidavit
				with respect thereto on Form CLE-4, then the Commission shall cause a Notice of
				Noncompliance to be sent to such county attorney or deputy county attorney by
				certified mail directed to the last know address as indicated on records
				maintained in the Commission office. Such notice shall advise the county
				attorney or deputy county attorney of the existence and nature of such
				noncompliance and that the county attorney or deputy county attorney may file a
				request for hearing with the Commission within thirty (30) days of the date of
				mailing of the notice. If no hearing is requested during this period, the
				Commission shall then report such noncompliance to the Attorney General within
				sixty (60) days after the mailing of such notice, for further proceedings in
				accordance with Nebraska Statute
				23-1212.
013.01C If a hearing is requested by a county
				attorney or deputy county attorney determined to be in noncompliance, the
				Commission shall conduct a hearing at which the county attorney or deputy
				county attorney may be represented by counsel and shall make a stenographic or
				tape recorded record of all proceedings at the hearings. The hearing may be
				held before the full Commission or by a Hearing Panel comprised of not fewer
				than three Commission members designated by the Chairman of the Commission. The
				Commission or Hearing Panel may admit any relevant evidence, including hearsay.
Prevailing rules of privilege shall apply. If the hearing is
				  conducted before a Hearing Panel, its findings and recommendations shall be
				  transmitted to the Commission.
013.01D If, after such hearing, the
				Commission determines that a county attorney or deputy county attorney is in
				noncompliance with this rule and regulation, it shall notify the Attorney
				General within fifteen (15) days for further proceedings in accordance with
				Nebraska Statute
				23-1212.
013.01E If failure was not willful or
				negligent, the county attorney or deputy shall be permitted to make up the
				outstanding hours of continuing legal education on or before a deadline
				designated by the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-014 - Evaluation of Education

Current through June 17, 2024
The Council will make a continuing evaluation of the
				  effectiveness of the continuing legal education including the number of
				  required hours and make recommendations to the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › Section 78-6-015 - Expenses of Training

Current through June 17, 2024
From funds appropriated by the Legislature to the Commission
				  for use by the Nebraska County Attorneys Association and/or other organizations
				  as permitted by the Commission's enabling legislation to develop and conduct
				  annual training seminars and conferences, the Commission shall reimburse at a
				  rate consistent with state guidelines for expenses relating to a conference or
				  seminar designed for county attorneys and deputy county attorneys to fulfill
				  the mandatory CLE requirements.
015.01
				Upon an application by the Nebraska County Attorneys Association and/or other
				organizations as permitted by the Commission's enabling legislation for
				reimbursement of expenses relating to sponsorship of the seminar or conference
				for county attorneys and deputy county attorneys. The Commission shall, upon
				receipt of the itemized listing of expenses and attendance roster, reimburse
				the sponsor at a rate consistent with state guidelines for expenses including
				the administrative costs in developing the program. The Commission shall limit
				reimbursement of administrative costs to no more than 10% of total costs.
The Commission shall not reimburse, whether in whole or in
				  part, any registration fee for a county attorney or a deputy county attorney to
				  fulfill mandatory continuing legal education requirements.
015.02 From the funds appropriated under
				Legislative Bills 1246 and 1246(A), in the 1990 session of the Nebraska
				Legislature, the Commission shall subcontract with the Nebraska County
				Attorneys Association and/or other organizations as permitted by the
				Commission's enabling legislation for developing and conducting an annual
				seminar on child abuse, and a trial manual on the investigation and prosecution
				of crimes against children.
015.03
				Prior to making reimbursement to the Nebraska County Attorneys Association
				and/or other organizations as permitted by the Commission's enabling
				legislation, the Commission shall receive written documentation for all costs
				requested for reimbursement.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 6 - COUNTY ATTORNEY CONTINUING LEGAL EDUCATION › NEBRASKA CRIME COMMISSION COUNTY ATTORNEY'S CLE ATTENDANCE REPORT

Current through June 17, 2024
NAME: ________________TITLE:
COUNTY EMPLOYED:
PERIOD COVERED: JANUARY 1, 20__ THROUGH DECEMBER 31,
				  20
APPROVED COURSES ATTENDED DURING
							 THIS PERIOD
SPONSORING AGENCY
NAME OF COURSE
ATTENDANCE DATES
NO. HOURS ATTENDED
TOTAL HOURS ATTENDED
SELF-INSTRUCTION/TRAINING RECEIVED DURING
						  THIS PERIOD**
TRAINING TITLE & PRESENTER
MEANS OF PRESENTATION
TRAINING DATES
HOURS OF TRAINING
TOTAL HOURS SELF-INSTRUCTION
Radar training requirement (1 hour) met in first year of
				  office? YES___ NO
Investigation & prosecution of crimes against children
				  training requirement met? (8 hours during first 2 years and 1 hour each
				  following year) YES___ NO
I swear or affirm that the information herein,
				  is to the best of my knowledge, complete and accurate.
Signature
Date
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-001 - Purpose

Current through June 17, 2024
To reduce expenses incurred by county attorneys in
				  consulting with and retaining expert witnesses and other costs in the
				  investigation and prosecution of crimes against children, including proceedings
				  brought to prove the neglect or dependency of a child as provided for in
				  Chapter 43, Article 2 of the Nebraska Revised Statutes. "Expert" shall have the
				  meaning set forth in Chapter 27-702 of the Nebraska Revised Statutes. Child
				  shall mean any person under the age of eighteen (18).
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-002 - Eligible Applicants

Current through June 17, 2024
Any county attorney or deputy county attorney involved in
				  the investigation and prosecution of crimes against children, including
				  proceedings brought to prove the neglect or dependency of a child as provided
				  for in Chapter 43, Article 2, who has incurred or will incur expert witness
				  costs, or other costs, in such investigation or prosecution of any case, on or
				  after July 1, 1990, are eligible to make application to the Commission. Expert
				  witness costs or other costs shall include, but not be limited to, the
				  following:
(a) The normal reasonable
				hourly or daily fee of such expert plus his/her out-of-pocket expenses for
				depositions, consultations, interviews, and court testimony;
(b) Reasonable out-of-pocket expenses
				incurred by the prosecutor for photocopying, depositions, postage,
				long-distance telephone calls, mileage at the statutory rate for county
				officials, meals and lodging as reimbursable by state regulation; investigative
				expenses; transcripts; brief costs; any other expenses deemed appropriate by
				the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-003 - Form

Current through June 17, 2024
The application or request for expenses or costs of expert
				  witnesses or other costs shall be typewritten and provide the following
				  information:
(a) The name of the case,
				the age of the victim(s), and the name of the defendant(s) or alleged
				perpetrator(s);
(b) A description
				of the crime or conditions alleged and the circumstances leading to the need
				for the retention or consultation with any expert or the need to incur costs,
				and the nature of the services to be rendered;
(c) An estimate of the expert witness costs
				or the costs incurred, including any hourly fee of any expert to be retained or
				consulted, or any other costs;
(d)
				The availability of county funds to independently pay for expert witness fees
				or other costs, and the amount thereof;
(e) The opinion of the county attorney or
				deputy county attorney of the impact upon the case in the event such expert is
				or was not retained or other costs incurred or to be incurred.
The application shall be mailed with sufficient postage to
				  the following address:
Nebraska Crime Commission
State Office Building
P. O. Box 94946
Lincoln, Nebraska 68509-4946
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-004 - Matching Funds

Current through June 17, 2024
The Commission may, before funding a request for expert
				  witness costs or other costs, request the applicant county attorney to agree in
				  writing to match by a designated percentage a portion of the costs to be
				  incurred, if such county funds are available to such county attorney. Such
				  match, if any, shall be based upon due consideration of the county-allocated
				  funds to commit to a case involving the investigation and prosecution of crimes
				  against children, including the complexity of the case itself, and the funds
				  remaining available in the Crimes Against Children Fund administered by the
				  Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-005 - Eligible Cases

Current through June 17, 2024
Any case referred to a county attorney or deputy county
				  attorney involving the investigation or prosecution of crimes against children,
				  or proceedings brought to prove the neglect or dependency of a child as
				  provided for in Chapter 43, Article 2 of the Nebraska Revised Statutes is
				  eligible for funds. Priority consideration for funding may be given by the
				  Commission on the basis of the severity of the crime against a child, the
				  condition or conditions existing which affect the health or well-being of such
				  child, and the complexity of the case itself which requires the use of
				  experts.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-006 - Approval

Current through June 17, 2024
Any application submitted pursuant to this rule shall be
				  considered in whole or in part, within ninety (90) days of submission to the
				  Commission. The Executive Director is authorized to pre-approve an eligible
				  case for which an emergency or priority consideration exists upon consultation
				  of a quorum of the County Attorneys Standards Advisory Council who recommend
				  approval of application.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-007 - Additional Expenses or Costs

Current through June 17, 2024
If additional expenses or costs are incurred, directly
				  related to the investigation or prosecution of crimes against children, which
				  require additional funds over and above an amount previously approved, a county
				  attorney or deputy county attorney may submit a new application delineating
				  those additional expenses or costs for approval by the Commission. This
				  supplemental application shall be governed by the same rules of initial
				  applications.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 7 - ADMINISTRATION OF COUNTY ATTORNEYS CRIMES AGAINST CHILDREN FUND › Section 78-7-008 - After Case Report

Current through June 17, 2024
Within thirty (30) days of final disposition of cases
				  receiving monies from the Crimes Against Children fund, the county attorney
				  shall submit a written report to the Crime Commission which includes the
				  following required information:
(a)
				Disposition of each case;
(b)
				Impact of the case(s);
(c) Total
				number of victims involved to include their individual disposition(s);
				and
(d) County expenses involved in
				the case(s).
(e) Total amount of
				State funds expended.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 8 - JUVENILE DIVERSION DATA COLLECTION › Section 78-8-001 - Purpose

Current through June 17, 2024
To establish procedures governing the reporting of juvenile
				  diversion data to the Nebraska Commission on Law Enforcement and Criminal
				  Justice, hereafter referred to as Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 8 - JUVENILE DIVERSION DATA COLLECTION › Section 78-8-002 - Scope

Current through June 17, 2024
Applicable to all county attorneys or city attorneys of a
				  county or city which has a juvenile diversion program, and juvenile diversion
				  program personnel on behalf of those county and city
				  attorneys.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 8 - JUVENILE DIVERSION DATA COLLECTION › Section 78-8-004 - Definitions

Current through June 17, 2024
004.01: COMMISSION is the Nebraska Commission
				on Law Enforcement and Criminal Justice.
004.02: DIRECTOR OF JUVENILE DIVERSION
				PROGRAMS is the individual appointed by the Executive Director of the
				Commission who shall perform the duties as provided in Nebraska Revised Statute
				81-1427.
004.03: JUVENILE CASE MANAGEMENT SYSTEM
				(JCMS): a secure data portal available as a sub domain to NCJIS, available to
				county and city attorney agencies to enter juvenile diversion data and utilize
				as a case management system.
004.04: JUVENILE DIVERSION PERSONNEL: Those
				individuals employed by the juvenile diversion program.
004.05: JUVENILE DIVERSION PROGRAM: A program
				established pursuant to Nebraska Revised Statute
				43-260.02.
004.06: JUVENILE DIVERSION SERVICE: Services
				offered to the juvenile diversion program participant directly by a program
				established pursuant to Nebraska Revised Statute
				43-260.02.
004.07: NEBRASKA CRIMINAL JUSTICE INFORMATION
				SYSTEM (NCJIS): a secure data portal available to criminal justice
				professionals providing access to a variety of criminal justice data for
				operational use. NCJIS is hosted by the Commission.
004.08: NCJIS ADMINISTRATOR is the person
				designated by their agency to be responsible for creating NCJIS accounts,
				resetting passwords, renewing certificates, and monitoring agency NCJIS
				usage.
004.09: DE-IDENTIFIED DATA:
				Data in the form of counts with information removed or masked that could lead
				to the individual identification of the person to which the data
				applies.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 8 - JUVENILE DIVERSION DATA COLLECTION › Section 78-8-005 - Procedure

Current through June 17, 2024
005.01 Procedure for collection of juvenile
				diversion data from all county and city attorney established juvenile pretrial
				diversion programs.
005.01A Data Reporting:
				Individual level youth data must be submitted electronically through the
				Juvenile Case Management System (JCMS) accessible through the Nebraska Criminal
				Justice Information System (NCJIS). Each county or city attorney requiring
				access to JCMS will enter into a Memorandum of Understanding (MOU) with the
				Commission regarding access and data usage. Individual certificates for JCMS
				access can be obtained through the county or city attorney NCJIS Administrator
				or by contacting the Commission.
005.01B Data will be submitted by January 30
				of each year by entering all individual youth data required by this chapter
				into the JCMS. Juvenile diversion program personnel, if other than the county
				or city attorney, will enter the data and submit on behalf of the county or
				city attorney. County and city attorneys will validate the accuracy of the data
				regarding the youth served submitted on their behalf and instruct juvenile
				diversion program personnel to correct inaccuracies before being submitted.
				County or city attorneys must provide juvenile diversion personnel with their
				own NCJIS certificate with JCMS access.
005.01C Juvenile diversion program personnel
				will keep individual level data updated in order to have current data in JCMS
				at all times. The juvenile diversion program personnel providing the juvenile
				diversion service will be the one entering the individual level data within
				seven calendar days from date of referral to the program.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 8 - JUVENILE DIVERSION DATA COLLECTION › Section 78-8-006 - Data Use

Current through June 17, 2024
The Commission will maintain and compile the juvenile
				  diversion data and prepare an annual report on the status of juvenile diversion
				  in Nebraska. The Commission may distribute, release, and make available upon
				  request aggregate de-identified juvenile diversion data. Juvenile diversion
				  data will be part of the common data set established pursuant to Nebraska
				  Revised Statute
				  43-2404.02. Data received will
				  also be used in statewide planning efforts, determining training needs, and
				  funding priorities.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 9 - MULTIJURISDICTIONAL CHILD ABUSE/NEGLECT INVESTIGATIVE AND TREATMENT TEAMS › Section 78-9-001 - Purpose

Current through June 17, 2024
The Legislature has enacted L. B. 1184 concerning the
				  investigation of child abuse and neglect and the treatment of victims of such
				  abuse and neglect. The bill requires county attorneys to establish in each
				  county multijurisdictional investigative and treatment teams to carry out the
				  purposes of the act. This legislation requires each team to be appointed as
				  soon as practicable after July 15, 1992. The act also contains a provision
				  which permits counties or contiguous groups of counties to opt out of the act
				  if said counties or groups of contiguous counties meet certain conditions and
				  seek approval of the Nebraska Commission on Law Enforcement and Criminal
				  Justice (Commission). The purpose of this regulation is to establish rules for
				  those jurisdictions who elect not to create the teams required by the
				  act.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 9 - MULTIJURISDICTIONAL CHILD ABUSE/NEGLECT INVESTIGATIVE AND TREATMENT TEAMS › Section 78-9-002 - Procedure

Current through June 17, 2024
A. Any county or contiguous group of counties
				may elect not to establish a investigative or treatment team under L.B. 1184.
				If said county or contiguous group of counties decide not to comply with the
				sections of the act requiring said team or teams, the county attorney must
				notify the Executive Director of Commission of its intent in writing by January
				1, 1993. By July 15, 1993, the county attorney of said county or contiguous
				group of counties must submit in writing to the Executive Director an
				alternative proposal. This proposal must set forth the program said county or
				counties propose to establish to meet the child abuse and neglect investigation
				and treatment services required to meet the goals of the act.
B. The Commission will review each proposal
				and either approve it or make recommendations for changes. Any changes
				recommended by the Commission must be adopted by the counties within the time
				permitted by the Commission.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 9 - MULTIJURISDICTIONAL CHILD ABUSE/NEGLECT INVESTIGATIVE AND TREATMENT TEAMS › Section 78-9-003 - Goals of Alternative Proposal

Current through June 17, 2024
A. Each proposal
				submitted under Section II above must state precisely and fairly how the county
				or contiguous group of counties will meet the goals set out in Paragraph B and
				C below through their alternative program. To the extent possible, any proposal
				submitted to the Commission as an alternative to the team concept shall include
				a fair cross section of those people from the area who have as their function
				any aspects of the investigation or treatment of child abuse or
				neglect.
B. Goals of Investigative
				Functions:
1. Develop investigative protocols
				to be followed by law enforcement and the Department of Social Services
				(DSS).
2. Develop protocols for
				joint investigations by law enforcement and DSS.
3. Ensure that all law enforcement agencies
				participate in investigating child abuse and neglect.
4. Reduce the risk of harm to child abuse and
				neglect victims.
5. Ensure that law
				enforcement, DSS and all other agencies having information concerning child
				abuse and neglect share said information on a timely basis.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 9 - MULTIJURISDICTIONAL CHILD ABUSE/NEGLECT INVESTIGATIVE AND TREATMENT TEAMS › Section 78-9-004 - Reporting

Current through June 17, 2024
The County Attorney shall submit a roster with the name and
				  address of each team member to the Commission by August 1, 1993 and each year
				  thereafter. If more than one county is part of a team, the participating county
				  attorneys shall jointly submit a roster with the name and address of each team
				  member to the Commission by August 1, 1993 and by August 1 of each year
				  thereafter. In addition, each team shall submit a report to the Commission by
				  August 1 of each year reporting the number of times the team met within a
				  calendar year and any changes in team membership.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 9 - MULTIJURISDICTIONAL CHILD ABUSE/NEGLECT INVESTIGATIVE AND TREATMENT TEAMS › Section 78-9-005 - Noncompliance

Current through June 17, 2024
The rosters and reports referred to in Section 004 will be
				  kept on file at the Commission office. The Executive Director will make the
				  initial determination with respect to any noncompliance, which determination
				  shall be reviewed by the Commission before notice of noncompliance is sent to
				  any county attorney or team. The Commission shall cause a Notice of
				  Noncompliance to be sent to each county attorney or team by certified mail
				  directed to the last known address as indicated on records maintained in the
				  Commission office. Such notice will advise the county attorney or team of the
				  existence and nature of such noncompliance and a copy of the notice shall be
				  sent to the Child Protection Division of the Office of the Attorney
				  General.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-001 - Purpose

Current through June 17, 2024
These regulations provide Criminal Justice Agencies and
				  Noncriminal Justice Agencies with the proper requirements to access the
				  Nebraska Criminal Justice Information System (NCJIS), to protect and safeguard
				  Criminal Justice Information, and ensure compliance and establish sanctions for
				  misuse, and auditing guidance.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-002 - Scope

Current through June 17, 2024
This regulation applies to all criminal justice agencies
				  (defined in Neb. Rev. Stat. §
									29-3509)
				  and noncriminal justice agencies who utilize NCJIS.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-004 - Applicability

Current through June 17, 2024
These regulations are applicable to all authorized agencies
				  and users of NCJIS and to any agency requesting access to NCJIS from the
				  Committee.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-005 - Definitions

Current through June 17, 2024
The following words and terms, when used in these
				  regulations, have the following meaning unless the context clearly indicates
				  otherwise.
005.01
"Access"
means the physical or logical (electronic) privilege to
				view, modify, or make use of criminal justice information, whether directly or
				indirectly.
005.01A "Direct Access" means
				access to Criminal Justice Information System (CJIS) via authorized and
				approved NCJIS credentials (i.e., ACF2User ID and password).
005.05B "Indirect Access" means access to
				criminal justice information, in oral, online or printed form, by an individual
				without approved NCJIS credentials for direct access.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-006 - Committee Responsibilities

Current through June 17, 2024
The Committee will work to create and maintain NCJIS for
				  authorized state and local criminal justice and non-criminal justice users that
				  supports operations, policy analysis, and public safety, which is appropriately
				  secured in order to protect privacy rights. In carrying out this
				  responsibility, the Committee will:
006.01 Provide advice and direction to the
				Commission on issues relating to data sharing and use of information technology
				among criminal justice agencies;
006.02 Provide advice to the Commission on
				CJIS issues;
006.03 Establish and
				promote standards for data processing and communication; and
006.04 Facilitate the development and
				coordination of state and local CJIS that provides an avenue for cooperation
				and coordination among state and local information systems.
006.05 Approve or deny the application in
				writing by email, fax, or U.S. Mail. A notice of denial will include the
				reasons for denial.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-007 - Data Agreements

Current through June 17, 2024
The NCJIS Project Manager administers and maintains
				  interagency data agreements with all data owners that participate in the
				  NCJIS/NDEN data exchange. Data agreements are made between the data owner and
				  the Committee. Data agreements are to be examined every five (5) years for
				  completeness and applicability. Data agreements are to include, but not be
				  limited to, the following:
007.01 The
				reporting all instances of an Improper Access or Breach to the data
				owner.
007.02 The NCJIS Project
				Manager will notify the data owner in writing by email, fax or U.S. Mail when
				an Improper Access or Breach investigation concludes.
007.03 A CJA/NCJA that creates, stores, or
				maintains information on NCJIS are considered the owners of those records and
				maintain all rights and responsibilities of ownership of those
				records.
007.04 The data owner is
				responsible for the accuracy and completeness of the records it exchanges
				through NCJIS/NDEN
007.05 The NCJIS
				Project Manager must validate and certify that data provided is accurate and
				complete. A CJA/NCJA that fails to comply with validation and certification of
				data accuracy and completeness could have data removed or data exchanges
				suspended.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-008 - Public Inquiry

Current through June 17, 2024
Any individual may request information about searches
				  conducted regarding his or her person. Such a request only applies to NCJIS
				  person queries conducted within one year from the date of the request. This
				  relates only to data made available within NCJIS and does not include any
				  queries made at the federal level.
008.01 Individuals must provide the NCJIS
				Project Manager with a Certification of Identity Form. The individual
				requesting information may authorized another individual to submit the request
				on his or her behalf.
008.02 It is
				the duty of the NCJIS Project Manager to request release of query results from
				any law enforcement agency prior to release to ensure the public inquiry
				individual is not currently being investigated.
008.03 The NCJIS Project Manager request is
				to include the following:
008.03A Date of
				query
008.03B Data set
				accessed
008.03C Authorized Agency
				and Authorized User querying the system.