reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-006 - Step-One Grievance Procedures

Current through June 17, 2024
The following procedures apply to Step-One Grievances:
006.01 The Step-One Grievance Form may be
				obtained from the inmate's case manager or designee.
006.02 The Step-One Grievance Form must be
				filed within 15 calendar days of the date the inmate receives the informal
				grievance response, or if no response was received, within 20 calendar days of
				the incident giving rise to the grievance.
006.03 The inmate may address only one issue
				on a formal grievance, or it will be returned to the inmate.
006.04 The Informal Grievance Resolution Form
				and response, if received, must be attached to the Step-One Grievance
				Form.
006.05 The formal grievance
				process begins when the inmate completes the inmate portion of the Step-One
				Grievance Form and submits it to the Warden or designee.
006.06 Upon receipt of the Step-One Grievance
				Form from the inmate, the Warden's designee shall log and receipt the Step-One
				Grievance Form. The receipt for the Step-One Grievance Form shall contain the
				grievance log number and shall be sent to the inmate.
006.07 The Warden's designee shall review
				and, if necessary, investigate the grievance. The results of the investigation
				shall be communicated to the Warden and include a proposed response to the
				grievance. The Warden or designee will review the suggested response and will
				send a written response to the inmate within 10 working days of the receipt
				date. The response shall include a brief statement of the reason or reasons for
				the decision.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-007 - Step-Two Grievance Procedures

Current through June 17, 2024
The following procedures apply to Step-Two Grievances:
007.01 If the inmate wants to appeal the
				response to the Step-One Grievance, then the inmate must obtain a Step-Two
				Grievance Form from the inmate's case manager or designee.
007.02 The inmate shall submit the Step-Two
				Grievance Form to the Director by interoffice mail within 10 calendar days
				after receipt of the Warden's response to the Step-One Grievance. If the
				grievance is in an envelope, it shall be clearly marked to indicate that it
				contains a Step-Two Grievance Form. The Step-Two Grievance Form may be mailed
				in compliance with NDCS rules governing privileged mail.
007.03 The Informal Grievance Resolution Form
				and the Step-One Grievance Form and responses must be attached to the Step-Two
				Grievance Form.
007.04 Upon receipt
				of the Step-Two Grievance Form, the Director's designee shall log and receipt
				the Step-Two Grievance Form. The receipt for the Step-Two Grievance Form may be
				delivered to the inmate by interoffice mail.
007.05 The Director or designee shall respond
				to the Step-Two Grievance Form within 20 working days of the receipt date. The
				Director or designee may rely upon the information compiled by the Warden's
				investigation or conduct an additional investigation. The Director may modify,
				affirm or reverse the response of the Warden.
007.06 The decision of the Director or
				designee is final.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-008 - Limitations on Grievances

Current through June 17, 2024
An inmate may file no more than two Step-One Grievances per
				  week (Monday through Sunday), except for valid emergency
				  grievances.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-009 - Emergency Grievances

Current through June 17, 2024
Emergency Grievances are those matters that must be resolved
				  quickly because if the standard grievance time limits were used the inmate
				  would be subjected to substantial risk of personal injury or other serious or
				  irreparable harm.
009.01 Emergency
				Grievances shall be filed on Informal Grievance Resolution Forms.
009.02 Emergency Grievances shall be filed
				with unit staff.
009.03 Unit Staff,
				or Shift Supervisory staff, outside of regular business hours, shall respond to
				Emergency Grievances.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-010 - Abuse of the Grievance Process

Current through June 17, 2024
If an inmate files frivolous, nuisance or duplicative
				  grievances at any level, a designee of the Warden will conduct a classification
				  hearing to determine whether the inmate is abusing the grievance process. If it
				  is determined that the inmate is abusing the grievance process, a reasonable
				  limitation may be placed on the number of grievances the inmate is allowed to
				  file for a specified period of time.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-011 - Other Remedies

Current through June 17, 2024
Inmates may communicate grievances to persons outside
				  NDCS.
011.01 An inmate may communicate
				a grievance to the Office of Public Counsel/Ombudsman, legislators, attorneys,
				courts or others. If an inmate chooses to send an unprocessed grievance to an
				entity outside NDCS, the grievance will not be considered to be filed with NDCS
				and will not be entitled to a response by NDCS.
011.02 Claims against NDCS involving
				miscellaneous or tort claims for money may be filed pursuant to the State Tort
				Claims Act.
011.03 Each facility
				shall ensure that inmates have reasonable access to courts and legal services
				and materials.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-002 - Departmental Policy

Current through June 17, 2024
An inmate's access to the mail will be limited only if the
				  access constitutes a violation of state law, federal law, regulations governing
				  mail or threatens the security, safety or good order of the
				  facility
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-003 - Contraband in Mail

Current through June 17, 2024
Contraband, for purposes of this Chapter, includes but is not
				  limited to:
003.01 Any drugs that
				cannot be legally possessed under Nebraska law.
003.02 Tobacco or tobacco products.
003.03 Information on escape
				routes.
003.04 Information on the
				manufacture of weapons, incendiary devices, drugs or alcohol.
003.05 Alcoholic beverages.
003.06 Weapons of any type.
003.07 Perishable goods, unless approved by
				the Warden of the facility.
003.08
				Maps that constitute a threat to the security of the facility or the public
				because the map could be used as an escape tool.
003.09 Cash.
003.10 Any items that would cause a violation
				of the Code of Offenses if possessed by an inmate.
003.11 Any item that promotes gangs or gang
				activity.
003.12 Postage stamps
				(except as allowed in Chapter 3, §
									11.07 of this Title and in Community
				Corrections facilities).
003.13 Any
				item that would constitute a threat to the safety, security or good order of
				the facility including printed, published, recorded or photographed
				material.
003.14 Any publication,
				writing or recording that advocates or is likely to incite violence or illegal
				activities.
003.15 Any publication
				or item that advocates or is likely to incite violent or illegal activity,
				including materials which advocate or depict violent or illegal sexual
				activity.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-004 - Contraband in Outgoing Mail

Current through June 17, 2024
004.01 All
				non-privileged outgoing mail will be examined for enclosures and contraband
				except in community corrections facilities. The Warden of a community
				corrections facility may have outgoing mail examined at his or her
				discretion.
004.02 Any contraband
				found in outgoing mail will be seized and a receipt will be given to the
				inmate.
004.03 Official government
				money confiscated from an inmate's outgoing mail will be placed in the inmate's
				confiscated cash account and will be returned to the inmate upon release from
				the custody of NDCS.
004.04 At the
				conclusion of any disciplinary action involving contraband in outgoing mail,
				the seized contraband shall be destroyed, retained, or referred to a law
				enforcement agency, as appropriate.
004.05 If an inmate wants to challenge the
				seizure of contraband found in outgoing mail, the inmate shall use the
				grievance procedure.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-005 - Contraband in Incoming Mail

Current through June 17, 2024
005.01 All
				non-privileged incoming mail will be opened and examined for enclosures and
				contraband.
005.02 All contraband
				found in incoming mail shall be removed. A written statement shall be prepared
				for all contraband found in incoming mail. A copy of the written statement
				shall be given to the inmate. The statement shall include a description of the
				contraband and why it was removed.
005.03 If the contraband in incoming mail
				violates state or federal law, the contraband and the letter will be referred
				to law enforcement. If contraband in incoming mail is seized for prosecution
				purposes, the sender and the inmate will be notified.
005.04 An inmate can challenge the seizure of
				contraband in incoming mail by filing a grievance.
005.05 A sender can challenge the seizure of
				contraband in incoming mail by contacting the Warden of the facility in
				writing.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-006 - Contraband Publications

Current through June 17, 2024
006.01 An inmate
				will receive written notice if a publication is deemed to be contraband. The
				notice shall state why the publication is not being delivered and why it is
				contraband.
006.02 The publication
				will be held until the grievance procedure is exhausted or the time for filing
				a grievance has expired. Afterward, the publication shall be destroyed or
				returned to the sender at the inmate's expense.
006.03 An inmate may request that the
				publication be immediately returned to the sender at the inmate's
				expense.
006.04 Inserts in
				publications may be removed if the inserts are contraband. The inserts may be
				removed without notice to the inmate. After the inserts that are contraband are
				removed from the publication, the publication can be delivered to the
				inmate.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-007 - Inmate-to-Inmate Mail

Current through June 17, 2024
007.01
				Inmate-to-inmate mail is presumed to be a threat to the safety, security or
				good order of the facilities and is presumed to jeopardize the rehabilitation
				of the inmates.
007.02
				Inmate-to-inmate correspondence may be allowed only if the inmates or parolees
				are immediate family or have a common interest in a legal matter and the
				correspondence will not threaten the safety, security or good order of the
				institution or jeopardize the rehabilitative process of the inmates or
				parolees.
007.03 An inmate cannot
				send mail to or receive mail from:
007.03A A
				parolee without the approval of the Warden and the Parole
				Administrator.
007.03B An inmate at
				another correctional institution without the approval of the Wardens of both
				institutions.
007.03C An inmate in
				the same institution without the Warden's approval.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-008 - Outgoing Mail Procedure

Current through June 17, 2024
008.01 The amount
				of mail an inmate can send will not be limited unless the inmate has violated
				NDCS rules and regulations or policies relating to mail.
008.02 Inmates cannot establish credit with
				sellers of merchandise, or establish or conduct business enterprises.
008.03 Inmates cannot send mail to persons
				who have given written notification to the Warden objecting to receiving mail
				from the inmates.
008.04 The Warden
				will designate employees to process outgoing mail.
008.05 All outgoing mail will be stamped with
				a statement that the mail came from a correctional institution.
008.06 All outgoing mail will be examined for
				enclosures and contraband except in community corrections facilities. The
				Warden of a community corrections facility may determine when outgoing mail
				will be examined at his/her discretion.
008.07 Outgoing mail may be read only when
				there is clear and convincing evidence that the outgoing mail could constitute
				a threat to the safety, security, or good order of the facility.
008.08 The envelopes for outgoing mail shall
				not be sealed by the inmate, unless the mail is privileged.
008.09 The inmate's name, number and
				institutional address shall be on the upper left-hand corner of each piece of
				outgoing mail. The inmate shall use his/her legal name or legally changed name.
				If the inmate's name is not on outgoing mail, the mail will be retained for 60
				days. If the inmate does not claim the mail within 60 days, the mail will be
				destroyed.
008.10 If any outgoing
				mail is not allowed to leave the facility, the mail will be returned to the
				inmate, with a written explanation of why the mail was returned.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-010 - Limitations

Current through June 17, 2024
Inmates may use the U.S. Mail for correspondence. NDCS will
				  not send or receive facsimile transmissions, telegrams, express mail, e-mail or
				  any other electronic transmission of correspondence for an
				  inmate.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 3 - MAIL PRIVILEGES › Section 68-3-011 - Privileged Mail

Current through June 17, 2024
011.01 Inmates may
				send sealed letters to all federal and state officials, the Director, Chief of
				Operations, Deputy Director, and Warden of any NDCS facility; the Office of
				Public Counsel/Ombudsman; judges; members of the Parole Board and members of
				the Pardons Board; and active licensed attorneys.
011.02 The Warden may attach to any outgoing
				privileged mail, a notice disclaiming responsibility for the nature or contents
				of outgoing privileged mail.
011.03
				Incoming mail marked as privileged/confidential from one of the persons listed
				in subparagraph
				011.01 of this rule may be opened
				only in the inmate's presence.
011.04 Incoming privileged mailed will be
				examined for contraband when it is opened.
011.05 Incoming privileged mail will not be
				read unless there is clear and convincing evidence that the incoming privileged
				mail threatens the safety, security, or good order of the
				institution.
011.06 The name or
				firm affiliation of the sender of incoming privileged mail must appear in
				commercial printing or stamp on the envelope or the incoming mail will not be
				considered privileged mail. Any incoming mail marked "Attorney-Client", or
				which in some other fashion is clearly indicated to be attorney-client
				communication, shall be opened only in the presence of the inmate addressee.
011.07 Attorneys may send an
				inmate one self-addressed stamped envelope in each item of privileged incoming
				mail.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - VISITING › Section 68-4-003 - Posting Visiting Regulations

Current through June 17, 2024
The Warden shall ensure that copies of this rule and other
				  regulations of the facility concerning visiting are posted at the entrance of
				  the facility and at the visiting areas. The Warden shall provide copies to any
				  person upon request.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - VISITING › Section 68-4-004 - Visiting Records

Current through June 17, 2024
The Warden shall ensure that a record of each visitor who
				  enters the facility be kept, including the visitor's verified identity, the
				  dates and times of the arrival and departure, and the names of the inmates
				  visited.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - VISITING › Section 68-4-005 - Visiting Lists

Current through June 17, 2024
An inmate may receive visits from anyone he or she chooses,
				  subject to the approval of the Warden. The Warden shall consider the effect
				  that the presence of the visitors has on the staff, and the inmates. Visitors
				  may be refused admission to the facility or removed from a visiting list for
				  violating visiting rules and regulations. The Warden will advise a person
				  removed from a visiting list of the removal in writing, stating the reasons for
				  the removal, with a copy to the inmate who was to have been
				  visited.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 4 - VISITING › Section 68-4-006 - Visiting Procedure

Current through June 17, 2024
Each visitor must verify his/her identity. In addition, the
				  Warden may require visitors entering the facility to submit to a search of
				  person and belongings prior to entrance.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - CODE OF OFFENSES › Section 68-5-002 - Departmental Policy

Current through June 17, 2024
All inmates in the custody of or under the supervision of the
				  Department shall be subject to the Code of Offenses. Any violation of the Code
				  of Offenses may result in disciplinary action pursuant to Chapters 5 and 6. No
				  conduct of an inmate constitutes an offense unless it is defined as such in the
				  Code of Offenses.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - CODE OF OFFENSES › Section 68-5-003 - Notice of Code of Offenses

Current through June 17, 2024
The Warden shall ensure that all inmates are informed of the
				  Code of Offenses. Any changes in the Code of Offenses shall be prominently
				  posted.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - CODE OF OFFENSES › Section 68-5-004 - Standard of Proof Required

Current through June 17, 2024
An inmate may be found guilty of a rule violation only when
				  substantial evidence exists that he or she engaged in conduct that fulfills all
				  the necessary elements of the offense. The conduct must be voluntary and be
				  intentional, reckless or grossly negligent. The accused must have had notice
				  that the conduct was proscribed by the Code of Offenses. An inmate may be found
				  guilty of committing an offense, aiding and abetting in the commission of an
				  offense or attempting to commit an offense.
004.01 Aiding and Abetting. An inmate may be
				disciplined if the institutional disciplinary committee finds that he or she
				knowingly commanded, induced, procured or aided another person in the
				commission of the offense. No inmate shall be disciplined if the inmate
				withdrew from participation in the offense and made a reasonable effort to
				prevent its commission. In any disciplinary hearing under this section, it is
				not a complete defense that charges against another inmate were
				dismissed.
004.02 Attempt. An
				inmate may be disciplined for attempting to commit an offense if:
(1) The inmate acts with the kind of
				culpability required for commission of such offense, or engages in conduct that
				constitutes the acts necessary for the commission of the offense except its
				completion;
(2) The inmate willfully
				provides substantial and knowing assistance to a person attempting to commit an
				offense under the Code of Offenses; or
(3) The inmate agrees with one or more
				persons to engage in or cause the performance of such conduct. An inmate found
				guilty of an attempt shall be subject to the same penalties that correspond to
				the offense attempted.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-002 - Departmental Policy

Current through June 17, 2024
The Warden of each facility shall maintain a clearly defined
				  disciplinary procedure that complies with the provisions of this Rule and is
				  consistent with guidelines issued by the Director. The disciplinary procedure
				  shall be designed to contribute to the efficient operation of the facility and
				  to be conducive to the successful re-socialization of the inmates confined
				  therein.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-003 - Disciplinary Principles

Current through June 17, 2024
In every disciplinary action the following principles
				  apply.
003.01 Disciplinary action is
				used to regulate an inmate's behavior within acceptable limits. Disciplinary
				sanctions are imposed to hold the inmate accountable for his/her misconduct and
				to deter that inmate and other inmates from engaging in similar misconduct in
				the future. Each disciplinary sanction imposed must be proportionate to the
				seriousness of the inmate's misconduct considering all aggravating and
				mitigating circumstances and prior offenses for the same or similar
				behavior.
003.02 The behavior of
				inmates committed to the custody of NDCS shall be controlled in an impartial
				and consistent manner.
003.03
				Disciplinary action shall not be capricious, retaliatory or
				revengeful.
003.04 Corporal
				punishment of any kind is prohibited.
003.05 Withholding or modifying meals shall
				not be administered as discipline.
003.06 Disciplinary committees may request
				investigations, but cannot conduct investigations themselves.
003.07 A finding that a person has committed
				an act prohibited by the Code of Offenses must be based upon information
				obtained in the hearing process.
003.08 Records of all disciplinary actions
				shall be kept.
003.09 NDCS does not
				utilize disciplinary segregation.
003.10 NDCS does not utilize solitary
				confinement.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-004 - Notice of Disciplinary Procedures

Current through June 17, 2024
The Warden or designee shall give inmates notice of NDCS
				  disciplinary procedures. The rulebook containing all chargeable offenses,
				  penalties and disciplinary procedures shall be given to each inmate and staff
				  member. The rulebook is translated into those languages spoken by significant
				  numbers of inmates. When a literacy or language problem prevents an inmate from
				  understanding the rulebook, a staff member or translator shall assist the
				  inmate in understanding the rules. This information may be given either at the
				  time of admission to the facility or during reception and
				  orientation.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-005 - Filing and Logging of Misconduct Reports

Current through June 17, 2024
If an employee witnesses or has a reasonable belief that an
				  infraction of the Code of Offenses has been committed by an inmate, the
				  employee shall prepare a written report. The report shall be filed with Warden
				  or designee, within 72 hours of the occurrence of the infraction or the
				  discovery of it. The point of discovery of a drug violation based on a
				  laboratory drug test is when the result of the laboratory test is received by
				  the facility's designated staff member. The report shall be placed in the files
				  of the facility, and logged in facility records. The report shall be logged
				  within 24 hours after the report is filed, which commences the
				  investigation.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-006 - Disciplinary Committees

Current through June 17, 2024
Each facility shall have institutional and unit disciplinary
				  committees. After a misconduct report is filed and logged pursuant to these
				  rules, the Warden or designee shall review the report, and determine the
				  offenses allegedly committed and determine whether the hearing on the report
				  shall be conducted by an institutional disciplinary committee or a unit
				  disciplinary committee. The factors to be considered include but are not
				  limited to the inmate's disciplinary history, the nature of the alleged
				  offense(s), and the likelihood of loss of good time being imposed.
006.01 Unit disciplinary committees shall
				follow the rules and use the Code of Offenses established by Chapter 5 of these
				rules.
006.02 Unit disciplinary
				committees may not order the loss of good time.
006.03 The procedures for unit disciplinary
				committee hearings and the sanctions that may be imposed by a unit disciplinary
				committee shall be established by NDCS policies and procedures.
006.04 The institutional disciplinary
				committee may transfer cases to a unit disciplinary committee and a unit
				disciplinary committee may transfer cases to the institutional disciplinary
				committee.
006.05 None of the rules
				or procedures set forth below in this chapter apply to unit disciplinary
				committees.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-007 - Institutional Disciplinary Committee or Hearing Officer

Current through June 17, 2024
The Warden shall establish one or more disciplinary
				  committees. The Warden may appoint a single hearing officer in lieu of a
				  "committee" and where the term "committee" is used herein it refers to
				  individual hearing officers as well as committees composed of two or more
				  members. To the extent possible, a person representing the treatment or
				  counseling staff of the facility shall participate as a member of the facility
				  disciplinary committees. No person shall maintain a position on a disciplinary
				  committee during a hearing if that person has first-hand knowledge of the
				  charges brought against the accused inmate, either as an eyewitness or as the
				  reporting officer or investigating officer. However, an employee may be a
				  member of a disciplinary committee when the incident is so widely witnessed
				  that virtually every employee has witnessed it in whole or in part. Records of
				  disciplinary proceedings shall be maintained in the inmate's institutional file
				  unless dismissed on appeal.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-009 - Review by Warden

Current through June 17, 2024
The Warden or designee shall review the decision of the
				  institutional disciplinary committee. The Warden may modify or decrease the
				  sanctions imposed by the disciplinary committee, but may not increase the
				  severity of those sanctions. The Warden's responsibilities under this paragraph
				  may not be delegated to anyone who served as a member of the disciplinary
				  committee hearing the case to be reviewed.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-010 - Loss of Good Time

Current through June 17, 2024
Institutional disciplinary committees may impose the
				  following penalties for violations of the Code of Offenses if the committee
				  finds the violations to be serious or flagrant. Flagrant or serious misconduct
				  shall include:
(1) Major disruption to
				the operation of the institution;
(2) Threats to the safety or security of the
				institution, public visitors, staff and/or other inmates;
(3) Violence;
(4) Substantial destruction of
				property;
(5) Escape or attempted
				escape; or
(6) Repeated violations
				of the same offense in the past 12 months.
0010.01 Class I offenses (those preceded by a
				Roman Numeral I in the Code of Offenses).
0010.01A Loss of good time not exceeding 180
				days for violations not involving assault or injury to a person. Loss of good
				time not exceeding 730 days for violations involving assault or injury to a
				person. The Disciplinary Committee may designate loss of good time involving
				assault or injury to a person as non-restorable.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-011 - Other Penalties

Current through June 17, 2024
In addition to the penalties set out above, a disciplinary
				  committee may impose the following penalties. A combination of penalties may be
				  imposed for each offense contained in the Code of Offenses.
011.01 Extra Duty. An inmate may be assigned
				additional work duties without pay during a period of time not to exceed 30
				days. Work assignments need not be in the area of the inmate's present work
				assignment. Extra duty shall not exceed 120 hours for all violations arising
				out of one incident.
011.02
				Restriction. An inmate may be restricted from any correctional facility
				activities for disciplinary reasons except the recognized worship activity for
				his/her religious faith group, dining hall, designated group or individual
				therapy, and school, for a period of time not to exceed 90 days for all
				violations arising out of one incident. Restrictions on clothing, bedding,
				mail, visitations, use of toilets, wash bowls, scheduled showers or facilities
				and materials needed for access to the courts shall be imposed only for abuse
				of such privileges or facilities.
011.03 Reprimand. An inmate may be
				reprimanded verbally or in writing for violating the Code of
				Offenses.
011.04 Restitution. An
				inmate may be required to make restitution for: an amount up to the actual
				value of property intentionally or recklessly destroyed belonging to the state
				or any other person; an amount up to the actual cost to the state for injuries,
				repairs or other damages caused by intentional acts of the inmate; and for the
				reasonable costs incurred by the state when returning the inmate to the
				correctional facility after an escape. Before restitution can be ordered for
				disciplinary reasons, the inmate must be found to have violated a pertinent
				rule, and a disciplinary committee must determine the amount of restitution
				based on substantial evidence introduced at a disciplinary committee hearing.
				Restitution monies may be taken only from the inmate's institutional
				account.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-013 - Records

Current through June 17, 2024
If an Institutional Disciplinary Committee dismisses or an
				  appellate body reverses all charges on a misconduct report, the misconduct
				  report shall be removed from the inmate's misconduct report history. When an
				  inmate is found guilty of only some of the rule violations he or she was
				  originally charged with in a misconduct report, the disciplinary record must
				  show which charges were dismissed.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-014 - Appeals Process

Current through June 17, 2024
The inmate shall be advised of the right to appeal at the
				  time he or she is notified of the Institutional Disciplinary Committee's
				  decision. Appeals must be in writing and must state the charge(s) to be
				  reviewed and the reason(s) why the charge(s) should be reversed. The inmate
				  shall submit the appeal to unit management staff within 15 days after receiving
				  notice of a disciplinary committee's decision.
014.01 Timeframes and Contents. Within 10
				days after receiving the inmate's appeal, unit management staff will send a
				complete copy of the disciplinary committee record and the inmate's appeal to
				the Appeals Board. The complete disciplinary committee record includes the
				misconduct report, disciplinary action sheet, and other relevant documents. The
				Appeals Board will render a decision based on this evidence. The Appeals Board
				will review and analyze due process, findings of fact, evidence relied upon,
				and the impartiality of the decision-making process. Appeals Board staff will
				send the inmate a copy of the Appeals Board decision within 30 days after
				receipt of the appeal.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-015 - Room Restriction

Current through June 17, 2024
Room restriction is the status of being restricted from
				  certain privileges normally afforded members of the general inmate population.
				  It does not consist of total separation from the general population and does
				  not constitute disciplinary segregation
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-002 - Department Policy

Current through June 17, 2024
The Department provides mental health treatment, substance
				  abuse programming, self-betterment programs, rehabilitation opportunities,
				  health services, educational and employment programs for
				  inmates.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-003 - Inmate Assignment

Current through June 17, 2024
Female inmates shall be received at and assigned to the
				  Nebraska Correctional Center for Women until discharged or granted parole or
				  Community Custody status. Male inmates shall be received at the Diagnostic and
				  Evaluation Center, from which they shall be assigned to another
				  facility.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-004 - Programming

Current through June 17, 2024
The Department shall make programming available to all
				  inmates in the general populations of the long-term residence facilities. The
				  programming available to an inmate depends upon his or her assigned
				  institution, personalized plan, and documented needs and
				  deficits.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-007 - Religious Practices

Current through June 17, 2024
All inmates in the Department's facilities shall have an
				  opportunity to practice the religion of their choice, consistent with the
				  security needs of the institution. Participation in congregate religious
				  services may be limited to inmates in general population.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-008 - Inmate Rights

Current through June 17, 2024
Inmates retain their rights unless a particular right
				  interferes with the safety, security, or good order of the correctional
				  institution or the correctional goals of rehabilitation.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 7 - REHABILITATION OPPORTUNITIES › Section 68-7-010 - Furloughs for Inmates

Current through June 17, 2024
A furlough is an unsupervised release from the physical
				  custody of the Department that must be approved by the Director of the
				  Department and the Board of Parole.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 8 - CHANGES IN RULES AND REGULATIONS › Section 68-8-002 - Proposed Changes in Department Rules by Petition

Current through June 17, 2024
002.01 Any person
				may petition the Director in writing requesting the promulgation of a new rule,
				or amendment, or repeal of any current Department rule.
002.02 A petition to adopt, amend or repeal a
				rule shall be in writing. It shall be sent to the Director of the Department of
				Correctional Services by U.S. Mail. The Director or his or her designee shall
				consider the matter in the petition and respond in writing within 60
				days.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 8 - CHANGES IN RULES AND REGULATIONS › Section 68-8-003

Current through June 17, 2024
In addition to the rules and regulations promulgated under
				  84-901 et seq, the Director of the Department of Correctional Services may
				  adopt policies and procedures concerning the internal management of the
				  Department.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 9 - INMATE ACCOUNTING › Section 68-9-002 - Checks or Money Orders

Current through June 17, 2024
Checks or money orders mailed to an inmate must be made
				  payable to the inmate using his/her committed name and inmate number. The
				  sender's first and last name and mailing address must be on the check or money
				  order or on the envelope used to mail the check or money order.
002.01 The sender's complete mailing address
				includes the sender's post office box or street address, city and
				state.
002.02 If the sender's first
				and last name and complete mailing address are not on the check or money order
				or the envelope used to send the check or money order, the money will be placed
				in the inmate's confiscated account.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 9 - INMATE ACCOUNTING › Section 68-9-003 - Electronic Transfers

Current through June 17, 2024
The following rules apply to electronic transfers of money
				  to an inmate when the Department has an authorized service provider. These
				  rules do not require the Department to enter into agreements with service
				  providers to make this service available.
003.01 Inmates at work release centers may
				have paychecks directly deposited into their account if their employer requires
				direct deposit of paychecks.
003.02
				Funds can be electronically transferred to an inmate through authorized service
				provider(s) designated by the Department.
003.02A The sender's complete name and
				address must be identified.
003.02B
				If the sender's complete name and address are not provided, an authorized
				service provider will not transfer funds to an inmate.
003.02C Inmates will not endorse electronic
				fund transfers. Therefore an inmate cannot refuse funds sent to him/her by an
				electronic fund transfer.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 9 - INMATE ACCOUNTING › Section 68-9-004 - Inmate Institutional Accounts

Current through June 17, 2024
Checks, money orders or electronic funds transfers (if
				  authorized by the Department) that comply with these rules and do not violate
				  any other Department of Correctional Services rules, regulations or policies
				  will be deposited in the inmate's institutional account.
004.01 Non-wage funds deposited in an
				inmate's institutional account can be used only for purposes authorized by
				state law.
004.02 Funds in an
				inmate's institutional account will be handled in a manner consistent with the
				statutes governing inmate wages.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 9 - INMATE ACCOUNTING › Section 68-9-005 - Inmate Confiscated Accounts

Current through June 17, 2024
Checks, money orders or electronic funds transfers that do
				  not comply with these rules or that violate any other Department of
				  Correctional Services' rules, regulations or policies will be deposited in the
				  inmate's confiscated account. The inmate will not have access to the money in
				  his/her confiscated account until the inmate's release.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 9 - INMATE ACCOUNTING › Section 68-9-006 - Limitations on Senders

Current through June 17, 2024
Inmates may not receive funds from another inmate, an
				  immediate family member of another inmate (unless the family member is related
				  to both inmates), a volunteer, or a person sending money at the request of
				  another inmate.
006.01 Funds received
				from an unauthorized sender will be placed in the inmate's confiscated
				account.
006.02 "Immediate family
				member" includes a spouse, parent, step-parent, person acting in the place of a
				parent as documented in the institution file, sibling, stepbrother,
				step-sister, half-brother, half-sister, child, step-child, grandparent,
				step-grand parent, grandchild, step-grandchild.
[Below to be printed on Inside back cover of rule
				  book]
General Statutory Authority
:
Neb. Rev. Stat. §§ 83-4, 114.01 and 83-1,107 to
					 83-1,109.
§§
											83-173
					 and 83-4, 109
§§
											83-171,
					 83-173,
					 83-183,
§§ 83-4, 111 through 83-4, 122.
§§ 83-4, 135.
§§
											83-4,135
					 through
					 83-4,139
§§
											83-176,
					 83,178, 83-183 and 83-4,109 and 83-4,123
42
					 U.S.C. §
												1997 e.
Legal Citations:
Wolff v. McDonnell, 418 U.S. 539 (1974).
Turner v. Safley, 482 U.S. 78 (1987).
Sandin v. Conner, 115 S.Ct. 2293
					 (1995).
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 10 - PETITION FOR DECLARATORY ORDER › Section 68-10-001 - Definitions

Current through June 17, 2024
As used in this chapter:
001.01 Agency shall mean the Nebraska
				Department of Correctional Services (NDCS).
001.02 Agency director shall mean the
				Nebraska Department of Correctional Services Director.
001.03 Argument shall mean the oral statement
				of the petitioner or any other party which explains his or her view of the
				facts and issue to be decided, the law applicable to the question presented,
				and the reasoning that connects the facts and law.
001.04 Contested case shall mean a proceeding
				before the agency in which the legal rights, duties, or privileges of specific
				parties are required by law or constitutional right to be determined after
				hearing before the agency.
001.05
				Declaratory order proceeding shall mean a proceeding initiated by a petitioner
				seeking issuance of a binding order by the agency as to the applicability of
				specified circumstances to a statute, rule, regulation, or order within the
				primary jurisdiction of the agency.
001.06 Hearing officer shall mean the person
				or persons conducting a declaratory order proceeding pursuant to the
				Administrative Procedure Act, whether designated as the presiding officer,
				administrative law judge, or some other title.
001.07 Intervenor(s) shall mean persons,
				political subdivisions, corporations, organizations, or other entities who have
				or claim to have any interest, legal right, duty, privilege, or immunity, which
				would be directly affected by the agency's issuance of a binding declaratory
				order.
001.08 Necessary party shall
				mean a person who or an entity which has a specific interest in the
				applicability of the statute, rule, regulation, or order, as distinguished from
				a general interest such as may be the concern of the public at large. A
				necessary party is one which is or would be adversely affected in a legally
				cognizable way by the uncertainty sought to be resolved.
001.09 Parties shall mean persons, political
				subdivisions, corporations, organizations, or other entities subject to the
				jurisdiction of the agency who are involved in a declaratory order proceeding
				according to the procedures set forth in this chapter.
001.10 Petition shall mean the document filed
				in accordance with this chapter to initiate a declaratory order
				proceeding.
001.11 Petitioner(s)
				shall mean a party or parties who have filed a petition with the agency seeking
				issuance of a declaratory order.
001.12 Pleading shall mean any written
				petition, answer, or motion used in any declaratory order proceeding before the
				agency as set forth in this chapter.