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743 sections in this chapter.
Neb. Rev. Stat. § 29-2272 Individuals less than nineteen years of age; readmission to school; school officials; duties; court review; expulsion; screening for disabilities.
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(1) If the individual chooses to meet the requirements of section 29-2270 by attending a public school and the individual has previously been expelled from school, prior to the readmission of the individual to the school, school officials shall meet with the individual's probatio…
Neb. Rev. Stat. § 29-2273 Individuals less than nineteen years of age; establishment of programs; authorized.
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The school district and the district court, county court, or juvenile court may establish education, counseling, or other programs to improve the behavior and educational performance of individuals covered by section 29-2270.
Neb. Rev. Stat. § 29-2274 Post-release supervision; report; contents.
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(1) Beginning October 1, 2024, the Office of Probation Administration shall electronically submit a quarterly report to the Judiciary Committee of the Legislature and the Appropriations Committee of the Legislature regarding individuals serving sentences of post-release supervisi…
Neb. Rev. Stat. § 29-2277 Terms, defined.
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As used in sections 29-2277 to 29-2279, unless the context otherwise requires: (1) Agency means any public or governmental unit, institution, division, or agency or any private nonprofit organization which provides services intended to enhance the social welfare or general well-b…
Neb. Rev. Stat. § 29-2278 Community service; sentencing; when; failure to perform; effect; exception to eligibility.
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An offender may be sentenced to community service (1) as an alternative to a fine, incarceration, or supervised probation, or in lieu of incarceration if he or she fails to pay a fine as ordered, except when the violation of a misdemeanor or felony requires mandatory incarceratio…
Neb. Rev. Stat. § 29-2279 Community service; length.
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The length of a community service sentence shall be as follows: (1) Pursuant to section 29-2206, 29-2208, or 29-2412, for an infraction, not less than four nor more than twenty hours; (2) For a violation of a city ordinance that is an infraction and not pursuant to section 29-220…
Neb. Rev. Stat. § 29-2280 Restitution; order; when.
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A sentencing court may order the defendant to make restitution for the actual physical injury or property damage or loss sustained by the victim as a direct result of the offense for which the defendant has been convicted. With the consent of the parties, the court may order rest…
Neb. Rev. Stat. § 29-2281 Restitution; determination of amount; fines and costs; manner and priority of payment.
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(1) To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court s…
Neb. Rev. Stat. § 29-2282 Property damage; bodily injury; death; relief authorized.
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In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendan…
Neb. Rev. Stat. § 29-2283 Collateral payment; effect; setoff.
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The court shall not impose restitution for a loss for which the victim has received compensation, except that the court may order payment by the defendant to any person who has compensated the victim to the extent that such compensation has been provided. Any amount paid to a vic…
Neb. Rev. Stat. § 29-2284 Probation or parole; revocation; conditions.
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If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the restitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall cons…
Neb. Rev. Stat. § 29-2285 Restitution; petition to adjust; procedures.
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A defendant, victim, or the personal representative of the victim's estate may petition the sentencing court to adjust or otherwise waive payment or performance of any ordered restitution or any unpaid or unperformed portion thereof. The court may schedule a hearing and give the …
Neb. Rev. Stat. § 29-2286 Restitution; enforcement; by whom.
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An order of restitution may be enforced by a victim named in the order to receive the restitution or the personal representative of the victim's estate in the same manner as a judgment in a civil action. If the victim is deceased and no claim is filed by the personal representati…
Neb. Rev. Stat. § 29-2287 Restitution; effect on civil action.
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(1) Sections 29-2280 to 29-2289 shall not limit or impair the right of a victim to sue and recover damages from the defendant in a civil action. (2) The findings in the sentencing hearing and the fact that restitution was required or paid shall not be admissible as evidence in a …
Neb. Rev. Stat. § 29-2288 Restitution; imposed on organization; persons liable to pay; failure; effect.
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If restitution is imposed on an organization, it shall be the duty of any person authorized to order the disbursement of assets of the organization, and his or her superiors, to pay the restitution from assets of the organization under his or her control. Failure to do so shall r…
Neb. Rev. Stat. § 29-2289 Victim's Compensation Fund; subrogation; subordination.
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(1) Whenever a victim is paid by the Victim's Compensation Fund for loss arising out of a criminal act, the fund shall be subrogated to the rights of the victim to any restitution ordered by the court. (2) The rights of the Victim's Compensation Fund shall be subordinate to the c…
Neb. Rev. Stat. § 29-2290 Test, counseling, and reports; when required; Department of Correctional Services; Department of Health and Human Services; duties; cost; appeal; effect.
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(1) Notwithstanding any other provision of law, when a person has been convicted of sexual assault pursuant to sections 28-317 to 28-320, sexual assault of a child in the second or third degree pursuant to section 28-320.01, sexual assault of a child in the first degree pursuant …
Neb. Rev. Stat. § 29-2291 Misdemeanor domestic violence conviction; notification to defendant; State Court Administrator's Office; duty.
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(1) When sentencing a person convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), as such section existed on July 18, 2008, the court shall provide written or oral notification to the defendant that it may be a violation of federal law for the…
Neb. Rev. Stat. § 29-2292 Deferral of entry of judgment of conviction; defendant placed on probation; conditions; factors; new sentence; when.
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(1) Upon a finding of guilt for which a judgment of conviction may be rendered, a defendant may request the court defer the entry of judgment of conviction. Upon such request and after giving the prosecutor and defendant the opportunity to be heard, the court may defer the entry …
Neb. Rev. Stat. § 29-2293 Court order; fees.
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Upon entry of a deferred judgment pursuant to section 29-2292 or 29-4803, the court shall order the defendant to pay all administrative and programming fees authorized under section 29-2262.06, unless waived under such section. The defendant shall pay any such fees to the clerk o…
Neb. Rev. Stat. § 29-2294 Final order.
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An entry of deferred judgment pursuant to section 29-2292 or 29-4803 is a final order as defined in section 25-1902.
Neb. Rev. Stat. § 29-2301 Appeal; notice; effect.
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When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined. The trial court, in its discretion…
Neb. Rev. Stat. § 29-2302 Misdemeanor cases; appeal; recognizance.
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The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in a…
Neb. Rev. Stat. § 29-2303 Felony cases; appeal; custody of person convicted; escape; procedures.
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Whenever a person shall be convicted of a felony, and the judgment shall be suspended as a result of the notice of appeal, it shall be the duty of the court to order the person so convicted into the custody of the sheriff, to be imprisoned until the appeal is disposed of, or such…
Neb. Rev. Stat. § 29-2305 Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated.
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If the appeal in such case is dismissed or the conviction is affirmed on hearing, such judgment shall be executed by the court by which it was rendered on receipt of the mandate of the appellate court. A defendant who was not admitted to bail during the time the appeal was pendin…
Neb. Rev. Stat. § 29-2306 Criminal case; docket fee; when paid by county; in forma pauperis; costs.
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If a defendant in a criminal case files, within thirty days after the entry of the judgment, order, or sentence, an application to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310 with the clerk of the district court, then no payment of the docket fee shal…
Neb. Rev. Stat. § 29-2308 Reduction of sentence; conditions; appellate court; powers.
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(1) In all criminal cases that now are or may hereafter be pending in the Court of Appeals or Supreme Court, the appellate court may reduce the sentence rendered by the district court against the accused when in its opinion the sentence is excessive, and it shall be the duty of t…
Neb. Rev. Stat. § 29-2315 Prosecuting attorney, defined.
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For purposes of sections 29-2315.01 to 29-2325, prosecuting attorney means a county attorney, city attorney, or designated attorney.
Neb. Rev. Stat. § 29-2315.01 Appeal by prosecuting attorney; application; procedure.
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The prosecuting attorney may take exception to any ruling or decision of the court made during the prosecution of a cause by presenting to the trial court the application for leave to file an appeal with reference to the rulings or decisions of which complaint is made. Such appli…
Neb. Rev. Stat. § 29-2315.02 Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
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If the application is granted in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case …
Neb. Rev. Stat. § 29-2316 Error proceedings by prosecuting attorney; decision on appeal; effect.
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The judgment of the court in any action taken pursuant to section 29-2315.01 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the appellate court shall determine the law t…
Neb. Rev. Stat. § 29-2317 Notice of intent to appeal to district court; procedure.
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(1) A prosecuting attorney may take exception to any ruling or decision of the county court made during the prosecution of a cause by presenting to the court a notice of intent to take an appeal to the district court with reference to the rulings or decisions of which complaint i…
Neb. Rev. Stat. § 29-2318 Appeal of ruling or decision; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
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When a notice is filed in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against…
Neb. Rev. Stat. § 29-2319 Exception proceedings by prosecuting attorney; decision of district court; effect.
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(1) The judgment of the court in any action taken under the provisions of sections 29-2317 and 29-2318 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the district court …
Neb. Rev. Stat. § 29-2320 Appeal of sentence by prosecuting attorney or Attorney General; when authorized.
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Whenever a defendant is found guilty of a felony following a trial or the entry of a plea of guilty or tendering a plea of nolo contendere, the prosecuting attorney charged with the prosecution of such defendant or the Attorney General may appeal the sentence imposed if there is …
Neb. Rev. Stat. § 29-2321 Appeal of sentence by prosecuting attorney or Attorney General; procedure.
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(1) Appeals under sections 29-2320 to 29-2325 shall be taken, by either the Attorney General or the prosecuting attorney, as follows: (a) If the appeal is filed by the Attorney General, a notice of appeal shall be filed in the district court within twenty days after imposition of…
Neb. Rev. Stat. § 29-2322 Appeal of sentence by prosecutor; review; considerations.
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If the appeal has been properly filed, as set forth in section 29-2321, the appellate court, upon a review of the record, shall determine whether the sentence imposed is excessively lenient, having regard for: (1) The nature and circumstances of the offense; (2) The history and c…
Neb. Rev. Stat. § 29-2323 Appeal of sentence by prosecutor; sentencing alternatives.
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Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall: (1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and: (a) Remand the case for imposition of a greater sentence; (b) Remand the case for furth…
Neb. Rev. Stat. § 29-2324 Appeal of sentence by prosecutor; credit for time served.
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If a more severe sentence is imposed by the appellate court or on remand, any time served on the sentence appealed from shall be deemed to have been served on the new sentence imposed under subdivision (1) of section 29-2323.
Neb. Rev. Stat. § 29-2325 Appeal of sentence by prosecutor; defendant's right to appeal not affected.
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Nothing contained in sections 29-2320 to 29-2325 shall affect the right of the defendant to appeal the conviction and sentence, as otherwise provided by law.
Neb. Rev. Stat. § 29-2326 Appeal; no oral argument; when.
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There shall be no oral argument in an appeal to the district court in any criminal case where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.
Neb. Rev. Stat. § 29-2327 District court; Court of Appeals; Supreme Court; remit assessment.
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In every case of appeal of a conviction of any person for any felony or misdemeanor to the district court, Court of Appeals, or Supreme Court that is affirmed, the court shall remit the assessment as provided in section 33-157.
Neb. Rev. Stat. § 29-2401 Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services.
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Every person sentenced to the Department of Correctional Services shall, within thirty days, and as early as practicable after his sentence, unless the execution thereof be suspended, be conveyed to the facility designated by the Director of Correctional Services by the sheriff o…
Neb. Rev. Stat. § 29-2402 Delivery of prisoner to Department of Correctional Services; powers and duties of sheriff.
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The sheriffs of the several counties of this state, during the time they shall be employed in conveying to the Department of Correctional Services any person sentenced to the custody thereof, shall have the same power and authority to secure him in any jail within the state, and …
Neb. Rev. Stat. § 29-2403 Person sentenced to county jail; commitment procedure.
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When any person convicted of an offense is sentenced to imprisonment in the county jail, the court or magistrate shall order the defendant into the custody of the sheriff or other proper officer and shall issue to such officer a warrant of commitment. The officer shall deliver th…
Neb. Rev. Stat. § 29-2404 Misdemeanor cases; fines and costs; judgment; levy; commitment.
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In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any…
Neb. Rev. Stat. § 29-2406 Sentence to cell; execution when no cell in jail.
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Where any jail, in any county in this state, shall not have a cell or dungeon therein, then, and in that case, when the court shall sentence any person or persons to imprisonment in the cell of any jail, under the provisions of this code, the person or persons so sentenced shall …
Neb. Rev. Stat. § 29-2407 Judgments for fines, costs, and forfeited recognizances; lien; exemptions; duration.
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Judgments for fines and costs in criminal cases shall be a lien upon all the property of the defendant within the county from the time of filing the case by the clerk of the proper court, and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. …
Neb. Rev. Stat. § 29-2408 Judgments for fines, costs, and forfeited recognizances; execution.
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It shall be the duty of the clerk of the district court to issue execution for every judgment rendered during the term, for fines and forfeited recognizance, and for the costs in such cases, which remain unpaid and unreplevied; and upon like condition each magistrate shall issue …
Neb. Rev. Stat. § 29-2409 Replevy of fine and costs; recognizance; breach; effect.
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It shall be lawful for any person or persons convicted of any criminal offense to replevy the judgment for the fine and costs, or the costs only when no fine shall be imposed, by such convicted person or persons, with one or more good and sufficient freeholders, entering into a r…