Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 680, § 32.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2243 Probation officers; performance metrics.
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The office shall establish performance metrics for probation officers. Such metrics should measure efficacy in providing rehabilitative and reentry services to probationers. Such metrics should: (1) Reflect a balanced approach that considers both compliance and enforcement measur…
Neb. Rev. Stat. § 29-2244 Assistant probation officers; pilot program; purpose; report.
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(1) The probation administrator shall create a pilot program to hire additional assistant probation officers as provided in this section. (2) The pilot program shall be limited to a single probation district. (3) Assistant probation officers hired under this section shall assist …
Neb. Rev. Stat. § 29-2245 Probationer incentive program; pilot program; report.
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(1) The probation administrator shall create a pilot program to establish a probationer incentive program as provided in this section. (2) The pilot program shall be limited to a single probation district. Such district shall be chosen by the State Court Administrator. (3) The pi…
Neb. Rev. Stat. § 29-2246 Terms, defined.
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For purposes of the Nebraska Probation Administration Act, unless the context otherwise requires: (1) Association means the Nebraska District Court Judges Association; (2) Court means a district court, county court, or juvenile court as defined in section 43-245; (3) Office means…
Neb. Rev. Stat. § 29-2247 Nebraska District Court Judges Association; created; duties.
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The Nebraska District Court Judges Association is hereby created which shall consist of all the active judges of the district courts of this state and their successors in office. The association shall: (1) Meet at least once during each calendar year; (2) Select from its membersh…
Neb. Rev. Stat. § 29-2248 Association; duties.
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The association shall: (1) Encourage development and implementation of uniform criteria for sentencing criminals; (2) Participate in planning and presenting institutes and seminars for all judges in this state who sentence criminals or juveniles to discuss problems related to sen…
Neb. Rev. Stat. § 29-2249 Office of Probation Administration; created; personnel.
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The Office of Probation Administration is hereby created within the judicial branch of government and directly responsible to the Supreme Court. The office shall consist of the probation administrator, the Nebraska Probation System, and such other employees as may be necessary to…
Repealed. Laws 1986, LB 529, § 58.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 529, § 58.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 529, § 58.
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[Repealed or reserved.]
Transferred employees; benefits.
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Accrued leave and benefits for separate juvenile court probation employees and municipal court employees who have become state employees pursuant to law shall be subject to this section. (1) The city or county shall transfer all accrued sick leave of such employees up to the maxi…
Neb. Rev. Stat. § 29-2250 Office of Probation Administration; duties.
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The office shall: (1) Supervise and administer the system; (2) Establish probation policies and standards for the system, with the concurrence of the Supreme Court; and (3) Supervise offenders placed on probation in another state who are within the state pursuant to the Interstat…
Neb. Rev. Stat. § 29-2251 Probation administrator; appointment; qualifications.
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The Supreme Court shall appoint a probation administrator who shall be a person with appropriate experience in the field of probation or with training in relevant disciplines at a recognized college or university and who shall serve at the pleasure of the Supreme Court.
Neb. Rev. Stat. § 29-2252 Probation administrator; duties.
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The administrator shall: (1) Supervise and administer the office; (2) Establish and maintain policies, standards, and procedures for the system, with the concurrence of the Supreme Court; (3) Prescribe and furnish such forms for records and reports for the system as shall be deem…
Neb. Rev. Stat. § 29-2252.01 Probation administrator; report required.
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On January 15 and July 15 of each fiscal year, the administrator shall provide a report to the budget division of the Department of Administrative Services, the Legislative Fiscal Analyst, and the Supreme Court which shall include, but not be limited to: (1) The total number of f…
Neb. Rev. Stat. § 29-2253 Probation administrator; probation districts; employees; appointment; principal office.
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(1) The administrator, with the concurrence of the Supreme Court, shall divide the state into probation districts and may from time to time alter the boundaries of such districts in order to maintain the most economical, efficient, and effective utilization of the system. (2) The…
Neb. Rev. Stat. § 29-2254 Interstate Compact for Adult Offender Supervision; administrators; duties.
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The compact administrator appointed pursuant to the Interstate Compact for Adult Offender Supervision shall delegate to the probation administrator authority and responsibility for: (1) Implementation and administration of the compact as it affects probationers; and (2) Supervisi…
Neb. Rev. Stat. § 29-2255 Interlocal agreement; costs; requirements.
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Any interlocal agreement authorized by subdivision (16) of section 29-2252 shall require the political subdivision party to the agreement to provide sufficient resources to cover all costs associated with the participation of probation personnel or use of probation resources othe…
Repealed. Laws 1986, LB 529, § 58.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 639, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2256 Volunteers; use of.
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Nothing in the Nebraska Probation Administration Act shall be construed to prohibit any court or probation office from utilizing volunteers from the community for probation supervision. The volunteer program shall be supervised by a full-time probation officer who meets the minim…
Neb. Rev. Stat. § 29-2257 Nebraska Probation System; established; duties; salary equalization.
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The Nebraska Probation System is established which shall consist of the probation administrator, chief probation officers, probation officers, and support staff. The system shall be responsible for juvenile intake services, for preadjudication juvenile supervision services under …
Neb. Rev. Stat. § 29-2258 District probation officer; duties; powers.
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A district probation officer shall: (1) Conduct juvenile intake interviews and investigations in accordance with sections 43-253 and 43-260.01 and supervise delivery of preadjudication juvenile services under subdivision (1)(f) of section 43-254; (2) Make presentence and other in…
Neb. Rev. Stat. § 29-2259 Probation administrator; office; salaries; expenses; office space; prepare budget; interpreter services.
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(1) The salaries and expenses incident to the conduct and maintenance of the office shall be paid by the state. Other expenses shall be paid by the state as provided in sections 81-1174 to 81-1177. (2) The salaries and travel expenses of the probation service shall be paid by the…
Neb. Rev. Stat. § 29-2259.01 Probation Cash Fund; created; use; investment.
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(1) There is hereby created the Probation Cash Fund. All money collected pursuant to subdivisions (2)(m) and (2)(o) of section 29-2262 shall be remitted to the State Treasurer for credit to the fund. (2) Expenditures from the money in the fund collected pursuant to subdivisions (…
Neb. Rev. Stat. § 29-2259.02 State Probation Contractual Services Cash Fund; created; use; investment.
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The State Probation Contractual Services Cash Fund is created. The fund shall consist only of payments received by the state pursuant to contractual agreements with local political subdivisions for probation services provided by the Office of Probation Administration. Except as o…
Neb. Rev. Stat. § 29-2260 Certain juveniles; disposition; certain offenders; sentence of probation, when.
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(1) Whenever a person is adjudicated to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247, his or her disposition shall be governed by the Nebraska Juvenile Code. (2) Whenever a court considers sentence for an offender convicted of either a misdemeanor or …
Neb. Rev. Stat. § 29-2260.01 Juvenile intake services; duties; intent.
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It is the intent of the Legislature to ensure that a consistent and objective method of juvenile intake occur throughout the state for juveniles held in temporary custody by a law enforcement officer, in accordance with section 43-250, to avoid either inappropriate or unnecessary…
Neb. Rev. Stat. § 29-2260.02 Department of Health and Human Services; administer Title IV-E state plan; Office of Probation Administration; powers and duties.
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The Department of Health and Human Services, as the single state agency administering the Title IV-E state plan, has the authority to enter into the agreement with the Office of Probation Administration to act as a surrogate of the Department of Health and Human Services to admin…
Neb. Rev. Stat. § 29-2261 Presentence investigation, when; contents; psychiatric examination; persons having access to records; reports authorized.
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(1) Unless it is impractical to do so, when an offender has been convicted of a felony other than murder in the first degree, the court shall not impose sentence without first ordering a presentence investigation of the offender and according due consideration to a written report…
Neb. Rev. Stat. § 29-2262 Probation; conditions; court order; information accessible through criminal justice information system.
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(1) When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life. No offender shall be sentenced to probation if he or she is deemed to be a habitual criminal p…
Repealed. Laws 2009, LB 63, § 50.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2262.02 Intensive supervision probation programs; legislative findings and intent.
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The Legislature finds and declares that intensive supervision probation programs are an effective and desirable alternative to imprisonment. It is the Legislature's intent to encourage the establishment of programs for the intensive supervision of selected probationers. It is fur…
Neb. Rev. Stat. § 29-2262.03 Court; order of intensive supervision probation; when; laws applicable.
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(1) Whenever the court considers the sentence for an offender convicted of any crime for which a term of imprisonment of six months or more is possible and mandatory minimum imprisonment is not specifically required, the court may withhold the sentence of imprisonment and sentenc…
Neb. Rev. Stat. § 29-2262.04 Intensive supervision probation programs; contents; supervision required; electronic device or system; cost.
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Selected offenders in intensive supervision probation programs shall receive the highest level of supervision that is provided to probationers. Such programs may include, but shall not be limited to, highly restricted activities, daily contact between the offender and the probati…
Neb. Rev. Stat. § 29-2262.05 Intensive supervision probation programs; Supreme Court; duties.
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The Supreme Court shall establish and enforce the standards and criteria for the administration of the intensive supervision probation programs.
Neb. Rev. Stat. § 29-2262.06 Fees; waiver; when; failure to pay; effect.
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(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a one-time administrative enrollment fee and thereafter a monthly probation programming fee. (2) Pa…
Neb. Rev. Stat. § 29-2262.07 Probation Program Cash Fund; created; use; investment.
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The Probation Program Cash Fund is created. All funds collected pursuant to section 29-2262.06 shall be remitted to the State Treasurer for credit to the fund. Except as otherwise directed by the Supreme Court during the period from November 21, 2009, until June 30, 2013, the fun…
Transferred to section 43-286.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2263 Probation; term; court; duties; powers; post-release supervision; term; probation obligation satisfied, when; probation officer; duties; probationer outside of jurisdiction without permission; effect.
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(1)(a) Except as provided in subsection (2) of this section, when a court has sentenced an offender to probation, the court shall specify the term of such probation which shall be not more than five years upon conviction of a felony or second offense misdemeanor and two years upo…
Neb. Rev. Stat. § 29-2264 Probation; completion; conviction may be set aside; conditions; retroactive effect.
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(1) Whenever any person is placed on probation by a court and satisfactorily completes the conditions of his or her probation for the entire period or is discharged from probation prior to the termination of the period of probation, the sentencing court shall issue an order relea…
Neb. Rev. Stat. § 29-2265 Probation; transfer or retention of jurisdiction over probationer; determination; effect.
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(1) Whenever an offender is placed on probation and will reside in a location outside the jurisdiction of the sentencing court, the sentencing court may: (a) Retain jurisdiction over the probationer and the subject matter of the action; or (b) Transfer jurisdiction over the proba…
Neb. Rev. Stat. § 29-2266 Probation; terms, defined.
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For purposes of sections 29-2266.01 to 29-2266.03: (1) Absconding supervision means a probationer has purposely avoided supervision for a period of at least two weeks and reasonable efforts by probation officers and staff to locate the probationer in person have proven unsuccessf…
Neb. Rev. Stat. § 29-2266.01 Probation officer; probationer sentenced for misdemeanor; violations of condition of probation; duties; arrest and detention; county attorney; duties.
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(1) Whenever a probation officer has reasonable cause to believe that a probationer sentenced for a misdemeanor has committed or is about to commit a violation of a condition of probation, the probation officer shall either: (a) Impose one or more administrative sanctions with th…
Neb. Rev. Stat. § 29-2266.02 Probation officer; probationer sentenced for felony; violations of condition of probation; duties; arrest and detention; county attorney; duties.
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(1) Whenever a probation officer has reasonable cause to believe that a probationer sentenced for a felony has committed or is about to commit a violation while on probation, the probation officer shall consider: (a) Whether the probation officer is required to arrest the probati…