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743 sections in this chapter.
Neb. Rev. Stat. § 29-2810 Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.
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If any person of this state shall be committed to prison, or be in custody of any officer for any criminal matter, such prisoner shall not be removed therefrom into the custody of any other officer, unless by legal process, or when the prisoner shall be delivered to some inferior…
Neb. Rev. Stat. § 29-2811 Accessories before the fact in capital cases; not bailable.
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When any person shall appear to be committed by any judge or magistrate, and charged as accessory before the fact to any felony, the punishment whereof is capital, which felony shall be plainly and especially charged in the warrant of commitment, such person shall not be removed …
Neb. Rev. Stat. § 29-2812 Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.
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No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declare…
Neb. Rev. Stat. § 29-2813 False imprisonment; penalties; action for; limitation.
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The penalties recoverable pursuant to sections 29-2801 to 29-2824 shall be recovered by the party aggrieved, his or her executors or administrators, by civil action in any court having cognizance of the same; Provided, no person shall be sued or molested for any offense against t…
Neb. Rev. Stat. § 29-2814 Warrant or commitment; defects; when harmless.
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If any person shall be committed to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or commitment of any magistrate of this state having jurisdiction of such criminal matter, such person shall not be discharged from such imprisonment or c…
Neb. Rev. Stat. § 29-2815 Applicant in custody of person not an officer; form of writ.
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In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following: The State o…
Neb. Rev. Stat. § 29-2816 Writ; service and return.
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Such writ may be served in any county by any sheriff of the same or of any other county. When such writ shall be issued by a court in session, if such court shall have adjourned when the same is returned, it shall be returned before any judge of the same court, and if such writ i…
Neb. Rev. Stat. § 29-2817 Writ; return by person detaining; contents.
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In every case in which a writ of habeas corpus has been allowed, the person to whom the writ is directed shall file a return in which he shall plainly and unequivocally state the following: (1) Whether he has or has not the party in his custody or power, or under restraint; (2) i…
Neb. Rev. Stat. § 29-2818 Writ; return by person detaining; signature and verification.
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The return or statement shall be signed by the person making it, and it shall be sworn to by him, unless he is a public officer and makes the return in his official capacity.
Neb. Rev. Stat. § 29-2819 Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs.
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Upon the return of any writ of habeas corpus, issued as aforesaid, if it shall appear that the person detained or imprisoned is in custody under any warrant or commitment in pursuance of law, the return shall be considered as prima facie evidence of the cause of detention; but if…
Neb. Rev. Stat. § 29-2820 Writ; person detaining; how designated.
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The person having the custody of the prisoner may, in all writs of habeas corpus issued under sections 29-2801 to 29-2824, be designated by his name of office, if he has any, or by his own name; or if both such names are unknown or uncertain, he may be described by an assumed app…
Neb. Rev. Stat. § 29-2821 Writ; person detained; how designated.
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The person to be produced shall be designated by his name, if known, and if that is unknown or uncertain, he may be described in any other way so as to make known who is intended.
Neb. Rev. Stat. § 29-2822 Writ; order for safekeeping of person detained.
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When any writ of habeas corpus shall have been allowed, the court or judge to which the same shall be returned, or into which it shall be adjourned, shall, for good cause shown, continue the cause and shall make order for the safekeeping of the person imprisoned, or detain him, a…
Neb. Rev. Stat. § 29-2823 Habeas corpus proceedings; review; procedure; bail pending appeal.
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The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases. If the state shall appeal from a final order of a district court made upon the return of a writ of habeas corpu…
Neb. Rev. Stat. § 29-2824 Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable.
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The county judge shall be allowed the sum of five dollars for every allowance of the writ of habeas corpus and the hearing and determining of the case upon the return of the writ, which sum, together with the fees of the clerk, sheriff, and witnesses in the case, shall be taxed b…
Neb. Rev. Stat. § 29-2922 Act, how cited.
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Sections 29-2922 to 29-2936 shall be known and may be cited as the Convicted Sex Offender Act.
Neb. Rev. Stat. § 29-2923 Terms, defined.
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For purposes of the Convicted Sex Offender Act: (1) Aftercare treatment program shall mean any public or private facility or service which offers treatment on an outpatient basis or in a minimally restricted setting, which treatment is appropriate for a convicted sex offender aft…
Neb. Rev. Stat. § 29-2924 Sentences authorized.
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Nothing in the Convicted Sex Offender Act shall be construed to prohibit a court from sentencing a person convicted of a crime identified in subdivision (2) of section 29-2923 to probation or community service or imposing any other sentence or condition allowed by law.
Neb. Rev. Stat. § 29-2925 Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender.
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Within sixty days of the date of commitment to the Department of Correctional Services of a convicted sex offender to serve his or her sentence, the Department of Health and Human Services shall conduct an evaluation of the offender for purposes of determining whether treatment i…
Neb. Rev. Stat. § 29-2926 Determination that treatment is not appropriate; review; procedure; no appeal.
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(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may request the sentencing judge to review the determination in accordance with …
Neb. Rev. Stat. § 29-2928 Treatment in inpatient treatment program; determination; procedure; departments; duties.
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(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the Department of Health and Human Services is appropriate for a convicted sex offender, that the offender will enter the treatment program voluntarily, and …
Neb. Rev. Stat. § 29-2929 Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment.
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(1) The inpatient treatment program operated by the Department of Health and Human Services shall conduct annual reviews of each convicted sex offender in the program and submit annual progress reports to the Department of Correctional Services. (2) If the offender is uncooperati…
Neb. Rev. Stat. § 29-2930 Inpatient treatment program; aftercare treatment program; individual discharge plan.
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If the Department of Health and Human Services determines that the convicted sex offender has received the maximum benefit of the inpatient treatment program operated by the Department of Health and Human Services and is ready for treatment in an aftercare treatment program, the …
Neb. Rev. Stat. § 29-2934 Person committed under prior law; procedures.
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(1) Each person committed as a mentally disordered sex offender pursuant to sections 29-2911 to 29-2921 as such sections existed prior to July 15, 1992, who is being treated in a regional center or other secure public institution operated by the Department of Health and Human Ser…
Neb. Rev. Stat. § 29-2935 Department of Health and Human Services; access to data and information for evaluation; authorized.
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For purposes of evaluating the treatment process, the Department of Correctional Services, the Board of Parole, and the designated aftercare treatment programs shall allow appropriate access to data and information as requested by the Department of Health and Human Services.
Neb. Rev. Stat. § 29-2936 Rules and regulations.
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The Department of Health and Human Services shall adopt and promulgate rules and regulations as necessary to carry out the Convicted Sex Offender Act.
Neb. Rev. Stat. § 29-3001 Postconviction relief; motion; limitation; procedure; costs.
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(1) A prisoner in custody under sentence and claiming a right to be released on the ground that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable under the Constitution of this state or the Constitution of the United …
Neb. Rev. Stat. § 29-3002 Postconviction relief; order; appeal; recognizance.
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An order sustaining or overruling a motion filed under sections 29-3001 to 29-3004 shall be deemed to be a final judgment, and an appeal may be taken from the district court as provided for in appeals in civil cases. A prisoner may, in the discretion of the appellate court and up…
Neb. Rev. Stat. § 29-3003 Postconviction remedy; cumulative; dismissal; when.
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The remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state. Any proceeding filed under the provisions of sections 29-3001 to 29-3004 which states facts which if true would consti…
Neb. Rev. Stat. § 29-3004 Appointment of counsel; competency and effectiveness; compensation.
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The district court may appoint not to exceed two attorneys to represent the prisoners in all proceedings under sections 29-3001 to 29-3004. The district court, upon hearing the application, shall fix reasonable expenses and fees, and the county board shall allow payment to the at…
Neb. Rev. Stat. § 29-3005 Victim of sex trafficking; motion to set aside conviction or adjudication; procedure; court; findings; considerations; hearing; order; effect.
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(1) For purposes of this section: (a) Prostitution-related offense includes: (i) Prostitution under section 28-801, solicitation of prostitution under section 28-801.01, keeping a place of prostitution under section 28-804, public indecency under section 28-806, or loitering for …
Neb. Rev. Stat. § 29-3101 Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney.
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(a) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent…
Neb. Rev. Stat. § 29-3102 Removal; hearing; rights of person accused; conditions for release.
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(a) The person whose removal is sought shall be brought before the judicial officer immediately upon arrest pursuant to the warrant; whereupon the judicial officer shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, …
Neb. Rev. Stat. § 29-3103 Order; return to demanding court.
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The county attorney shall appear at the hearing and report to the judicial officer the results of his investigation. If the judicial officer finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was r…
Neb. Rev. Stat. § 29-3104 Severability.
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If any provision of sections 29-3101 to 29-3106 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 29-3101 to 29-3106 which can be given effect without the invalid provision or appl…
Neb. Rev. Stat. § 29-3105 Sections, how construed.
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Sections 29-3101 to 29-3106 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 29-3106 Act, how cited.
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Sections 29-3101 to 29-3106 may be cited as the Uniform Rendition of Accused Persons Act.
Neb. Rev. Stat. § 29-3201 Terms, defined.
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As used in sections 29-3201 to 29-3210, (a) Witness means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court. (b) Penal i…
Neb. Rev. Stat. § 29-3202 Witness; summoning in this state to testify in another state; procedure.
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A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation by a grand j…
Neb. Rev. Stat. § 29-3203 Order; conditions; contents.
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If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested…
Neb. Rev. Stat. § 29-3204 Order; mileage and expenses; order effective, when; conditions.
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The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his or her testimony, proper safeguards on his or her custody, and proper financial reimbursement or prepayment by the requesting jurisdiction…
Neb. Rev. Stat. § 29-3205 Sections; exceptions.
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Sections 29-3201 to 29-3210 do not apply to any person in this state confined as mentally ill or under sentence of death.
Neb. Rev. Stat. § 29-3206 Prisoner from another state summoned to testify in this state; procedure.
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If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by …
Neb. Rev. Stat. § 29-3207 Order; compliance.
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The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
Neb. Rev. Stat. § 29-3208 Exemptions from arrest and personal service.
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If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because o…
Neb. Rev. Stat. § 29-3209 Sections, how construed.
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Sections 29-3201 to 29-3210 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 29-3210 Act, how cited.
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Sections 29-3201 to 29-3210 may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
Neb. Rev. Stat. § 29-3301 Terms, defined.
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As used in sections 29-3301 to 29-3307, the terms identifying physical characteristics or identification procedures shall include but not be limited to fingerprints, palm prints, footprints, measurements, handwriting exemplars, lineups, hand printing, voice samples, blood samples…
Neb. Rev. Stat. § 29-3302 Orders authorizing identification procedures; who may issue.
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Judges and magistrates may issue orders authorizing identification procedures for the purpose of obtaining identifying physical characteristics in accordance with the procedures specified in sections 29-3301 to 29-3307. An order may be issued by any judge of the district court, C…
Neb. Rev. Stat. § 29-3303 Order; issuance; requirements.
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The order may issue upon a showing by affidavit of a peace officer that (1) there is probable cause to believe that an offense has been committed; (2) there is probable cause to believe that the person subject to the order has committed the offense; (3) procurement of evidence of…