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743 sections in this chapter.
Neb. Rev. Stat. § 29-3304 Order; when not required.
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No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of identifying physical characteristics, and no order shall be re…
Neb. Rev. Stat. § 29-3305 Order; contents.
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Any order issued under sections 29-3301 to 29-3307 shall specify (1) the character of the alleged criminal offense which is the subject of the application; (2) the specific type or types of identifying physical characteristic evidence which are sought; (3) the identity or descrip…
Neb. Rev. Stat. § 29-3306 Order; service; return.
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A copy of the order shall be given to the individual at the time it is served on him. No more than thirty days after the identification procedures have been carried out, a return of the order shall be made to the issuing court setting forth the type of evidence taken. Where the o…
Neb. Rev. Stat. § 29-3307 Contempt; penalty.
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The penalty for contempt of court, as provided in sections 29-3301 to 29-3307, shall not exceed thirty days' imprisonment in the county jail.
Neb. Rev. Stat. § 29-3401 Interstate corrections compact.
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The State of Nebraska ratifies and approves the following compact: INTERSTATE CORRECTIONS COMPACT Article I Purpose and Policy The party States, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement…
Neb. Rev. Stat. § 29-3402 Department of Correctional Services; powers.
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The Department of Correctional Services is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.
Neb. Rev. Stat. § 29-3501 Security, Privacy, and Dissemination of Criminal History Information Act, how cited.
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Sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 shall be known and may be cited as the Security, Privacy, and Dissemination of Criminal History Information Act.
Neb. Rev. Stat. § 29-3502 Sections; purposes.
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The purposes of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 are (1) to control and coordinate criminal offender record keeping within this state, (2) to establish more efficient and uniform systems of criminal offender record keeping, (3) to assure periodic audits of…
Neb. Rev. Stat. § 29-3503 Definitions; sections found.
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For the purposes of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, unless the context otherwise requires, the definitions found in sections 29-3504 to 29-3514 shall be used.
Neb. Rev. Stat. § 29-3504 Administration of criminal justice, defined.
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Administration of criminal justice shall mean performance of any of the following activities: Detection, apprehension, detention, pretrial release, pretrial diversion, posttrial release, prosecution, defense by a full-time public defender's office, defense by the Commission on Pu…
Neb. Rev. Stat. § 29-3505 Commission, defined.
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Commission shall mean the Nebraska Commission on Law Enforcement and Criminal Justice.
Neb. Rev. Stat. § 29-3506 Criminal history record information, defined.
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Criminal history record information shall mean information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of issuance of arrest warrants, arrests, detentions, indictments, charges by information, and other formal crimin…
Neb. Rev. Stat. § 29-3507 Complete, defined.
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With reference to criminal history record information, complete shall mean that arrest records shall show the subsequent disposition of the case as it moves through the various stages of the criminal justice system; and accurate shall mean containing no erroneous information of a…
Neb. Rev. Stat. § 29-3508 Criminal history record information system or system, defined.
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Criminal history record information system or system shall mean a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information.
Neb. Rev. Stat. § 29-3509 Criminal justice agency, defined.
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Criminal justice agency shall mean: (1) Courts; and (2) A government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of c…
Neb. Rev. Stat. § 29-3510 Direct access, defined.
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Direct access shall mean having the custodial authority to handle and control the actual documents or automated or computerized documentary record which constitutes the criminal history database.
Neb. Rev. Stat. § 29-3511 Disposition, defined.
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Disposition shall mean information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also informa…
Neb. Rev. Stat. § 29-3512 Operator, defined.
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Operator shall mean the agency, person, or group of persons designated by the governing body of the jurisdiction served by a criminal history record information system to coordinate and supervise the system.
Neb. Rev. Stat. § 29-3513 Person, defined.
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Person shall mean any natural person, corporation, partnership, limited liability company, firm, or association.
Neb. Rev. Stat. § 29-3514 Person in interest, defined.
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Person in interest shall mean the person who is the primary subject of a criminal justice record or any representative designated by such person, except that if the subject of the record is under legal disability, person in interest shall mean the person's parent or duly appointe…
Neb. Rev. Stat. § 29-3515 Criminal justice agency; criminal history record information; maintain.
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Each criminal justice agency shall maintain complete and accurate criminal history record information with regard to the actions taken by the agency.
Neb. Rev. Stat. § 29-3516 Criminal justice agency; disposition of cases; report; procedure; commission; forms; rules and regulations; adopt.
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Each criminal justice agency in this state shall report the disposition of cases which enter its area in the administration of criminal justice. As to cases in which fingerprint records must be reported to the Nebraska State Patrol under section 29-209, such disposition reports s…
Neb. Rev. Stat. § 29-3517 Criminal justice agency; criminal history record information; process; assure accuracy.
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Each criminal justice agency shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that …
Neb. Rev. Stat. § 29-3518 Criminal history record information; access; restrictions; requirements.
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Direct access to criminal history record information system facilities, system operating environments, data file contents, and system documentation shall be restricted to authorized organizations and persons. Wherever criminal history record information is collected, stored, or d…
Neb. Rev. Stat. § 29-3519 Criminal justice information systems; computerized; access; limitations; security; conditions.
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Whenever computerized data processing is employed, effective and technologically advanced software and hardware designs shall be instituted to prevent unauthorized access to such information. Computer operations which support criminal justice information systems shall operate in …
Neb. Rev. Stat. § 29-3520 Criminal history record information; public record; criminal justice agencies; regulations; adopt.
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Complete criminal history record information maintained by a criminal justice agency shall be a public record open to inspection and copying by any person during normal business hours and at such other times as may be established by the agency maintaining the record. Criminal jus…
Neb. Rev. Stat. § 29-3521 Information; considered public record; classifications.
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In addition to public records under section 29-3520, information consisting of the following classifications shall be considered public record for purposes of dissemination: (1) Posters, announcements, lists for identifying or apprehending fugitives or wanted persons, or photogra…
Neb. Rev. Stat. § 29-3522 Criminal justice agency records; application to inspect; unavailable; procedure to provide records.
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If the requested criminal justice history record or other public record, as defined in section 29-3521, of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall immediately notify the applicant of this fact. Such n…
Neb. Rev. Stat. § 29-3523 Criminal history record information; dissemination; limitations; removal; certain information not part of public record; court; duties; sealed record; effect; expungement.
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(1) After the expiration of the periods described in subsection (3) of this section or after the granting of a motion under subsection (4), (5), or (6) of this section, a criminal justice agency shall respond to a public inquiry in the same manner as if there were no criminal his…
Neb. Rev. Stat. § 29-3524 Criminal justice agencies; fees; assessment.
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Criminal justice agencies may assess reasonable fees, not to exceed actual costs, for search, retrieval, storing, maintaining, and copying of criminal justice records and may waive fees at their discretion. When fees for certified copies or other copies, printouts, or photographs…
Neb. Rev. Stat. § 29-3525 Criminal history record information; review by person in interest; identity; verification.
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Any person in interest, who asserts that he or she has reason to believe that criminal history information relating to him or her or the person in whose interest he or she acts is maintained by any system in this state, shall be entitled to review and receive a copy of such infor…
Neb. Rev. Stat. § 29-3526 Commission; powers and duties; rules and regulations.
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The commission may by rule authorize a fee for each application for review under section 29-3525, and may charge for making copies or printouts as provided in section 29-3524. The commission shall implement section 29-3525 by rule and regulation, including but not limited to prov…
Neb. Rev. Stat. § 29-3527 Violations; penalty.
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Any person who (1) permits unauthorized direct access to criminal history record information, (2) knowingly fails to disseminate or make public criminal history record information of official acts as required under sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423, or (3) …
Neb. Rev. Stat. § 29-3528 Violations; person aggrieved; remedies.
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Whenever any officer or employee of the state, its agencies, or its political subdivisions, or whenever any state agency or any political subdivision or its agencies fails to comply with the requirements of sections 29-209, 29-210, 29-3501 to 29-3528, and 81-1423 or of regulation…
Neb. Rev. Stat. § 29-3529 National Crime Prevention and Privacy Compact; Superintendent of Law Enforcement and Public Safety; compact officer; duties.
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(1) In order to facilitate the authorized interstate exchange of criminal history record information for noncriminal justice purposes, and to implement the National Crime Prevention and Privacy Compact, 34 U.S.C. 40316, the Legislature approves and ratifies the compact. The Super…
Neb. Rev. Stat. § 29-3601 Legislative findings.
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The Legislature finds that pretrial diversion offers persons charged with criminal offenses and minor traffic violations an alternative to traditional criminal justice proceedings in that: (1) It permits participation by the accused only on a voluntary basis; (2) the accused has …
Neb. Rev. Stat. § 29-3602 Pretrial diversion program; established.
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The county attorney of any county may establish a pretrial diversion program with the concurrence of the county board. Any city attorney may establish a pretrial diversion program with the concurrence of the governing body of the city. Such programs shall be established pursuant …
Neb. Rev. Stat. § 29-3603 Pretrial diversion plan for criminal offenses; requirements.
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A pretrial diversion plan for criminal offenses shall include, but not be limited to: (1) Formal eligibility guidelines established following consultation with criminal justice officials and program representatives. The guidelines shall be written and made available and routinely…
Neb. Rev. Stat. § 29-3604 Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion.
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No person charged with a violation of section 60-6,196 or 60-6,197 shall be eligible for pretrial diversion under a program established pursuant to sections 29-3601 to 29-3603 and 29-3605 to 29-3609.
Neb. Rev. Stat. § 29-3605 Minor traffic violations; terms, defined.
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For purposes of sections 29-3606 to 29-3609: (1) Department means the Department of Motor Vehicles; and (2) Minor traffic violation does not include leaving the scene of an accident, sections 60-696 to 60-698, driving under the influence of alcoholic liquor or drugs, sections 60-…
Neb. Rev. Stat. § 29-3606 Minor traffic violations; pretrial diversion plan; driver's safety training program.
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(1) A pretrial diversion plan for minor traffic violations shall consist of a driver's safety training program. (2) A driver's safety training program shall: (a) Provide a curriculum of driver's safety training, as approved by the department, which is designed to educate persons …
Neb. Rev. Stat. § 29-3607 Minor traffic violations; driver's safety training program; certificate; fee.
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Any organization or governmental entity desiring to offer a driver's safety training program shall first obtain a certificate from the department, to be renewed annually. The certificate fee and the annual renewal fee shall each be fifty dollars. The fee collected by the departme…
Neb. Rev. Stat. § 29-3608 Minor traffic violations; pretrial diversion program; eligibility.
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Any driver holding a commercial driver's license or CLP-commercial learner's permit issued pursuant to the Motor Vehicle Operator's License Act shall not be eligible to participate in a program under sections 29-3605 to 29-3609 if such participation would be in noncompliance with…
Neb. Rev. Stat. § 29-3609 Minor traffic violations; applicability.
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Sections 29-3605 to 29-3609 shall not apply to programs of pretrial diversion for offenses other than minor traffic violations.
Neb. Rev. Stat. § 29-3701 Verdict of acquittal; probable cause hearing; finding; referral or confinement; evaluations; conditions of confinement; order; preparation of treatment plan; contents.
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(1) Following receipt of a verdict of acquittal on grounds of insanity, the court shall forthwith conduct a hearing to determine whether there is probable cause to believe the person is dangerous to himself, herself, or others by reason of mental illness or defect or will be so d…
Neb. Rev. Stat. § 29-3702 Evidentiary hearing; determination; release or court-ordered treatment; personnel at facility violating order of commitment; contempt.
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(1) Prior to the expiration of the evaluation period provided for in section 29-3701, the court shall conduct an evidentiary hearing regarding the condition of the person, at which time a representative of the facility where he or she was evaluated may testify as to the results o…
Neb. Rev. Stat. § 29-3703 Trial court; person found not responsible by reason of insanity; review records; conduct hearing; evaluation; treatment program; discharge plan; compliance with conditions; reports.
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(1) The court which tried a person who is found not responsible by reason of insanity shall annually and may, upon its own motion or upon motion of the person or the prosecuting attorney, review the records of such person and conduct an evidentiary hearing on the status of the pe…
Neb. Rev. Stat. § 29-3704 Hearing; person's rights.
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At each hearing conducted pursuant to sections 29-3701 to 29-3703, the person shall be entitled to assistance of counsel and such additional rights as are guaranteed by the laws and Constitution of the State of Nebraska and by the United States Constitution.
Neb. Rev. Stat. § 29-3705 Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing.
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The court which tried and acquitted any person who, as of May 29, 1981, stands committed by an order of a mental health board pursuant to the Nebraska Mental Health Commitment Act in consequence of the insanity or derangement which was the ground of the acquittal, shall have juri…
Neb. Rev. Stat. § 29-3706 Records of proceedings; part of criminal case records; medical and psychiatric records; how treated.
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All pleadings, evidence admitted, orders, judgments, and memoranda of findings and conclusions made in the proceedings held pursuant to sections 29-3701 to 29-3704 shall be made a part of the official record of the underlying criminal case. The court may direct that the medical a…