Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
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…
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 378, § 13.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 523, § 18.
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[Repealed or reserved.]
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 …
Repealed. Laws 1996, LB 645, § 22.
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[Repealed or reserved.]
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 …
Repealed. Laws 1996, LB 645, § 22.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 645, § 22.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 645, § 22.
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[Repealed or reserved.]
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 …
Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.
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[Repealed or reserved.]