Chapter 47 — JAILS AND CORRECTIONAL FACILITIES
170 sections in this chapter.
Neb. Rev. Stat. § 47-1001 Act, how cited.
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Sections 47-1001 to 47-1007 shall be known and may be cited as the Healthy Pregnancies for Incarcerated Women Act.
Neb. Rev. Stat. § 47-1002 Legislative findings and declarations.
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The Legislature finds and declares: (1) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy; (2) The majority of female prisoners and detainees in Nebraska are nonviolent offenders; (3) Restraining prisoners and detainees increases their potent…
Neb. Rev. Stat. § 47-1003 Terms, defined.
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For the purposes of the Healthy Pregnancies for Incarcerated Women Act: (1) Administrator means the Director of Correctional Services, the sheriff or other person charged with administration of a jail, or any other official responsible for the administration of a detention facili…
Neb. Rev. Stat. § 47-1004 Detention facility; use of restraints prohibited; exception; detention facility employee; presence in room during labor or childbirth; administrator of detention facility; duties.
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(1) A detention facility shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, delivery, or postpartum recovery or during transport to a medical facility or birthing center, unless the administrator makes an individualized determination …
Neb. Rev. Stat. § 47-1005 Civil action authorized.
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Any prisoner or detainee restrained in violation of the Healthy Pregnancies for Incarcerated Women Act may file a civil action which shall be pursued as a tort claim under the Political Subdivisions Tort Claims Act or the State Tort Claims Act.
Neb. Rev. Stat. § 47-1006 Rules and regulations.
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(1) On or before October 1, 2019, each detention facility in this state shall adopt and promulgate rules and regulations to carry out the Healthy Pregnancies for Incarcerated Women Act. A detention facility may also adopt and promulgate such rules and regulations developed by the…
Neb. Rev. Stat. § 47-1007 Report; contents.
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On or before June 1, 2020, and each June 1 thereafter, each administrator of a detention facility shall submit a report describing any use of restraints on a pregnant prisoner or detainee in the preceding calendar year. The Director of Correctional Services shall submit such repo…
Neb. Rev. Stat. § 47-1008 Detention facility; supply feminine hygiene product.
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(1) For purposes of this section: (a) Detention facility means any: (i) Facility operated by the Department of Correctional Services; (ii) City or county jail; (iii) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or (i…
Neb. Rev. Stat. § 47-101 County jails; regulation; duties and powers of Jail Standards Board.
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The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe, in writing, rules for the regulation and government of the jails upon the following subjects: (1) The cleanliness of the jail and prisoners; (2) the classification o…
Neb. Rev. Stat. § 47-101.01 Telephone services for inmates; use of funds.
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(1) Each county jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of…
Neb. Rev. Stat. § 47-101.02 Inmate communications; Jail Standards Board; duties.
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The Jail Standards Board shall ensure that county jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.
Neb. Rev. Stat. § 47-102 Rules; copies; distribution; filing.
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The Jail Standards Board shall, as soon as may be, cause a copy of the rules to be delivered to the county boards. It shall be the duty of each county board forthwith to cause the same to be printed, to furnish the sheriff of its county or such other person as may be charged with…
Neb. Rev. Stat. § 47-103 Rules; copies; posting in jails.
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The sheriff or such other person as may be charged with the administrative direction of the jail shall, immediately on the receipt of the rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of the jail.
Neb. Rev. Stat. § 47-104 Rules; revision; copies; distribution; filing.
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The Jail Standards Board may, as it may deem necessary, amend the rules, and such amended rules shall be printed and disposed of by the county board and the sheriff or such other person as may be charged with the administrative direction of the jail in the same manner as is direc…
Neb. Rev. Stat. § 47-105 Rules; enforcement; sheriff; powers and duties.
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The sheriff, or, in case of his or her death, removal, or disability, the person by law appointed to such office, shall have charge of the county jail of his or her proper county, and of all persons by law confined therein, and such sheriff or other person as may be charged with …
Neb. Rev. Stat. § 47-105.01 Rules; conformance by sheriff or jail administrator.
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The sheriff or such other person as may be charged with the administration of the jail shall conform to the rules and directions as prescribed by the Jail Standards Board pursuant to sections 47-101 and 47-104 which may be made and communicated to him or her by the county board.
Neb. Rev. Stat. § 47-106 Jail register; required entries.
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The sheriff or such other person as may be charged with the administrative direction of the jail shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which he or she shall enter (1) the name of each prisoner, with the date and cau…
Neb. Rev. Stat. § 47-107 Jail reports; filing.
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The sheriff or such other person as may be charged with the administrative direction of the jail shall, on or before November 1 in each year, make out in writing from the jail register a jail report, one copy of which report he or she shall forthwith file in the office of the cle…
Neb. Rev. Stat. § 47-108 Grand jury; instructions with respect to jails and discipline; duty of district court.
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It shall be the duty of the district court in its charge to the grand jury to inform the jury of the provisions of sections 47-101 to 47-116 and all rules, plans, or regulations established by the Jail Standards Board relating to county jails and prison discipline.
Neb. Rev. Stat. § 47-109 Jails; inspection; duty of grand juries and county boards; reports.
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The grand jury of each county in this state may, while in attendance, visit the jail, examine its state and condition, and examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations. If the grand jury visits a jail, it shall be its …
Neb. Rev. Stat. § 47-110 Jails; equipment; appointment of physician; duties of county board; physician's report.
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It shall be the duty of the county board at the expense of the respective counties to provide suitable means for warming the jail and its cells or apartments and provide frames and mattresses for beds and such other permanent fixtures and repairs as may be prescribed by the Jail …
Neb. Rev. Stat. § 47-1101 Act, how cited.
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Sections 47-1101 to 47-1119 shall be known and may be cited as the Community Work Release and Reentry Centers Act.
Neb. Rev. Stat. § 47-1102 Legislative findings and intent; act, purpose.
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(1) The Legislature finds that studies have shown that post-prison outcomes tend to be better for committed offenders who participate in work release programs prior to discharge from custody. Specifically, findings indicate that committed offenders who participated in work releas…
Neb. Rev. Stat. § 47-1103 Terms, defined.
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For purposes of the Community Work Release and Reentry Centers Act: (1) Advisory board means the Reentry Continuity Advisory Board established in section 47-1117; (2) Board means the Board of Parole; (3) Committed offender has the same meaning as in section 83-170; (4) Community …
Neb. Rev. Stat. § 47-1104 Committed offender; placement at community work release and reentry center; when; conditions.
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(1) The department may place a parole-eligible committed offender at a community work release and reentry center as provided in the Community Work Release and Reentry Centers Act. (2) Any parole-eligible committed offender placed at a community work release and reentry center pur…
Neb. Rev. Stat. § 47-1105 Department; powers and duties; agreements with private providers; requirements.
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(1) The department may exercise all powers and perform all duties necessary and proper for carrying out their responsibilities under the Community Work Release and Reentry Centers Act. (2) The department may use designated funds provided by the Legislature to enter into agreement…
Neb. Rev. Stat. § 47-1106 Community work release and reentry centers; standards; requirements.
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The department shall set standards for the appropriate staffing levels of community work release and reentry centers. The department shall require each center to: (1) Be under the supervision and control of a designated center director approved by the department; (2) Be adequatel…
Neb. Rev. Stat. § 47-1107 Individualized release plan; required; release; conditions.
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(1) The department shall require each community work release and reentry center to establish an individualized release plan for each committed offender assigned to the center. The staff of a center shall assist the department in making reasonable advance preparations for the rele…
Neb. Rev. Stat. § 47-1108 Individual records; maintenance requirements; periodic reports.
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(1) The department shall set requirements for the maintenance of the individual records of committed offenders assigned to a community work release and reentry center. (2) The department shall require each community work release and reentry center to make periodic reports to the …
Neb. Rev. Stat. § 47-1109 Assessment of achievements and effectiveness.
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The department shall establish an internal system for assessing the achievements of community work release and reentry centers and the effectiveness of the Community Work Release and Reentry Centers Act as a whole. The department shall develop and maintain measurable goals and ob…
Neb. Rev. Stat. § 47-111 Female prisoners; female correctional officer; appointment; oath; reports.
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(1) This section applies to a county containing a city of the metropolitan class or a city of the primary class. (2) In every county jail where there is a female prisoner, twenty-four-hour supervision shall be provided by a female correctional officer appointed by the county boar…
Neb. Rev. Stat. § 47-1110 Parole officer; correctional officer; monitor performance; report.
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(1) The department shall designate a parole officer to monitor the performance of each parole-eligible committed offender who is assigned to a community work release and reentry center. The designated parole officer shall be required to periodically report to the department on th…
Neb. Rev. Stat. § 47-1111 Community work release and reentry centers; annual review; required visits.
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The department shall develop an internal program to conduct annual reviews of the performance of each community work release and reentry center. A senior staff person of the department shall visit each center at least twice each year.
Neb. Rev. Stat. § 47-1112 Committed offender; responsibilities; failure to comply; effect; not an agent, employee, or servant of this state.
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(1) A committed offender assigned to a community work release and reentry center shall obey the center's rules of behavior and shall consistently maintain such offender's scheduled work hours. (2) The intentional failure of a committed offender to abide by the rules of such offen…
Neb. Rev. Stat. § 47-1113 Access to records, documents, and reports.
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The department may allow a community work release and reentry center to have access to all of the records, documents, and reports in the custody of the department, other than presentence investigation reports, that relate to any committed offender who is assigned to the center.
Neb. Rev. Stat. § 47-1114 Community work release and reentry centers; private providers; bid on agreements to establish; appropriation; legislative intent.
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(1) By July 1, 2026, the department shall develop a strategic plan and procedure to allow private providers to bid on agreements to establish community work release and reentry centers pursuant to the Community Work Release and Reentry Centers Act. (2) It is the intent of the Leg…
Neb. Rev. Stat. § 47-1115 Reentry housing and services; program; department; powers and duties.
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(1) The department, with the assistance of the board, shall establish a program to encourage the development of reentry housing, coordinate the provisions of reentry services, and provide standards for reentry housing. Through this program, the department shall: (a) Establish min…
Neb. Rev. Stat. § 47-1116 Reentry housing facilities; investigations and evaluations; cooperation; access to facilities and records; fire safety code and building or construction code inspections; notice of imminent threat; contest findings.
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(1) Reentry housing facilities shall cooperate with investigations and evaluations conducted pursuant to the Community Work Release and Reentry Centers Act and shall provide the department, board, probation administration, and the Office of Public Counsel with reasonable access t…
Neb. Rev. Stat. § 47-1117 Reentry Continuity Advisory Board; created; members; duties.
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(1) The Reentry Continuity Advisory Board is created. The board shall include the following members: (a) The Inspector General of the Nebraska Correctional System; (b) The Director of Correctional Services or his or her designee; (c) The chairperson of the Board of Parole or his …
Neb. Rev. Stat. § 47-1118 Reentry Housing Fund; created; use; investment; reentry housing facility; fee.
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(1) The Reentry Housing Fund is created. The fund shall be maintained in the state accounting system as a cash fund and shall consist of all fees, grants, federal funds, and other money received by the department under the Community Work Release and Reentry Centers Act. The depar…
Neb. Rev. Stat. § 47-1119 Rules and regulations.
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The department and board may adopt and promulgate rules and regulations to carry out the Community Work Release and Reentry Centers Act.
Neb. Rev. Stat. § 47-112 Jail conductor; appointment; salary.
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In counties having a population in excess of two hundred thousand inhabitants where the jail is situated above the ground floor and requires an operator for an elevator to transfer the prisoners to and from said jail, there shall be a jail conductor to operate said elevator, to b…
Transferred to section 47-119.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 628, § 9.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 628, § 9.
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[Repealed or reserved.]
Neb. Rev. Stat. § 47-114 Jails; administrative visitation.
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The sheriff or such other person as may be charged with the administrative direction of the jail shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court.
Neb. Rev. Stat. § 47-115 Jailer; appointment; oath; liability of sheriff.
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The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer …
Neb. Rev. Stat. § 47-116 Jails; sheriff or jailer; neglect of duty; penalty.
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If the sheriff or jailer, having charge of any county jail, shall neglect or refuse to conform to all or any of the rules and regulations established by the Jail Standards Board, or to perform any other duty required of him or her by sections 47-101 to 47-116, he or she shall, up…
Neb. Rev. Stat. § 47-117 Jail, defined.
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For the purposes of Chapter 47, article 1, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate r…
Repealed. Laws 1980, LB 628, § 9.
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[Repealed or reserved.]