Chapter 47, JAILS AND CORRECTIONAL FACILITIES
112 sections in this chapter.
Neb. Rev. Stat. § 47-1204 Pilot program; grant eligibility, application, and audit requirements; funding.
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(1) The Nebraska Commission on Law Enforcement and Criminal Justice shall administer the pilot program and, in addition to the requirements set out in section 47-1203, develop grant eligibility, application, and audit requirements. (2) The commission may adopt and promulgate rule…
Neb. Rev. Stat. § 47-1205 Nebraska Commission on Law Enforcement and Criminal Justice; Attorney General; coordination.
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The Nebraska Commission on Law Enforcement and Criminal Justice shall coordinate with the Attorney General to carry out the Regional Mental Health Expansion Pilot Program Act.
Neb. Rev. Stat. § 47-1206 Nebraska Commission on Law Enforcement and Criminal Justice; pilot program; federal funding.
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The Nebraska Commission on Law Enforcement and Criminal Justice shall create a pilot program to seek federal funding for collaborative efforts in emergency response by law enforcement agencies and mental health professionals.
Neb. Rev. Stat. § 47-122 Community work force program; established; activities authorized.
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Every county board or, in counties which have established such, the county board of corrections may establish a community work force program in which prisoners in the county jails may work on community service projects within that county. As used in sections 47-122 to 47-124, com…
Neb. Rev. Stat. § 47-123 Community service projects; inmate participation; good time; effect.
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Inmate participation in community service projects shall be voluntary and no extra good-time credit shall be given to inmates who participate in a community service project. In no event shall an inmate's decision to participate or not participate in a community service project ha…
Neb. Rev. Stat. § 47-124 Community work force program; administration; rules and regulations.
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(1) In counties which have a county board of corrections, that board shall administer the community work force program and shall adopt and promulgate rules and regulations for such administration. In all other counties, the sheriff shall administer the program and adopt and promu…
Neb. Rev. Stat. § 47-1301 Jails; rules concerning cross-gender supervision and searches.
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Each county and city jail shall comply with the rules and regulations of the Jail Standards Board concerning cross-gender supervision and cross-gender searches of inmates.
Neb. Rev. Stat. § 47-201 City 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 written rules for the regulation and government of the municipal jails upon the subjects of (1) the cleanliness of the jail and prisoners, (2) the classification of p…
Neb. Rev. Stat. § 47-201.01 Telephone services for inmates; use of funds.
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(1) Each city 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 t…
Neb. Rev. Stat. § 47-201.02 Inmate communications; Jail Standards Board; duties.
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The Jail Standards Board shall ensure that city jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.
Neb. Rev. Stat. § 47-202 Rules; copies; distribution; posting.
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The Jail Standards Board shall cause a copy of the rules to be delivered to the mayor or chief officer of the municipalities, and it shall be the duty of such mayor or other chief officer to cause a copy of the same to be furnished to the person in charge of the prison or jail, t…
Neb. Rev. Stat. § 47-203 Rules; amend; copies; distribution; posting.
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The Jail Standards Board may, as it may deem proper, amend the rules, and such amended rules and their copies shall be disposed of in the same manner as provided in section 47-202.
Neb. Rev. Stat. § 47-204 Jail record; required entries; open for inspection; period maintained.
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The officer in charge of any municipal jail shall keep a written record which shall show the name of each person confined, the date of the commencement and termination of his or her confinement, the nature of the charge against him or her, and the medical service provided. Such o…
Neb. Rev. Stat. § 47-205 Jailers; reports; contents; filing.
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The officer in charge of any municipal jail shall on or before the first day of February of each year, for the preceding calendar year, and at such other times as he or she may be required by the Jail Standards Board, make out a written report and cause copies to be filed with th…
Neb. Rev. Stat. § 47-206 Jailer; neglect of duty; penalty.
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The officer in charge of any municipal prison or jail who fails to comply with the provisions of sections 47-201 to 47-205 or the rules prescribed by the Jail Standards Board shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 47-207 Jail, defined.
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For the purposes of Chapter 47, article 2, 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…
Neb. Rev. Stat. § 47-208 City or village prisoners; employment on public improvement projects.
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The governing board of every city and village may employ at labor on the public streets and other public improvements, persons confined in the jail of such city or village, as the case may be, on account of conviction for violation of statutes or ordinances. The governing board s…
Neb. Rev. Stat. § 47-302 Joint county and city jail; acquisition of land; procedure; bonds; taxes; election; when required.
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(1) The county board of such county, and the mayor and council or legislative authorities of such incorporated city located within the county, are hereby authorized and empowered to unite in the construction and maintenance of a jail, and to acquire land by purchase, condemnation…
Neb. Rev. Stat. § 47-303 Joint operation and maintenance.
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Whenever the county board and mayor and council or other legislative body in a city have voted to unite in the carrying out of any of the objects provided for in sections 47-302 to 47-308, both city and county shall be bound to continue the contract and operate and maintain the j…
Neb. Rev. Stat. § 47-304 County jails; construction; acquisition of lands; procedure; bonds; taxes; election; when required.
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The county board of such county is authorized and empowered to construct and maintain a jail and purchase land for farm or other purposes for the employment of prisoners as hereinbefore provided. Such county may proceed in the manner provided by law for the erection of public bui…
Neb. Rev. Stat. § 47-305 City jails; construction; acquisition of lands; procedure; bonds.
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The city council or legislative authority of such incorporated city is hereby authorized and empowered to erect and maintain a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of prisoners. The procedure to condemn pr…
Neb. Rev. Stat. § 47-306 Joint county and city jails; management; use by one of jail of other; contract.
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Where such county and such city shall unite in the construction and maintenance of a jail, or in the purchase of land for farm or other purposes and erect public buildings thereon, the sheriff of such county or such other person as may be charged with the administrative direction…
Neb. Rev. Stat. § 47-307 Joint county and city jails; maintenance; cost; apportionment.
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Where such county and such city unite in the construction and maintenance of a jail and the purchase of land for employment of prisoners, the cost of maintenance shall be divided equally between the city and county except for the cost of providing the food for prisoners. The cost…
Neb. Rev. Stat. § 47-308 Joint jail or farm; name.
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Where such county and city unite in the construction of a jail, the name of such jail shall be city and county jail, and when they unite in the purchase of land for the employment of prisoners, such place of detention shall be called detention farm.
Neb. Rev. Stat. § 47-401 Person sentenced to or confined in a city or county jail; permission to leave; when; sentence served at other facility; house arrest.
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(1) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privi…
Neb. Rev. Stat. § 47-402 Privilege of leaving jail; petition; order of sentencing court; withdrawal of privilege.
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The privilege of leaving the jail as set forth in section 47-401 shall be granted only by written order of the sentencing court, after conferring with the chief of police, county sheriff, or such other person as may be charged with the administrative direction of the jail, specif…
Neb. Rev. Stat. § 47-403 Privilege of leaving jail; employment; wages; account; disbursement.
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The court may endeavor to secure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, the court may collect the same, or require the prisoner to turn over his wages or salary in full when received, and the court shall keep a ledge…
Neb. Rev. Stat. § 47-404 Privilege of leaving jail; prisoner; liable for costs.
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Every prisoner granted the privilege of leaving the jail as set forth in sections 47-401 to 47-411 shall be liable for such costs incident to his confinement as the court deems appropriate and reasonable, if such costs are specifically set forth in the order of the court granting…
Neb. Rev. Stat. § 47-405 Privilege of leaving jail; meals; transportation.
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If necessarily absent from jail at mealtime, the prisoner shall, at his request, be furnished with an adequate meal to carry with him during his absence and the chief of police, county sheriff, or other governmental agency may provide for the transportation of prisoners released …
Neb. Rev. Stat. § 47-406 Prisoner's account; disbursement.
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As soon as adequate funds are available in the prisoner's account in accordance with section 47-403, and to the extent of the funds in such account, the court shall, by written order, disburse such funds for the following purposes and in the following order of priority: (1) The b…
Neb. Rev. Stat. § 47-407 Court; arrangements for employment of prisoner; concurrence with another county or city.
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The court may arrange with the chief of police, sheriff, or such other person as may be charged with the administrative direction of the jail in a city or county other than the one in which the sentencing court is located for the employment of the prisoner in the other county, an…
Neb. Rev. Stat. § 47-409 Privilege of leaving jail; violation of jail regulations; effect.
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The chief of police, county sheriff, or such other person as may be charged with the administrative direction of a jail or jail facility may refuse to permit the prisoner to exercise his privilege to leave the jail or jail facility as provided in section 47-401 for any breach of …
Neb. Rev. Stat. § 47-410 Prisoner; employed or released; not agent, employee, or servant of city, county, or court.
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No prisoner employed or otherwise released as provided in sections 47-401 to 47-411, while working in such employment or at any time during his release, shall be deemed an agent, employee, or servant of the city, county or court having jurisdiction over the prisoner.
Neb. Rev. Stat. § 47-411 Willful failure of prisoner to comply with court order; deemed an escape from custody.
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The willful failure of a prisoner to comply with the order of the court granting him the privilege of leaving the jail as provided by sections 47-401 to 47-411 or to return within the time set forth in such order shall be deemed an escape from custody punishable as provided by ap…
Neb. Rev. Stat. § 47-501 County board of corrections; sheriff; duty to implement sentence reductions and credits.
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The county board of corrections shall be responsible for the implementation of sections 47-502 and 47-503 in the county in which it serves. In counties which do not have a county board of corrections, the county sheriff shall be responsible for the implementation of sections 47-5…
Neb. Rev. Stat. § 47-502 Person sentenced to or confined in jail; sentence or sanction reduction.
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Any person sentenced to or confined in a city or county jail, including any person serving a custodial sanction imposed in response to a parole or probation violation, shall, after the fifteenth day of his or her confinement, have the aggregate of his or her remaining term, inclu…
Neb. Rev. Stat. § 47-503 Credit against jail term.
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(1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the criminal charge for which the jail term is imposed or as a result of conduct upon which such charge is based. Such credit shall include, but no…
Neb. Rev. Stat. § 47-619 Act, how cited.
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Sections 47-619 to 47-634 shall be known and may be cited as the Community Corrections Act.
Neb. Rev. Stat. § 47-620 Legislative intent.
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It is the intent of the Legislature that the Community Corrections Act: (1) Provide for the development and establishment of community-based facilities and programs in Nebraska for adult offenders and encourage the use of such facilities and programs by sentencing courts and the …
Neb. Rev. Stat. § 47-621 Terms, defined.
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For purposes of the Community Corrections Act: (1) Community correctional facility or program means a community-based or community-oriented facility or program which (a) is operated either by the state or by a contractor which may be a unit of local government or a nongovernmenta…
Neb. Rev. Stat. § 47-622 Community Corrections Division; created.
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The Legislature declares that the policy of the State of Nebraska is that there shall be a coordinated effort to (1) establish community correctional programs across the state in order to divert adult felony offenders from the prison system and (2) provide necessary supervision a…
Neb. Rev. Stat. § 47-624 Division; duties.
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The division shall: (1) Collaborate with the Office of Probation Administration and the Department of Correctional Services to develop and implement a plan to establish statewide operation and use of a continuum of community correctional facilities and programs; (2) Develop, in c…
Neb. Rev. Stat. § 47-624.01 Division; plan for implementation and funding of reporting centers; duties.
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(1) The division shall collaborate with the Office of Probation Administration and the Department of Correctional Services in developing a plan for the implementation and funding of reporting centers in Nebraska. (2) The plan shall include recommended locations for at least one r…
Neb. Rev. Stat. § 47-627 Uniform crime data analysis system.
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The director shall develop and maintain a uniform crime data analysis system in Nebraska which shall include, but need not be limited to, the number of offenses, arrests, charges, probation admissions, probation violations, probation discharges, participants in specialized commun…
Neb. Rev. Stat. § 47-628 Community correctional programming; condition of probation.
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(1) A sentencing judge may sentence an offender to probation conditioned upon community correctional programming. (2) A sentence to a community correctional program or facility shall be imposed as a condition of probation pursuant to the Nebraska Probation Administration Act. The…
Neb. Rev. Stat. § 47-629 Community correctional programming; paroled offenders.
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(1) The Board of Parole may parole an offender to a community correctional facility or program pursuant to guidelines developed by the division. (2) The Department of Correctional Services shall utilize community correctional facilities and programs as appropriate.
Neb. Rev. Stat. § 47-632 Community Corrections Uniform Data Analysis Cash Fund; created; use; investment.
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(1) The Community Corrections Uniform Data Analysis Cash Fund is created. Except as provided in subsection (2) of this section, the fund shall be within the Nebraska Commission on Law Enforcement and Criminal Justice, shall be administered by the division, and shall only be used …
Neb. Rev. Stat. § 47-633 Fees.
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In addition to all other court costs assessed according to law, a uniform data analysis fee of one dollar shall be taxed as costs for each case filed in each county court, separate juvenile court, and district court, including appeals to such courts, and for each appeal and origi…
Neb. Rev. Stat. § 47-634 Receipt of funds by local entity; local advisory committee required; plan required.
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For a local entity to receive funds under the Community Corrections Act, the division shall ensure there is a local advisory committee made up of a broad base of community members concerned with the justice system. Submission of a detailed plan including a budget, program standar…
Neb. Rev. Stat. § 47-701 Medical services, defined; responsibility for payment.
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(1) Notwithstanding any other provision of law, and except as provided in section 44-713, sections 47-701 to 47-705 shall govern responsibility for payment of the costs of medical services for any person ill, wounded, injured, or otherwise in need of such services at the time suc…