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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-1001 State Anatomical Board; members; powers and duties; State Anatomical Board Cash Fund; created; use; investment.
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(1) The heads of the anatomy departments of the medical schools and colleges of this state, one professor of anatomy appointed by the head of the anatomy department from each medical school or college of this state, one professor of anatomy appointed from each dental school or co…
Neb. Rev. Stat. § 71-1003 Board; dead human bodies; distribution.
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The State Anatomical Board, or its duly authorized officers or agents, may take and receive dead bodies as provided in section 71-4834. The board shall distribute the bodies among the medical, chiropractic, osteopathic, and dental schools and colleges, and physicians and surgeons…
Neb. Rev. Stat. § 71-1004 Board; dead human bodies; transportation.
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The State Anatomical Board may employ a carrier or carriers for the transportation of bodies, referred to in sections 71-1001 to 71-1007, and may transport such bodies, or order them to be transported, under such rules and regulations as it may adopt and promulgate.
Neb. Rev. Stat. § 71-1007 Board; purpose.
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The purpose of the State Anatomical Board is to: (1) Provide for the orderly receipt, maintenance, distribution, and use of human bodies used for medical education and research; (2) Ensure that proper and considerate care is given to human bodies used for medical education and re…
Neb. Rev. Stat. § 71-1101 Act, how cited.
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Sections 71-1101 to 71-1134 shall be known and may be cited as the Developmental Disabilities Court-Ordered Custody Act.
Neb. Rev. Stat. § 71-1102 Public policy.
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The Legislature recognizes the right of all persons, including individuals with developmental disabilities, to enjoy personal liberty and freedom. It is the public policy of the State of Nebraska to encourage persons with developmental disabilities to voluntarily choose their own…
Neb. Rev. Stat. § 71-1103 Purpose of act.
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The purpose of the Developmental Disabilities Court-Ordered Custody Act is to provide a procedure for court-ordered custody and treatment for a person with developmental disabilities when he or she poses a threat of harm to others.
Neb. Rev. Stat. § 71-1104 Definitions, where found.
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For purposes of the Developmental Disabilities Court-Ordered Custody Act, the definitions in sections 71-1105 to 71-1116 apply.
Neb. Rev. Stat. § 71-1105 Court, defined.
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Court means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act.
Neb. Rev. Stat. § 71-1106 Department, defined.
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Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 71-1107 Developmental disability, defined.
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Developmental disability means a severe, chronic disability, including an intellectual disability, other than mental illness, which: (1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent…
Neb. Rev. Stat. § 71-1108 Independent mental health professional, defined.
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Independent mental health professional means a psychiatrist or psychologist with expertise in treating persons with developmental disabilities who has not previously been involved in the treatment of the subject in a significant way.
Neb. Rev. Stat. § 71-1108.01 Intellectual disability, defined.
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Intellectual disability means significantly subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a…
Neb. Rev. Stat. § 71-1109 Least restrictive alternative, defined.
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Least restrictive alternative means a placement and services provided in a manner no more restrictive of a subject's liberty and no more intrusive than necessary to provide appropriate treatment and protect society.
Neb. Rev. Stat. § 71-1111 Petitioner, defined.
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Petitioner means the Attorney General or the county attorney who files a petition under section 71-1117.
Neb. Rev. Stat. § 71-1112 Risk analysis, defined.
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Risk analysis means a comprehensive evaluation of a person's potential for future dangerous behavior towards others, including recommendations to minimize the likelihood of harm to others in the least restrictive alternative.
Neb. Rev. Stat. § 71-1114 Subject, defined.
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Subject means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act.
Neb. Rev. Stat. § 71-1115 Threat of harm to others, defined.
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Threat of harm to others means a significant likelihood of substantial harm to others as evidenced by one or more of the following: Having inflicted or attempted to inflict serious bodily injury on another; having committed an act that would constitute a sexual assault or attempt…
Neb. Rev. Stat. § 71-1116 Treatment, defined.
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Treatment means the support and services which will assist a subject to acquire the skills and behaviors needed to function in society so that the subject does not pose a threat of harm to others and is able to cope with his or her personal needs and the demands of his or her env…
Neb. Rev. Stat. § 71-1117 Petition; where filed; contents; evidentiary rules; applicability.
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The Attorney General or county attorney may file a petition in the district court of the county in which a subject resides or the county in which an alleged act constituting a threat of harm to others occurs. The petition shall allege that the subject is a person in need of court…
Neb. Rev. Stat. § 71-1118 Subject; rights.
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A subject has the following rights pursuant to the Developmental Disabilities Court-Ordered Custody Act: (1) The right to be represented by legal counsel and to have counsel appointed if the subject cannot afford to pay the cost of counsel; (2) The right to have a guardian ad lit…
Neb. Rev. Stat. § 71-1119 Emergency custody; application; court order; evaluation by department.
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(1) The petitioner may apply to the court to have the subject taken into emergency custody and held pending a hearing on the petition and disposition pursuant to sections 71-1122 to 71-1126. The application for emergency custody shall be supported by affidavit or sworn testimony …
Neb. Rev. Stat. § 71-1120 Emergency custody order; expedited hearing.
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If an emergency custody order is issued by the court under section 71-1119, the subject has a right to an expedited hearing to challenge the order. At such hearing, the petitioner has the burden of showing that there is probable cause to continue the emergency custody order. Such…
Neb. Rev. Stat. § 71-1121 Petition and summons; service.
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The petitioner shall cause notice of the petition and summons to be served on the subject, the subject's attorney, if any, the subject's guardian, if any, the subject's closest relative, if known, any other person having custody and control of the subject, if known, and the depar…
Neb. Rev. Stat. § 71-1122 Petition; hearing; procedure; representation by legal counsel.
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When a petition is filed under the Developmental Disabilities Court-Ordered Custody Act, the court shall ensure that the subject is represented by legal counsel and shall set a time and date for a hearing on the petition. The clerk of the court shall provide notice of the date an…
Neb. Rev. Stat. § 71-1123 Subject; response to petition.
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The subject may admit or deny the allegations of the petition or choose to not answer. If the subject denies the allegations of the petition, the court shall proceed to conduct a hearing on the petition. If the subject is unable to understand the nature and possible consequences …
Neb. Rev. Stat. § 71-1124 Burden of proof; court findings; dispositional hearing; when required.
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The petitioner has the burden to prove by clear and convincing evidence that the subject is a person in need of court-ordered custody and treatment. The court shall make specific findings of fact and state its conclusions of law. If after the hearing is complete the court finds t…
Neb. Rev. Stat. § 71-1125 Departmental plan; contents.
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The plan submitted by the department pursuant to section 71-1124 shall include the evaluation and recommendations of an independent mental health professional. The independent mental health professional may have been previously involved in evaluating the subject and advising the …
Neb. Rev. Stat. § 71-1126 Dispositional hearing; considerations; court order.
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At the dispositional hearing, the court shall consider the plan submitted pursuant to section 71-1125, the arguments of the parties, and any other relevant evidence. The Nebraska Evidence Rules shall not apply at the dispositional hearing. The plan shall be approved by the court …
Neb. Rev. Stat. § 71-1127 Court-ordered custody and treatment; annual review hearings; procedure.
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The court shall hold annual review hearings of each order of disposition issued under section 71-1126 prior to the expiration date of such order. Prior to the annual review hearing, the department shall submit an updated plan for custody and treatment of the subject. It shall be …
Neb. Rev. Stat. § 71-1128 Review hearing; when authorized; notice.
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(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of …
Neb. Rev. Stat. § 71-1129 Jurisdiction of court.
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A court which finds a subject to be in need of court-ordered custody and treatment shall have concurrent jurisdiction to hear and decide issues regarding appointment or replacement of a guardian for as long as the subject is in court-ordered custody and treatment.
Neb. Rev. Stat. § 71-1130 Findings under act; effect.
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No findings under the Developmental Disabilities Court-Ordered Custody Act, including a finding that a person is in need of court-ordered custody and treatment, shall lead to a presumption that such person is incompetent to stand trial.
Neb. Rev. Stat. § 71-1131 Costs; payment; public defender; appointment.
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If the subject cannot afford to pay, the county shall pay court costs, costs of emergency custody, and related expenses for a petition filed pursuant to the Developmental Disabilities Court-Ordered Custody Act, including the costs of legal counsel appointed to represent the subje…
Neb. Rev. Stat. § 71-1132 Treatment needs of subject; rights of subject or subject's guardian.
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Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treat…
Neb. Rev. Stat. § 71-1133 Juvenile; when subject to act.
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In the case of a juvenile in need of court-ordered custody and treatment, a petitioner may file a petition and begin proceedings under the Developmental Disabilities Court-Ordered Custody Act within ninety days before the juvenile's eighteenth birthday. No order under the act sha…
Neb. Rev. Stat. § 71-1134 Reports.
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(1) The department in collaboration with the Advisory Committee on Developmental Disabilities established under section 83-1212.01 shall submit quarterly reports to the court, all parties of record, and the guardian of any subject in court-ordered custody. (2) The department shal…
Neb. Rev. Stat. § 71-1201 Act, how cited.
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Sections 71-1201 to 71-1226.01 shall be known and may be cited as the Sex Offender Commitment Act.
Neb. Rev. Stat. § 71-1202 Purpose of act.
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The purpose of the Sex Offender Commitment Act is to provide for the court-ordered treatment of sex offenders who have completed their sentences but continue to pose a threat of harm to others. It is the public policy of the State of Nebraska that dangerous sex offenders be encou…
Neb. Rev. Stat. § 71-1203 Terms, defined.
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For purposes of the Sex Offender Commitment Act: (1) The definitions found in sections 71-904.02, 71-904.03, 71-905, 71-906, 71-907, 71-910, 71-911, 71-914.01, 71-914.02, 71-914.03, and 83-174.01 apply; (2) Administrator means the administrator or other chief administrative offic…
Neb. Rev. Stat. § 71-1204 Emergency protective custody; dangerous sex offender determination; written certificate; contents.
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(1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as p…
Neb. Rev. Stat. § 71-1205 Person believes another to be a dangerous sex offender; notify county attorney; petition; when; contents.
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(1) Any person who believes that another person is a dangerous sex offender may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer under section 71-919 shall be sufficient to communicate such belief. If the county attorney con…
Neb. Rev. Stat. § 71-1206 Mental health board proceedings; commencement; petition; custody of subject; conditions; dismissal; when.
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(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-1205 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under sect…
Neb. Rev. Stat. § 71-1207 Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
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Upon the filing of the petition under section 71-1205, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal g…
Neb. Rev. Stat. § 71-1208 Hearing; mental health board; duties.
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(1) A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is a dangerous sex offender as alleged in the petition. (2) At the commencement of the hearing, the board shall inquire whether the subject has rece…
Neb. Rev. Stat. § 71-1209 Burden of proof; mental health board; hearing; orders authorized; conditions; rehearing.
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(1) The state has the burden to prove by clear and convincing evidence that (a) the subject is a dangerous sex offender and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment orde…
Neb. Rev. Stat. § 71-1210 Subject; custody pending entry of treatment order.
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(1) At the conclusion of a mental health board hearing under section 71-1208 and prior to the entry of a treatment order by the board under section 71-1209, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitt…
Neb. Rev. Stat. § 71-1211 Dangerous sex offender; board; issue warrant; contents; immunity.
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If the mental health board finds the subject to be a dangerous sex offender and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient treat…
Neb. Rev. Stat. § 71-1212 Inpatient treatment; subject taken to facility; procedure.
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When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-1211, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such war…
Neb. Rev. Stat. § 71-1213 Mental health board; execution of warrants; costs; procedure; subject domiciled in Indian country; transportation to treatment facility; reimbursement.
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(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including …