Chapter 83, STATE INSTITUTIONS
857 sections in this chapter.
Neb. Rev. Stat. § 83-1 Parole officer compensation.
Neb. Rev. Stat. § 83-1,100 Parole officer compensation.
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Parole officers shall be compensated with salaries substantially equal to other state employees who have similar responsibilities, including employees of the Office of Probation Administration. This section shall apply only to field parole service officers and support staff and s…
Neb. Rev. Stat. § 83-1,100.02 Person on parole; levels of supervision; department; duties.
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(1) For purposes of this section: (a) Levels of supervision means the determination of the following for each person on parole: (i) Supervision contact requirements, including the frequency, location, methods, and nature of contact with the parole officer; (ii) Substance abuse te…
Neb. Rev. Stat. § 83-1,100.03 Board of Parole; rules and regulations relating to sentencing and supervision; duties; offenders released with no supervision; list for placement in community work release and reentry centers.
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(1) The board, in consultation with the department, shall adopt and promulgate rules and regulations to reduce the number of inmates under the custody of the department who serve their entire sentence in a correctional facility and are released without supervision. The rules and …
Neb. Rev. Stat. § 83-1,103 Field parole service; duties.
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The field parole service, consisting of district parole officers working under the direction of the director or district judge, shall be responsible for the investigation, supervision, and assistance of parolees, probationers, or individuals subject to community supervision under…
Neb. Rev. Stat. § 83-1,103.01 Lifetime community supervision; parole officer; duties.
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A parole officer assigned by the director to supervise individuals subject to lifetime community supervision pursuant to section 83-174.03 shall: (1) Make investigations, prior to an individual subject to community supervision being released from incarceration, in cooperation wit…
Neb. Rev. Stat. § 83-1,103.02 Lifetime community supervision; department; duties; certificate of community supervision; appeal.
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(1) Prior to the release from incarceration of an individual subject to lifetime community supervision pursuant to section 83-174.03, the department shall: (a) Notify the individual in writing that he or she is subject to community supervision upon completion of his or her crimin…
Neb. Rev. Stat. § 83-1,103.03 Lifetime community supervision; department; annual review.
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(1) The department shall review the conditions of community supervision imposed on an individual pursuant to section 83-174.03 on an annual basis and shall provide the individual the opportunity to submit written materials to the department for consideration during such review. (…
Neb. Rev. Stat. § 83-1,103.04 Lifetime community supervision; determination or revision of conditions; appeal; burden of proof.
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(1) Whenever a determination or revision of the conditions of community supervision is made by the department, the individual subject to the conditions shall be entitled to an appeal. The appeal shall be heard by the district court in the county where the individual resides. The …
Neb. Rev. Stat. § 83-1,104 District parole officer; duties.
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A district parole officer shall: (1) Make investigations, prior to a committed offender's release on parole, in cooperation with institutional caseworkers and the Board of Parole to determine the adequacy of parole plans and make reasonable advance preparation for release on paro…
Neb. Rev. Stat. § 83-1,106 Maximum term; credit; how obtained.
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(1) Credit against the maximum term and any minimum term shall be given to an offender for time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based. This shall specifically includ…
Neb. Rev. Stat. § 83-1,107 Reductions of sentence; personalized program plan; how credited; forfeiture; withholding; restoration; release or reentry plan; treatment programming; individualized post-release supervision plan.
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(1)(a) Within sixty days after initial classification and assignment of any offender committed to the department, all available information regarding such committed offender shall be reviewed and a committed offender department-approved personalized program plan document shall be…
Neb. Rev. Stat. § 83-1,107.01 Fees; waiver; when; failure to pay; effect.
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(1) Unless otherwise provided by this section, whenever an adult offender is paroled, the board shall require a parolee to pay a monthly parole programming fee. (2) Parolees under the supervision of the department shall pay a monthly parole programming fee of twenty-five dollars,…
Neb. Rev. Stat. § 83-1,107.02 Parole Program Cash Fund; created; use; investment.
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The Parole Program Cash Fund is created. All funds collected pursuant to section 83-1,107.01 shall be remitted to the State Treasurer for credit to the fund. The fund shall be utilized by the department for the purposes stated in subdivision (20) of section 83-173. Any money in t…
Neb. Rev. Stat. § 83-1,107.03 Parole School; curriculum.
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(1) The board shall conduct Parole School sessions in each facility on a regular and recurring basis to equip committed offenders with the knowledge, skills, and confidence needed to navigate the parole process successfully. (2) Parole School curriculum shall include, but need no…
Neb. Rev. Stat. § 83-1,108 Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.
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(1) The board shall reduce, for good conduct in conformity with the conditions of parole, a parolee's parole term by ten days for each month of such term. The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to section 83-1,107, to…
Neb. Rev. Stat. § 83-1,109 Chief executive officer; good time; report; Director of Correctional Services; duties.
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The chief executive officer of a facility shall regularly report all good time and all forfeitures, withholdings, and restorations of good time to the director. On the basis of such report, the director shall inform the board of all committed offenders who are expected to become …
Neb. Rev. Stat. § 83-1,110 Committed offender; eligible for release on parole; when.
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(1) Every committed offender shall be eligible for parole upon the earliest of the following: (a) When the offender has served one-half the minimum term of his or her sentence as provided in sections 83-1,107 and 83-1,108; (b) For a committed offender serving a maximum term of tw…
Neb. Rev. Stat. § 83-1,110.01 Substance abuse therapy; department; duties; waiver of requirement by board; when.
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The department shall provide substance abuse therapy required by section 28-416 prior to the first parole eligibility date of the committed person. Based on the recommendations, if any, regarding psychological treatment of the committed person pursuant to section 83-179, the depa…
Neb. Rev. Stat. § 83-1,110.02 Medical parole; eligibility; conditions; term.
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(1) A committed offender who is not under sentence of death or of life imprisonment and who because of an existing medical or physical condition is determined by the department to be terminally ill or permanently incapacitated may be considered for medical parole by the board. A …
Neb. Rev. Stat. § 83-1,110.03 Medical parole; revocation; effect.
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(1) If during the term of medical parole the medical condition of a medical parolee improves to the extent that he or she is no longer eligible for medical parole, the board may order that he or she be returned to the custody of the department to await a hearing to determine whet…
Neb. Rev. Stat. § 83-1,110.04 Offender under eighteen years of age when offense committed; denied parole; considered for release every year; Board of Parole; duties.
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(1) Any offender who was under the age of eighteen years when he or she committed the offense for which he or she was convicted and incarcerated shall, if the offender is denied parole, be considered for release on parole by the Board of Parole every year after the denial. (2) Du…
Neb. Rev. Stat. § 83-1,110.05 Geriatric parole; eligibility; conditions; term.
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(1) A committed offender may be eligible for geriatric parole if the committed offender: (a) Is not serving a sentence for a Class I, IA, or IB felony; is not serving a sentence for an offense that includes as an element sexual contact or sexual penetration; and is not otherwise …
Neb. Rev. Stat. § 83-1,111 Committed offender; eligible for parole; streamlined parole contract, when; release on parole; review procedures; release date set; case deferred; reconsideration.
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(1)(a) A committed offender serving an indeterminate sentence under which he or she may become eligible for parole shall be interviewed and have his or her record reviewed by two or more members of the board or a person designated by the board within sixty days before the expirat…
Neb. Rev. Stat. § 83-1,111.01 Qualified offender; streamlined parole contract; effect on release.
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(1) A qualified offender serving a sentence imposed prior to September 2, 2023, who has not yet received a review from the board shall, at the review, enter into a streamlined parole contract under this section. (2) A qualified offender serving a sentence imposed on or after Sept…
Neb. Rev. Stat. § 83-1,112 Committed offender; eligible for parole; parole plan of offender.
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(1) Each committed offender eligible for parole shall, in advance of his or her parole hearing, have a parole plan in accordance with the rules of the Board of Parole. Whenever the board determines that it will facilitate the parole hearing, it may furnish the offender with any i…
Neb. Rev. Stat. § 83-1,112.01 Person convicted of multiple violations of driving under influence of alcoholic liquor or drugs; parole eligibility.
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The board shall require any person who is incarcerated pursuant to subdivision (9) or (10) of section 60-6,197.03 to complete all diagnostic evaluations provided by the department and all programming required by the department prior to being considered eligible for parole. If the…
Neb. Rev. Stat. § 83-1,113 Board of Parole and employees; access to offender; reports on conduct and character.
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The Board of Parole and its employees shall have access at all reasonable times to any committed offender over whom the board may have jurisdiction and shall have means provided for communication with and observing the committed offender. The board shall be furnished such reports…
Neb. Rev. Stat. § 83-1,114 Board; deferment of parole; grounds.
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(1) Whenever the board considers the release of a committed offender who is eligible for release on parole, it shall order his or her release unless it is of the opinion that his or her release should be deferred because: (a) There is a substantial risk that he or she will not co…
Neb. Rev. Stat. § 83-1,115 Board of Parole; determination regarding committed offender's parole; factors considered.
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Before making a determination regarding a committed offender's release on parole, the Board of Parole shall consider the following: (1) A report prepared by the institutional caseworkers relating to his or her personality, social history, and adjustment to authority, and includin…
Neb. Rev. Stat. § 83-1,116 Committed offender; release on parole; conditions of parole.
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(1) When a committed offender is released on parole, the board shall require as a condition of parole that the offender refrain from engaging in criminal conduct and may require the offender to submit to periodic testing for drug and alcohol use. The board may also require, eithe…
Neb. Rev. Stat. § 83-1,117 Parolee; conditions of parole.
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The Board of Parole may in appropriate cases require a parolee, as a condition of his parole, either at the time of his release on parole or at any time while he remains under parole supervision, to reside in a community guidance center, boarding facility, halfway house, hospital…
Neb. Rev. Stat. § 83-1,118 Board; parolee; discharge from parole; when; department; discharge from custody; notice of civil rights.
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(1) If, in the opinion of the board, upon receipt of information from the director, a parolee has shown suitable compliance with his or her parole programming plan, the board may reduce the level of supervision for a parolee that is commensurate with the best interests of the par…
Neb. Rev. Stat. § 83-1,119 Parolee; violation of parole; parole officer; administrative sanction; report to Board of Parole; action of board.
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(1) For purposes of this section: (a) Absconding parole supervision means a parolee has purposely avoided supervision for a period of at least two weeks and reasonable efforts by a parole officer and staff to locate the parolee in person have proven unsuccessful; (b) Administrati…
Neb. Rev. Stat. § 83-1,120 Parolee; violation of parole; hearing.
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Whenever a parolee is charged with a violation of parole, he or she shall be entitled to a prompt hearing on such charge by the Board of Parole, which hearing in no event shall occur more than thirty days after receipt of the parole officer's written report. At such hearing, the …
Neb. Rev. Stat. § 83-1,121 Parolee; legal custody of Board of Parole; action of board.
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A committed offender while on parole shall remain in the legal custody and control of the Board of Parole. The board may at any time revoke the parole of an offender or recommit him or her to the custody of the Department of Correctional Services, with or without cause.
Neb. Rev. Stat. § 83-1,122 Parolee; violation of parole; action of Board of Parole.
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(1) If the board finds that the parolee has engaged in criminal conduct, the board may order revocation of the parolee's parole. (2) If the board finds that the parolee did violate a condition of parole but is of the opinion that revocation of parole is not appropriate, the board…
Neb. Rev. Stat. § 83-1,122.01 Board of Parole; jurisdiction.
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(1) Except as provided in subsection (3) of this section, the board does not have jurisdiction over a person who is committed to the department in accordance with section 29-2204.02 for a Class III, IIIA, or IV felony committed on or after August 30, 2015, unless the person is al…
Neb. Rev. Stat. § 83-1,122.02 Technical parole violation residential housing program; pilot program; participants; placement; requirements.
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(1) The department shall create a pilot program to establish a technical parole violation residential housing program. The purpose of the program is to provide accountability and intensive support for individuals on parole who commit technical violations, without revoking them fu…
Neb. Rev. Stat. § 83-1,123 Parole; revoked; action of Board of Parole.
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(1) A parolee whose parole is revoked shall be recommitted to the department until discharge from the custody of the state becomes mandatory or until reparoled by the board. (2) The time from the date of the parolee's declared delinquency until the date of arrest for the custody …
Neb. Rev. Stat. § 83-1,125 Warrant or detainer; director; board; duties.
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(1) If a warrant or detainer is placed against a committed offender by a court, parole agency, or other authority of this or any other jurisdiction, the director shall inquire before such offender becomes eligible for parole whether the authority concerned intends to execute or w…
Neb. Rev. Stat. § 83-1,125.01 Person under jurisdiction of Board of Parole; file; contents; confidential; access by Public Counsel; information accessible through criminal justice information system.
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(1) The Board of Parole and the department may maintain an individual file for each person who is under the jurisdiction of the Board of Parole. Such file may be maintained electronically and shall include, when available and appropriate, the following information on such person:…
Neb. Rev. Stat. § 83-1,126 Board of Pardons; created; members; secretary.
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There is hereby created the Board of Pardons which shall consist of the Governor, Attorney General, and Secretary of State. The Governor shall be chairperson of the board. The Secretary of State shall be secretary of the board and keep its records or designate such a record keepe…
Neb. Rev. Stat. § 83-1,126.01 Persons subject to act.
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Any person in the custody of the Department of Correctional Services or under supervision of the Board of Parole shall be subject to the provisions of the Nebraska Treatment and Corrections Act.
Neb. Rev. Stat. § 83-1,127 Board of Pardons; duties.
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The Board of Pardons shall: (1) Exercise the pardon authority as defined in section 83-170 for all criminal offenses except treason and cases of impeachment; (2) Adopt and promulgate rules and regulations for its own administration and operation; (3) Appoint and remove its employ…
Neb. Rev. Stat. § 83-1,127.01 Department of Correctional Services; provide services to Board of Pardons and Board of Parole.
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The department, subject to available resources, shall provide all accounting, budgeting, and payroll services to the Board of Pardons and the Board of Parole at no expense to such boards.
Neb. Rev. Stat. § 83-1,127.02 Board of Pardons; ignition interlock permit; ignition interlock device restriction; violation; penalty.
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(1) The Board of Pardons may, in its sole discretion, when granting a reprieve to any person who has made application pursuant to section 60-6,209, order such person to obtain an ignition interlock permit and to operate only motor vehicles equipped with an ignition interlock devi…
Neb. Rev. Stat. § 83-1,128 Board of Pardons; issue process; service; compel attendance of witnesses; fees.
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In the performance of official duties, the Board of Pardons or any member thereof shall have the power to issue subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of an inquiry, and to administer oath…
Neb. Rev. Stat. § 83-1,129 Board of Pardons; pardon authority; application; consideration.
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(1) Any person desiring the Board of Pardons to exercise its pardon authority shall request an application from its secretary. The application shall be returned to the secretary and shall state the specific relief requested and such other information as is prescribed by the board…
Neb. Rev. Stat. § 83-1,130 Board of Pardons; pardon authority; application; limitation; relief granted or denied.
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(1) After consideration of the application and after such further investigations as it may deem appropriate, the Board of Pardons shall either grant or deny the relief requested or grant such other relief as may be justified. The board may decline to accept further applications a…