Chapter 83, STATE INSTITUTIONS
357 sections in this chapter.
Neb. Rev. Stat. § 83-177 Facility; chief executive officer; designation.
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There shall be in each facility a chief executive officer designated as warden or superintendent and such deputy or associate wardens or assistant superintendents as the director determines. The chief executive officer shall be responsible to the director for the custody, control…
Neb. Rev. Stat. § 83-178 Director; records; contents; confidential; classification and treatment of persons committed.
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(1) The director shall establish and maintain, in accordance with the regulations of the department, an individual file for each person committed to the department. Each individual file shall include, when available and appropriate, the following information on such person: (a) S…
Neb. Rev. Stat. § 83-179 Person committed; physical examination; evaluation; contents; recommendations.
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Upon initial admission to a facility, each person committed to the department shall be given a physical examination and a thorough evaluation. The evaluation shall include such person's psychological, social, educational, and vocational condition and history and the motivation of…
Neb. Rev. Stat. § 83-180 Physician or psychologist; designation; duties; transfer of person committed; jurisdiction; release; conditions; director; duties.
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(1) When a physician designated by the Director of Correctional Services finds that a person committed to the department suffers from a physical disease or defect, or when a physician or psychologist designated by the director finds that a person committed to the department is me…
Neb. Rev. Stat. § 83-180.01 Risk assessment tools; study; evaluation.
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On or before October 1, 2025, the department shall complete a study examining risk assessment tools employed by the department, the board, and the Office of Probation Administration. The department shall evaluate the feasibility of establishing a unified risk assessment framework…
Neb. Rev. Stat. § 83-181 Committed offender; health care; food and clothing; access to attorney.
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(1) Each committed offender shall have regular medical and dental care. Each committed offender shall be adequately fed and clothed in accordance with the regulations of the department. No committed offender shall be required to wear stripes or other degrading apparel. (2) The de…
Neb. Rev. Stat. § 83-182 Director; establish programs; educational services and educational programming; State Department of Education; State Board of Education; powers and duties.
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(1) The director shall establish appropriate programs for each facility designed as far as practical to prepare and assist each person committed to the department to assume his or her responsibilities as a useful citizen. In developing such programs, the director shall seek to ma…
Neb. Rev. Stat. § 83-182.01 Structured programming; evaluation.
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(1) Structured programming shall be planned for all adult persons committed to the department. The structured programming shall include any of the following: Work programs, vocational training, behavior management and modification, money management, and substance abuse awareness,…
Neb. Rev. Stat. § 83-182.02 Book donations; establish program.
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The director shall establish a program to accept donations of books for use by committed offenders. The program shall seek to gather a culturally diverse selection of books.
Neb. Rev. Stat. § 83-183 Persons committed; employment; wages; use; rules and regulations.
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(1) To establish good habits of work and responsibility, to foster vocational training, and to reduce the cost of operating the facilities, persons committed to the department shall be employed, eight hours per day, so far as possible in constructive and diversified activities in…
Neb. Rev. Stat. § 83-183.01 Persons committed; wages; disposition; director; adopt rules and regulations.
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A person committed to the department, who is earning at least minimum wage and is employed pursuant to sections 81-1827 and 83-183, shall have his or her wages set aside by the chief executive officer of the facility in a separate wage fund. The director shall adopt and promulgat…
Neb. Rev. Stat. § 83-184 Person committed; authorized employment and treatment activities; funds; disposal; withholding; use; violations; effect.
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(1) When the conduct, behavior, mental attitude, and conditions indicate that a person committed to the department and the general society of the state will be benefited, and there is reason to believe that the best interests of the people of the state and the person committed to…
Neb. Rev. Stat. § 83-184.01 Restitution order; collection from wage funds.
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(1) The department, in consultation with the State Court Administrator, shall adopt and promulgate rules and regulations to provide an effective process for the transfer of funds for the purpose of satisfying restitution orders. (2) A sentencing order requiring an inmate to pay r…
Neb. Rev. Stat. § 83-186 Visitors of facilities; enumerated.
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(1) The following persons shall be allowed to visit any facility in the Department of Correctional Services at any time: (a) Members of the Legislature; (b) Members of the judiciary; (c) Members of the Board of Pardons; (d) Members of the Board of Parole; and (e) Members of the c…
Neb. Rev. Stat. § 83-186.01 Adult correctional facilities; reentry planning program; legislative findings; Department of Correctional Services; duties.
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(1) The Legislature finds that: (a) Research reveals that children who have parents involved in their lives perform better academically and socially in school, experience fewer mental health and substance abuse issues, and are less likely to commit serious crime; (b) Strategies t…
Neb. Rev. Stat. § 83-187 Release of person committed; procedures.
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(1) When a person committed to the department is released from a facility on parole, on post-release supervision, or upon final discharge, the person shall be returned any personal possessions taken upon confinement, and the chief executive officer of the facility shall furnish t…
Neb. Rev. Stat. § 83-187.01 Legislative intent.
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The Legislature affirms the importance of parole as a program for the supervised release of inmates making the transition from confinement to responsible citizenship. Therefor the Legislature intends that committed offenders who are eligible for parole have the opportunity to com…
Neb. Rev. Stat. § 83-188 Board of Parole; created; act, how construed; employees.
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(1) There is hereby created the Board of Parole. For administrative purposes only, the board shall be within the Board of Pardons. Nothing in the Nebraska Treatment and Corrections Act shall be construed to give the director or the Board of Pardons any authority, power, or respon…
Neb. Rev. Stat. § 83-189 Board of Parole; members; appointment; qualifications; chairperson; duties.
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The Board of Parole shall consist of five full-time members to be appointed by the Governor. The members of the board shall be of good character and judicious temperament. The members of the board shall have all the powers and duties of board members commencing on the date of app…
Neb. Rev. Stat. § 83-190 Board of Parole; members; terms; removal; procedure.
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(1) The members of the Board of Parole shall have terms of office of six years and until their successors are appointed. The successors shall be appointed in the same manner as provided for the members first appointed, and a vacancy occurring before expiration of a term of office…
Neb. Rev. Stat. § 83-191 Board of Parole; members; restriction on activities; salary.
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The members of the Board of Parole shall devote full time to their duties with such board and shall not engage in any other business or profession or hold any other public office. No member shall, at the time of his or her appointment or during his or her tenure, serve as the rep…
Neb. Rev. Stat. § 83-191.01 Board of Parole; rules and regulations.
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The board shall adopt and promulgate rules and regulations that include: (1) Clearly defined and easily understood written mission statements and strategic plans encompassing public safety and rehabilitation. The board shall align such statements and plans with those of the depar…
Neb. Rev. Stat. § 83-192 Board of Parole; chairperson; powers; duties.
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(1) The Board of Parole shall: (a) Determine the time of release on parole of committed offenders eligible for such release; (b) Fix the conditions of parole, revoke parole, issue or authorize the issuance of warrants for the arrest of parole violators, and impose other sanctions…
Neb. Rev. Stat. § 83-192.01 Board of Parole Grant Awards Cash Fund; created; use; investment.
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The Board of Parole Grant Awards Cash Fund is created. All funds received by virtue of public grants awarded to the Board of Parole shall be remitted to the State Treasurer for credit to the fund. The fund shall be utilized by the board for the purposes stated in the individual g…
Neb. Rev. Stat. § 83-193 Board of Parole; no jurisdiction over person neglected, dependent, delinquent, or in need of special supervision.
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The Board of Parole shall not have jurisdiction over persons who are committed to the Department of Correctional Services after being found neglected, dependent, delinquent or in need of special supervision in accordance with the provisions of Chapter 43, article 2.
Neb. Rev. Stat. § 83-194 Board of Parole; advise Board of Pardons upon request.
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The Board of Parole shall, when requested by the Board of Pardons, advise it concerning applications requesting the exercise of pardon authority and shall make such investigation and collect such records as may bear on such applications.
Neb. Rev. Stat. § 83-195 Board of Parole; issue process; service; compel attendance of witnesses; fees.
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In the performance of its duties, the Board of Parole, 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 oaths an…
Neb. Rev. Stat. § 83-196 Board of Parole; quorum; decisions; record.
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Three members of the Board of Parole shall constitute a quorum for the purpose of transacting any official business. The decisions of the Board of Parole shall be by majority vote. The board shall keep a record of its acts and shall notify the Director of Correctional Services of…
Neb. Rev. Stat. § 83-196.01 Board of Parole; determination regarding parole; requirements.
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(1) This section applies to the board whenever it makes a determination of whether to grant or deny parole, sets the conditions of parole, or determines the sanctions for a violation of parole. (2) The board shall serve as an impartial, neutral, and objective decisionmaker and sh…
Neb. Rev. Stat. § 83-196.02 Board of Parole; decisions regarding parole; considerations.
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When making decisions regarding parole, the board shall consider information and reports provided by the Reentry Continuity Advisory Board created under section 47-1117.
Neb. Rev. Stat. § 83-197 Department of Correctional Services; records to be kept.
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The Board of Parole shall have the power to direct the Director of Correctional Services to keep records concerning committed offenders which the board deems pertinent to its functions.
Neb. Rev. Stat. § 83-198 Prohibited acts; violation; penalty.
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A person shall be guilty of a Class IV felony if he or she threatens or attempts to threaten harm to a member or an employee of the Board of Parole with the purpose to influence a decision, an opinion, a recommendation, a vote, or any other exercise of discretion as member or emp…
Neb. Rev. Stat. § 83-199 Board of Parole; provision of law not applicable.
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The provisions of the Administrative Procedure Act shall not apply to the Board of Parole or to the exercise of its functions.
Neb. Rev. Stat. § 83-217 Beatrice State Developmental Center; designation.
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The Nebraska institution for persons with intellectual disabilities who require residential care shall be known and designated as the Beatrice State Developmental Center.
Neb. Rev. Stat. § 83-218 Beatrice State Developmental Center; purpose.
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The Beatrice State Developmental Center shall provide residential care and humane treatment for those persons with intellectual disabilities who require residential care, shall study to improve their condition, shall classify them, and shall furnish such training in industrial, m…
Neb. Rev. Stat. § 83-223 Order of commitment where mentally handicapped person is an inmate in a state institution.
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Where the person named in the petition for commitment is a resident, patient, or inmate of a state institution, the court may commit the person to the care and custody of the Department of Health and Human Services. The department may, in its discretion, detain the resident, pati…
Neb. Rev. Stat. § 83-227.01 Beatrice State Developmental Center; patients transferred to temporary surplus space in regional centers at Lincoln and Norfolk; care, custody, and treatment.
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The Department of Health and Human Services is authorized to utilize space which is temporarily surplus to the needs of the Lincoln Regional Center and the Norfolk Regional Center facilities under their jurisdiction for patients committed to or lawfully confined in the Beatrice S…
Neb. Rev. Stat. § 83-227.02 Inmates; transfer; care; cost; exception.
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(1) The Department of Health and Human Services is authorized to use space which is temporarily surplus to the needs of any institution under its control, except as provided in subsection (2) of this section, for the care, custody, and treatment of the inmates of any other such i…
Neb. Rev. Stat. § 83-305 State hospitals for the mentally ill; official titles.
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The state hospital established in Lancaster County for the treatment of mental illnesses shall be known as the Lincoln Regional Center. The state hospital established in Madison County shall be known as the Norfolk Regional Center.
Neb. Rev. Stat. § 83-305.01 Psychiatric services; administration.
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Psychiatric services under the control of the Board of Regents of the University of Nebraska shall be under the jurisdiction of the Chancellor of the University of Nebraska Medical Center, who shall report to the Board of Regents through the President of the University of Nebrask…
Neb. Rev. Stat. § 83-305.02 Psychiatric services; operation; laws governing.
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The psychiatric services at the University of Nebraska Medical Center shall operate and be subject to sections 83-305 to 83-357.
Neb. Rev. Stat. § 83-305.03 University of Nebraska Medical Center; temporary transfers of individuals from other institutions; procedure; responsibility; expense.
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The Department of Health and Human Services or the Director of Correctional Services may order the temporary transfer of any person committed to the Department of Health and Human Services or the Department of Correctional Services to the University of Nebraska Medical Center wit…
Neb. Rev. Stat. § 83-305.04 Regional centers; rehabilitation model.
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The Department of Health and Human Services shall utilize a rehabilitation model when appropriate for services provided at the regional centers under the jurisdiction of the department. For purposes of this section, rehabilitation model means a comprehensive approach to treatment…
Neb. Rev. Stat. § 83-305.05 Hastings Correctional Behavioral Health Treatment Center; feasibility study; program statement.
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(1) The Legislature finds that a need exists for additional behavioral health treatment beds for inmates in the state correctional system. In order to follow an orderly and reasonable process based upon defined and documented need and an analysis of the utilization of existing fa…
Neb. Rev. Stat. § 83-313 Department of Health and Human Services; trustee for state hospitals for the mentally ill.
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The Department of Health and Human Services shall hold in trust, for the state hospitals for the mentally ill, all real or personal property given or bequeathed, to be applied for any purpose connected with the institutions.
Neb. Rev. Stat. § 83-314 State hospitals for the mentally ill; patients' correspondence; supplies; mailing; exception.
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Every patient in any state hospital for the mentally ill shall be allowed to write whenever the patient desires and to whomever the patient may choose, and the chief executive officer of the hospital, upon request, shall supply each patient, not otherwise supplied, with suitable …
Neb. Rev. Stat. § 83-324 Department; voluntary application for admission.
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The Department of Health and Human Services may accept patients for care and treatment upon the written application of a patient. Such written application may be made by persons desiring to receive care and treatment in one of the state hospitals for the mentally ill to the chief…
Neb. Rev. Stat. § 83-336 Department; mental health board; forms; rules and regulations.
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The Department of Health and Human Services shall provide the mental health boards with blanks for warrants, certificates, and other forms, such as will enable them to comply with sections 83-313 to 83-357, and also with printed copies of the applicable rules and regulations of t…
Neb. Rev. Stat. § 83-338 State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report.
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(1) If at any time it becomes necessary, for lack of capacity or other cause, to establish priorities for the admission of patients into the state hospitals for the mentally ill, admission shall be limited to: (a) Patients whose care in the state hospital is necessary in order to…
Neb. Rev. Stat. § 83-340 State hospitals for the mentally ill; voluntary patient; discharge; when.
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Any voluntary patient in a state hospital for the mentally ill who no longer meets the clinical and legal requirements for treatment at such hospital shall be discharged by the chief executive officer of such hospital.