Chapter 83, STATE INSTITUTIONS
357 sections in this chapter.
Neb. Rev. Stat. § 83-4,122 Disciplinary procedures; director establish; principles.
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In disciplinary cases which may involve the imposition of disciplinary isolation or the loss of good-time credit, the director shall establish disciplinary procedures consistent with the following principles: (1) Any person or persons who initiate a disciplinary charge against an…
Neb. Rev. Stat. § 83-4,123 Access to courts and legal assistance unrestricted.
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Nothing in sections 83-4,109 to 83-4,123 shall be construed as to restrict or impair an inmate's free access to the courts and necessary legal assistance in any cause of action arising under such sections or to judicial review for disciplinary cases which involve the imposition o…
Neb. Rev. Stat. § 83-4,124 Legislative intent; Jail Standards Board; created; administration by Nebraska Commission on Law Enforcement and Criminal Justice; members; qualifications; terms; expenses.
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(1) It is hereby declared to be the policy of the State of Nebraska that all criminal detention facilities in this state shall conform to certain minimum standards of construction, maintenance, and operation and that all juvenile detention facilities and staff secure juvenile fac…
Neb. Rev. Stat. § 83-4,125 Detention and juvenile facilities; terms, defined.
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For purposes of sections 83-4,124 to 83-4,134.02: (1) Criminal detention facility means any institution operated by a political subdivision or a combination of political subdivisions for the careful keeping or rehabilitative needs of adult or juvenile criminal offenders or those …
Neb. Rev. Stat. § 83-4,126 Jail Standards Board; powers and duties; enumerated.
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(1) Except as provided in subsection (2) of this section, the Jail Standards Board shall have the authority and responsibility: (a) To develop minimum standards for the construction, maintenance, and operation of criminal detention facilities; (b) To perform other duties as may b…
Neb. Rev. Stat. § 83-4,127 Jail Standards Board; develop and implement standards for criminal detention facilities.
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On or before July 1, 1979, the Jail Standards Board shall study, develop, and implement minimum standards for the construction, maintenance, and operation of criminal detention facilities pursuant to sections 83-4,128 to 83-4,130.
Neb. Rev. Stat. § 83-4,128 Criminal detention facilities; minimum construction standards.
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The minimum standards for the construction of criminal detention facilities shall include but not be limited to standards for the planning, design, or actual construction of new, modified, or renovated facilities, in excess of five thousand dollars.
Neb. Rev. Stat. § 83-4,129 Criminal detention facilities; maintenance standards; enumerated.
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The standards for the maintenance of criminal detention facilities shall include but not be limited to standards for: (1) The staffing, training, and demeanor of personnel; (2) The procedures for the admission and release of prisoners; (3) The assignment procedures for assigning …
Neb. Rev. Stat. § 83-4,130 Criminal detention facilities; operation standards; enumerated.
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The standards for the operation of criminal detention facilities shall include but not be limited to standards for: (1) The classification and reclassification of prisoners; (2) The rehabilitative services required for prisoners; (3) The disciplinary procedures for prisoners; (4)…
Neb. Rev. Stat. § 83-4,131 Detention and staff secure juvenile facility; inspection; report.
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Personnel of the Nebraska Commission on Law Enforcement and Criminal Justice shall visit and inspect each criminal detention facility, juvenile detention facility, and staff secure juvenile facility in the state, except correctional facilities accredited by a nationally recognize…
Neb. Rev. Stat. § 83-4,132 Detention and staff secure juvenile facility; inspection; failure to meet minimum standards; corrective action.
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If an inspection under sections 83-4,124 to 83-4,134.02 discloses that the criminal detention facility, juvenile detention facility, or staff secure juvenile facility does not meet the minimum standards established by the Jail Standards Board, the board shall send notice, togethe…
Neb. Rev. Stat. § 83-4,133 Detention and staff secure juvenile facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal.
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If the governing body of the juvenile detention facility, criminal detention facility, or staff secure juvenile facility fails to initiate corrective action within six months after the receipt of such inspection report, fails to correct the disclosed conditions, or fails to close…
Neb. Rev. Stat. § 83-4,134 Detention and staff secure juvenile facility; standards applicable; when; violation of standards; effect.
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Sections 83-4,124 to 83-4,134.01 shall be implemented upon completion of the development of minimum standards by the Jail Standards Board. Thereafter, inspections shall begin, but no criminal detention facility, juvenile detention facility, or staff secure juvenile facility shall…
Neb. Rev. Stat. § 83-4,134.01 Juvenile facility; legislative intent; placement in room confinement; provisions applicable; report; Division of Legislative Oversight; duties; disciplinary action.
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(1) It is the intent of the Legislature to establish a system of investigation and performance review in order to provide increased accountability and oversight regarding the use of room confinement for juveniles in a juvenile facility. (2) The following shall apply regarding pla…
Neb. Rev. Stat. § 83-4,134.02 Placement of juvenile in room confinement; restrictions on placement; conditions; release; facility; duties; monitoring.
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(1) This section applies to placement of a juvenile in room confinement in the following facilities: A juvenile detention facility, staff secure juvenile facility, facility operated by the Department of Correctional Services, or youth rehabilitation and treatment center operated …
Neb. Rev. Stat. § 83-4,135 Inmate; right to file grievance; procedure.
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An inmate shall have the right to file a grievance on any subject except disciplinary actions and matters over which the Department of Correctional Services has no control. Grievance procedures shall provide for the review of grievances by a person or persons other than the perso…
Neb. Rev. Stat. § 83-4,136 Grievance review procedures; records.
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Grievance review procedures shall provide that a record of grievances and any decision made with respect to such grievances shall be preserved for a period of one year.
Neb. Rev. Stat. § 83-4,137 Grievance review procedures; grievance to go to director, Public Counsel, or other appropriate person.
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Grievance review procedures shall allow inmates to communicate grievances directly to the Director of Correctional Services, the office of the Public Counsel, or any other appropriate person outside the Department of Correctional Services.
Neb. Rev. Stat. § 83-4,138 Grievance procedures; inmates to be informed of procedures.
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All inmates shall be informed of the grievance procedures established by the department and copies of such procedures shall be available to all inmates.
Neb. Rev. Stat. § 83-4,139 Use of grievance procedure unrestricted.
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Discipline shall not be imposed because of use of the grievance procedure.
Neb. Rev. Stat. § 83-4,142 Department of Correctional Services; duties; legislative intent.
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The Department of Correctional Services shall develop and implement an incarceration work camp for placement of felony offenders as a transitional phase prior to release on parole or as assigned by the Director of Correctional Services pursuant to subsection (2) of section 83-176…
Neb. Rev. Stat. § 83-4,143 Eligibility for incarceration work camp; Board of Parole or Director of Correctional Services; considerations; duration.
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(1) It is the intent of the Legislature that the Board of Parole may recommend placement of felony offenders at the incarceration work camp. The offenders recommended by the board shall be offenders currently housed at other Department of Correctional Services adult correctional …
Neb. Rev. Stat. § 83-4,144 Incarceration work camp; release on parole.
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An offender placed in an incarceration work camp pursuant to a recommendation of the Board of Parole shall be released on parole upon successful completion, as determined by the board, of the incarceration work camp program.
Neb. Rev. Stat. § 83-4,145 Incarceration work camp; failure to complete program; effect.
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An offender placed at the incarceration work camp pursuant to a recommendation of the Board of Parole who fails to successfully complete the incarceration work camp program shall be returned to the board for a rescission hearing. Credit shall be given for time actually served in …
Neb. Rev. Stat. § 83-4,146 Incarceration work camp; costs.
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All costs incurred during the period the offender is committed to an incarceration work camp shall be the responsibility of the state, including the cost of transporting the offender to the incarceration work camp and for returning the offender to the appropriate Department of Co…
Neb. Rev. Stat. § 83-4,147 Report; contents.
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An annual progress report shall be provided electronically to the Legislature ensuring that all programmatic objectives are being met. The report shall include an evaluation of the impact of the multi-treatment programs, including program costs, educational achievement, inmate di…
Neb. Rev. Stat. § 83-4,153 Act, how cited.
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Sections 83-4,153 to 83-4,165 shall be known and may be cited as the Nebraska Correctional Health Care Services Act.
Neb. Rev. Stat. § 83-4,154 Terms, defined.
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For purposes of the Nebraska Correctional Health Care Services Act: (1) Community standard of health care means medical care of the type, quality, and amount that any individual residing within the community in question could expect to receive in that community; (2) Department me…
Neb. Rev. Stat. § 83-4,155 Community standard of health care.
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In administering health care services, the department shall provide a community standard of health care to all inmates.
Neb. Rev. Stat. § 83-4,156 Medical director; appointment.
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The Director of Correctional Services shall appoint a medical director for the department who shall be a medical doctor. The medical director shall be a person familiar with principles of quality assurance and internal credentialing procedures and shall be under the sole immediat…
Neb. Rev. Stat. § 83-4,157 Medical director; duties.
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The medical director shall: (1) Coordinate all clinical services; (2) Participate in the selection and supervision of all clinical staff employed by or under contract with the department, including medical doctors, physician assistants, pharmacists, pharmacy technicians, register…
Neb. Rev. Stat. § 83-4,158 Internal credentialing program.
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The internal credentialing program shall include for each health care staff member being considered for employment or retention (1) an investigation of the history of the health care staff member using (a) when possible, the national practitioner data bank under the federal Healt…
Neb. Rev. Stat. § 83-4,159 Health care personnel and clinics; requirements.
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(1) In assigning health care staff to the correctional facilities under the control of the department, the medical director shall ensure that each facility has at least one designated medical doctor on call at all times and that each facility housing more than five hundred inmate…
Neb. Rev. Stat. § 83-4,160 Medical treatment protocols.
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All medical treatment protocols developed, approved, and implemented by the department shall be based upon a community standard of health care. When applicable, these medical treatment protocols shall emphasize the need to maintain the continuity of any previously prescribed drug…
Neb. Rev. Stat. § 83-4,161 Communicable diseases; medical treatment protocols.
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In developing medical treatment protocols for the clinics, the medical director shall define the circumstances under which chronically ill inmates should return to the chronic care clinics for check-ups and when appointments should be made for chronically ill inmates to next be e…
Neb. Rev. Stat. § 83-4,162 Drugs; medical treatment protocols.
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The medical director shall develop and implement medical treatment protocols regarding the use of drugs, devices, or biologicals for the treatment of inmates and shall ensure that those protocols are consistent with a community standard of health care. In developing these protoco…
Neb. Rev. Stat. § 83-4,163 Surgical procedures; medical treatment protocols.
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The medical director shall develop and implement medical treatment protocols for common surgical procedures. In developing these protocols, the medical director shall ensure that the medical treatment protocols include: (1) Provisions defining procedures that are considered to be…
Neb. Rev. Stat. § 83-4,164 Peer review and quality assurance program.
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The peer review and quality assurance program developed and implemented by the medical director shall provide for the ongoing review of the quality of health care services. This peer review and quality assurance program shall be carried out by a peer review and quality assurance …
Neb. Rev. Stat. § 83-4,165 Medical program; accreditation.
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The department shall seek accreditation of its medical program by the American Correctional Association Commission on Accreditation for Corrections.
Neb. Rev. Stat. § 83-415 Department of Correctional Services; violence; suppression.
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When any committed offender offers violence to any officer or employee of the Department of Correctional Services or to any other person or committed offender, or attempts to do any injury to the buildings, or to any workshop or to any appurtenances thereof, or disobeys or resist…
Neb. Rev. Stat. § 83-417 Allow committed offender to escape or have unauthorized visitation or communication; penalty.
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Any person who purposely or knowingly allows any committed offender to escape or, without the approval of the chief executive officer of the facility, allows any offender to be visited, conversed with, comforted, or relieved or conveys to or from any committed offender any commun…
Neb. Rev. Stat. § 83-420 Federal prisoners; expenses.
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The Director of Correctional Services shall receive, safely keep, and subject to the discipline of the Department of Correctional Services, any criminal convicted of any crime against the United States, and sentenced to confinement therein by any court of the United States sittin…
Neb. Rev. Stat. § 83-422 Delivering prisoners to chief executive officer; documents.
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When any convicted prisoner is delivered to the chief executive officer, the officer having the prisoner in charge shall deliver to the chief executive officer a certified copy of the sentence received by the officer from the clerk of the district court and shall take from the ch…
Neb. Rev. Stat. § 83-423 Costs; transporting prisoners; returning fugitives from justice; counties to pay.
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Each county shall pay the costs of transporting convicted prisoners to any Department of Correctional Services adult facility and the cost of returning fugitives from justice.
Neb. Rev. Stat. § 83-424 Fees and expenses; transporting prisoners; mileage; paid by county where crime was committed; amounts.
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The expenses and fees of sheriffs and other officers incurred in conveying convicted prisoners to any Department of Correctional Services adult facility shall be examined, adjusted, and approved by the county board and paid out of the treasury of the county in which the crime was…
Neb. Rev. Stat. § 83-427 Adult facility; escapee.
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When any inmate escapes from any Department of Correctional Services adult facility, the chief executive officer of the facility shall use all proper means for the apprehension of the inmate.
Neb. Rev. Stat. § 83-443 Financial interest in inmate labor prohibited; violation; penalty.
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No officer or employee of the Department of Correctional Services who has charge, control, or direction of any inmates shall be in any manner whatever financially interested in the work or profit of the labor of any inmate, and no such officer or employee shall receive any pay, g…
Neb. Rev. Stat. § 83-444 Department officers and employees; interest in prison work prohibited.
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No officer or employee of the Department of Correctional Services shall employ inmates on work in which he or she or any other officer has a personal interest. No such officer or employee shall be connected with or have any interest in the business or shops belonging to the depar…
Neb. Rev. Stat. § 83-454 Howard's Day; observance in all state penal and reformatory institutions.
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The second day of September in each year, the birthday of John Howard, the author of prison reform throughout the world, shall be observed as a legal holiday in all the penal and reformatory institutions of this state and shall be known as "Howard's Day".
Neb. Rev. Stat. § 83-801 Interstate Compact on Mental Health; contents.
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The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein, in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH Article I The party states find that the proper and expeditio…