Chapter 83 — STATE INSTITUTIONS
748 sections in this chapter.
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 9, § 1.
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Repealed. Laws 1980, LB 684, § 22.
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Repealed. Laws 1986, LB 674, § 9.
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Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 684, § 22.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Transferred to section 71-817.
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Repealed. Laws 1997, LB 307, § 236.
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Repealed. Laws 2001, LB 541, § 12.
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Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1083, § 149.
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[Repealed or reserved.]
Neb. Rev. Stat. § 83-170 Terms, defined.
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As used in the Nebraska Treatment and Corrections Act, unless the context otherwise requires: (1) Board means the Board of Parole; (2) Committed offender means any person who, under any provision of law, is sentenced or committed to a facility operated by the department or is sen…
Neb. Rev. Stat. § 83-171 Department of Correctional Services; created; duties.
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There is hereby created a Department of Correctional Services which shall: (1) Maintain and administer facilities required for the custody, control, correctional treatment, and rehabilitation of persons committed to the department and for the safekeeping of such other persons as …
Neb. Rev. Stat. § 83-171.01 Corrections and parole staff; performance metrics; requirements.
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The department shall establish performance metrics for corrections and parole staff. Such metrics shall measure staff efficacy in providing rehabilitative and reentry services to committed offenders and parolees. Such metrics shall: (1) Reflect a balanced approach that considers …
Neb. Rev. Stat. § 83-172 Director of Correctional Services; appointment; salary; qualifications.
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The Governor shall appoint and fix the salary of the Director of Correctional Services with the approval of the Legislature. The Director of Correctional Services shall be qualified for his position by appropriate training and experience in corrections and such director shall hav…
Neb. Rev. Stat. § 83-173 Director of Correctional Services; duties.
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The Director of Correctional Services shall: (1) Supervise and be responsible for the administration of the Department of Correctional Services; (2) Establish, consolidate, or abolish any administrative subdivision within the department and appoint and remove for cause the heads …
Neb. Rev. Stat. § 83-173.01 Director of Correctional Services; release of certain convicts; duties.
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Two weeks prior to releasing a person convicted of a Class IA felony or sexual assault in the first degree on furlough, the Director of Correctional Services shall deliver a copy of the release authorization to at least one law enforcement agency in the jurisdiction in which such…
Repealed. Laws 2023, LB157, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 83-173.03 Use of restrictive housing; levels; department; duties; use of immediate segregation.
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(1) No inmate shall be held in restrictive housing unless done in the least restrictive manner consistent with maintaining order in the facility and pursuant to rules and regulations adopted and promulgated by the department pursuant to the Administrative Procedure Act. (2) The d…
Neb. Rev. Stat. § 83-174 Registered sex offender; release or termination of supervision; notice required; county attorney; duties.
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(1) At least ninety days prior to the release from incarceration or civil commitment or the termination of probation or parole supervision of an individual who is required to register under section 29-4003, the agency with jurisdiction over the individual shall provide notice to …
Neb. Rev. Stat. § 83-174.01 Dangerous sex offender; terms, defined.
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For purposes of sections 83-174 to 83-174.05: (1) Dangerous sex offender means (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially un…
Neb. Rev. Stat. § 83-174.02 Dangerous sex offender; evaluation; Department of Correctional Services; duties; notice.
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(1) The Department of Correctional Services shall order an evaluation of the following individuals by a mental health professional to determine whether or not the individual is a dangerous sex offender: (a) Individuals who have been convicted of (i) sexual assault of a child in t…
Neb. Rev. Stat. § 83-174.03 Certain sex offenders; supervision by department; notice prior to release; risk assessment and evaluation; conditions of community supervision.
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(1) Any individual who, on or after July 14, 2006, (a) is convicted of or completes a term of incarceration for a registrable offense under section 29-4003 and has a previous conviction for a registrable offense under such section, (b) is convicted of sexual assault of a child in…
Neb. Rev. Stat. § 83-174.04 Violation of condition of community supervision; actions authorized.
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An individual who violates one or more of the conditions of community supervision established for him or her pursuant to section 83-174.03 shall undergo a review by the department to evaluate the risk posed to the public by the violation in question. The department may take any o…
Neb. Rev. Stat. § 83-174.05 Violation of conditions of community supervision; penalty.
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Failure to comply with the conditions of community supervision imposed by the department is a Class IV felony for the first offense and a Class III felony for any subsequent offense.
Neb. Rev. Stat. § 83-175 Committed person; treatment; duties.
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Whenever the Director of Correctional Services finds that a person committed to the department requires specialized treatment, or treatment of a kind that is not feasible to provide within the department, the director may place such person in institutions providing such treatment…
Neb. Rev. Stat. § 83-176 Director of Correctional Services; designate place of confinement.
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(1) Whenever any person is sentenced or committed under any provision of law to a specific facility within the department or to the custody of the warden or superintendent of such facility, he or she shall be deemed to be sentenced or committed to the department. (2) The director…
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…