Chapter 83, STATE INSTITUTIONS
357 sections in this chapter.
Neb. Rev. Stat. § 83-802 Chief executive officer of Department of Health and Human Services; duties.
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Pursuant to the compact as provided in section 83-801, the chief executive officer of the Department of Health and Human Services or such person as the chief executive officer may designate shall be the compact administrator and shall have the power to promulgate rules and regula…
Neb. Rev. Stat. § 83-803 Compact administrator; powers.
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The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of a…
Neb. Rev. Stat. § 83-804 Compact administrator; arrange for payments to discharge financial obligations.
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The compact administrator, with the approval of the state budget officer and the Governor, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Neb. Rev. Stat. § 83-805 Compact administrator; consult with family of proposed transferee; transfer; approval of court.
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The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without the approval of the c…
Neb. Rev. Stat. § 83-806 Secretary of State; authorized copies; distribution.
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Duly authorized copies of sections 83-801 to 83-806 shall, upon their approval be transmitted by the Secretary of State to the Governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments.
Neb. Rev. Stat. § 83-901 Sections; purpose.
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The purpose of sections 68-621, 72-249, 72-1302 to 72-1304, 81-101, 81-102, 81-1021, 83-101.08, 83-107.01, 83-108, 83-112, 83-135, 83-139, 83-140, 83-144, 83-145, 83-147 to 83-150, 83-153 to 83-156, 83-170 to 83-173, 83-186, 83-188, 83-443, and 83-901 to 83-916 is to establish an…
Neb. Rev. Stat. § 83-902 Department of Correctional Services; seal; certification of documents.
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The Department of Correctional Services shall adopt a seal. Copies of all records or other instruments in the department, when certified by the department as true copies and bearing the seal thereof, shall be received in any court as prima facie evidence of the original records o…
Neb. Rev. Stat. § 83-903 Reentry program; development; reentry program administrator; purpose of program; parolees; reentry plans; department; duties.
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(1) The Department of Correctional Services, in consultation with the Board of Parole, shall develop a reentry program for individuals incarcerated in a department correctional facility, individuals who have been discharged from a department correctional facility within the prior…
Neb. Rev. Stat. § 83-903.01 State identification card; motor vehicle operator's license; department; duties.
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(1) Prior to the discharge of an individual from a facility of the Department of Correctional Services, the department shall provide such individual with an opportunity to obtain a state identification card or renew a motor vehicle operator's license. (2) The Office of Probation …
Neb. Rev. Stat. § 83-904 Vocational and Life Skills Program; created; Vocational and Life Skills Programming Fund; created; use; investment; reports.
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(1) The Vocational and Life Skills Program is created within the Department of Correctional Services, in consultation with the Board of Parole. The program shall provide funding to aid in the establishment and provision of community-based vocational training and life skills train…
Neb. Rev. Stat. § 83-905 Department; control of adult corrections and secure youth facility.
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The Department of Correctional Services shall have oversight and general control of all state adult correctional institutions and the secure youth facility. The Secure Youth Confinement Facility is a physically secure, coeducational facility designed to provide secure confinement…
Neb. Rev. Stat. § 83-906 Staffing analysis; report.
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The Department of Correctional Services shall conduct a department-wide staffing analysis of all positions, including a specific analysis regarding behavioral health staffing, in an effort to make a comprehensive determination of staffing needs. Concurrently, the department shall…
Neb. Rev. Stat. § 83-907 Correctional system overcrowding emergency; Department of Correctional Services and Board of Parole; plan; contents; report.
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To ensure public safety in the event a correctional system overcrowding emergency is ever declared or determined to exist, the Department of Correctional Services and the Board of Parole shall submit to the Legislature a proposed plan which describes the process of implementing t…
Neb. Rev. Stat. § 83-908 Department of Correctional Services; estimate of appropriations; prepare.
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The Department of Correctional Services shall prepare an estimate of the appropriations necessary for the support and needed improvements of the institutions under its charge, and a report of their operation during the preceding year, for the use of the Legislature. The estimate …
Neb. Rev. Stat. § 83-909 Department; gather information; encourage scientific investigation.
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The Department of Correctional Services shall gather demographic information for statistical reporting purposes, shall encourage scientific investigation of the treatment of delinquency and crime, shall provide forms for statistical returns to be made by the institutions in their…
Neb. Rev. Stat. § 83-910 Director; employees; inquiries to determine fitness for duties; investigation and report to Governor.
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The Director of Correctional Services may examine any employee of the Department of Correctional Services and make such inquiries as will determine the employee's fitness for his or her respective duties, and the director shall investigate and report to the Governor any abuses or…
Neb. Rev. Stat. § 83-911 Director; information for Legislature.
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The Director of Correctional Services shall be prepared to give any information desired by the Legislature concerning the institutions under his control, and his administration shall be subject to examination under oath by a legislative committee touching any matter in regard to …
Neb. Rev. Stat. § 83-912 Director, employee; no gift or gratuity; violation; removal from office.
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Neither the Director of Correctional Services nor any employee of the Department of Correctional Services shall receive from any person, firm, or corporation having dealings with the department, or from any employee or representative of such person, firm, or corporation, any gift…
Neb. Rev. Stat. § 83-913 Cash received; remit to State Treasurer; report to department.
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All money derived from any source in any institution controlled by the Department of Correctional Services shall be remitted to the State Treasurer by the proper executive officer on the first day of each month. Detailed reports showing the source of all money received shall be m…
Neb. Rev. Stat. § 83-913.01 Department of Correctional Services Facility Cash Fund; created; how funded; investment; disbursements; how made.
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(1) There is hereby created the Department of Correctional Services Facility Cash Fund. Except as otherwise provided, all money derived from any source in any facility under the supervision of the Department of Correctional Services shall be remitted to the State Treasurer in acc…
Neb. Rev. Stat. § 83-914 Emergency Revolving Fund; funding; accounting.
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An Emergency Revolving Fund, not to exceed six thousand dollars for any one institution or the central office of the Department of Correctional Services, upon order of the Director of Correctional Services, shall be drawn from the State Treasurer, to be used by the chief executiv…
Neb. Rev. Stat. § 83-915 Trust funds; investment; income; use.
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The Department of Correctional Services shall invest any surplus trust funds belonging to inmates in its custody with the state investment officer. The interest accruing from any investments shall be credited to the Inmate Welfare and Club Accounts Fund created under section 83-9…
Neb. Rev. Stat. § 83-915.01 Inmate Welfare and Club Accounts Fund; created; use; investment.
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The Inmate Welfare and Club Accounts Fund is created. The fund shall consist of revenue from soft drinks sold to inmates in the custody of the Department of Correctional Services, including proceeds from recycling cans or other containers containing such soft drinks, profit from …
Neb. Rev. Stat. § 83-916 Buildings; erection; repair and improvement; contracts; bidding; procedure; exceptions; bond.
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(1) The Department of Correctional Services shall have general charge of the erection of new buildings, the repair and improvement of buildings, including fire escapes, and the improvement of grounds. (2) Buildings and other improvements costing more than fifty thousand dollars, …
Neb. Rev. Stat. § 83-917 Reentry Cash Fund; created; use; investment.
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The Reentry Cash Fund is created. The fund shall be administered by the Department of Correctional Services. The State Treasurer shall credit funds remitted pursuant to sections 33-157 and 83-184 and donations or contributions from public or private sources to the Reentry Cash Fu…
Neb. Rev. Stat. § 83-918 Strategic plan; contents; report; appear at hearing.
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(1) For each biennium, the Department of Correctional Services shall, as part of the appropriations request process pursuant to subsection (1) of section 81-132, include a strategic plan that identifies the main purpose or purposes of each program, verifiable and auditable key go…
Neb. Rev. Stat. § 83-919 Correctional officer; protective vest; required.
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The Department of Correctional Services shall provide each correctional officer, as part of the standard uniform, with a protective vest designed to protect against edged weapons and stabbings. Each such vest shall be fitted to the officer.
Neb. Rev. Stat. § 83-920 Reentry service center pilot programs; report.
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(1) Beginning October 1, 2024, the Department of Correctional Services shall electronically submit a quarterly report to the Judiciary Committee of the Legislature and the Appropriations Committee of the Legislature regarding any reentry service center pilot programs being conduc…
Neb. Rev. Stat. § 83-922 Department of Correctional Services; duties; divisions enumerated.
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The Department of Correctional Services shall fulfill those functions of state government relating to the custody, study, care, discipline, training, and treatment of persons in correctional and detention institutions. There shall be separate divisions within the department to as…
Neb. Rev. Stat. § 83-924 Assistant director; duties, powers, and responsibilities.
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Subject to the supervision and approval of the Director of Correctional Services, each assistant director shall have the following duties, powers, and responsibilities: (1) To coordinate and direct all programs and facilities under his or her jurisdiction; (2) To select and manag…
Neb. Rev. Stat. § 83-924.01 Correctional Services Insurance Proceeds Fund; created; use; investment.
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The Correctional Services Insurance Proceeds Fund is created. The fund shall consist of insurance claim proceeds received by the Department of Correctional Services. The fund shall be used for operating or capital costs incurred by the department. The fund shall be administered b…
Neb. Rev. Stat. § 83-931 Assistant director of the Division of Community-Centered Services; qualifications.
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The Director of Correctional Services shall appoint as assistant director of the Division of Community-Centered Services any person who has an appropriate academic background and adequate training and experience.
Neb. Rev. Stat. § 83-932 Division of Community-Centered Services; duties.
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The Division of Community-Centered Services shall: (1) Coordinate all adult parole programs and services in the state and supervise the administration of such programs and services; (2) Cooperate with the Division of Adult Services in the coordination of volunteer programs in the…
Neb. Rev. Stat. § 83-936 Adult Diagnostic and Evaluation Services Program; duties.
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There is hereby established the Adult Diagnostic and Evaluation Services Program within the Division of Adult Services. Subject to the supervision of the assistant director of the division, the program shall: (1) Establish programs for the observation, testing, and examination, b…
Neb. Rev. Stat. § 83-938 Division of Adult Services; assistant director; qualifications.
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The Director of Correctional Services shall appoint as assistant director of the Division of Adult Services any person who shall have an appropriate background in adult institutional correctional programs and adequate training and experience in correctional administrative work.
Neb. Rev. Stat. § 83-939 Division of Adult Services; duties.
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The Division of Adult Services shall: (1) Establish, administer, and supervise all correctional facilities designed to house adult offenders; (2) Establish and maintain the Adult Diagnostic and Evaluation Services Program; (3) Develop and coordinate with the assistance of the Div…
Neb. Rev. Stat. § 83-942 Division of Administrative Services; assistant director; qualifications.
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The Director of Correctional Services shall appoint as assistant director of the Division of Administrative Services any person who shall have a thorough academic background and practical experience in correctional administrative work.
Neb. Rev. Stat. § 83-943 Division of Administrative Services; duties.
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The Division of Administrative Services shall coordinate and supervise services available to all divisions of the Department of Correctional Services from a centralized location within the department. Such services shall include: (1) Providing technical assistance on budget prepa…
Neb. Rev. Stat. § 83-956 Treaty; transfer of convicted offenders to foreign countries; Director of Correctional Services; duties.
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If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize th…
Neb. Rev. Stat. § 83-957 Central warehouse system; authorized.
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The Department of Correctional Services is authorized to develop a central warehouse system for the ordering, purchasing, delivering, and billing for facilities and programs within the Department of Correctional Services of items stocked in the central warehouse system. The centr…
Neb. Rev. Stat. § 83-958 Department of Correctional Services Warehouse Revolving Fund; created; use; investment.
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There is hereby created the Department of Correctional Services Warehouse Revolving Fund. This fund shall only be used for the purchase of items to be resold at cost to facilities and programs within the Department of Correctional Services. Facilities and programs within the depa…
Neb. Rev. Stat. § 83-959 Separate budget programs required.
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The budget division of the Department of Administrative Services shall administratively create a separate budget program classification within the Department of Correctional Services to properly account for revenue and disbursements of items stocked and sold by the central wareho…
Neb. Rev. Stat. § 83-960 Act, how cited.
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Sections 83-960 to 83-963 shall be known and may be cited as the Correctional System Overcrowding Emergency Act.
Neb. Rev. Stat. § 83-961 Terms, defined.
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For purposes of the Correctional System Overcrowding Emergency Act: (1) Board means the Board of Parole; (2) Committed offender has the definition found in section 83-170; (3) Department means the Department of Correctional Services; (4) Design capacity means the total designed b…
Neb. Rev. Stat. § 83-962 Correctional system overcrowding emergency; director; Board of Parole; duties.
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(1) A correctional system overcrowding emergency shall exist whenever the director certifies that the department's inmate population is over one hundred forty percent of operational capacity. The director shall so certify within thirty days after the date on which the population …
Neb. Rev. Stat. § 83-963 Department; board; reports; contents.
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(1) The department shall prepare an annual report on committed offenders who are paroled or granted controlled release pursuant to the Correctional System Overcrowding Emergency Act for each year the department is operating under an overcrowding emergency as defined in section 83…
Neb. Rev. Stat. § 83-964 Sentence of death; how enforced.
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A sentence of death shall be enforced by the intravenous injection of a substance or substances in a quantity sufficient to cause death. The lethal substance or substances shall be administered in compliance with an execution protocol created and maintained by the Department of C…
Neb. Rev. Stat. § 83-965 Director of Correctional Services; written execution protocol; contents.
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(1) A sentence of death shall be enforced by the Director of Correctional Services. Upon receipt of an execution warrant, the director shall proceed at the time named in the warrant to enforce the sentence, unless the director is informed that enforcement of the sentence has been…
Neb. Rev. Stat. § 83-966 Lethal injection; participation of professional; how treated under other law.
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Notwithstanding any other provision of law: (1) Any prescription, preparation, compounding, dispensing, obtaining, or administration of the substances deemed necessary to perform a lethal injection shall not constitute the practice of medicine or any other profession relating to …
Neb. Rev. Stat. § 83-967 Director of Correctional Services; administration of substances; execution team; confidentiality.
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(1) The Director of Correctional Services may designate any person qualified under the terms of the execution protocol to administer to the convicted person the substances necessary to comply with the execution protocol. (2) The identity of all members of the execution team, and …