Chapter 83, STATE INSTITUTIONS
357 sections in this chapter.
Neb. Rev. Stat. § 83-1,132 Committed offender under sentence of death; application for exercise of pardon authority by Board of Pardons; denial; date of execution; fix.
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Whenever an application for exercise of the pardon authority is filed with the secretary of the Board of Pardons by a committed offender who is under a sentence of death, the sentence shall not be carried out until the board rules upon such application. If the board denies the re…
Neb. Rev. Stat. § 83-1,133 Prohibited acts; threat of harm to member of Board of Pardons; penalty.
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A person shall be guilty of a Class IV felony if he threatens or attempts to threaten harm to a member of the Board of Pardons with the purpose to influence his decision, opinion, recommendation, vote, or other exercise of discretion as member of the board or if he purposely or k…
Neb. Rev. Stat. § 83-1,134 Administrative procedure provisions; not applicable.
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The provisions of the Administrative Procedure Act shall not apply to the Board of Pardons or to the exercise of its functions.
Neb. Rev. Stat. § 83-1,135 Act, how cited.
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Sections 83-170 to 83-1,135.05 shall be known and may be cited as the Nebraska Treatment and Corrections Act.
Neb. Rev. Stat. § 83-1,135.02 Changes under Laws 2003, LB 46; changes under Laws 2015, LB605; changes under Laws 2016, LB1094; changes under Laws 2018, LB841; changes under Laws 2023, LB50; applicability; legislative intent.
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(1) It is the intent of the Legislature that the changes made to the Nebraska Treatment and Corrections Act by Laws 2003, LB 46, with respect to parole eligibility apply to all committed offenders under sentence and not on parole on May 24, 2003, and to all persons sentenced on a…
Neb. Rev. Stat. § 83-1,135.03 Parolee; permission to leave; when.
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A parolee serving a custodial sanction in a correctional facility or contract facility may be granted the privilege of leaving the facility during necessary and reasonable hours for any of the following purposes: (1) Seeking employment; (2) Working at his or her employment; (3) C…
Neb. Rev. Stat. § 83-1,135.04 Rules and regulations; guidance documents and internal procedural documents; availability; notice; contents.
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Rules and regulations may authorize the Director of Correctional Services to issue guidance documents and internal procedural documents not inconsistent with law and rules and regulations. Such guidance documents and internal procedural documents shall be made available to the pu…
Neb. Rev. Stat. § 83-1,135.05 Rules and regulations; inmate outside correctional facility.
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The Department of Correctional Services shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act regarding any procedures or policies used by the department for any situation where an inmate, under the authority of the department, is outside a…
Neb. Rev. Stat. § 83-1,143.06 Developmental disability regions; enumerated.
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There are hereby created six developmental disability regions in the state. Each region shall consist of the following counties: Region 1 shall consist of Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Morrill, Garden, Kimball, Banner, Cheyenne, and Deuel counties; Region 2 sha…
Neb. Rev. Stat. § 83-101.06 Department of Health and Human Services; duties.
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The Department of Health and Human Services shall: (1) Administer the clinical programs and services of the Beatrice State Developmental Center, the Lincoln Regional Center, the Norfolk Regional Center, the Hastings Regional Center, and such other medical facilities, including sk…
Neb. Rev. Stat. § 83-101.08 Coordination of activities; duties.
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The Department of Health and Human Services shall consult and cooperate with the Department of Correctional Services so as to coordinate in an effective manner the activities of the departments with those related activities affecting the welfare of persons which are the responsib…
Neb. Rev. Stat. § 83-101.14 Deaf or hard of hearing persons; access to treatment programs; rules and regulations.
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The Department of Health and Human Services with the assistance of the Commission for the Deaf and Hard of Hearing shall adopt and promulgate rules and regulations to define criteria and standards for access by eligible deaf or hard of hearing persons to mental health, alcoholism…
Neb. Rev. Stat. § 83-102 Youth rehabilitation and treatment centers; placement; programming and services provided; accreditation.
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(1) Youth rehabilitation and treatment centers shall be operated to provide programming and services to rehabilitate and treat juveniles committed under the Nebraska Juvenile Code. Each youth rehabilitation and treatment center shall be considered a separate placement. Each youth…
Neb. Rev. Stat. § 83-103 Authority for daily maintenance, minor repairs, custodial duties, and operations; buildings to which applicable.
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The Department of Health and Human Services shall have the authority to direct all daily maintenance, minor repairs, custodial duties, and operations of a public building under the administration of the Department of Health and Human Services where a juvenile resides who is commi…
Neb. Rev. Stat. § 83-104 State institutions; annual physical review; report.
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(1)(a) The office of Public Counsel shall conduct an annual physical review of the following state institutions: (i) The Youth Rehabilitation and Treatment Center-Geneva; (ii) The Youth Rehabilitation and Treatment Center-Kearney; (iii) Any other facility operated and utilized as…
Neb. Rev. Stat. § 83-105 Youth rehabilitation and treatment centers; grievances; reporting system.
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(1) It is the intent of the Legislature to establish a reporting system in order to provide increased accountability and oversight regarding the treatment of juveniles in youth rehabilitation and treatment centers. (2) Beginning on January 1, 2021, the Department of Health and Hu…
Neb. Rev. Stat. § 83-106 Inpatient adolescent psychiatric unit; needs assessment and cost analysis; contract; report.
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(1) The Department of Health and Human Services shall contract for the completion of a needs assessment and cost analysis for the establishment of an inpatient adolescent psychiatric unit housed within the Lincoln Regional Center. The department shall contract with an outside con…
Neb. Rev. Stat. § 83-107.01 Department of Health and Human Services; official names of institutions under supervision; youth rehabilitation and treatment centers; gender separation; requirements; treatment; legislative intent.
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(1) The official names of the state institutions under the supervision of the Department of Health and Human Services shall be as follows: (a) Beatrice State Developmental Center, (b) Lincoln Regional Center, (c) Norfolk Regional Center, (d) Hastings Regional Center, (e) Youth Re…
Neb. Rev. Stat. § 83-108 Department of Health and Human Services; institutions controlled.
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The Department of Health and Human Services shall have oversight and general control of the Beatrice State Developmental Center, the hospitals for the mentally ill, such skilled nursing care and intermediate care facilities as may be established by the department, any facility op…
Neb. Rev. Stat. § 83-108.02 Director of Correctional Services; establish facilities and programs; assignment of prisoners; basis.
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The Director of Correctional Services shall establish facilities and programs for persons committed to the Department of Correctional Services. The assignment to such programs shall be based on the evaluation and recommendation from the Diagnostic and Evaluation Center. The direc…
Neb. Rev. Stat. § 83-108.04 Department of Health and Human Services; additional facilities for care of children.
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(1) The Department of Health and Human Services also may use other public facilities or contract for the use of private facilities for the care and treatment of children in its legal custody who have been adjudged to be as described in subdivision (3)(a) of section 43-247. Placem…
Neb. Rev. Stat. § 83-109 Patients and residents; admission to state institutions; records; to whom accessible; transfers; investigations; appeals.
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(1) The Department of Health and Human Services shall have general control over the admission of patients and residents to all institutions over which it has jurisdiction. Each individual shall be assigned to the institution best adapted to care for him or her. (2) A record of ev…
Neb. Rev. Stat. § 83-111 Department of Health and Human Services; estimated appropriation; suggested improvements.
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The Department of Health and Human 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 biennium, for the use of the Legislature. The e…
Neb. Rev. Stat. § 83-112 Department of Health and Human Services; collection of information; encouragement of scientific study; investigations.
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(1) The Department of Health and Human Services shall gather information as to the expenditures of charitable institutions in this and other countries and regarding the best and most successful methods of caring for persons with an intellectual disability and persons with a menta…
Neb. Rev. Stat. § 83-113 Department of Health and Human Services; examination of employees; investigation of alleged abuses; report.
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The Department of Health and Human Services may examine any of the officers, attendants, guards, and other employees and make such inquiries as will determine their fitness for their respective duties and shall investigate and report to the Governor any abuses or wrongs alleged t…
Neb. Rev. Stat. § 83-114 Department of Health and Human Services; investigatory powers; interference with investigation; penalty; privileges of witnesses; contempt.
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The Department of Health and Human Services shall have the power to summon and examine witnesses under oath, to examine books and papers pertaining to the subject under investigation, and to compel the production of such books and papers. Witnesses who are not employees of the st…
Neb. Rev. Stat. § 83-115 Department of Health and Human Services; investigation; legislative committee; powers of committee.
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The Department of Health and Human Services shall be prepared to give any information desired by the Legislature concerning the institutions under its control, and its administration shall be subject to examination under oath by a legislative committee, touching any matter in reg…
Neb. Rev. Stat. § 83-116 Department of Health and Human Services; actions at law.
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The Department of Health and Human Services shall have the power to bring all suits necessary to protect the interests of the state. Such proceedings shall be instituted in the name of the State of Nebraska.
Neb. Rev. Stat. § 83-1201 Act, how cited.
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Sections 83-1201 to 83-1226 shall be known and may be cited as the Developmental Disabilities Services Act.
Neb. Rev. Stat. § 83-1202 Legislative intent.
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It is the intent of the Legislature that: (1) All persons with developmental disabilities shall receive services and assistance which present opportunities to increase their independence, productivity, and integration into the community; (2) All persons with developmental disabil…
Neb. Rev. Stat. § 83-1202.01 Appropriations; legislative findings.
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The Legislature finds that present state appropriations on behalf of community-based services to persons with developmental disabilities are inadequate to pay the reasonable costs of providing such services to all Nebraskans who are eligible to receive them. It is the intent of t…
Neb. Rev. Stat. § 83-1203 Definitions, where found.
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For purposes of the Developmental Disabilities Services Act, the definitions found in sections 83-1204 to 83-1208 shall be used.
Neb. Rev. Stat. § 83-1204 Department, defined.
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Department shall mean the Division of Disability and Aging of the Department of Health and Human Services.
Neb. Rev. Stat. § 83-1205 Developmental disability, defined.
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Developmental disability shall mean a severe, chronic disability, including an intellectual disability, other than mental illness, which: (1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persi…
Neb. Rev. Stat. § 83-1206 Director, defined.
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Director shall mean the Director of Disability and Aging of the Division of Disability and Aging.
Neb. Rev. Stat. § 83-1206.01 Intellectual disability, defined.
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Intellectual disability means significant subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a s…
Neb. Rev. Stat. § 83-1207 Specialized program, defined.
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Specialized program shall mean an agency, organization, association, or other entity which provides specialized services.
Neb. Rev. Stat. § 83-1208 Specialized service, defined.
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Specialized service shall mean a service provided specifically for persons with developmental disabilities.
Neb. Rev. Stat. § 83-1209 Director; duties.
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To carry out the policies and purposes of the Developmental Disabilities Services Act, the director shall: (1) Ensure effective management by (a) determining whether applicants are eligible for specialized services, (b) authorizing service delivery for eligible persons, (c) ensur…
Neb. Rev. Stat. § 83-121 School District Reimbursement Fund; created; use; investment.
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There is hereby created the School District Reimbursement Fund for use by the Department of Health and Human Services. The fund shall consist of money received from school districts or the department for the operation of special education programs within the department. The fund …
Neb. Rev. Stat. § 83-1210 Local field offices.
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The department may establish local field offices to assist in discharging departmental responsibilities and to ensure accessibility of departmental services for persons with developmental disabilities and their families throughout the state.
Neb. Rev. Stat. § 83-1211 Responsibility for cost of services.
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A person receiving specialized services from a local specialized program which receives financial assistance through the department shall be responsible for the cost of such services in the same manner as are persons receiving services at the Beatrice State Developmental Center. …
Neb. Rev. Stat. § 83-1212.01 Advisory Committee on Developmental Disabilities; created; members; expenses; duties.
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(1) There is hereby created the Advisory Committee on Developmental Disabilities. The advisory committee shall consist of a representative of a statewide advocacy organization for persons with developmental disabilities and their families, a representative of Nebraska's designate…
Neb. Rev. Stat. § 83-1215 Department; authority granted for specialized services; social services; duties.
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The department shall carry out the authority granted to it pursuant to section 68-1204 and shall comply with all applicable provisions of the federal act identified in such section and of sections 68-1202 to 68-1210.
Neb. Rev. Stat. § 83-1216 Department; duties; services; legislative intent; priorities.
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(1) The department shall administer the medicaid home and community-based services waivers upon application approval by the federal Centers for Medicare and Medicaid Services. The amount of funding for any person receiving services shall be determined using an objective assessmen…
Neb. Rev. Stat. § 83-1216.01 Quality management and improvement plan; purpose; contents.
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(1)(a) The department shall, with the assistance and support of the Advisory Committee on Developmental Disabilities, develop and implement a quality management and improvement plan to promote and monitor quality relating to services and quality of life for persons with developme…
Neb. Rev. Stat. § 83-1217 Department; contract for specialized services; certification and accreditation requirements; assisted services; method of reimbursement.
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The department shall contract for specialized services and shall only contract with specialized programs which meet certification and accreditation requirements. Assisted services provided under this section through community-based developmental disability programs shall be reimb…
Neb. Rev. Stat. § 83-1217.01 Employees; criminal history record information check; fingerprints; Nebraska State Patrol; duties.
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(1) Each employee of state-operated services and facilities providing developmental disabilities services shall be subject to the criminal history record information check requirements of subdivision (9) of section 83-1217 and shall file a complete set of his or her legible finge…
Neb. Rev. Stat. § 83-1218 Specialized program; local governing board; duties.
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The local governing board for a specialized program shall: (1) Organize and supervise the delivery of specialized services within its governance; (2) Cause such services to be provided; (3) Report annually to the director regarding the expenditure of funds and the evaluation of s…
Neb. Rev. Stat. § 83-1219 Complaints and hearings; procedures.
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A person with developmental disabilities or his or her parent or guardian may initiate a hearing on matters related to the initiation, change, or termination of or the refusal to initiate, change, or terminate the determination of eligibility for specialized services or the evalu…