47-101. County jails; regulation; duties and powers of Jail Standards Board.

The Jail Standards Board shall from time to time as it may deem necessary prescribe, in writing, rules for the regulation and government of the jails upon the following subjects: (1) The cleanliness of the jail and prisoners; (2) the classification of prisoners in regard to sex, age, and crime, and also persons with physical or mental disabilities; (3) beds and clothing; (4) warming, lighting, and ventilation of the jail; (5) the employment of medical and surgical aid when necessary; (6) employment, temperance, and instruction of the prisoners; (7) the supplying of each prisoner with a Bible; (8) the intercourse between prisoners and their counsel and other persons; (9) the discipline of prisoners for violation of the rules of the jail; and (10) such other matters as the board may deem necessary to promote the welfare of the prisoners.

Source:R.S.1866, c. 29, § 1, p. 242; R.S.1913, § 3529; C.S.1922, § 2996; C.S.1929, § 47-101; R.S.1943, § 47-101; Laws 1986, LB 1177, § 24; Laws 1996, LB 233, § 2.


Annotations

47-102. Rules; copies; distribution; filing.

The Jail Standards Board shall, as soon as may be, cause a copy of the rules to be delivered to the county boards. It shall be the duty of each county board forthwith to cause the same to be printed, to furnish the sheriff of its county or such other person as may be charged with the administrative direction of the jail with a copy of the rules for every room or cell of the jail, and to forward a copy of the rules by mail to the Auditor of Public Accounts, who shall carefully file away and preserve the same.

Source:R.S.1866, c. 29, § 2, p. 243; R.S.1913, § 3530; C.S.1922, § 2997; C.S.1929, § 47-102; R.S.1943, § 47-102; Laws 1984, LB 394, § 10; Laws 1996, LB 233, § 3.


47-103. Rules; copies; posting in jails.

The sheriff or such other person as may be charged with the administrative direction of the jail shall, immediately on the receipt of the rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of the jail.

Source:R.S.1866, c. 29, § 3, p. 243; R.S.1913, § 3531; C.S.1922, § 2998; C.S.1929, § 47-103; R.S.1943, § 47-103; Laws 1984, LB 394, § 11.


47-104. Rules; revision; copies; distribution; filing.

The Jail Standards Board may, as it may deem necessary, amend the rules, and such amended rules shall be printed and disposed of by the county board and the sheriff or such other person as may be charged with the administrative direction of the jail in the same manner as is directed by sections 47-102 and 47-103.

Source:R.S.1866, c. 29, § 4, p. 243; R.S.1913, § 3532; C.S.1922, § 2999; C.S.1929, § 47-104; R.S.1943, § 47-104; Laws 1984, LB 394, § 12; Laws 1996, LB 233, § 4.


47-105. Rules; enforcement; sheriff; powers and duties.

The sheriff, or, in case of his or her death, removal, or disability, the person by law appointed to such office, shall have charge of the county jail of his or her proper county, and of all persons by law confined therein, and such sheriff or other person as may be charged with the administration of the jail shall conform to the rules and directions of the Jail Standards Board which may be made and communicated to him or her by the county board.

Source:R.S.1866, c. 29, § 5, p. 244; R.S.1913, § 3533; C.S.1922, § 3000; C.S.1929, § 47-105; R.S.1943, § 47-105; Laws 1996, LB 233, § 5.


Annotations

47-105.01. Rules; conformance by sheriff or jail administrator.

The sheriff or such other person as may be charged with the administration of the jail shall conform to the rules and directions as prescribed by the Jail Standards Board pursuant to sections 47-101 and 47-104 which may be made and communicated to him or her by the county board.

Source:Laws 1984, LB 394, § 13; Laws 1996, LB 233, § 6.


47-106. Jail register; required entries.

The sheriff or such other person as may be charged with the administrative direction of the jail shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which he or she shall enter (1) the name of each prisoner, with the date and cause of his or her commitment, (2) the date or manner of his or her discharge, (3) what sickness, if any, has prevailed in the jail during the year and if known, what were the causes of such disease, (4) whether any or what labor has been performed by the prisoners, and the value thereof, (5) the habits of the prisoners as to personal cleanliness, diet, and order, (6) the operations of the rules and directions prescribed by the Jail Standards Board, (7) the means furnished prisoners of literary, moral, and religious instruction, and of labor, and (8) all other matters required by the rules, or in the discretion of such person deemed proper. The sheriff or such other person as may be charged with the administrative direction of the jail shall carefully keep and preserve the jail register in his or her office and at the expiration of his or her office shall deliver the same to the successor in office.

Source:R.S.1866, c. 29, § 6, p. 244; R.S.1913, § 3534; C.S.1922, § 3001; C.S.1929, § 47-106; R.S.1943, § 47-106; Laws 1975, LB 417, § 34; Laws 1984, LB 394, § 14; Laws 1996, LB 233, § 7.


47-107. Jail reports; filing.

The sheriff or such other person as may be charged with the administrative direction of the jail shall, on or before November 1 in each year, make out in writing from the jail register a jail report, one copy of which report he or she shall forthwith file in the office of the clerk of the district court of the proper district and one copy with the county clerk of the county, for the use of the county board thereof.

Source:R.S.1866, c. 29, § 7, p. 244; R.S.1913, § 3535; C.S.1922, § 3002; C.S.1929, § 47-107; R.S.1943, § 47-107; Laws 1961, c. 231, § 1, p. 686; Laws 1984, LB 394, § 15.


47-108. Grand jury; instructions with respect to jails and discipline; duty of district court.

It shall be the duty of the district court in its charge to the grand jury to inform the jury of the provisions of sections 47-101 to 47-116 and all rules, plans, or regulations established by the Jail Standards Board relating to county jails and prison discipline.

Source:R.S.1866, c. 29, § 8, p. 245; R.S.1913, § 3536; C.S.1922, § 3003; C.S.1929, § 47-108; R.S.1943, § 47-108; Laws 1996, LB 233, § 8.


47-109. Jails; inspection; duty of grand juries and county boards; reports.

The grand jury of each county in this state may, while in attendance, visit the jail, examine its state and condition, and examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations. If the grand jury visits a jail, it shall be its duty to report to the court in writing, whether the rules of the Jail Standards Board have been faithfully kept and observed, or whether any of the provisions of sections 47-101 to 47-116, have been violated, pointing out particularly in what the violation, if any, consists. It shall also be the duty of the county board of each county of this state to visit the jail of its county once during each of its sessions in January, April, July, and October of each year.

Source:R.S.1866, c. 29, § 9, p. 245; R.S.1913, § 3537; C.S.1922, § 3004; C.S.1929, § 47-109; R.S.1943, § 47-109; Laws 1961, c. 232, § 1, p. 687; Laws 1996, LB 233, § 9.


47-110. Jails; equipment; appointment of physician; duties of county board; physician's report.

It shall be the duty of the county board at the expense of the respective counties to provide suitable means for warming the jail and its cells or apartments and provide frames and mattresses for beds and such other permanent fixtures and repairs as may be prescribed by the Jail Standards Board. The county board shall have power to appoint a physician to the jail when it deems it necessary and shall pay to such physician an annual or other salary as it may think reasonable and proper, which salary shall be drawn out of the county treasury. Such medical officer, or any physician or surgeon who is employed in the jail, shall make a report in writing whenever required by the county board, Jail Standards Board, or grand jury.

Source:R.S.1866, c. 29, § 10, p. 245; Laws 1903, c. 55, § 1, p. 346; R.S.1913, § 3538; Laws 1919, c. 113, § 1, p. 276; C.S.1922, § 3005; C.S.1929, § 47-110; R.S.1943, § 47-110; Laws 1975, LB 417, § 35; Laws 1996, LB 233, § 10.


Annotations

47-111. Female prisoners; matron, deputy, or correctional officer; appointment; salary; oath; reports.

In every county jail where there is a female prisoner, twenty-four-hour supervision shall be provided by a matron appointed by the county board, whose duty it shall be to have entire charge of the female prisoners, and the board may also in its discretion appoint such matron when there is a sick prisoner or one that is a minor under the age of sixteen. Such matrons shall be under the direction of the sheriff or such other person as may be charged with the administrative direction of the jail, shall take the necessary oath before entering upon the duties of the office, and shall be paid by the board from the county treasury only for the time actually engaged; Provided, that in counties having a population in excess of two hundred thousand inhabitants, a deputy or correctional officer shall be hired by the person whose duty it shall be to have charge of the female prisoners and perform those functions required of a deputy related to such duty, at a salary of not less than five hundred dollars per month, which salary shall be drawn out of the county treasury. Such matron, deputy, or correctional officer shall, when required, report to the board or district judges.

Source:Laws 1903, c. 55, § 1, p. 346; R.S.1913, § 3538; Laws 1919, c. 113, § 1, p. 277; C.S.1922, § 3005; C.S.1929, § 47-110; R.S.1943, § 47-111; Laws 1947, c. 62, § 15, p. 207; Laws 1947, c. 76, § 3, p. 240; Laws 1951, c. 53, § 4, p. 182; Laws 1975, LB 417, § 36; Laws 1984, LB 394, § 16.


47-112. Jail conductor; appointment; salary.

In counties having a population in excess of two hundred thousand inhabitants where the jail is situated above the ground floor and requires an operator for an elevator to transfer the prisoners to and from said jail, there shall be a jail conductor to operate said elevator, to be appointed by the sheriff or such other person as may be charged with the administrative direction of the jail, who shall be paid such salary as the county board may think reasonable and proper by warrant drawn on the general fund.

Source:R.S.1866, c. 29, § 10, p. 245; Laws 1903, c. 55, § 1, p. 346; R.S.1913, § 3538; Laws 1919, c. 113, § 1, p. 277; C.S.1922, § 3005; C.S.1929, § 47-110; R.S.1943, § 47-112; Laws 1947, c. 62, § 16, p. 208; Laws 1984, LB 394, § 17.


47-112.01. Transferred to section 47-119.

47-113. Repealed. Laws 1980, LB 628, § 9.

47-113.01. Repealed. Laws 1980, LB 628, § 9.

47-114. Jails; administrative visitation.

The sheriff or such other person as may be charged with the administrative direction of the jail shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court.

Source:R.S.1866, c. 29, § 12, p. 246; R.S.1913, § 3540; C.S.1922, § 3007; C.S.1929, § 47-112; R.S.1943, § 47-114; Laws 1984, LB 394, § 18.


47-115. Jailer; appointment; oath; liability of sheriff.

The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his or her office; Provided, the sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.

Source:R.S.1866, c. 29, § 13, p. 246; R.S.1913, § 3541; C.S.1922, § 3008; C.S.1929, § 47-113; R.S.1943, § 47-115; Laws 1984, LB 394, § 19.


Annotations

47-116. Jails; sheriff or jailer; neglect of duty; penalty.

If the sheriff or jailer, having charge of any county jail, shall neglect or refuse to conform to all or any of the rules and regulations established by the Jail Standards Board, or to perform any other duty required of him or her by sections 47-101 to 47-116, he or she shall, upon conviction thereof for each case of such failure or neglect of duty, pay into the county treasury of the proper county for the use of such county a fine of not less than five dollars nor more than one hundred dollars, to be assessed by the district court of the proper district.

Source:R.S.1866, c. 29, § 14, p. 246; R.S.1913, § 3542; C.S.1922, § 3009; C.S.1929, § 47-114; R.S.1943, § 47-116; Laws 1996, LB 233, § 11.


47-117. Jail, defined.

For the purposes of Chapter 47, article 1, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate residence, facility, center, or institution designated as a jail facility by the county.

Source:Laws 1979, LB 315, § 3.


47-118. Repealed. Laws 1980, LB 628, § 9.

47-119. Repealed. Laws 2009, LB 218, § 14.

47-119.01. Repealed. Laws 2009, LB 218, § 14.

47-120. Care of prisoners; county board or county board of corrections; sheriff; duties; payment.

The county board or county board of corrections serving pursuant to Chapter 23, article 28, shall provide proper quarters and adequate equipment for the preparation and serving of all meals furnished to all prisoners confined in the county jail. The county sheriff or the county board of corrections shall have full charge and control of such services and the county board shall provide for all washing, fuel, lights, and clothing for prisoners, subject to the right of the county to be paid by the city or federal government for city or federal prisoners at actual cost to the county. Supplies of every nature entering into the furnishing of meals, washing, fuel, lights, and clothing to the prisoners confined in the county jail shall be purchased and provided under the direction of the county sheriff or the county board of corrections. Payment for all purchases shall only be made by the county board on the original invoices submitted by the sheriff or the county board of corrections of goods, supplies, and services, setting forth (1) that the invoice correctly describes the goods as to quality and quantity, (2) that the same have been received and are in the custody of the affiant, (3) that they have been or will be devoted exclusively to the purposes authorized in this section, and (4) that the price charged is reasonable and just. Nothing in this section shall be construed to restrict the sheriff or the county board of corrections in employing necessary personnel and from otherwise carrying out the duties required in the operation of the jail.

Source:Laws 1980, LB 628, § 5; Laws 1984, LB 394, § 20; Laws 1989, LB 4, § 6; Laws 1998, LB 695, § 3; Laws 2009, LB218, § 2.    


47-121. Repealed. Laws 2009, LB 218, § 14.

47-121.01. Repealed. Laws 2009, LB 218, § 14.

47-122. Community work force program; established; activities authorized.

Every county board or, in counties which have established such, the county board of corrections may establish a community work force program in which prisoners in the county jails may work on community service projects within that county. As used in sections 47-122 to 47-124, community service project shall mean work for a city or county, or any agency, department, or subdivision thereof, except that such projects shall not include projects which other government employees regularly perform or projects which the county or city regularly contracts with private industry to perform. The board is encouraged to include established volunteer activities which benefit the general public as acceptable projects. Work by a prisoner on a community service project shall not confer a private benefit on any person except as may be incidental to the public benefit.

Source:Laws 1983, LB 180, § 1.


47-123. Community service projects; inmate participation; good time; effect.

Inmate participation in community service projects shall be voluntary and no extra good-time credit shall be given to inmates who participate in a community service project. In no event shall an inmate's decision to participate or not participate in a community service project have any bearing on the granting of good-time credit.

Source:Laws 1983, LB 180, § 2.


47-124. Community work force program; administration; rules and regulations.

(1) In counties which have a county board of corrections, that board shall administer the community work force program and shall adopt and promulgate rules and regulations for such administration. In all other counties, the sheriff shall administer the program and adopt and promulgate the rules and regulations therefor. In counties in which the sheriff administers the program, the sheriff shall submit for approval the proposed rules and regulations to the district court and the county court for such county.

(2) Such rules and regulations shall address, but shall not be limited to, the factors to be considered in assigning an inmate to a community service project. Included among these factors shall be (a) the physical and mental abilities of the inmate, (b) the benefit to the public of having the inmate work on the community service project, (c) the security of the jail, (d) the safety of the general public, (e) the number and type of supervisory personnel necessary, and (f) the likelihood of an attempted escape. No inmate shall be asked to perform unreasonably hazardous work that would endanger the life or health of the inmate or others.

Source:Laws 1983, LB 180, § 3.


47-201. City jails; regulation; duties and powers of Jail Standards Board.

The Jail Standards Board shall, in the month of January of each year, and at such other time or times as it may deem necessary, prescribe written rules for the regulation and government of the municipal jails upon the subjects of (1) the cleanliness of the jail and prisoners, (2) the classification of prisoners in regard to sex, age, crime, and mental infirmity, (3) beds, clothing, and diet, (4) warming, lighting, and ventilating of the jail, (5) the employment of medical and surgical aid, (6) the employment, temperance, and instruction of the prisoners, (7) the intercourse between prisoners and their attorneys and other persons, (8) the discipline of prisoners, (9) the keeping of records of the jail, and (10) any other matters concerning jails and their government as the board may deem necessary.

Source:Laws 1915, c. 208, § 1, p. 462; C.S.1922, § 3010; C.S.1929, § 47-115; R.S.1943, § 47-201; Laws 1996, LB 233, § 12.


47-202. Rules; copies; distribution; posting.

The Jail Standards Board shall cause a copy of the rules to be delivered to the mayor or chief officer of the municipalities, and it shall be the duty of such mayor or other chief officer to cause a copy of the same to be furnished to the person in charge of the prison or jail, to file a copy with the clerk of the municipality, and to further cause a copy to be conspicuously posted in the prison or jail.

Source:Laws 1915, c. 208, § 2, p. 462; C.S.1922, § 3011; C.S.1929, § 47-116; R.S.1943, § 47-202; Laws 1996, LB 233, § 13.


47-203. Rules; amend; copies; distribution; posting.

The Jail Standards Board may, as it may deem proper, amend the rules, and such amended rules and their copies shall be disposed of in the same manner as provided in section 47-202.

Source:Laws 1915, c. 208, § 3, p. 463; C.S.1922, § 3012; C.S.1929, § 47-117; R.S.1943, § 47-203; Laws 1996, LB 233, § 14.


47-204. Jail record; required entries; open for inspection; period maintained.

The officer in charge of any municipal jail shall keep a written record which shall show the name of each person confined, the date of the commencement and termination of his or her confinement, the nature of the charge against him or her, and the medical service provided. Such officer shall keep such further records as may be prescribed by the rules of the Jail Standards Board. The records so kept shall be subject to the inspection of any person and to the public generally and shall be kept for such periods of time as may be prescribed by the rules of the State Records Administrator.

Source:Laws 1915, c. 208, § 4, p. 463; C.S.1922, § 3013; C.S.1929, § 47-118; R.S.1943, § 47-204; Laws 1971, LB 271, § 1; Laws 1975, LB 417, § 37; Laws 1996, LB 233, § 15.


47-205. Jailers; reports; contents; filing.

The officer in charge of any municipal jail shall on or before the first day of February of each year, for the preceding calendar year, and at such other times as he or she may be required by the Jail Standards Board, make out a written report and cause copies to be filed with the city clerk and the clerk of the district court of the county where such municipality is located. Such report shall contain a summary of the records required to be kept by the officer as provided in section 47-204 and such other data and matters as may be required by the Jail Standards Board.

Source:Laws 1915, c. 208, § 5, p. 463; C.S.1922, § 3014; C.S.1929, § 47-119; R.S.1943, § 47-205; Laws 1971, LB 271, § 2; Laws 1996, LB 233, § 16.


47-206. Jailer; neglect of duty; penalty.

The officer in charge of any municipal prison or jail who fails to comply with the provisions of sections 47-201 to 47-205 or the rules prescribed by the Jail Standards Board shall be guilty of a Class V misdemeanor.

Source:Laws 1915, c. 208, § 6, p. 463; C.S.1922, § 3015; C.S.1929, § 47-120; R.S.1943, § 47-206; Laws 1977, LB 40, § 269; Laws 1996, LB 233, § 17.


47-207. Jail, defined.

For the purposes of Chapter 47, article 2, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate residence, facility, center, or institution designated as a jail facility by the city.

Source:Laws 1979, LB 315, § 4.


47-208. City or village prisoners; employment on public improvement projects.

The governing board of every city and village may employ at labor on the public streets and other public improvements, persons confined in the jail of such city or village, as the case may be, on account of conviction for violation of statutes or ordinances. The governing board shall prescribe rules and regulations governing employment and safekeeping, and determine what compensation, if any, such prisoners shall receive for their services.

Source:Laws 1913, c. 228, § 1, p. 659; R.S.1913, § 3543; Laws 1915, c. 70, § 1, p. 184; C.S.1922, § 3016; Laws 1929, c. 137, § 1, p. 491; C.S.1929, § 47-201; R.S.1943, § 47-301; R.S.1943, (1978), § 47-301; Laws 1983, LB 180, § 6.


47-301. Transferred to section 47-208.

47-302. Joint county and city jail; acquisition of land; procedure; bonds; taxes; election; when required.

(1) The county board of such county, and the mayor and council or legislative authorities of such incorporated city located within the county, are hereby authorized and empowered to unite in the construction and maintenance of a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of such prisoners. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

(2) Whenever such county and city may agree upon the location and specifications of the jail and land, they may each proceed to issue bonds, levy taxes, and do all other necessary acts to erect a jail building and to purchase land and erect buildings thereon, all to be owned jointly by both county and city aforesaid. Any such city shall have power to borrow money and pledge the credit and property thereof on its negotiable bonds or otherwise, for the purpose of paying for its portion of the cost of any such land, jail, or both, except that neither the county nor the city shall make any contracts or spend any funds toward carrying out the purposes specified, until authority for action by both shall have been obtained.

(3) When required by law, the question involved in the appropriations for the jail and the purchase of the land shall be submitted to a vote of the people of the county or city.

Source:Laws 1913, c. 228, § 2, p. 660; R.S.1913, § 1344; C.S.1922, § 3017; C.S.1929, § 47-202; R.S.1943, § 47-302; Laws 1951, c. 101, § 97, p. 493; Laws 1981, LB 140, § 1.


47-303. Joint operation and maintenance.

Whenever the county board and mayor and council or other legislative body in a city have voted to unite in the carrying out of any of the objects provided for in sections 47-302 to 47-308, both city and county shall be bound to continue the contract and operate and maintain the jail and land for the employment of prisoners, unless both agree to discontinue or abandon the same.

Source:Laws 1913, c. 228, § 3, p. 660; R.S.1913, § 3545; C.S.1922, § 3018; C.S.1929, § 47-203; R.S.1943, § 47-303; Laws 1995, LB 10, § 1.


47-304. County jails; construction; acquisition of lands; procedure; bonds; taxes; election; when required.

The county board of such county is authorized and empowered to construct and maintain a jail and purchase land for farm or other purposes for the employment of prisoners as hereinbefore provided. Such county may proceed in the manner provided by law for the erection of public buildings and the purchase of public property and issue bonds, levy taxes, secure land, and do all other necessary acts to erect a jail building and to acquire land by purchase, condemnation, or otherwise, and erect buildings thereon. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. When required by law, the question involved in the appropriation for such jail and the purchase of such land shall be submitted to a vote of the people of the county.

Source:Laws 1913, c. 228, § 4, p. 660; R.S.1913, § 3546; C.S.1922, § 3019; C.S.1929, § 47-204; R.S.1943, § 47-304; Laws 1951, c. 101, § 98, p. 493.


47-305. City jails; construction; acquisition of lands; procedure; bonds.

The city council or legislative authority of such incorporated city is hereby authorized and empowered to erect and maintain a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of prisoners. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. Such city shall have power to borrow money and pledge the credit and property thereof on its negotiable bonds or otherwise, for the purpose of paying for the cost of any such land, jail, or both.

Source:Laws 1913, c. 228, § 5, p. 661; R.S.1913, § 3547; C.S.1922, § 3020; C.S.1929, § 47-205; R.S.1943, § 47-305; Laws 1951, c. 101, § 99, p. 494; Laws 1981, LB 140, § 2.


47-306. Joint county and city jails; management; use by one of jail of other; contract.

Where such county and such city shall unite in the construction and maintenance of a jail, or in the purchase of land for farm or other purposes and erect public buildings thereon, the sheriff of such county or such other person as may be charged with the administrative direction of the jail and the chief police officer of such city shall jointly conduct and manage said jail for the detention of prisoners and said land for the employment of prisoners, except as otherwise provided by agreement between such county and city; Provided, where any such county or any such city shall build such jail or purchase such land independently of the other, such county or such city as does not own or manage a jail for the detention of prisoners, or land for the employment of prisoners, shall have the right to contract with the other for its use, with payment made as provided in any such contract.

Source:Laws 1913, c. 228, § 6, p. 661; R.S.1913, § 3548; C.S.1922, § 3021; C.S.1929, § 47-206; R.S.1943, § 47-306; Laws 1961, c. 232, § 2, p. 687; Laws 1969, c. 67, § 2, p. 383; Laws 1984, LB 394, § 22.


Annotations

47-307. Joint county and city jails; maintenance; cost; apportionment.

Where such county and such city unite in the construction and maintenance of a jail and the purchase of land for employment of prisoners, the cost of maintenance shall be divided equally between the city and county except for the cost of providing the food for prisoners. The cost for prisoners charged with or found guilty of offenses against the general criminal laws of the state shall be provided by the county, and the cost for prisoners charged with or found guilty of violating ordinances of the city shall be provided by the city.

Source:Laws 1913, c. 228, § 7, p. 661; R.S.1913, § 3549; C.S.1922, § 3022; C.S.1929, § 47-207; R.S.1943, § 47-307.


47-308. Joint jail or farm; name.

Where such county and city unite in the construction of a jail, the name of such jail shall be city and county jail, and when they unite in the purchase of land for the employment of prisoners, such place of detention shall be called detention farm.

Source:Laws 1913, c. 228, § 8, p. 662; R.S.1913, § 3550; C.S.1922, § 3023; C.S.1929, § 47-208; R.S.1943, § 47-308.


47-401. Person sentenced to or confined in a city or county jail; permission to leave; when; sentence served at other facility; house arrest.

(1) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

(a) Seeking employment;

(b) Working at his or her employment;

(c) Conducting such person's own business or other self-employed occupation, including housekeeping and attending to the needs of such person's family;

(d) Attending any high school, college, university, or other educational or vocational training program or institution;

(e) Serious illness or death of a member of such person's immediate family;

(f) Medical treatment;

(g) Outpatient or inpatient treatment for alcohol or substance abuse; or

(h) Engaging in other rehabilitative activities, including, but not limited to, attending a program or service provided at a reporting center.

(2) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving the sentence or a part of the sentence at a house of correction, community residential center, work release center, halfway house, or other place of confinement properly designated as a jail facility in accordance with this section and sections 15-259, 47-117, 47-207, and 47-409.

(3) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving all or part of the sentence under house arrest. For purposes of this subsection, house arrest means restricting an offender to a specific residence except for authorized periods of absence for employment or for medical, educational, or other reasons approved by the court. House arrest may be monitored by electronic surveillance devices or systems.

Source:Laws 1969, c. 208, § 1, p. 813; Laws 1975, LB 276, § 1; Laws 1979, LB 315, § 5; Laws 1990, LB 399, § 1; Laws 2003, LB 17, § 18;    Laws 2016, LB1094, § 26.    


Annotations

47-402. Privilege of leaving jail; petition; order of sentencing court; withdrawal of privilege.

The privilege of leaving the jail as set forth in section 47-401 shall be granted only by written order of the sentencing court, after conferring with the chief of police, county sheriff, or such other person as may be charged with the administrative direction of the jail, specifically setting forth the terms and conditions of the privilege granted. The prisoner may petition the court for such privilege at the time of sentencing, or thereafter, and, in the discretion of the court, may renew his or her petition. The court may withdraw the privilege at any time by written order entered with or without prior notice.

Source:Laws 1969, c. 208, § 2, p. 813; Laws 1984, LB 394, § 23.


Annotations

47-403. Privilege of leaving jail; employment; wages; account; disbursement.

The court may endeavor to secure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, the court may collect the same, or require the prisoner to turn over his wages or salary in full when received, and the court shall keep a ledger showing the status of the account of each prisoner. Except when the prisoner returns to the employment he held at the time of his arrest, such employment shall not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services, and the rates of pay and other conditions of employment shall not be less than for work of similar nature in the locality in which the work is to be performed.

Source:Laws 1969, c. 208, § 3, p. 814.


47-404. Privilege of leaving jail; prisoner; liable for costs.

Every prisoner granted the privilege of leaving the jail as set forth in sections 47-401 to 47-411 shall be liable for such costs incident to his confinement as the court deems appropriate and reasonable, if such costs are specifically set forth in the order of the court granting the privilege pursuant to sections 47-401 to 47-411.

Source:Laws 1969, c. 208, § 4, p. 814.


Annotations

47-405. Privilege of leaving jail; meals; transportation.

If necessarily absent from jail at mealtime, the prisoner shall, at his request, be furnished with an adequate meal to carry with him during his absence and the chief of police, county sheriff, or other governmental agency may provide for the transportation of prisoners released pursuant to sections 47-401 to 47-411. Such meals and transportation shall be considered as a cost incident to the confinement of the prisoner.

Source:Laws 1969, c. 208, § 5, p. 814.


47-406. Prisoner's account; disbursement.

As soon as adequate funds are available in the prisoner's account in accordance with section 47-403, and to the extent of the funds in such account, the court shall, by written order, disburse such funds for the following purposes and in the following order of priority:

(1) The board of the prisoner;

(2) Necessary travel expense and other incidental expenses of the prisoner;

(3) Support of the prisoner's dependents, if any;

(4) Payment either in full or in part, of the prisoner's obligations acknowledged by him in writing, or which have been reduced to judgment; and

(5) The balance, if any, to the prisoner upon his discharge.

Source:Laws 1969, c. 208, § 6, p. 814.


Annotations

47-407. Court; arrangements for employment of prisoner; concurrence with another county or city.

The court may arrange with the chief of police, sheriff, or such other person as may be charged with the administrative direction of the jail in a city or county other than the one in which the sentencing court is located for the employment of the prisoner in the other county, and for the prisoner while so employed to be in the custody of such sheriff or chief of police, but in all other respects to be and continue subject to the order of the sentencing court. If the prisoner was convicted in a court in another city or county, the court of record having jurisdiction may, at the request or with the concurrence of the sentencing court, make all determinations and orders under sections 47-401 to 47-411 as might otherwise be made by the sentencing court after the prisoner is received at the jail.

Source:Laws 1969, c. 208, § 7, p. 815; Laws 1984, LB 394, § 24.


Annotations

47-408. Repealed. Laws 1996, LB 1155, § 121.

47-409. Privilege of leaving jail; violation of jail regulations; effect.

The chief of police, county sheriff, or such other person as may be charged with the administrative direction of a jail or jail facility may refuse to permit the prisoner to exercise his privilege to leave the jail or jail facility as provided in section 47-401 for any breach of discipline or other violation of jail regulations. Any such breach of discipline or other violation of jail regulations shall be reported to the sentencing court.

Source:Laws 1969, c. 208, § 9, p. 815; Laws 1979, LB 315, § 2.


47-410. Prisoner; employed or released; not agent, employee, or servant of city, county, or court.

No prisoner employed or otherwise released as provided in sections 47-401 to 47-411, while working in such employment or at any time during his release, shall be deemed an agent, employee, or servant of the city, county or court having jurisdiction over the prisoner.

Source:Laws 1969, c. 208, § 10, p. 815.


47-411. Willful failure of prisoner to comply with court order; deemed an escape from custody.

The willful failure of a prisoner to comply with the order of the court granting him the privilege of leaving the jail as provided by sections 47-401 to 47-411 or to return within the time set forth in such order shall be deemed an escape from custody punishable as provided by applicable municipal ordinances or state statutes.

Source:Laws 1969, c. 208, § 11, p. 815.


47-501. County board of corrections; sheriff; duty to implement sentence reductions and credits.

The county board of corrections shall be responsible for the implementation of sections 47-502 and 47-503 in the county in which it serves. In counties which do not have a county board of corrections, the county sheriff shall be responsible for the implementation of sections 47-502 and 47-503.

Source:Laws 1982, LB 231, § 1; R.S.Supp.,1982, § 23-2810; Laws 1983, LB 180, § 4; Laws 1993, LB 113, § 1.


47-502. Person sentenced to or confined in jail; sentence or sanction reduction.

Any person sentenced to or confined in a city or county jail, including any person serving a custodial sanction imposed in response to a parole or probation violation, shall, after the fifteenth day of his or her confinement, have his or her remaining term reduced one day for each day of his or her sentence or sanction during which he or she has not committed any breach of discipline or other violation of jail regulations.

Source:Laws 1982, LB 231, § 2; R.S.Supp.,1982, § 23-2811; Laws 1983, LB 180, § 5; Laws 1993, LB 113, § 2; Laws 2010, LB712, § 40;    Laws 2016, LB1094, § 27.    


Annotations

47-503. Credit against jail term.

(1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the criminal charge for which the jail term is imposed or as a result of conduct upon which such charge is based. Such credit shall include, but not be limited to, time spent in jail:

(a) Prior to trial;

(b) During trial;

(c) Pending sentence;

(d) Pending resolution of an appeal; and

(e) Prior to delivery of such person to the county board of corrections or, in counties which do not have a county board of corrections, the county sheriff.

(2) Credit to any person sentenced to a city or county jail who is eligible for credit pursuant to subsection (1) of this section shall be set forth as part of the sentence at the time such sentence is imposed.

Source:Laws 1993, LB 113, § 3.


Annotations

47-601. Repealed. Laws 2003, LB 46, § 56.

47-602. Repealed. Laws 2003, LB 46, § 56.

47-603. Repealed. Laws 2003, LB 46, § 56.

47-604. Repealed. Laws 2003, LB 46, § 56.

47-605. Repealed. Laws 2003, LB 46, § 56.

47-606. Repealed. Laws 2003, LB 46, § 56.

47-607. Repealed. Laws 2003, LB 46, § 56.

47-608. Repealed. Laws 2003, LB 46, § 56.

47-609. Repealed. Laws 2003, LB 46, § 56.

47-610. Repealed. Laws 2003, LB 46, § 56.

47-611. Repealed. Laws 2003, LB 46, § 56.

47-612. Repealed. Laws 2003, LB 46, § 56.

47-613. Repealed. Laws 2003, LB 46, § 56.

47-614. Repealed. Laws 2003, LB 46, § 56.

47-615. Repealed. Laws 2003, LB 46, § 56.

47-616. Repealed. Laws 2003, LB 46, § 56.

47-617. Repealed. Laws 2003, LB 46, § 56.

47-618. Repealed. Laws 2003, LB 46, § 56.

47-619. Act, how cited.

Sections 47-619 to 47-634 shall be known and may be cited as the Community Corrections Act.

Source:Laws 2003, LB 46, § 31;    Laws 2006, LB 1113, § 44;    Laws 2010, LB864, § 1.    


47-620. Legislative intent.

It is the intent of the Legislature that the Community Corrections Act:

(1) Provide for the development and establishment of community-based facilities and programs in Nebraska for adult offenders and encourage the use of such facilities and programs by sentencing courts and the Board of Parole as alternatives to incarceration or reincarceration, in order to reduce prison overcrowding and enhance offender supervision in the community; and

(2) Serve the interests of society by promoting the rehabilitation of offenders and deterring offenders from engaging in further criminal activity, by making community-based facilities and programs available to adult offenders while emphasizing offender culpability, offender accountability, and public safety and reducing reliance upon incarceration as a means of managing nonviolent offenders.

Source:Laws 2003, LB 46, § 32;    Laws 2006, LB 1113, § 45.    


47-621. Terms, defined.

For purposes of the Community Corrections Act:

(1) Community correctional facility or program means a community-based or community-oriented facility or program which (a) is operated either by the state or by a contractor which may be a unit of local government or a nongovernmental agency, (b) may be designed to provide residential accommodations for adult offenders, (c) provides programs and services to aid adult offenders in obtaining and holding regular employment, enrolling in and maintaining participation in academic courses, participating in vocational training programs, utilizing the resources of the community to meet their personal and family needs, obtaining mental health, alcohol, and drug treatment, and participating in specialized programs that exist within the community, and (d) offers community supervision options, including, but not limited to, drug treatment, mental health programs, and day reporting centers;

(2) Director means the executive director of the Nebraska Commission on Law Enforcement and Criminal Justice;

(3) Division means the Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice;

(4) Nongovernmental agency means any person, private nonprofit agency, corporation, association, labor organization, or entity other than the state or a political subdivision of the state; and

(5) Unit of local government means a county, city, village, or entity established pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act.

Source:Laws 2003, LB 46, § 33;    Laws 2005, LB 538, § 12;    Laws 2011, LB390, § 6.    


Cross References

47-622. Community Corrections Division; created.

The Legislature declares that the policy of the State of Nebraska is that there shall be a coordinated effort to (1) establish community correctional programs across the state in order to divert adult felony offenders from the prison system and (2) provide necessary supervision and services to adult felony offenders with the goal of reducing the probability of criminal behavior while maintaining public safety. To further such policy, the Community Corrections Division is created within the Nebraska Commission on Law Enforcement and Criminal Justice. The director shall appoint and remove employees of the division and delegate appropriate powers and duties to such employees.

Source:Laws 2003, LB 46, § 34;    Laws 2005, LB 538, § 13;    Laws 2011, LB390, § 7.    


47-623. Repealed. Laws 2011, LB 390, § 39.

47-624. Division; duties.

The division shall:

(1) Collaborate with the Office of Probation Administration, the Office of Parole Administration, and the Department of Correctional Services to develop and implement a plan to establish statewide operation and use of a continuum of community correctional facilities and programs;

(2) Develop, in consultation with the probation administrator and the Parole Administrator, standards for the use of community correctional facilities and programs by the Nebraska Probation System and the parole system;

(3) Collaborate with the Office of Probation Administration, the Office of Parole Administration, and the Department of Correctional Services on the development of additional reporting centers as set forth in section 47-624.01;

(4) Analyze and promote the consistent use of offender risk assessment tools;

(5) Educate the courts, the Board of Parole, criminal justice system stakeholders, and the general public about the availability, use, and benefits of community correctional facilities and programs;

(6) Enter into and administer contracts, if necessary, to carry out the purposes of the Community Corrections Act;

(7) In order to ensure adequate funding for substance abuse treatment programs, consult with the probation administrator and the Parole Administrator and develop or assist with the development of programs as provided in subdivision (14) of section 29-2252 and subdivision (8) of section 83-1,102;

(8) Study substance abuse and mental health treatment services in and related to the criminal justice system, recommend improvements, and evaluate the implementation of improvements;

(9) Research and evaluate existing community correctional facilities and programs, within the limits of available funding;

(10) Develop standardized definitions of outcome measures for community correctional facilities and programs, including, but not limited to, recidivism, employment, and substance abuse;

(11) Report annually to the Legislature and the Governor on the development and performance of community correctional facilities and programs. The report submitted to the Legislature shall be submitted electronically. The report shall include, but not be limited to, the following:

(a) A description of community correctional facilities and programs currently serving offenders in Nebraska, which includes the following information:

(i) The target population and geographic area served by each facility or program, eligibility requirements, and the total number of offenders utilizing the facility or program over the past year;

(ii) Services, programs, assessments, case management, supervision, and tools provided for offenders at the facility, in the program, or under the supervision of a governmental agency in any capacity;

(iii) The costs of operating the facility or program and the cost per offender; and

(iv) The funding sources for the facility or program;

(b) The progress made in expanding community correctional facilities and programs statewide and an analysis of the need for additional community corrections services;

(c) An analysis of the impact community correctional facilities and programs have on the number of offenders incarcerated within the Department of Correctional Services; and

(d) The recidivism rates and outcome data for probationers, parolees, and problem-solving-court clients participating in community corrections programs;

(12) Grant funds to entities including local governmental agencies, nonprofit organizations, and behavioral health services which will support the intent of the act;

(13) Manage all offender data acquired by the division in a confidential manner and develop procedures to ensure that identifiable information is not released;

(14) Establish and administer grants, projects, and programs for the operation of the division; and

(15) Perform such other duties as may be necessary to carry out the policy of the state established in the act.

Source:Laws 2003, LB 46, § 36;    Laws 2005, LB 538, § 15;    Laws 2006, LB 1113, § 47;    Laws 2010, LB864, § 2;    Laws 2011, LB390, § 8;    Laws 2012, LB782, § 58;    Laws 2012, LB817, § 3;    Laws 2016, LB679, § 1.    


47-624.01. Division; plan for implementation and funding of reporting centers; duties.

(1) The division shall collaborate with the Office of Probation Administration, the Office of Parole Administration, and the Department of Correctional Services in developing a plan for the implementation and funding of reporting centers in Nebraska.

(2) The plan shall include recommended locations for at least one reporting center in each district court judicial district that currently lacks such a center and shall prioritize the recommendations for additional reporting centers based upon need.

(3) The plan shall also identify and prioritize the need for expansion of reporting centers in those district court judicial districts which currently have a reporting center but have an unmet need for additional reporting center services due to capacity, distance, or demographic factors.

Source:Laws 2010, LB864, § 3;    Laws 2011, LB390, § 9.    


47-625. Repealed. Laws 2011, LB 390, § 39.

47-626. Repealed. Laws 2005, LB 538, § 30.

47-627. Uniform crime data analysis system.

The director shall develop and maintain a uniform crime data analysis system in Nebraska which shall include, but need not be limited to, the number of offenses, arrests, charges, probation admissions, probation violations, probation discharges, participants in specialized community corrections programs, admissions to and discharges from problem-solving courts, admissions to and discharges from the Department of Correctional Services, parole reviews, parole hearings, releases on parole, parole violations, and parole discharges. The data shall be categorized by statutory crime. The data shall be collected from the Board of Parole, the State Court Administrator, the Department of Correctional Services, the Office of Parole Administration, the Office of Probation Administration, the Nebraska State Patrol, counties, local law enforcement, and any other entity associated with criminal justice. The division and the Supreme Court shall have access to such data to implement the Community Corrections Act.

Source:Laws 2003, LB 46, § 39;    Laws 2005, LB 538, § 17;    Laws 2011, LB390, § 10;    Laws 2012, LB817, § 4.    


47-628. Community correctional programming; condition of probation.

(1) A sentencing judge may sentence an offender to probation conditioned upon community correctional programming.

(2) A sentence to a community correctional program or facility shall be imposed as a condition of probation pursuant to the Nebraska Probation Administration Act. The court may modify the sentence of an offender serving a sentence in a community correctional program in the same manner as if the offender had been placed on probation.

(3) The Office of Probation Administration shall utilize community correctional facilities and programs as appropriate.

Source:Laws 2003, LB 46, § 40;    Laws 2011, LB390, § 11.    


Cross References

47-629. Community correctional programming; paroled offenders.

(1) The Board of Parole may parole an offender to a community correctional facility or program pursuant to guidelines developed by the division.

(2) The Department of Correctional Services and the Office of Parole Administration shall utilize community correctional facilities and programs as appropriate.

Source:Laws 2003, LB 46, § 41;    Laws 2011, LB390, § 12.    


47-630. Repealed. Laws 2011, LB 390, § 39.

47-631. Repealed. Laws 2011, LB 390, § 39.

47-632. Community Corrections Uniform Data Analysis Cash Fund; created; use; investment.

(1) The Community Corrections Uniform Data Analysis Cash Fund is created. Except as provided in subsections (2) and (3) of this section, the fund shall be within the Nebraska Commission on Law Enforcement and Criminal Justice, shall be administered by the division, and shall only be used to support operations costs and analysis relating to the implementation and coordination of the uniform analysis of crime data pursuant to the Community Corrections Act, including associated information technology projects. The fund shall consist of money collected pursuant to section 47-633.

(2) Transfers may be made from the fund to the General Fund at the direction of the Legislature.

(3) The State Treasurer shall transfer the following amounts from the Community Corrections Uniform Data Analysis Cash Fund to the Violence Prevention Cash Fund:

(a) Two hundred thousand dollars on July 1, 2011, or as soon thereafter as administratively possible; and

(b) Two hundred thousand dollars on July 1, 2012, or as soon thereafter as administratively possible.

(4) Any money in the Community Corrections Uniform Data Analysis Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2003, LB 46, § 44;    Laws 2005, LB 426, § 11;    Laws 2005, LB 538, § 19;    Laws 2007, LB322, § 6;    Laws 2009, LB63, § 31;    Laws 2009, First Spec. Sess., LB3, § 23;    Laws 2011, LB378, § 21;    Laws 2011, LB390, § 13.    


Cross References

47-633. Fees.

In addition to all other court costs assessed according to law, a uniform data analysis fee of one dollar shall be taxed as costs for each case filed in each county court, separate juvenile court, and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Community Corrections Uniform Data Analysis Cash Fund.

Source:Laws 2003, LB 46, § 45;    Laws 2007, LB322, § 7.    


47-634. Receipt of funds by local entity; local advisory committee required; plan required.

For a local entity to receive funds under the Community Corrections Act, the division shall ensure there is a local advisory committee made up of a broad base of community members concerned with the justice system. Submission of a detailed plan including a budget, program standards, and policies as developed by the local advisory committee shall be required as set forth by the division. Such funds shall be used for the implementation of the recommendations of the division, the expansion of sentencing options, the education of the public, the provision of supplemental community-based corrections programs, and the promotion of coordination between state and county community-based corrections programs.

Source:Laws 2006, LB 1113, § 48;    Laws 2011, LB390, § 14.    


47-635. Repealed. Laws 2011, LB 390, § 39.

47-636. Repealed. Laws 2011, LB 390, § 39.

47-637. Repealed. Laws 2011, LB 390, § 39.

47-638. Repealed. Laws 2011, LB 390, § 39.

47-639. Repealed. Laws 2011, LB 390, § 39.

47-701. Medical services, defined; responsibility for payment.

(1) Notwithstanding any other provision of law, sections 47-701 to 47-705 shall govern responsibility for payment of the costs of medical services for any person ill, wounded, injured, or otherwise in need of such services at the time such person is arrested, detained, taken into custody, or incarcerated.

(2) For purposes of sections 47-701 to 47-705, the term medical services includes medical and surgical care and treatment, hospitalization, transportation, medications and prescriptions, and other associated items.

Source:Laws 1999, LB 112, § 1.    


47-702. Primary responsibility for payment; reimbursement sources.

Primary responsibility for payment of the costs of medical services provided to individuals who are arrested, detained, taken into custody, or incarcerated shall be with the recipients of such services if the recipients are entitled to payment of or reimbursement for the costs of such medical services under the terms and provisions of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or another similar source as provided in subdivision (1) of this section. Providers of such medical services shall seek reimbursement from the following sources in the following order:

(1) From an insurer, a health maintenance organization, a preferred provider organization, or other similar source, if the recipient of medical services is entitled to payment of or reimbursement for the costs of such medical services under the terms and provisions of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or another similar source. This section does not extend or enlarge the liability of any such insurer, health maintenance organization, preferred provider organization, or other similar source, and no such insurer, health maintenance organization, preferred provider organization, or other similar source is responsible for paying or reimbursing any costs of medical services for which it is not otherwise responsible under the terms of the applicable policy, subscription, or agreement. Any individual who is entitled to payment or reimbursement for the costs of medical services under the terms of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source shall cooperate with the providers of such services by making whatever applications, assignment, or other arrangements that are necessary in order to secure payment for the services provided; and

(2) From any other available source, including, when appropriate, the United States Department of Veterans Affairs, the Social Security Administration, the Department of Health and Human Services, or other similar source.

Source:Laws 1999, LB 112, § 2.    


47-703. Payment by governmental agency; when; notice to provider.

(1) Upon a showing that reimbursement from the sources enumerated in section 47-702 is not available, in whole or in part, the costs of medical services shall be paid by the appropriate governmental agency. Such payment shall be made within ninety days after such showing. For purposes of this section, a showing shall be deemed sufficient if a provider of medical services signs an affidavit stating that (a) in the case of an insurer, health maintenance organization, preferred provider organization, or other similar source, a written denial of payment has been issued or (b) in all other cases, efforts have been made to identify sources and to collect from those sources and more than one hundred eighty days have passed or the normal collection efforts are exhausted since the medical services were rendered but full payment has not been received. Such affidavit shall be forwarded to the appropriate governmental agency. In no event shall the provider of medical services be required to file a suit in a court of law or retain the services of a collection agency to satisfy the requirement of showing that reimbursement is not available pursuant to this section.

(2) In the case of medical services necessitated by injuries or wounds suffered during the course of apprehension or arrest, the appropriate governmental agency chargeable for the costs of medical services shall be the apprehending or arresting agency and not the agency responsible for operation of the institution or facility in which the recipient of the services is lodged. In all other cases, the appropriate governmental agency shall be the agency responsible for operation of the institution or facility in which the recipient of the services is lodged, except that when the agency is holding the individual solely for another jurisdiction, the agency may, by contract or otherwise, seek reimbursement from the other jurisdiction for the costs of the medical services provided to the individual being held for that jurisdiction.

(3) Except as provided in section 47-705, a governmental agency shall not be responsible for paying the costs of any medical services provided to an individual if such services are provided after he or she is released from the legal custody of the governmental agency or when the individual is released on parole.

(4) Any governmental agency requesting medical services for an individual who is arrested, detained, taken into custody, or incarcerated shall notify the provider of such services of (a) all information possessed by the agency concerning potential sources of payment and (b) the name of the appropriate governmental agency pursuant to subsection (2) of this section.

Source:Laws 1999, LB 112, § 3;    Laws 2012, LB881, § 1.    


47-704. Costs not reimbursable.

The costs of routine medical services provided in the ordinary course of the duties of regular staff of a jail, prison, or other similar holding or detention facility shall not be considered reimbursable under sections 47-701 to 47-705.

Source:Laws 1999, LB 112, § 4.    


47-705. Sections; how construed; denial of medical services; damages.

(1) Sections 47-701 to 47-704 do not release any governmental agency from liability for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual. Any recipient or provider of medical services or any insurer, health maintenance organization, preferred provider organization, or other similar source that may be responsible for the costs of medical services pursuant to sections 47-701 to 47-704 shall be entitled to reimbursement from the appropriate governmental agency for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the governmental agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual.

(2) Any person who denies medical services to any individual who is arrested, detained, taken into custody, or incarcerated, solely on the basis that the individual is without a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source of health insurance, is guilty of nonfeasance, shall be removed from his or her employment immediately, and shall be answerable in civil damages to the individual denied medical services.

Source:Laws 1999, LB 112, § 5.    


47-706. Medical assistance; federal financial participation; legislative intent; Department of Health and Human Services; Department of Correctional Services; duties.

(1) It is the intent of the Legislature to ensure that human services agencies, correctional facilities, and detention facilities recognize that:

(a) Federal law generally does not authorize federal financial participation for medicaid when a person is an inmate of a public institution as defined in federal law but that federal financial participation is available after an inmate is released from incarceration; and

(b) The fact that an applicant is currently an inmate does not, in and of itself, preclude the Department of Health and Human Services from processing an application submitted to it by, or on behalf of, the inmate.

(2)(a) Medical assistance under the medical assistance program shall be suspended, rather than canceled or terminated, for a person who is an inmate of a public institution if:

(i) The Department of Health and Human Services is notified of the person's entry into the public institution;

(ii) On the date of entry, the person was enrolled in the medical assistance program; and

(iii) The person is eligible for the medical assistance program except for institutional status.

(b) A suspension under subdivision (2)(a) of this section shall end on the date the person is no longer an inmate of a public institution.

(c) Upon release from incarceration, such person shall continue to be eligible for receipt of medical assistance until such time as the person is otherwise determined to no longer be eligible for the medical assistance program.

(3)(a) The Department of Correctional Services shall notify the Department of Health and Human Services:

(i) Within twenty days after receiving information that a person receiving medical assistance under the medical assistance program is or will be an inmate of a public institution; and

(ii) Within forty-five days prior to the release of a person who qualified for suspension under subdivision (2)(a) of this section.

(b) Local correctional facilities, juvenile detention facilities, and other temporary detention centers shall notify the Department of Health and Human Services within ten days after receiving information that a person receiving medical assistance under the medical assistance program is or will be an inmate of a public institution.

(4) Nothing in this section shall create a state-funded benefit or program.

(5) For purposes of this section, medical assistance program means the medical assistance program under the Medical Assistance Act and the State Children's Health Insurance Program.

(6) This section shall be implemented only if, and to the extent, allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained. The Department of Health and Human Services shall seek such approval if required.

(7) Local correctional facilities, the Nebraska Commission on Law Enforcement and Criminal Justice, and the Office of Probation Administration shall cooperate with the Department of Health and Human Services and the Department of Correctional Services for purposes of facilitating information sharing to achieve the purposes of this section.

(8)(a) The Department of Correctional Services shall adopt and promulgate rules and regulations, in consultation with the Department of Health and Human Services and local correctional facilities, to carry out this section.

(b) The Department of Health and Human Services shall adopt and promulgate rules and regulations, in consultation with the Department of Correctional Services and local correctional facilities, to carry out this section.

Source:Laws 2015, LB605, § 108.    


Cross References

47-801. Act, how cited.

Sections 47-801 to 47-807 shall be known and may be cited as the Private Prison Contracting Act.

Source:Laws 2001, LB 85, § 1.    


47-802. Department of Correctional Services; Department of Administrative Services; powers and duties; contractor; duties.

(1) The Department of Correctional Services is authorized to provide for incarceration, supervision, and residential treatment at facilities other than those operated by the Department of Correctional Services. Services offered for persons under the custody or supervision of the department are to include, but not be limited to, housing, treatment, medical and mental health services, work programs, education, and community corrections. Such services shall meet practices prescribed and established by the department for implementing such programs, including, but not limited to, practices concerning internal and perimeter security, discipline of inmates, educational and vocational training programs, employment of inmates, and proper food, clothing, housing, and medical care. Such services, if provided by private prison contractors, shall be contracted for as required by the Private Prison Contracting Act. All inmates incarcerated in a correctional institution operated under this subsection shall be treated in a reasonable and humane manner to the same extent as inmates incarcerated in a correctional institution operated by the department.

(2) The department is authorized to contract for the operation of correctional institutions of the department by private prison contractors. Such operation shall meet practices prescribed by the department, including, but not limited to, practices concerning internal and perimeter security, discipline of inmates, classification, educational and vocational training programs, and proper food, clothing, housing, transportation, and medical care. All inmates incarcerated in a correctional institution operated under this subsection shall be treated in a reasonable and humane manner to the same extent as inmates incarcerated in a correctional institution operated by the department. Contract requirements shall include, but not be limited to, the following:

(a) Drug testing of inmates as determined by the department;

(b) Compliance with all rules and regulations of the department;

(c) A requirement that the contractor report all crimes connected with the facility to the department, to local law enforcement agencies having jurisdiction of the facility, and, for a crime committed at a state institution, to the Nebraska State Patrol;

(d) A requirement that the facility be staffed at all times with a staffing pattern approved by the department and that failure to fill vacancies, as defined by the department, shall result in penalties as determined by the department;

(e) A requirement that all employees of the private prison contractor meet training requirements as determined by the department;

(f) Requirements relating to exercise of force and use of firearms as follows:

(i) Employees of a private prison contractor shall be allowed to use force and to exercise their powers and authority only (A) while on the grounds of an institution operated in whole or in part by their employer, (B) while transporting inmates, and (C) while pursuing escapees from an institution;

(ii) An employee of a private prison contractor shall be allowed to carry firearms if the private prison contractor and the employee meet all federal, state, and local requirements regarding the possession and carrying of firearms. Such employee shall only be allowed to use a firearm (A) to prevent an inmate's escape from a facility or from custody while being transported to or from a facility and (B) to prevent an act by an inmate which would cause death or serious bodily harm. For purposes of this subdivision, to prevent escape from a facility means to prevent an inmate from crossing the secure perimeter of a facility; and

(iii) Duly authorized persons who meet all the training and licensing requirements of the state where they are employed and who enter Nebraska for the purpose of transporting inmates of other states shall be authorized to use force while transporting and apprehending such inmates and shall be authorized to use deadly force under the circumstances as set forth in subdivision (ii) of this subdivision.

Subdivision (2)(f) of this section does not confer peace officer status on the private prison contractor or its employees or persons from other states and does not authorize the use of firearms, except in accordance with such subdivision;

(g) A provision that any offense which would be a crime if committed within a state or local correctional facility shall be a crime if committed in a facility operated by a private prison contractor; and

(h) A statement that the contract does not authorize, allow, or imply a delegation of authority or responsibility to any private prison contractor to perform any of the following:

(i) Calculating inmate release and parole eligibility dates;

(ii) Granting, denying, or revoking sentence credits;

(iii) Approving inmates for furloughs, work release, or parole; or

(iv) Approving the type of work inmates may perform or the wages or sentence credits which may be given the inmates engaging in such work.

(3) The department is authorized, only upon the condition that there is a need for more bed spaces when existing facilities are operating at maximum capacity of one hundred twenty-five percent, to seek approval for the construction of one or more correctional institutions of the department by private prison contractors.

(4) A comprehensive file for all private prison contractors interested in and capable of operating one or more correctional institutions of the department or providing for the housing, care, and control of inmates in a correctional facility owned and operated by the contractor shall be maintained by the department. The file shall include:

(a) A completed application form received from the private prison contractor;

(b) A resume of the private prison contractor's staff and capability;

(c) A completed performance evaluation form from past projects on which the contractor has provided private prison services;

(d) A list of past contracts with the state;

(e) A list of contracts to provide similar services to other states or to the United States; and

(f) The mailing address of each private prison contractor.

Any person or firm wishing to be a private prison contractor may request at any time to be included in the comprehensive file and shall be provided necessary forms within twenty days of the request, and the department shall add such contractor to the list within twenty days of receipt of a properly completed application. The department may solicit evaluation of work done by private prison contractors from members of the private sector, which evaluation shall be part of the comprehensive file.

(5) If the department intends to contract with a private prison contractor, subject to the requirements of subsection (3) of this section, all persons and firms included in the comprehensive file established pursuant to subsection (4) of this section shall be notified by mail of such intent. Such notification shall contain the following information:

(a) A description and the scope of the project;

(b) Estimated time schedule for the project;

(c) The final date for submitting to the Director of Correctional Services notice of interest in contracting; and

(d) Other pertinent data as determined by the department.

A private prison contractor desiring consideration shall meet the requirements of this section and, to be considered, shall submit a letter expressing interest in the project to the department within thirty days after the postmark date of the letter of notification mailed by the department. The contractor shall file an updated application form if requested by the department.

(6) The department shall define the scope of a proposed project, determine the various project components, phases, and timetables, and prepare detailed project descriptions to guide prospective contractors. Before the department awards a contract to a private prison contractor, the plans shall be approved by the Director of Correctional Services.

(7) The department shall review the files of the private prison contractors desiring consideration for the project. The review shall consider the requirements of the project, replies to inquiries to former clients of the private prison contractor, and the following factors to be determined from the comprehensive file:

(a) Specialized experience in the type of work contemplated;

(b) Capacity of the private prison contractor to accomplish the work in the required time; and

(c) Past performance, from the performance evaluation form.

(8) A full report of the evaluation procedures and recommendations of the department shall be prepared by the department and submitted to the director for his or her independent review of the entire process.

(9)(a) The department shall select the private prison contractor whose qualifications and project proposal most substantially meet the criteria of the project description.

(b) The department shall execute the contract with the selected contractor, which contract shall include a fair and reasonable fee.

(c) The negotiated scope and fee shall be reported to the director for his or her approval of the award of the contract.

(10) The Department of Administrative Services shall assist the Department of Correctional Services in implementing the contracting procedures provided for in this section. The Department of Administrative Services may have a representative at any meeting involving negotiations of a contract between the Department of Correctional Services and a private prison contractor. Before submission of the proposed contract to the Governor, and prior to the date as of which the proposed contract is executed by the Department of Correctional Services, the Attorney General and the Director of Administrative Services shall review the proposed final version of the contract. The Attorney General and the Director of Administrative Services shall, within fifteen days after receipt of the proposed final version of the contract, either disapprove the contract or approve and execute the contract. If either the Attorney General or the Director of Administrative Services has objections to the proposed contract, the objections shall be communicated in writing to the Department of Correctional Services. The Department of Correctional Services shall take appropriate action regarding the objections and shall resubmit the proposed contract for additional review. The Attorney General and the Department of Administrative Services shall have an additional fifteen-day period to approve and execute the proposed contract. Failure of either the Attorney General or the Director of Administrative Services to act within the fifteen-day period shall constitute approval of the respective official to the proposed final version of the contract. The contract shall contain a separate signature block or line for signatures by the Attorney General and the Director of Administrative Services. The contract shall contain a statement to be executed by the Attorney General and the Director of Administrative Services that each one of them has reviewed the proposed contract for compliance with this section and all other applicable provisions of law and that the contract conforms to those requirements. Neither the private prison contractor nor the Director of Correctional Services shall execute the contract until the document has been executed by the Attorney General and the Director of Administrative Services as required by this subsection unless the approval of the Attorney General or the Director of Administrative Services is the result of failure to take action within the fifteen-day period prescribed by this subsection.

(11) The Director of Administrative Services may lease real property and improvements on such property to a private prison contractor in conjunction with a contract for private management of a state correctional institution located or to be built on the property. The lease may be entered into for a two-year term renewable at the sole option of the State of Nebraska.

(12) A contract awarded to a private prison contractor pursuant to this section shall be entered into for a period specified in each contract, subject to availability of funds annually appropriated by the Legislature for that purpose. No contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year.

(13) No contract authorized pursuant to this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the Department of Correctional Services:

(a) That the contractor possesses the necessary qualifications and experience to provide the services specified in the contract;

(b) That the contractor can provide the necessary qualified personnel to implement the terms of the contract;

(c) That the financial condition of the contractor is such that the terms of the contract can be fulfilled; and

(d) That the contractor has the ability to comply with applicable court orders and corrections practices.

(14) No contract authorized pursuant to this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the Department of Correctional Services that the contractor can obtain insurance or provide self-insurance to compensate the state for any property damage or expenses incurred due to the operation of prison facilities and can indemnify the state against possible lawsuits arising from the operation of prison facilities by the private prison contractor.

(15) A private prison contractor shall not be bound by state laws or other legislative enactments governing the appointment, duties, salaries, or benefits of wardens, superintendents, or other correctional employees, except that any personnel authorized to carry and use firearms shall comply with the certification standards required by law and be authorized to use firearms only to prevent a felony, to prevent escape from custody, or to prevent an act which would cause death or serious bodily injury to the personnel or to another person.

(16) Any offense which would be a crime if committed within a state correctional institution also shall be a crime if committed in an institution or facility operated by a private prison contractor.

(17) The Director of Correctional Services or his or her designee shall monitor and evaluate the performance of the private prison contractor. Monitoring and evaluation to be considered comprehensive shall include, but not be limited to:

(a) The request for proposal process, bid process, and construction and contract phases;

(b) Compliance with the contract, including the provision of essential services;

(c) Compliance with performance criteria, including American Correctional Association accreditation standards, and penalties for noncompliance;

(d) Unlimited and unrestricted access to all parts of the facility with or without notice and all reports and records of the facility except the contractor's financial records;

(e) Authority to enforce compliance, including authorization to impose a fine on the contractor for the contractor's failure to perform its contractual duties or authority to cancel the contract if appropriate; and

(f) Reports by the contractor on compliance or performance measures, including, but not limited to, significant incidents as determined by the Department of Correctional Services.

Source:Laws 2001, LB 85, § 2.    


47-803. Department of Correctional Services; contractor criteria; contract; requirements.

(1) The Department of Correctional Services shall develop criteria for the process by which a contractor for the construction or operation, or both, of a private prison is to be awarded a contract. The criteria shall be subject to approval by the Director of Correctional Services. The criteria for selection of a site for a proposed facility to be constructed or operated, or both, by a private prison contractor shall include, but shall not be limited to, the availability of medical services, support services, and transportation services and the availability of potential employees who would be qualified to perform required functions at a state correctional facility.

(2) Any contract between the department and a private prison contractor pursuant to which the private prison contractor provides for the housing, care, and control of inmates in a nondepartmental facility operated by the private prison contractor shall contain, in addition to other provisions, the following terms and conditions:

(a) Requiring the private prison contractor to provide such services in a facility which meets accreditation standards established by the American Correctional Association;

(b) Requiring the contractor to receive and maintain accreditation for the facility from the American Correctional Association within two years after commencement of operations of the facility;

(c) Requiring the Department of Correctional Services to determine where the facility is to be located and to obtain written authorization from the appropriate municipality or the county board of the county in which the facility is to be located; and

(d) Granting the department the option at the beginning of each fiscal year, pursuant to an agreement, to purchase any such facility, with or without inventory or other personal property, at a predetermined price which shall be negotiated and included in a schedule or a formula to be contained in the original agreement.

(3) A private prison contractor proposing to enter a contract with the department for construction or operation, or both, of a correctional facility pursuant to this section shall demonstrate:

(a) The qualifications and the operations and management experience to carry out the terms of the contract; and

(b) The ability to comply with the standards of the American Correctional Association and with specific court orders.

(4) In addition to meeting the requirements specified in the request for proposals, a proposal for the construction and operation of a correctional facility shall:

(a) Provide for regular, onsite monitoring by the department;

(b) Acknowledge that payment by the state is subject to the availability of appropriations;

(c) Provide for payment of a maximum amount per fiscal year;

(d) Provide for meeting performance criteria or be subject to penalties;

(e) Demonstrate a cost benefit to the State of Nebraska when compared to the level and quality of programs provided by state correctional facilities that have similar types of inmates at an operational cost not more than the cost of housing inmates in similar facilities and providing similar programs to those types of inmates in state-operated facilities. The department shall be responsible for determining the costs and benefits of the proposal;

(f) Permit the state to terminate the contract for cause;

(g) Contain a per diem operational cost per inmate for the initial year of operations;

(h) Subject to appropriations, provide that cost adjustments may be made only once each fiscal year, to take effect at the beginning of the next fiscal year using as the maximum percentage increase, if any, an increase not to exceed the previous year's Consumer Price Index for All Urban Consumers as prepared by the United States Department of Labor, Bureau of Labor Statistics;

(i) Have an initial contract term of not more than two years, with an option to renew;

(j) If the proposal includes construction of a facility, contain necessary bonds and performance conditions approved by the department that are adequate and appropriate for the proposed contract;

(k) Provide for assumption of liability by the private prison contractor for all claims arising from the services performed under the contract by the private prison contractor;

(l) Provide for an adequate plan of insurance for the private prison contractor and its officers, employees, and agents against all claims, including claims based on violations of civil rights arising from the services performed under the contract by the private prison contractor;

(m) Provide for an adequate plan of insurance to protect the state against all claims arising from the services performed under the contract by the private prison contractor and to protect the state from actions by a third party against the private prison contractor, its officers, employees, and agents as a result of the contract;

(n) Provide plans for the purchase and assumption of operations by the state in the event of the bankruptcy of the private prison contractor; and

(o) Contain comprehensive standards for conditions of confinement.

(5) At the end of each fiscal year, the department shall determine the average daily cost per inmate for the operational costs at each major category of correctional facility. There shall be a separate computation of the average daily rate for medium security, minimum security, and community corrections facilities.

(6) If no proposals conform to the established criteria, the department shall prepare an additional request for proposals. The department shall evaluate the proposals within thirty days after receipt from the prospective private prison contractors. The department shall specifically determine whether a proposal meets the requirements of subdivision (4)(e) of this section by comparing the daily rate for housing and care of inmates pursuant to any proposed contract with a private prison contractor to the daily rate for housing and care of inmates at the comparable type of facility operated by the department. The department shall evaluate proposals taking into account any direct or indirect costs that would continue to be paid by the department, including, but not limited to, transportation, records management, discipline, general administration, management of inmate trust funds, and major medical coverage. Such costs shall be added to the proposed per diem of the private prison contractor when comparing the total per diem costs of facilities operated by the state.

(7) If the department proposes to enter into a contract for the construction or the operation, or both, of a private prison, the department shall compare both the capital costs and the operating costs for the facility to the imputed capital costs and the projected operating costs of a comparable facility constructed and operated by the department.

(8) A selection committee shall be established and shall deliver to the Director of Correctional Services a list containing the top three qualified prospective private prison contractors identified pursuant to this section together with the information reviewed and analyzed by the department during analysis of the proposals as required by this section. The director shall evaluate the information provided and shall make a final decision selecting the contractor within thirty days after receipt of the list and the information.

(9) Any contract subject to this section entered into by the Department of Correctional Services shall be subject to the approval of the Governor.

Source:Laws 2001, LB 85, § 3.    


47-804. Site selection criteria.

(1) The Department of Correctional Services shall develop criteria for selection of a site upon which to construct the correctional facilities. The criteria shall include, but shall not be limited to, the availability of medical services, support services, and transportation services, the availability of potential employees who would be qualified to perform required functions at a state correctional facility, and any benefits of incentives offered by the applicant. The criteria shall be subject to approval by the Director of Correctional Services.

(2) The department shall establish a process for requesting proposals to construct a correctional facility built with the funds authorized.

(3) Proposals shall be submitted not later than sixty days after receipt of the request for proposals. The department shall identify the proposals meeting the criteria approved pursuant to subsection (1) of this section within sixty days after receipt of the proposals. The department shall identify by appropriate review and analysis the proposals submitted and shall select a maximum of three proposals which conform to the criteria set out in subsection (1) of this section and shall forward the proposals meeting criteria to the director.

(4) Any plans developed pursuant to the process for selection of a private prison contractor for construction of a facility authorized under the Private Prison Contracting Act shall become the nonexclusive property of the State of Nebraska as a condition of the award of the final contract for construction of the facility. The State of Nebraska shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects for site adaptation for buildings, structures, or both, for use by the department.

(5) The department shall be responsible for any changes or updates of such plans for construction of any additional correctional facility constructed using the plans described in subsection (4) of this section.

(6) If the department requires architectural, engineering, or other consulting services in addition to those services authorized by this section, the department shall be authorized to enter into a contract with any architect or engineer or for other necessary services, as may be required in order to adapt existing plans for new sites for additional correctional facilities. The costs of any such services shall be paid by the department.

Source:Laws 2001, LB 85, § 4.    


47-805. Restriction on inmates.

A private prison contractor shall not accept or house federal inmates or inmates from another state.

Source:Laws 2001, LB 85, § 5.    


47-806. County or political subdivision; prohibited acts.

The Private Prison Contracting Act does not authorize a county or other political subdivision to enter into a contract with a private prison contractor to construct or operate a correctional facility within or on behalf of such county or other political subdivision.

Source:Laws 2001, LB 85, § 6.    


47-807. Rules and regulations.

The Department of Correctional Services shall adopt and promulgate rules and regulations to carry out the Private Prison Contracting Act.

Source:Laws 2001, LB 85, § 7.    


47-901. Act, how cited.

Sections 47-901 to 47-919 shall be known and may be cited as the Office of Inspector General of the Nebraska Correctional System Act.

Source:Laws 2015, LB598, § 1;    Laws 2016, LB1094, § 28.    


47-902. Legislative intent.

(1) It is the intent of the Legislature to:

(a) Establish a full-time program of investigation and performance review to provide increased accountability and oversight of the Nebraska correctional system;

(b) Assist in improving operations of the department and the Nebraska correctional system;

(c) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the supervision and release of persons in the Nebraska correctional system. A lack of responsibility and accountability between individuals and private agencies in the current system make it difficult to monitor and oversee the Nebraska correctional system; and

(d) Provide a process for investigation and review in order to improve policies and procedures of the correctional system.

(2) It is not the intent of the Legislature in enacting the Office of Inspector General of the Nebraska Correctional System Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under his or her administrative direction.

Source:Laws 2015, LB598, § 2.    


47-903. Terms, defined.

For purposes of the Office of Inspector General of the Nebraska Correctional System Act, the following definitions apply:

(1) Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency;

(2) Department means the Department of Correctional Services;

(3) Director means the Director of Correctional Services;

(4) Inspector General means the Inspector General of the Nebraska Correctional System appointed under section 47-904;

(5) Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty;

(6) Management means supervision of subordinate employees;

(7) Misfeasance means the improper performance of some act that a person may lawfully do;

(8) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;

(9) Office means the office of Inspector General of the Nebraska Correctional System and includes the Inspector General and other employees of the office;

(10) Office of Parole Administration means the office created pursuant to section 83-1,100;

(11) Private agency means an entity that contracts with the department or contracts to provide services to another entity that contracts with the department; and

(12) Record means any recording in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records.

Source:Laws 2015, LB598, § 3;    Laws 2016, LB1094, § 29.    


47-904. Office of Inspector General of the Nebraska Correctional System; created; Inspector General; appointment; term; qualifications; employees; removal.

(1) The office of Inspector General of the Nebraska Correctional System is created within the office of Public Counsel for the purpose of conducting investigations, audits, inspections, and other reviews of the Nebraska correctional system. The Inspector General shall be appointed by the Public Counsel with approval from the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department shall be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During his or her employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as he or she deems necessary to carry out the duties of the office within the amount available by appropriation through the office of Public Counsel for the office of Inspector General of the Nebraska Correctional System. The Inspector General shall be subject to the control and supervision of the Public Counsel, except that removal of the Inspector General shall require approval of the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.

Source:Laws 2015, LB598, § 4.    


47-905. Office; duties; law enforcement agencies and prosecuting attorneys; cooperation; confidentiality.

(1) The office shall investigate:

(a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of the department by an employee of or a person under contract with the department or a private agency; and

(b) Death or serious injury in private agencies, department correctional facilities, and other programs and facilities licensed by or under contract with the department. The department shall report all cases of death or serious injury of a person in a private agency, department correctional facility or program, or other program or facility licensed by the department to the Inspector General as soon as reasonably possible after the department learns of such death or serious injury. For purposes of this subdivision, serious injury means an injury or illness caused by malfeasance or misfeasance which leaves a person in critical or serious condition.

(2) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to sections 23-1821 to 23-1823.

(3) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys shall cooperate with any investigation conducted by the Inspector General and shall, immediately upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation. All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity. Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of the Nebraska Correctional System Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section. Law enforcement agencies and prosecuting attorneys shall, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. If the Inspector General in conjunction with the Public Counsel determines it appropriate, the Inspector General may, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution. Under no circumstance shall the Inspector General interview any person who has already been interviewed by a law enforcement agency in connection with a relevant ongoing investigation of a law enforcement agency.

Source:Laws 2015, LB598, § 5.    


47-906. Office; access to information and personnel; investigation.

(1) The office shall have access to all information and personnel necessary to perform the duties of the office.

(2) A full investigation conducted by the office shall consist of retrieval of relevant records through subpoena, request, or voluntary production, review of all relevant records, and interviews of all relevant persons.

Source:Laws 2015, LB598, § 6.    


47-907. Complaints to office; form; full investigation; when; notice.

(1) Complaints to the office may be made in writing. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department by an employee of or a person under contract with the department or a private agency. All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department;

(b) The complaint is against a person within the jurisdiction of the office; and

(c) The allegations can be independently verified through investigation.

(3) The Inspector General shall determine within fourteen days after receipt of a complaint whether the office will conduct a full investigation.

(4) When a full investigation is opened on a private agency that contracts with the department, the Inspector General shall give notice of such investigation to the department.

Source:Laws 2015, LB598, § 7.    


47-908. Cooperation with office; when required.

All employees of the department, all employees of the Office of Parole Administration, and all owners, operators, managers, supervisors, and employees of private agencies shall cooperate with the office. Cooperation includes, but is not limited to, the following:

(1) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any statute, rule, or regulation if done in good faith for purposes of an investigation under the Office of Inspector General of the Nebraska Correctional System Act;

(2) Fair and honest disclosure of records and information reasonably requested by the office in the course of an investigation under the act;

(3) Encouraging employees to fully comply with reasonable requests of the office in the course of an investigation under the act;

(4) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;

(5) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;

(6) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and

(7) Not willfully interfering with or obstructing the investigation.

Source:Laws 2015, LB598, § 8;    Laws 2016, LB1094, § 30.    


47-909. Failure to cooperate; effect.

Failure to cooperate with an investigation by the office may result in discipline or other sanctions.

Source:Laws 2015, LB598, § 9.    


47-910. Inspector General; powers; rights of person required to provide information.

The Inspector General may issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry. A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned.

Source:Laws 2015, LB598, § 10.    


47-911. Office; access to records; subpoena; records; statement of record integrity and security; contents; treatment of records.

(1) In conducting investigations, the office shall access all relevant records through subpoena, compliance with a request by the office, and voluntary production. The office may request or subpoena any record necessary for the investigation from the department or a private agency that is pertinent to an investigation. All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(2) Compliance with a request of the office includes:

(a) Production of all records requested;

(b) A diligent search to ensure that all appropriate records are included; and

(c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request.

(3) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt department programs or services. When advance notice to an administrator or his or her designee is not provided, the office investigator shall, upon arrival at the departmental office, bureau, or division or private agency, request that an onsite employee notify the administrator or his or her designee of the investigator's arrival.

(4) When circumstances of an investigation require, the office may make an unannounced visit to a departmental office, bureau, or division, a department correctional facility, or a private agency to request records relevant to an investigation.

(5) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the office, bureau, division, private agency, or department correctional facility to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured; and

(d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(6) The office shall permit a responsible individual, an administrator, or an employee of a departmental office, bureau, or division, a private agency, or a department correctional facility to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(7) The office shall present to the responsible individual or the administrator or other employee of the departmental office, bureau, or division, private agency, or department correctional facility a copy of the request, stating the date and the titles of the records received.

(8) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten working days after the date of the compliance request.

(9) All investigations conducted by the office shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

Source:Laws 2015, LB598, § 11.    


47-912. Reports of investigations; distribution; redact confidential information; powers of office.

(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.

(2) The office shall redact confidential information before distributing a report of an investigation. The office may disclose confidential information to the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Public Counsel, desirable to keep the chairperson informed of important events, issues, and developments in the Nebraska correctional system.

(3) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.

(4) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of the Nebraska Correctional System Act.

Source:Laws 2015, LB598, § 12.    


47-913. Department; provide direct computer access.

The department shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the department in connection with administration of the Nebraska correctional system, except that the Public Counsel's and Inspector General's access to an inmate's medical or mental health records shall be subject to the inmate's consent.

Source:Laws 2015, LB598, § 13.    


47-914. Inspector General's report of investigation; contents; distribution.

(1) The Inspector General's report of an investigation shall be in writing to the Public Counsel and shall contain recommendations. The report may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of employees or for sanctions against a private agency. All recommendations to pursue discipline shall be in writing and signed by the Inspector General. A report of an investigation shall be presented to the director within fifteen days after the report is presented to the Public Counsel.

(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.

(3) A report that identifies misconduct, misfeasance, malfeasance, violation of statute, or violation of rules and regulations by an employee of the department or a private agency that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer may not further distribute the report or any confidential information contained in the report.

Source:Laws 2015, LB598, § 14.    


47-915. Report; director; accept, reject, or request modification; when final; written response; corrected report; appended material.

(1) Within fifteen days after a report is presented to the director under section 47-914, he or she shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The Inspector General, with input from the Public Counsel, may consider the director's request for modifications but is not obligated to accept such request. Such report shall become final upon the decision of the director to accept or reject the recommendations in the report or, if the director requests modifications, within fifteen days after such request or after the Inspector General incorporates such modifications, whichever occurs earlier.

(2) Within fifteen days after the report is presented to the director, the report shall be presented to the private agency or other provider of correctional services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within forty-five days after receipt of the report, the private agency or other provider may submit a written response to the office to correct any factual errors in the report. The Inspector General, with input from the Public Counsel, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen days after receipt of the written response.

(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section or if the corrected report does not address all issues raised in the written response, the private agency or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.

Source:Laws 2015, LB598, § 15.    


47-916. Report or work product; no court review.

No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of his or her staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within his or her official cognizance except in a proceeding brought to enforce the Office of Inspector General of the Nebraska Correctional System Act.

Source:Laws 2015, LB598, § 16.    


47-917. Inspector General; investigation of complaints; priority and selection.

The Office of Inspector General of the Nebraska Correctional System Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Public Counsel, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska correctional system. If the Inspector General determines that he or she will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.

Source:Laws 2015, LB598, § 17.    


47-918. Summary of reports and investigations; contents.

On or before September 15 of each year, the Inspector General shall provide to each member of the Judiciary Committee of the Legislature, the Governor, and the Clerk of the Legislature a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. The summary provided to the Clerk of the Legislature shall be provided electronically. The summaries shall include recommendations and an update on the status of recommendations made in prior summaries, if any. The recommendations may address issues discovered through investigations, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska correctional system, (2) improve operations of the department and the Nebraska correctional system, (3) deter and identify fraud, abuse, and illegal acts, and (4) identify inconsistencies between statutory requirements and requirements for accreditation. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

Source:Laws 2015, LB598, § 18.    


47-919. Office of Parole Administration; provide access to records, reports, and documents.

The Office of Parole Administration shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the office in connection with administration of the Nebraska parole system, except that access for the Public Counsel and the Inspector General to a parolee’s medical or mental health records shall be subject to the parolee’s consent.

Source:Laws 2016, LB1094, § 31.