28-105. Felonies; classification of penalties; sentences; where served; eligibility for probation.

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction:

Class I felony Death
Class IA felony Life imprisonment
Class IB felony Maximum—life imprisonment
Minimum—twenty years imprisonment
Class IC felony Maximum—fifty years imprisonment
Mandatory minimum—five years imprisonment
Class ID felony Maximum—fifty years imprisonment
Mandatory minimum—three years imprisonment
Class II felony Maximum—fifty years imprisonment
Minimum—one year imprisonment
Class IIA felony Maximum—twenty years imprisonment
Minimum—none
Class III felony Maximum—four years imprisonment and two years
post-release supervision or
twenty-five thousand dollars fine, or both
Minimum—none for imprisonment and nine months
post-release supervision if imprisonment is imposed
Class IIIA felony Maximum—three years imprisonment
and eighteen months post-release supervision or
ten thousand dollars fine, or both
Minimum—none for imprisonment and nine months
post-release supervision if imprisonment is imposed
Class IV felony Maximum—two years imprisonment and twelve
months post-release supervision or
ten thousand dollars fine, or both
Minimum—none for imprisonment and nine months
post-release supervision if imprisonment is imposed

(2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail.

(3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals.

(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation.

(5) All sentences of post-release supervision shall be served under the jurisdiction of the Office of Probation Administration and shall be subject to conditions imposed pursuant to section 29-2262 and subject to sanctions authorized pursuant to section 29-2266.02.

(6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-release supervision pursuant to subsection (1) of this section.

(7) Any person who is sentenced to imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony committed on or after August 30, 2015, shall not be subject to post-release supervision pursuant to subsection (1) of this section.

(8) The changes made to the penalties for Class III, IIIA, and IV felonies by Laws 2015, LB605, do not apply to any offense committed prior to August 30, 2015, as provided in section 28-116.

Source:Laws 1977, LB 38, § 5; Laws 1989, LB 592, § 1; Laws 1995, LB 371, § 2; Laws 1997, LB 364, § 1; Laws 1998, LB 900, § 1; Laws 1998, LB 1266, § 1; Laws 2002, Third Spec. Sess., LB 1, § 1; Laws 2011, LB12, § 1; Laws 2015, LB268, § 6; Laws 2015, LB605, § 6; Laws 2016, LB1094, § 2; Referendum 2016, No. 426.
Note: The changes made to section 28-105 by Laws 2015, LB268, section 6, have been omitted because of the vote on the referendum at the November 2016 general election.

Annotations