50-1906.

Office; duties; law enforcement agencies and prosecuting attorneys; cooperation; confidentiality; witness; counsel; powers of office.

(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;

(b) Death or serious injury of individuals in the custody or under the supervision of the department. The department shall report all such cases of death or serious injury to the Inspector General as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases of the death or serious injury of an employee when acting in such employee's capacity as an employee of the department as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases when an employee is hospitalized in response to an injury received when such employee is acting in such employee's capacity as an employee of the department as soon as reasonably possible after the department learns of such hospitalization. For purposes of this subdivision, serious injury means an injury which requires urgent and immediate medical treatment and restricts the injured person's usual activity; and

(c) Any other matter as provided in the annual work plans or key performance indicators approved by the Legislative Oversight Committee pursuant to section 50-1702.

(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) The department shall notify the Inspector General as soon as practicable when a criminal investigation involving a death or serious injury required to be reported to the Inspector General under subdivision (1)(b) of this section has commenced and when such criminal investigation has concluded.

(4) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys may cooperate with any investigation conducted by the Inspector General and may, 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 may, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. The Inspector General shall, 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.

(5) Consistent with the Nebraska Rules of Professional Conduct, counsel for the entity under investigation shall not represent a witness. A witness may request that counsel for the entity under investigation be present while being questioned, but such entity shall not require a witness to make such a request. If such a request is made, the entity under investigation shall inform the witness that such entity's counsel does not represent the witness. For purposes of this subsection, entity under investigation means the entity that is the subject of an investigation under the Office of Inspector General of the Nebraska Correctional System Act and includes the department and a private agency.

(6) The office may conduct audits, inspections, investigations, and other oversight as necessary to perform the duties of the office and to carry out the purposes of the Office of Inspector General of the Nebraska Correctional System Act.