71-929.

Mental health board; execution of warrants; costs; procedure; subject domiciled in Indian country; transportation to treatment facility; reimbursement.

(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including the cost of any assistance that might be required, and shall submit such estimate to the county clerk of the county in which such person is located. The county clerk shall certify the estimate and shall issue an order on the county treasurer in favor of the sheriff or other person entrusted with the execution of the warrant.

(2) The sheriff or other person executing the warrant shall include in his or her return a statement of expenses actually incurred, including any excess or deficiency. Any excess from the amount advanced for such expenses under subsection (1) of this section shall be paid to the county treasurer, taking his or her receipt therefor, and any deficiency shall be obtained by filing a claim with the county board. If no funds are advanced, the expenses shall be certified on the warrant and paid when returned.

(3) The sheriff shall be reimbursed for mileage at the rate provided in section 33-117 for conveying a subject to a treatment facility under this section. For other services performed under the Nebraska Mental Health Commitment Act, the sheriff shall receive the same fees as for like services in other cases.

(4) Except as provided in subsection (5) of this section, all compensation and expenses provided for in this section shall be allowed and paid out of the treasury of the county by the county board.

(5)(a) In the case of a subject domiciled within Indian country who is taken into emergency protective custody under tribal law, sheriffs and other law enforcement officers of the State of Nebraska and its political subdivisions may transport such a subject to a treatment facility, whether inside or outside of Indian country.

(b) The sheriff or other law enforcement agency may enter into a contract with a tribe for reimbursement for:

(i) Reasonable costs incurred in conveying a subject to a treatment facility under this subsection; and

(ii) Other services performed for a tribe under the Nebraska Mental Health Commitment Act or under the equivalent law of the tribe at a rate comparable to the rate for such services in other cases.