Nebraska Revised Statute 83-1,126.01
Persons subject to act.
Any person in the custody of the Department of Correctional Services or under supervision of the Board of Parole shall be subject to the provisions of the Nebraska Treatment and Corrections Act.
- Laws 1975, LB 567, § 9;
- Laws 1994, LB 677, § 12.
Approval of the Board of Pardons to apply this provision was required where the petitioner would be released from custodial confinement under this provision at an earlier date than he would have been under the prior law in effect at the time of his sentencing. Actions of the Board of Pardons in allowing or denying the benefits of this provision are an exercise of its power to grant clemency, and not subject to ordinary due process requirements. Whited v. Bolin, 210 Neb. 32, 312 N.W.2d 691 (1981).
This section means prisoners need the approval of the Board of Pardons before the provisions of Laws 1975, L.B. 567, apply retroactively. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).