83-180. Physician or psychologist; designation; duties; transfer of person committed; jurisdiction; release; conditions; director; duties.
(1) When a physician designated by the Director of Correctional Services finds that a person committed to the department suffers from a physical disease or defect, or when a physician or psychologist designated by the director finds that a person committed to the department is mentally ill as defined in section 71-907, the chief executive officer of the facility may order such person to be segregated from other persons in the facility in the least restrictive manner possible. If the physician or psychologist is of the opinion that the person cannot be given proper treatment in that facility, the director may arrange for his or her transfer for examination, study, and treatment to any medical-correctional facility or to another institution in the Department of Health and Human Services where proper treatment is available. A person who is so transferred shall remain subject to the jurisdiction and custody of the Department of Correctional Services and shall be returned to the department when, prior to the expiration of his or her sentence, treatment in such facility is no longer necessary.
(2) When the physician or psychologist designated by the Director of Correctional Services finds that a person committed to the department suffers from a physical disease or defect or mental illness which in his or her opinion cannot be properly treated in any facility or institution in the Department of Health and Human Services, the director may arrange for his or her transfer for treatment to a hospital or psychiatric facility outside the department. The director shall make appropriate arrangements with other public or private agencies for the transportation to, and for the care, custody, and security of the person in, such hospital or psychiatric facility. While receiving treatment in such hospital or psychiatric facility, the person shall remain subject to the jurisdiction and custody of the Department of Correctional Services and shall be returned to the department when, prior to the expiration of his or her sentence, such hospital or psychiatric treatment is no longer necessary.
(3) The director shall adopt and promulgate rules and regulations to establish evidence-based criteria which the department shall use to identify any person nearing release who should be evaluated to determine whether he or she is a mentally ill and dangerous person as defined in section 71-908. When two psychiatrists designated by the director find that a person about to be released or discharged from any facility is a mentally ill and dangerous person as defined in section 71-908, the director shall transfer him or her to, or if he or she has already been transferred, permit him or her to remain in, a psychiatric facility in the Department of Health and Human Services and shall promptly commence proceedings under the Nebraska Mental Health Commitment Act.
(4) The director shall adopt and promulgate rules and regulations for risk assessment and management for inmates. Such rules and regulations shall establish a structured decisionmaking process that is consistent with professional standards of care and is consistent with available risk assessment and management guidelines. The process developed shall be performed by individuals with proper training and continuing education related to relevant areas of risk assessment and management. Appropriate quality assurance and outcome assessment shall be included to ensure fidelity to the process and address relevant challenges. The rules and regulations shall establish a rational process for prioritizing who shall be screened and evaluated and when, which shall include, but not be limited to: Incidents of violent activity during incarceration; attempts of suicide or other major self-harm behaviors; and a process for staff to nominate inmates for screening based upon behavior that raises concern for community safety as release approaches.
(5) The director shall adopt and promulgate rules and regulations to ensure that all persons who are incarcerated receive a full mental health screening within the first two weeks of intake to determine whether or not an inmate is mentally ill as defined in section 71-907. Such determination shall be reflected in the inmate's individualized treatment plan and shall include adequate mental health treatment. If, at any point during his or her incarceration, an inmate is found to be mentally ill, such determination shall be reflected in the inmate's individualized treatment plan and shall include adequate mental health treatment.
Source
Cross References
Annotations
Failure to return to a hospital after a temporary leave constitutes an escape from custody. State v. Mayes, 190 Neb. 837, 212 N.W.2d 623 (1973).
In order for application of this section to be constitutional, a prisoner must be provided, prior to transfer, with written notice, a hearing before an independent factfinder, qualified independent assistance at the hearing, a written decision, and notice of the above rights. Vitek v. Jones, 445 U.S. 480 (1980).
Involuntary transfer of prisoner into more controlled confinement, for those mentally diseased or defective, requires transferee be afforded due process of notice, hearing, counsel, and confrontation of witnesses. Miller v. Vitek 437 F.Supp. 569 (D. Neb. 1977).
Structure Nebraska Revised Statutes
Chapter 83 - State Institutions
83-101.06 - Department of Health and Human Services; duties.
83-101.08 - Coordination of activities; duties.
83-101.14 - Deaf or hard of hearing persons; access to treatment programs; rules and regulations.
83-104 - State institutions; annual physical review; report.
83-105 - Youth rehabilitation and treatment centers; grievances; reporting system.
83-108 - Department of Health and Human Services; institutions controlled.
83-108.04 - Department of Health and Human Services; additional facilities for care of children.
83-111 - Department of Health and Human Services; estimated appropriation; suggested improvements.
83-116 - Department of Health and Human Services; actions at law.
83-121 - School District Reimbursement Fund; created; use; investment.
83-124 - Transferred to section 80-325.
83-126 - Facilities; chief executive officer; appointment.
83-127 - Superintendent of institutional schools; qualifications; powers and duties.
83-128 - Officers and employees; bond or insurance.
83-130 - Emergency Revolving Fund; amount; source; accounting.
83-135 - Grounds; abutting streets; paving; procedure.
83-136 - Paving petitions; power to sign.
83-137 - State institutions; adjacent highways; improvement.
83-139 - Stewards; duties; reports; shortages; default; penalty.
83-146 - Purchases; Department of Administrative Services; requisition.
83-148 - Unauthorized vouchers; issuance; effect; malfeasance in office; punishment.
83-149 - Department of Correctional Services-made goods; catalog; estimates of materials required.
83-150 - Correctional Industries Revolving Fund; created; use; investment.
83-151 - Department of Correctional Services-made goods; transportation and sale.
83-152 - Goods made by confined persons; reciprocity.
83-153 - Money or personal property to credit of inmate or patient; claim; time for presentment.
83-154 - Money to credit of inmate or patient; claim; failure to assert; disposition.
83-162.04 - Transferred to section 71-817.
83-171 - Department of Correctional Services; created; duties.
83-172 - Director of Correctional Services; appointment; salary; qualifications.
83-173 - Director of Correctional Services; duties.
83-173.01 - Director of Correctional Services; release of certain convicts; duties.
83-173.02 - Use of restrictive housing; director; report.
83-173.03 - Use of restrictive housing; levels; department; duties; use of immediate segregation.
83-174.01 - Dangerous sex offender; terms, defined.
83-174.02 - Dangerous sex offender; evaluation; Department of Correctional Services; duties; notice.
83-174.04 - Violation of condition of community supervision; actions authorized.
83-174.05 - Violation of conditions of community supervision; penalty.
83-175 - Committed person; treatment; duties.
83-176 - Director of Correctional Services; designate place of confinement.
83-177 - Facility; chief executive officer; designation.
83-179 - Person committed; physical examination; evaluation; contents; recommendations.
83-181 - Committed offender; health care; food and clothing; access to attorney.
83-182 - Director; establish programs.
83-182.01 - Structured programming; evaluation.
83-183 - Persons committed; employment; wages; use; rules and regulations.
83-183.01 - Persons committed; wages; disposition; director; adopt rules and regulations.
83-184.01 - Restitution order; collection from wage funds; report.
83-185 - Transferred to section 83-4,114.01.
83-186 - Visitors of facilities; enumerated.
83-187 - Release of person committed; procedures.
83-187.01 - Legislative intent.
83-188 - Board of Parole; created; act, how construed; employees.
83-189 - Board of Parole; members; appointment; qualifications; chairperson; duties.
83-190 - Board of Parole; members; terms; removal; procedure.
83-191 - Board of Parole; members; restriction on activities; salary.
83-192 - Board of Parole; chairperson; powers; duties.
83-192.01 - Board of Parole Grant Awards Cash Fund; created; use; investment.
83-194 - Board of Parole; advise Board of Pardons upon request.
83-195 - Board of Parole; issue process; service; compel attendance of witnesses; fees.
83-196 - Board of Parole; quorum; decisions; record.
83-197 - Department of Correctional Services; records to be kept.
83-198 - Prohibited acts; violation; penalty.
83-199 - Board of Parole; provision of law not applicable.
83-1,100 - Division of Parole Supervision; created; duties; parole officer compensation.
83-1,100.02 - Person on parole; levels of supervision; Division of Parole Supervision; duties.
83-1,101 - Director of Supervision and Services; appointment; qualifications.
83-1,102 - Director of Supervision and Services; duties.
83-1,103 - Field parole service; duties.
83-1,103.01 - Lifetime community supervision; parole officer; duties.
83-1,103.03 - Lifetime community supervision; Division of Parole Supervision; annual review.
83-1,104 - District parole officer; duties.
83-1,106 - Maximum term; credit; how obtained.
83-1,107.01 - Fees; waiver; when; failure to pay; effect.
83-1,107.02 - Parole Program Cash Fund; created; use; investment.
83-1,108 - Board of Parole; reduction of sentence for good conduct; provisions; forfeiture.
83-1,109 - Chief executive officer; good time; report; Director of Correctional Services; duties.
83-1,110 - Committed offender; eligible for release on parole; when.
83-1,110.01 - Substance abuse therapy; department; duties; waiver of requirement by board; when.
83-1,110.02 - Medical parole; eligibility; conditions; term.
83-1,110.03 - Medical parole; revocation; effect.
83-1,112 - Committed offender; eligible for parole; parole plan of offender.
83-1,113 - Board of Parole and employees; access to offender; reports on conduct and character.
83-1,114 - Board; deferment of parole; grounds.
83-1,115 - Board of Parole; determination regarding committed offender's parole; factors considered.
83-1,116 - Committed offender; release on parole; conditions of parole.
83-1,117 - Parolee; conditions of parole.
83-1,120 - Parolee; violation of parole; hearing.
83-1,121 - Parolee; legal custody of Board of Parole; action of board.
83-1,122 - Parolee; violation of parole; action of Board of Parole.
83-1,122.01 - Board of Parole; jurisdiction.
83-1,123 - Parole; revoked; action of Board of Parole.
83-1,125 - Warrant or detainer; Director of Supervision and Services; board; duties.
83-1,126 - Board of Pardons; created; members; secretary.
83-1,126.01 - Persons subject to act.
83-1,127 - Board of Pardons; duties.
83-1,128 - Board of Pardons; issue process; service; compel attendance of witnesses; fees.
83-1,129 - Board of Pardons; pardon authority; application; consideration.
83-1,130 - Board of Pardons; pardon authority; application; limitation; relief granted or denied.
83-1,131 - Offender; granted a reprieve; commit to Department of Correctional Services.
83-1,133 - Prohibited acts; threat of harm to member of Board of Pardons; penalty.
83-1,134 - Administrative procedure provisions; not applicable.
83-1,135.01 - Transferred to section 83-1,110.01.
83-1,135.03 - Parolee; permission to leave; when.
83-1,135.05 - Rules and regulations; inmate outside correctional facility.
83-1,136 - Transferred to section 83-925.
83-1,137 - Transferred to section 83-927.
83-1,138 - Transferred to section 83-928.
83-1,139 - Transferred to section 83-929.
83-1,140 - Transferred to section 83-930.
83-1,143.06 - Developmental disability regions; enumerated.
83-1,147 - Transferred to section 83-101.06.
83-1,148 - Transferred to section 83-125.
83-203 - Transferred to section 79-11,111.
83-204 - Transferred to section 79-11,100.
83-207 - Transferred to section 79-1906.
83-210.01 - Transferred to section 71-8612.
83-210.02 - Transferred to section 71-8610.
83-210.03 - Transferred to section 71-8611.
83-211 - Transferred to section 71-8605.
83-211.02 - Transferred to section 71-8606.
83-217 - Beatrice State Developmental Center; designation.
83-218 - Beatrice State Developmental Center; purpose.
83-223 - Order of commitment where mentally handicapped person is an inmate in a state institution.
83-227.02 - Inmates; transfer; care; cost; exception.
83-239 - Transferred to section 43-901.
83-240 - Transferred to section 43-902.
83-241 - Transferred to section 43-903.
83-242 - Transferred to section 43-904.
83-243 - Transferred to section 43-905.
83-245 - Transferred to section 43-906.
83-246 - Transferred to section 43-617.
83-247 - Transferred to section 43-618.
83-305 - State hospitals for the mentally ill; official titles.
83-305.01 - Psychiatric services; administration.
83-305.02 - Psychiatric services; operation; laws governing.
83-305.04 - Regional centers; rehabilitation model.
83-308.02 - Transferred to section 83-1071.
83-313 - Department of Health and Human Services; trustee for state hospitals for the mentally ill.
83-324 - Department; voluntary application for admission.
83-336 - Department; mental health board; forms; rules and regulations.
83-340 - State hospitals for the mentally ill; voluntary patient; discharge; when.
83-340.01 - Transferred to section 71-936.
83-351 - Expenses; adjustment between counties; patients transferred from a state institution.
83-354 - State hospitals for the mentally ill; equal treatment; special care at private expense.
83-356 - Mentally ill persons; mistreatment; liability; penalty.
83-357 - Persons supposed mentally ill; liberty not to be restricted; exception.
83-364 - Cost of patient care; liability of patient and relatives.
83-365 - Cost of patient care; department; determine.
83-366 - Cost of patient care; assess against patient or relatives; limitations.
83-367 - Cost of patient care; relatives; limitation.
83-368 - Cost of patient care; ability to pay; factors.
83-370 - Cost of patient care; failure to furnish information; effect.
83-371 - Department; rules and regulations; adopt.
83-372 - Cost of patient care; county board; duties.
83-373 - Cost of patient care; determination; redetermination annually.
83-374 - Cost of patient care; hearing; appeal.
83-375 - Cost of patient care; failure to pay; action by Attorney General.
83-377 - Cost of patient care; guardian; duties; liability.
83-378 - Cost of patient care; claim against estate; voluntary payments.
83-379 - Cost of patient care; fraudulent transfers; effect.
83-382 - Residential facilities; admission; department; jurisdiction.
83-383 - Residential facilities; admission; application; by whom; appointment of guardian.
83-384 - Residential facilities; application for admission; contents.
83-385 - Residential facilities; application for admission; referral; return of findings.
83-386 - Residential facilities; admission; selection by department; priority.
83-388 - Residential facilities; detention after the age of majority.
83-389 - Residential facility; person with an intellectual disability; removal; notice; procedure.
83-390 - Residential facilities; persons admitted; rights retained; rules and regulations.
83-393 - Persons needing care; admission.
83-415 - Department of Correctional Services; violence; suppression.
83-420 - Federal prisoners; expenses.
83-422 - Delivering prisoners to chief executive officer; documents.
83-423 - Costs; transporting prisoners; returning fugitives from justice; counties to pay.
83-427 - Adult facility; escapee.
83-432.01 - Expiration of act.
83-432.02 - Expiration of act.
83-432.03 - Expiration of act.
83-432.04 - Expiration of act.
83-432.05 - Expiration of act.
83-443 - Financial interest in inmate labor prohibited; violation; penalty.
83-444 - Department officers and employees; interest in prison work prohibited.
83-454 - Howard's Day; observance in all state penal and reformatory institutions.
83-472 - Transferred to section 43-412.
83-473 - Transferred to section 28-912.01.
83-490 - Transferred to section 83-473.01.
83-4,101 - Transferred to section 43-413.
83-4,102 - Transferred to section 43-414.
83-4,104 - Transferred to section 43-415.
83-4,109 - Adult institutions; disciplinary procedures; laws governing.
83-4,111 - Rules and regulations; purpose; contents; rights and privileges of inmates.
83-4,112 - Rules and regulations; filed; distributed; inmates to be informed of rules and policies.
83-4,113 - Adult disciplinary action; rules posted.
83-4,114.01 - Chief executive officer; responsibilities; duties; discipline of inmates.
83-4,114.02 - Inmate; disciplinary measures; confirmation testing.
83-4,115 - Review of disciplinary action; administrative review boards; membership.
83-4,116 - Transferred to section 83-4,136.
83-4,117 - Transferred to section 83-4,137.
83-4,118 - Transferred to section 83-4,138.
83-4,119 - Transferred to section 83-4,139.
83-4,120 - Infraction of rules or policies; report; filed with warden.
83-4,121 - Disciplinary proceeding; when commenced; exception.
83-4,122 - Disciplinary procedures; director establish; principles.
83-4,123 - Access to courts and legal assistance unrestricted.
83-4,125 - Detention and juvenile facilities; terms, defined.
83-4,126 - Jail Standards Board; powers and duties; enumerated.
83-4,127 - Jail Standards Board; develop and implement standards for criminal detention facilities.
83-4,128 - Criminal detention facilities; minimum construction standards.
83-4,129 - Criminal detention facilities; maintenance standards; enumerated.
83-4,130 - Criminal detention facilities; operation standards; enumerated.
83-4,131 - Detention and staff secure juvenile facility; inspection; report.
83-4,135 - Inmate; right to file grievance; procedure.
83-4,136 - Grievance review procedures; records.
83-4,138 - Grievance procedures; inmates to be informed of procedures.
83-4,139 - Use of grievance procedure unrestricted.
83-4,142 - Department of Correctional Services; duties; legislative intent.
83-4,144 - Incarceration work camp; release on parole.
83-4,145 - Incarceration work camp; failure to complete program; effect.
83-4,146 - Incarceration work camp; costs.
83-4,155 - Community standard of health care.
83-4,156 - Medical director; appointment.
83-4,157 - Medical director; duties.
83-4,158 - Internal credentialing program.
83-4,159 - Health care personnel and clinics; requirements.
83-4,160 - Medical treatment protocols.
83-4,161 - Communicable diseases; medical treatment protocols.
83-4,162 - Drugs; medical treatment protocols.
83-4,163 - Surgical procedures; medical treatment protocols.
83-4,164 - Peer review and quality assurance program.
83-4,165 - Medical program; accreditation.
83-601 - Transferred to section 76-725.
83-801 - Interstate Compact on Mental Health; contents.
83-802 - Chief executive officer of Department of Health and Human Services; duties.
83-803 - Compact administrator; powers.
83-804 - Compact administrator; arrange for payments to discharge financial obligations.
83-806 - Secretary of State; authorized copies; distribution.
83-902 - Department of Correctional Services; seal; certification of documents.
83-905 - Department; control of adult corrections and secure youth facility.
83-906 - Staffing analysis; report.
83-908 - Department of Correctional Services; estimate of appropriations; prepare.
83-909 - Department; gather information; encourage scientific investigation.
83-911 - Director; information for Legislature.
83-911.01 - Transferred to section 83-925.11.
83-912 - Director, employee; no gift or gratuity; violation; removal from office.
83-913 - Cash received; remit to State Treasurer; report to department.
83-914 - Emergency Revolving Fund; funding; accounting.
83-915 - Trust funds; investment; income; use.
83-915.01 - Inmate Welfare and Club Accounts Fund; created; use; investment.
83-917 - Reentry Cash Fund; created; use; investment.
83-918 - Strategic plan; contents; report; appear at hearing.
83-922 - Department of Correctional Services; duties; divisions enumerated.
83-924 - Assistant director; duties, powers, and responsibilities.
83-925.01 - Transferred to section 43-402.
83-925.02 - Transferred to section 43-404.
83-925.06 - Transferred to section 43-407.
83-925.07 - Transferred to section 43-406.
83-925.12 - Transferred to section 43-408.
83-925.13 - Transferred to section 43-411.
83-931 - Assistant director of the Division of Community-Centered Services; qualifications.
83-932 - Division of Community-Centered Services; duties.
83-933 - Division of Parole Supervision; Director of Supervision and Services; duties.
83-936 - Adult Diagnostic and Evaluation Services Program; duties.
83-938 - Division of Adult Services; assistant director; qualifications.
83-939 - Division of Adult Services; duties.
83-942 - Division of Administrative Services; assistant director; qualifications.
83-943 - Division of Administrative Services; duties.
83-945 - Transferred to section 83-4,124.
83-946 - Transferred to section 83-4,125.
83-948 - Transferred to section 83-4,126.
83-948.01 - Transferred to section 83-4,127.
83-948.02 - Transferred to section 83-4,128.
83-948.03 - Transferred to section 83-4,129.
83-948.04 - Transferred to section 83-4,130.
83-950 - Transferred to section 83-4,131.
83-951 - Transferred to section 83-4,132.
83-952 - Transferred to section 83-4,133.
83-953 - Transferred to section 83-4,134.
83-957 - Central warehouse system; authorized.
83-958 - Department of Correctional Services Warehouse Revolving Fund; created; use; investment.
83-959 - Separate budget programs required.
83-962 - Correctional system overcrowding emergency; Governor; declaration; when; effect.
83-963 - Department; annual report; contents.
83-964 - Sentence of death; how enforced.
83-965 - Director of Correctional Services; written execution protocol; contents.
83-966 - Lethal injection; participation of professional; how treated under other law.
83-968 - Method of execution declared unconstitutional; effect on sentence.
83-969 - Punishment inflicted; exclude view of persons; exception.
83-970 - Execution; persons permitted.
83-1001 - Transferred to section 71-902.
83-1002 - Transferred to section 71-903.
83-1004 - Transferred to section 71-905.
83-1005 - Transferred to section 71-904.
83-1006 - Transferred to section 71-914.
83-1007 - Transferred to section 71-911.
83-1007.01 - Transferred to section 71-909.
83-1009 - Transferred to section 71-908.
83-1009.01 - Transferred to section 71-907.
83-1009.02 - Transferred to section 71-913.
83-1010 - Transferred to section 71-906.
83-1011 - Transferred to section 71-910.
83-1014 - Transferred to section 71-912.
83-1016 - Transferred to section 71-917.
83-1017 - Transferred to section 71-915.
83-1019 - Transferred to section 71-918.
83-1020 - Transferred to section 71-919.
83-1024 - Transferred to section 71-921.
83-1026 - Transferred to section 71-922.
83-1027 - Transferred to section 71-923.
83-1035 - Transferred to section 71-924.
83-1037 - Transferred to section 71-925.
83-1039 - Transferred to section 71-926.
83-1041 - Transferred to section 71-927.
83-1042 - Transferred to section 71-928.
83-1043 - Transferred to section 71-930.
83-1044 - Transferred to section 71-931.
83-1045 - Transferred to section 71-932.
83-1045.01 - Transferred to section 71-933.
83-1045.02 - Transferred to section 71-934.
83-1046 - Transferred to section 71-935.
83-1047 - Transferred to section 71-943.
83-1048 - Transferred to section 71-944.
83-1049 - Transferred to section 71-945.
83-1050 - Transferred to section 71-946.
83-1051 - Transferred to section 71-947.
83-1052 - Transferred to section 71-948.
83-1053 - Transferred to section 71-949.
83-1054 - Transferred to section 71-950.
83-1055 - Transferred to section 71-951.
83-1056 - Transferred to section 71-952.
83-1057 - Transferred to section 71-953.
83-1058 - Transferred to section 71-954.
83-1059 - Transferred to section 71-955.
83-1060 - Transferred to section 71-956.
83-1061 - Transferred to section 71-957.
83-1062 - Transferred to section 71-958.
83-1064 - Transferred to section 71-960.
83-1066 - Transferred to section 71-959.
83-1068 - Transferred to section 71-961.
83-1069 - Transferred to section 71-962.
83-1071 - Transferred to section 71-939.
83-1072 - Transferred to section 71-940.
83-1073 - Transferred to section 71-941.
83-1074 - Transferred to section 71-942.
83-1078 - Transferred to section 71-901.
83-1079 - Transferred to section 71-937.
83-1080 - Transferred to section 71-938.
83-1202.01 - Appropriations; legislative findings.
83-1203 - Definitions, where found.
83-1204 - Department, defined.
83-1205 - Developmental disability, defined.
83-1206.01 - Intellectual disability, defined.
83-1207 - Specialized program, defined.
83-1208 - Specialized service, defined.
83-1210 - Local field offices.
83-1211 - Responsibility for cost of services.
83-1212.01 - Advisory Committee on Developmental Disabilities; created; members; expenses; duties.
83-1215 - Department; authority granted for specialized services; social services; duties.
83-1216 - Department; duties; services; legislative intent; priorities.
83-1216.01 - Quality management and improvement plan; purpose; contents; implementation report.
83-1216.02 - Insufficient funds to provide services; department; duties; termination.
83-1218 - Specialized program; local governing board; duties.
83-1219 - Complaints and hearings; procedures.
83-1220 - Hearing officers; qualifications.
83-1221 - Hearing officer; powers and duties.
83-1222 - Hearing; rights of parties; hearing officer; production of evidence.
83-1223 - Hearing officer; subpoena power; enforcement.
83-1225 - School district; provide transition services; enumerated.
83-1226 - Rules and regulations.
83-1228 - Developmental disabilities system; evaluation; consultant; qualifications; report.