83-4,134.02. Placement of juvenile in room confinement; restrictions on placement; conditions; release; facility; duties; monitoring.
(1) This section applies to placement of a juvenile in room confinement in the following facilities: A juvenile detention facility, staff secure juvenile facility, facility operated by the Department of Correctional Services, or youth rehabilitation and treatment center operated by the Department of Health and Human Services.
(2) A juvenile shall not be placed in room confinement for any of the following reasons:
(a) As a punishment or a disciplinary sanction;
(b) As a response to a staffing shortage; or
(c) As retaliation against the juvenile by staff.
(3) A juvenile shall not be placed in room confinement unless all other less-restrictive alternatives have been exhausted and the juvenile poses an immediate and substantial risk of harm to self or others.
(4) A juvenile may only be held in room confinement according to the following conditions:
(a) A juvenile shall not be held in room confinement longer than the minimum time required to eliminate the substantial and immediate risk of harm to self or others and shall be released from room confinement as soon as the substantial and immediate risk of harm to self or others is resolved; and
(b) A juvenile shall only be held in room confinement for a period that does not compromise or harm the mental or physical health of the juvenile.
(5) Any juvenile placed in room confinement shall be released immediately upon regaining sufficient control so as to no longer engage in behavior that threatens substantial and immediate risk of harm to self or others.
(6) Not later than one business day after the date on which a facility places a juvenile in room confinement, the facility shall provide notice of the placement in room confinement to the juvenile's parent or guardian and the attorney of record for the juvenile.
(7) All rooms used for room confinement shall have adequate and operating lighting, heating and cooling, and ventilation for the comfort of the juvenile. Rooms shall be clean and resistant to suicide and self-harm. Juveniles in room confinement shall have access to drinking water, toilet facilities, hygiene supplies, and reading materials approved by a licensed mental health professional.
(8) Juveniles in room confinement shall have the same access as provided to juveniles in the general population of the facility to meals, contact with parents or legal guardians, legal assistance, and access to educational programming.
(9) Juveniles in room confinement shall have access to appropriate medical and mental health services. Mental health staff shall promptly provide mental health services as needed.
(10) Juveniles in room confinement shall be continuously monitored by staff of the facility. Continuous monitoring may be accomplished through regular in-person visits to the confined juvenile which may also be supplemented by electronic video monitoring.
(11) The use of consecutive periods of room confinement to avoid the intent and purpose of this section is prohibited.
(12) Nothing in this section shall be construed to authorize or require the construction or erection of fencing or similar structures at any facility, nor the imposition of nonrehabilitative approaches to behavior management within any facility.
Source
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.