LB479 LB479
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 479
Introduced by Wayne, 13.
Read first time January 17, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to administration of justice; to amend
2 sections 24-205, 24-227.01, 29-2249, 29-2250, 29-2251, 29-2253,
3 29-2257, 29-2258, 29-2259.01, 29-2259.02, 29-2262.07, 29-2269,
4 43-4316, 43-4319, 43-4320, 43-4321, 43-4324, 43-4326, 47-624,
5 47-624.01, 47-627, 47-629, 47-903, 47-908, 47-919, 71-961, and
6 83-1,113, Reissue Revised Statutes of Nebraska, and sections
7 25-2902, 28-322, 29-2246, 29-2252, 29-2259, 29-2261, 29-2935,
8 29-4019, 43-4318, 43-4323, 81-1401, 83-171, 83-174.03, 83-174.04,
9 83-174.05, 83-192, 83-198, 83-1,100, 83-1,100.02, 83-1,101,
10 83-1,102, 83-1,103.02, 83-1,103.03, 83-1,103.04, 83-1,107,
11 83-1,107.01, 83-1,107.02, 83-1,119, 83-1,125.01, 83-1,135, and
12 83-933, Revised Statutes Cumulative Supplement, 2022; to transfer
13 the Office of Probation Administration from the judicial branch to
14 the executive branch; to provide for appointment of a probation
15 administrator; to provide, change, and eliminate definitions; to
16 change provisions relating to membership of the Advisory Council on
17 Dispute Resolution, certain funds, reimbursement of counties, and
18 the Office of Inspector General of Nebraska Child Welfare Act; to
19 transfer the Division of Parole Supervision from the Board of Parole
20 to an independent agency; to rename the division the Parole
21 Supervision Agency; to provide for appointment of a Director of
22 Supervision and Services; to eliminate obsolete provisions; to
23 harmonize provisions; to provide operative dates; and to repeal the
-1-
LB479 LB479
2023 2023
1 original sections.
2 Be it enacted by the people of the State of Nebraska,
-2-
LB479 LB479
2023 2023
1 Section 1. Section 24-205, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 24-205 The Supreme Court Education Fund is created. The State Court
4 Administrator shall administer the fund. The fund shall consist of money
5 remitted pursuant to section 33-154. The fund shall only be used to aid
6 in supporting the mandatory training and education program for judges and
7 employees of the Supreme Court, Court of Appeals, district courts,
8 separate juvenile courts, and county courts, and Nebraska Probation
9 System as enacted by rule of the Supreme Court.
10 On July 1, 2014, or as soon thereafter as administratively possible,
11 the State Treasurer shall transfer one hundred nine thousand three
12 hundred eighty-three dollars from the Supreme Court Education Fund to the
13 Nebraska Retirement Fund for Judges as an offset to the increase in the
14 state's contribution to the Nebraska Judges Retirement System.
15 Any money in the Supreme Court Education Fund available for
16 investment shall be invested by the state investment officer pursuant to
17 the Nebraska Capital Expansion Act and the Nebraska State Funds
18 Investment Act.
19 Sec. 2. Section 24-227.01, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 24-227.01 The Supreme Court Automation Cash Fund is created. The
22 State Court Administrator shall administer the fund. The fund shall only
23 be used to support automation expenses of the Supreme Court, Court of
24 Appeals, district courts, separate juvenile courts, and county courts,
25 and Nebraska Probation System from the computer automation budget
26 program.
27 On July 1, 2014, or as soon thereafter as administratively possible,
28 the State Treasurer shall transfer six hundred thousand dollars from the
29 Supreme Court Automation Cash Fund to the Nebraska Retirement Fund for
30 Judges as an offset to the increase in the state's contribution to the
31 Nebraska Judges Retirement System.
-3-
LB479 LB479
2023 2023
1 Any money in the Supreme Court Automation Cash Fund available for
2 investment shall be invested by the state investment officer pursuant to
3 the Nebraska Capital Expansion Act and the Nebraska State Funds
4 Investment Act.
5 Sec. 3. Section 25-2905, Revised Statutes Cumulative Supplement,
6 2022, is amended to read:
7 25-2905 The Advisory Council on Dispute Resolution is hereby
8 created. The council shall be comprised of individuals from a variety of
9 disciplines who are trained and knowledgeable in mediation, restorative
10 justice, and dispute resolution and selected to be representative of the
11 geographical and cultural diversity of the state and to reflect gender
12 fairness. The council shall consist of fifteen voting members. The
13 membership shall include a district court judge, county court judge, and
14 juvenile court judge and a representative from the Office of Probation
15 Administration, the Nebraska State Bar Association, and the Nebraska
16 County Attorneys Association. Nominations for the remaining members may
17 be solicited from such entities and from the Nebraska Mediation
18 Association, the Public Counsel, social workers, mental health
19 professionals, diversion program administrators, educators, law
20 enforcement entities, crime victim advocates, and former participants in
21 restorative justice programs and related fields. The council shall be
22 appointed by the Supreme Court or its designee. The Supreme Court or its
23 designee shall not be restricted to the solicited list of nominees in
24 making its appointments. One representative from the Office of Probation
25 Administration shall be appointed as a nonvoting member. Two nonvoting,
26 ex officio members shall be appointed by the council from among the
27 approved centers.
28 Sec. 4. Section 28-322, Revised Statutes Cumulative Supplement,
29 2022, is amended to read:
30 28-322 For purposes of sections 28-322 to 28-322.03:
31 (1) Inmate or parolee means any individual confined in a facility
-4-
LB479 LB479
2023 2023
1 operated by the Department of Correctional Services or a city or county
2 correctional or jail facility or under parole supervision; and
3 (2) Person means (a) an individual employed by the Department of
4 Correctional Services or by the Division of Parole Supervision Agency,
5 including any individual working in central administration of the
6 department, any individual working under contract with the department,
7 and any individual, other than an inmate's spouse, to whom the department
8 has authorized or delegated control over an inmate or an inmate's
9 activities, (b) an individual employed by a city or county correctional
10 or jail facility, including any individual working in central
11 administration of the city or county correctional or jail facility, any
12 individual working under contract with the city or county correctional or
13 jail facility, and any individual, other than an inmate's spouse, to whom
14 the city or county correctional or jail facility has authorized or
15 delegated control over an inmate or an inmate's activities, and (c) an
16 individual employed by the Office of Probation Administration who
17 performs official duties within any facility operated by the Department
18 of Correctional Services or a city or county correctional or jail
19 facility.
20 Sec. 5. Section 29-2246, Revised Statutes Cumulative Supplement,
21 2022, is amended to read:
22 29-2246 For purposes of the Nebraska Probation Administration Act
23 and sections 43-2,123.01 and 83-1,102 to 83-1,104, unless the context
24 otherwise requires:
25 (1) Administrator means the probation administrator;
26 (2) (1) Association means the Nebraska District Court Judges
27 Association;
28 (3) Chief probation officer means the probation officer in charge of
29 a probation district;
30 (4) (2) Court means a district court, county court, or juvenile
31 court as defined in section 43-245;
-5-
LB479 LB479
2023 2023
1 (5) Juvenile intake probation officer means an employee of the
2 system who is called upon by a peace officer in accordance with section
3 43-250 to make a decision regarding the furtherance of a juvenile's
4 detention;
5 (6) Juvenile probation officer means any probation officer who
6 supervises probationers of a separate juvenile court;
7 (7) Non-probation-based program or service means a program or
8 service established within the district, county, or juvenile courts and
9 provided to individuals not sentenced to probation who have been charged
10 with or convicted of a crime for the purpose of diverting the individual
11 from incarceration or to provide treatment for issues related to the
12 individual's criminogenic needs. Non-probation-based programs or services
13 include, but are not limited to, problem solving courts established
14 pursuant to section 24-1302 and the treatment of problems relating to
15 substance abuse, mental health, sex offenses, or domestic violence;
16 (8) (3) Office means the Office of Probation Administration;
17 (9) Post-release supervision means the portion of a split sentence
18 following a period of incarceration under which a person found guilty of
19 a crime upon verdict or plea is released by a court subject to conditions
20 imposed by the court and subject to supervision by the office;
21 (10) (4) Probation means a sentence under which a person found
22 guilty of a crime upon verdict or plea or adjudicated delinquent or in
23 need of special supervision is released by a court subject to conditions
24 imposed by the court and subject to supervision. Probation includes post-
25 release supervision and supervision ordered by a court pursuant to a
26 deferred judgment under section 29-2292;
27 (5) Probationer means a person sentenced to probation or post-
28 release supervision;
29 (11) (6) Probation officer means an employee of the system who
30 supervises probationers and conducts presentence, predisposition, or
31 other investigations as may be required by law or directed by a court in
-6-
LB479 LB479
2023 2023
1 which he or she is serving or performs such other duties as authorized
2 pursuant to section 29-2258, except unpaid volunteers from the community;
3 (12) Probationer means a person sentenced to probation or post-
4 release supervision; and
5 (7) Juvenile probation officer means any probation officer who
6 supervises probationers of a separate juvenile court;
7 (8) Juvenile intake probation officer means an employee of the
8 system who is called upon by a law enforcement officer in accordance with
9 section 43-250 to make a decision regarding the furtherance of a
10 juvenile's detention;
11 (9) Chief probation officer means the probation officer in charge of
12 a probation district;
13 (13) (10) System means the Nebraska Probation System. ;
14 (11) Administrator means the probation administrator;
15 (12) Non-probation-based program or service means a program or
16 service established within the district, county, or juvenile courts and
17 provided to individuals not sentenced to probation who have been charged
18 with or convicted of a crime for the purpose of diverting the individual
19 from incarceration or to provide treatment for issues related to the
20 individual's criminogenic needs. Non-probation-based programs or services
21 include, but are not limited to, problem solving courts established
22 pursuant to section 24-1302 and the treatment of problems relating to
23 substance abuse, mental health, sex offenses, or domestic violence;
24 (13) Post-release supervision means the portion of a split sentence
25 following a period of incarceration under which a person found guilty of
26 a crime upon verdict or plea is released by a court subject to conditions
27 imposed by the court and subject to supervision by the office; and
28 (14) Rules and regulations means policies and procedures written by
29 the office and approved by the Supreme Court.
30 Sec. 6. Section 29-2249, Reissue Revised Statutes of Nebraska, is
31 amended to read:
-7-
LB479 LB479
2023 2023
1 29-2249 (1) This subsection applies until June 30, 2024. The Office
2 of Probation Administration is hereby created within the judicial branch
3 of government and directly responsible to the Supreme Court.
4 (2) Beginning July 1, 2024, the Office of Probation Administration
5 shall be within the executive branch of government, and the employees of
6 the office shall be covered by the State Personnel System.
7 (3) The office shall consist of the probation administrator, the
8 Nebraska Probation System, and such other employees as may be necessary
9 to carry out the functions of the Nebraska Probation System.
10 Sec. 7. Section 29-2250, Reissue Revised Statutes of Nebraska, is
11 amended to read:
12 29-2250 The office shall:
13 (1) Supervise and administer the system;
14 (2) Establish probation policies and standards for the system, in
15 consultation with the concurrence of the Supreme Court; and
16 (3) Supervise offenders placed on probation in another state who are
17 within the state pursuant to the Interstate Compact for Adult Offender
18 Supervision.
19 Sec. 8. Section 29-2251, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 29-2251 (1) This subsection applies until June 30, 2024. The
22 Supreme Court shall appoint a probation administrator who shall be a
23 person with appropriate experience in the field of probation or with
24 training in relevant disciplines at a recognized college or university
25 and who shall serve at the pleasure of the Supreme Court.
26 (2) Beginning July 1, 2024, the Governor shall appoint and fix the
27 salary of the probation administrator subject to the approval of a
28 majority of the Legislature. The administrator shall be a person with
29 appropriate experience in the field of probation or with training in
30 relevant disciplines at a recognized college or university. The
31 administrator shall serve at the pleasure of the Governor.
-8-
LB479 LB479
2023 2023
1 Sec. 9. Section 29-2252, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 29-2252 The administrator shall:
4 (1) Supervise and administer the office;
5 (2) Establish and maintain policies, standards, and procedures for
6 the system, in consultation with the concurrence of the Supreme Court;
7