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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 624
Introduced by McCollister, 20.
Read first time January 20, 2021
Committee: Judiciary
1 A BILL FOR AN ACT relating to treatment and corrections; to amend
2 sections 29-2204.02, 29-3803, 29-3804, 29-4014, 81-1850, 83-1,110,
3 83-4,111, 83-4,122, and 83-4,123, Reissue Revised Statutes of
4 Nebraska, and sections 29-2204, 83-170, 83-1,109, 83-1,135, and
5 83-4,114.01, Revised Statutes Cumulative Supplement, 2020; to
6 provide for earned time credit reductions in the minimum terms of
7 prisoners at the Department of Correctional Services; to define a
8 term; to harmonize provisions; and to repeal the original sections.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 29-2204, Revised Statutes Cumulative Supplement,
2 2020, is amended to read:
3 29-2204 (1) Except when a term of life imprisonment is required by
4 law, in imposing a sentence upon an offender for any class of felony
5 other than a Class III, IIIA, or IV felony, the court shall fix the
6 minimum and the maximum terms of the sentence to be served within the
7 limits provided by law. The maximum term shall not be greater than the
8 maximum limit provided by law, and:
9 (a) The minimum term fixed by the court shall be any term of years
10 less than the maximum term imposed by the court; or
11 (b) The minimum term shall be the minimum limit provided by law.
12 (2) When a maximum term of life is imposed by the court for a Class
13 IB felony, the minimum term fixed by the court shall be:
14 (a) Any term of years not less than the minimum limit provided by
15 law; or
16 (b) A term of life imprisonment.
17 (3) When a maximum term of life is imposed by the court for a Class
18 IA felony, the minimum term fixed by the court shall be:
19 (a) A term of life imprisonment; or
20 (b) Any term of years not less than the minimum limit provided by
21 law after consideration of the mitigating factors in section 28-105.02,
22 if the defendant was under eighteen years of age at the time he or she
23 committed the crime for which he or she was convicted.
24 (4) When the court is of the opinion that imprisonment may be
25 appropriate but desires more detailed information as a basis for
26 determining the sentence to be imposed than has been provided by the
27 presentence report required by section 29-2261, the court may commit an
28 offender to the Department of Correctional Services. During that time,
29 the department shall conduct a complete study of the offender as provided
30 in section 29-2204.03.
31 (5) Except when a term of life is required by law, whenever the
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1 defendant was under eighteen years of age at the time he or she committed
2 the crime for which he or she was convicted, the court may, in its
3 discretion, instead of imposing the penalty provided for the crime, make
4 such disposition of the defendant as the court deems proper under the
5 Nebraska Juvenile Code.
6 (6)(a) When imposing an indeterminate sentence upon an offender
7 under this section, the court shall:
8 (i) Advise the offender on the record the time the offender will
9 serve on his or her minimum term before attaining parole eligibility
10 assuming that no good time or earned time for which the offender will be
11 eligible is lost; and
12 (ii) Advise the offender on the record the time the offender will
13 serve on his or her maximum term before attaining mandatory release
14 assuming that no good time or earned time for which the offender will be
15 eligible is lost.
16 (b) If any discrepancy exists between the statement of the minimum
17 limit of the sentence and the statement of parole eligibility or between
18 the statement of the maximum limit of the sentence and the statement of
19 mandatory release, the statements of the minimum limit and the maximum
20 limit shall control the calculation of the offender's term.
21 (c) If the court imposes more than one sentence upon an offender or
22 imposes a sentence upon an offender who is at that time serving another
23 sentence, the court shall state whether the sentences are to be
24 concurrent or consecutive.
25 Sec. 2. Section 29-2204.02, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 29-2204.02 (1) Except when a term of probation is required by law as
28 provided in subsection (2) of this section or except as otherwise
29 provided in subsection (4) of this section, in imposing a sentence upon
30 an offender for a Class III, IIIA, or IV felony, the court shall:
31 (a) Impose a determinate sentence of imprisonment within the
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1 applicable range in section 28-105; and
2 (b) Impose a sentence of post-release supervision, under the
3 jurisdiction of the Office of Probation Administration, within the
4 applicable range in section 28-105.
5 (2) If the criminal offense is a Class IV felony, the court shall
6 impose a sentence of probation unless:
7 (a) The defendant is concurrently or consecutively sentenced to
8 imprisonment for any felony other than another Class IV felony;
9 (b) The defendant has been deemed a habitual criminal pursuant to
10 section 29-2221; or
11 (c) There are substantial and compelling reasons why the defendant
12 cannot effectively and safely be supervised in the community, including,
13 but not limited to, the criteria in subsections (2) and (3) of section
14 29-2260. Unless other reasons are found to be present, that the offender
15 has not previously succeeded on probation is not, standing alone, a
16 substantial and compelling reason.
17 (3) If a sentence of probation is not imposed, the court shall state
18 its reasoning on the record, advise the defendant of his or her right to
19 appeal the sentence, and impose a sentence as provided in subsection (1)
20 of this section.
21 (4) For any sentence of imprisonment for a Class III, IIIA, or IV
22 felony for an offense committed on or after August 30, 2015, imposed
23 consecutively or concurrently with (a) a sentence for a Class III, IIIA,
24 or IV felony for an offense committed prior to August 30, 2015, or (b) a
25 sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA
26 felony, the court shall impose an indeterminate sentence within the
27 applicable range in section 28-105 that does not include a period of
28 post-release supervision, in accordance with the process set forth in
29 section 29-2204.
30 (5) For any sentence of imprisonment for a misdemeanor imposed
31 consecutively or concurrently with a sentence of imprisonment for a Class
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1 III, IIIA, or IV felony for an offense committed on or after August 30,
2 2015, the court shall impose a determinate sentence within the applicable
3 range in section 28-106 unless the person is also committed to the
4 Department of Correctional Services in accordance with section 29-2204
5 for (a) a sentence of imprisonment for a Class III, IIIA, or IV felony
6 committed prior to August 30, 2015, or (b) a sentence of imprisonment for
7 a Class I, IA, IB, IC, ID, II, or IIA felony.
8 (6) If the defendant was under eighteen years of age at the time he
9 or she committed the crime for which he or she was convicted, the court
10 may, in its discretion, instead of imposing the penalty provided for the
11 crime, make such disposition of the defendant as the court deems proper
12 under the Nebraska Juvenile Code.
13 (7)(a) When imposing a determinate sentence upon an offender under
14 this section, the court shall:
15 (i) Advise the offender on the record the time the offender will
16 serve on his or her term of imprisonment before his or her term of post-
17 release supervision assuming that no good time or earned time for which
18 the offender will be eligible is lost;
19 (ii) Advise the offender on the record the time the offender will
20 serve on his or her term of post-release supervision; and
21 (iii) When imposing a sentence following revocation of post-release
22 supervision, advise the offender on the record the time the offender will
23 serve on his or her term of imprisonment, including credit for time
24 served, assuming that no good time or earned time for which the offender
25 will be eligible is lost.
26 (b) If a period of post-release supervision is required but not
27 imposed by the sentencing court, the term of post-release supervision
28 shall be the minimum provided by law.
29 (c) If the court imposes more than one sentence upon an offender or
30 imposes a sentence upon an offender who is at that time serving another
31 sentence, the court shall state whether the sentences are to be
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1 concurrent or consecutive.
2 (d) If the offender has been sentenced to two or more determinate
3 sentences and one or more terms of post-release supervision, the offender
4 shall serve all determinate sentences before being released on post-
5 release supervision.
6 Sec. 3. Section 29-3803, Reissue Revised Statutes of Nebraska, is
7 amended to read:
8 29-3803 Any person who is imprisoned in a facility operated by the
9 Department of Correctional Services may request in writing to the
10 director final disposition of any untried indictment, information, or
11 complaint pending against him or her in this state. Upon receiving any
12 request from a prisoner for final disposition of any untried indictment,
13 information, or complaint, the director shall:
14 (1) Furnish the prosecutor with a certificate stating the term of
15 commitment under which the prisoner is being held, the time already
16 served on the sentence, the time remaining to be served, the good time
17 and earned time credited to the prisoner earned, the time of the
18 prisoner's parole eligibility, and any decision of the Board of Parole
19 relating to the prisoner;
20 (2) Send by registered or certified mail, return receipt requested,
21 one copy of the request and the certificate to the court in which the
22 untried indictment, information, or complaint is pending and one copy to
23 the prosecutor charged with the duty of prosecuting it; and
24 (3) Offer to deliver temporary custody of the prisoner to the
25 appropriate authority in the city or county where the untried indictment,
26 information, or complaint is pending.
27 Sec. 4. Section 29-3804, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 29-3804 The prosecutor in a city or county in which an untried
30 indictment, information, or complaint is pending shall be entitled to
31 have a prisoner, against whom he or she has lodged a detainer and who is
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1 serving a term of imprisonment in any facility operated by the Department
2 of Correctional Services, made available upon presentation of a written
3 request for temporary custody or availability to the director. The court
4 having jurisdiction of such indictment, information, or complaint shall
5 duly approve, record, and transmit the prosecutor's request. Upon receipt
6 of the prosecutor's written request the director shall:
7 (1) Furnish the prosecutor with a certificate stating the term of
8 commitment under which the prisoner is being held, the time already
9 served, the time remaining to be served on the sentence, the good time
10 and earned time credited to the prisoner earned, the time of the
11 prisoner's parole eligibility, and any decision of the Board of Parole
12 relating to the prisoner; and
13 (2) Offer to deliver temporary custody of the prisoner to the
14 appropriate authority in the city or county where the untried indictment,
15 information, or complaint is pending in order that speedy and efficient
16 prosecution may be had.
17 Sec. 5. Section 29-4014, Reissue Revised Statutes of Nebraska, is
18 amended to read:
19 29-4014 Any person convicted of a crime requiring registration as a
20 sex offender pursuant to section 29-4003 and committed to the Department
21 of Correctional Services shall attend appropriate sex offender treatment
22 and counseling programming offered by the department. Refusal to
23 participate in such programming shall not result in disciplinary action
24 or a loss of good time or earned time credit on the part of the offender
25 but shall require a civil commitment evaluation pursuant to section
26 83-174.02 prior to the completion of his or her criminal sentence.
27 Sec. 6. Section 81-1850, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 81-1850 (1) Upon request of the victim and at the time of conviction
30 of the offender, the county attorney of the jurisdiction in which a
31 person is convicted of a felony shall forward to the Board of Parole, the
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1 Department of Correctional Services, the county corrections agency, or
2 the Department of Health and Human Services the name and address of any
3 victim, as defined in section 29-119, of the convicted person. The board,
4 the Department of Correctional Services, the county corrections agency,
5 or the Department of Health and Human Services shall include the name in
6 the file of the convicted person, but the name shall not be part of the
7 public record of any parole hearings of the convicted person. Any victim,
8 including a victim who has waived his or her right to notification at the
9 time of conviction, may request the notification prescribed in this
10 section, as applicable, by sending a written request to the board, the
11 Department of Correctional Services, the county corrections agency, or
12 the Department of Health and Human Services any time after the convicted
13 person is incarcerated and until the convicted person is no longer under
14 the jurisdiction of the board, the county corrections agency, or the
15 Department of Correctional Services or, if the person is under the
16 jurisdiction of the Department of Health and Human Services, within the
17 three-year period after the convicted person is no longer under the
18 jurisdiction of the board, the county corrections agency, or the
19 Department of Correctional Services.
20 (2) A victim whose name appears in the file of the convicted person
21 shall be notified by the Board of Parole:
22 (a) Within ninety days after conviction of an offender, of the
23 tentative date of release and the earliest parole eligibility date of
24 such offender;
25 (b) Of any parole hearings or proceedings;
26 (c) Of any decision of the Board of Parole;
27 (d) When a convicted person who is on parole is returned to custody
28 because of parole violations; and
29 (e) If the convicted person has been adjudged a mentally disordered
30 sex offender or is a convicted sex offender, when such person is re