29-4019. Offense requiring lifetime community supervision; sentencing court; Department of Correctional Services; Department of Health and Human Services; city or county correctional or jail facility; duties.
554 words·~3 min read·
/ne/chapter-29/29-4019A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When sentencing a person convicted of an offense which requires lifetime community supervision upon release pursuant to section 83-174.03 , the sentencing court shall:
(a)Provide written notice to the defendant that he or she shall be subject to lifetime community supervision by the Department of Correctional Services upon release from incarceration or civil commitment. The written notice shall inform the defendant
(i)that he or she shall be subject to lifetime community supervision by the department upon release and that the department shall conduct a risk assessment and evaluation to determine the conditions of community supervision which will minimize, in the least restrictive manner that is compatible with public safety, the risk of the defendant committing additional offenses,
(ii)that a violation of any of the conditions of community supervision imposed by the department may result in the revision of existing conditions, the addition of new conditions, a recommendation that civil commitment proceedings should be instituted, or criminal prosecution, and
(iii)of his or her right to challenge the determination of the conditions of community supervision by the department and the right to a periodic review of the conditions of community supervision pursuant to section 83-174.03 to determine if the conditions are still necessary to protect the public;
(b)Require the defendant to read and sign a form stating that the duty of the defendant to comply with the conditions of community supervision and his or her rights to challenge the conditions of community supervision imposed by the department has been explained; and
(c)Retain a copy of the written notification signed by the defendant.
(2)Prior to the release of a person serving a sentence for an offense requiring lifetime community supervision pursuant to section 83-174.03 , the Department of Correctional Services, the Department of Health and Human Services, or a city or county correctional or jail facility shall:
(a)Provide written notice to the person that he or she shall be subject to lifetime community supervision by the Department of Correctional Services upon release from incarceration. The written notice shall inform the person
(i)that he or she shall be subject to lifetime community supervision by the department upon release and that the department shall conduct a risk assessment and evaluation of the defendant to determine the conditions of community supervision which will minimize, in the least restrictive manner that is compatible with public safety, the risk of the person committing additional offenses,
(ii)that a violation of any of the conditions of community supervision imposed by the department may result in the revision of existing conditions, the addition of new conditions, a recommendation that civil commitment proceedings should be instituted, or criminal prosecution, and
(iii)of his or her right to challenge the determination of the conditions of community supervision by the department and the right to a periodic review of the conditions of community supervision pursuant to section 83-174.03 to determine if the conditions are still necessary to protect the public;
(b)Require the defendant to read and sign a form stating that the duty of the defendant to comply with the conditions of community supervision and his or her right to challenge the conditions of community supervision imposed by the department has been explained; and
(c)Retain a copy of the written notification signed by the person.