71-1204. Emergency protective custody; dangerous sex offender determination; written certificate; contents.
354 words·~2 min read·
/ne/chapter-71/71-1204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as provided in subsection
(3)of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919 , determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection
(2)of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.
(2)The certificate shall be in writing and shall include the following information:
(a)The subject's name and address, if known;
(b)The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;
(c)The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d)The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;
(e)The name and address of the facility or jail in which the subject is being held for emergency protective custody and evaluation;
(f)The name and work address of the certifying mental health professional;
(g)A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and
(h)A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.
(3)In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, a mental health professional who, upon evaluation of such person, determines that such person is a dangerous sex offender shall execute appropriate written documentation in a format provided by the tribe not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the person designated by the tribe.