(c) Any other information the court considers relevant. If you enter a plea or are convicted of a crime in Nebraska, the next step is sentencing. Utilizing innovative court programs through which individuals and families thrive, and all Nebraska communities become safer. 2006 Nebraska Revised Statutes - § 29-2262 — Probation; conditions. (6) The administrator shall adopt and promulgate rules and regulations to carry out this section, including, but not limited to, rules and regulations to ensure prompt court review of requests for the imposition of custodial sanctions. Statutes of Limitations in Nebraska. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 93 counties must be approved in advance by your U.S. (3) If the court finds that the probationer did violate a condition of his or her probation, but is of the opinion that revocation is not appropriate, the court may order that: (a) The probationer receive a reprimand and warning; (b) Probation supervision and reporting be intensified; (c) The probationer be required to conform to one or more additional conditions of probation which may be imposed in accordance with the Nebraska Probation Administration Act; (d) A custodial sanction … seq., when someone dies in Nebraska, estate matters are handled through the probate court in the county in which the person died. When the Legislature enacted the 1993 amendment to subsection (2) of this section, it intended to include those who had been fined only within the class of those who could have their convictions set aside. Each member of the examining board who is a registered land surveyor shall be a resident of the State of Nebraska for at least one year immediately preceding his or her appointment to the examining board, shall have been engaged in the active practice of the discipline for at least ten years, and shall have been in responsible charge of work for at least five years prior to his or her … (1) When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life. State v. Kudlacz, 288 Neb. As per Nebraska Revised Statutes § 30-2326 et. Terms Used In Nebraska Statutes 29-2263. State v. Wester, 269 Neb. Violate: shall include failure to comply with. (4) Immediately after arrest and detention pursuant to subsection (2) of this section, the probation officer shall notify the county attorney of the county where probation was imposed and submit a written report of the reason for such arrest and of any violation of probation. State Probation Administrator Deborah Minardi addressed new probation officers, their families and fellow probation employees via Webex on Oct. 27. State v. Wester, 269 Neb. Probation; violation; court; determination. 467, 238 N.W.2d 639 (1976). Work within this position includes performing a variety of duties ranging from conducting court investigations to the case Usually, conditional release lets a person opt for probation rather than trial. Conviction: A judgement of guilt against a criminal defendant. The District of Nebraska is comprised of 93 counties. Rev. The written response may include corrections of factual errors. Subsection (2) of this section authorizes any person convicted of a misdemeanor or a felony and placed on probation or sentenced to a fine only to petition the sentencing court to set aside the conviction after satisfactory fulfillment of the conditions of probation for the entire period, or after early discharge, and payment of any fine. 295, 691 N.W.2d 536 (2005). 656, 850 N.W.2d 755 (2014). 1, 710 N.W.2d 300 (2006). After prompt consideration of such written report, the county attorney shall: (a) Notify the probation officer and the jail or detention facility, in writing, that he or she does not intend to file a motion to revoke probation, and authorize the release of the probationer from confinement; or. The decision to impose a custodial sanction rests with the court and shall be based upon the probationer’s risk level, the severity of the violation, and the probationer’s response to the violation. 63 State of Nebraska Probation jobs available on Indeed.com. The probation officer shall submit a written report to the county attorney of the county where probation was imposed, outlining the nature of the probation violation and the sanction imposed; (b) Seek the imposition of a custodial sanction with the approval of his or her chief probation officer or such chief’s designee. A Judge may sentence a person to a term of probation instead of jail.. Nebraska Probation Rules Overview. (d) Whether to seek revocation of probation. (5) The court may grant the offender's petition and issue an order setting aside the conviction when in the opinion of the court the order will be in the best interest of the offender and consistent with the public welfare. McCray v. Nebraska State Patrol, 270 Neb. Nebraska Criminal Statute of Limitations at a Glance. Probation Officer Trainee District #1 Location: Beatrice This entry-level position involves job orientation and training under close supervision for a period of one year to afford the trainee an opportunity to gain experience and develop ability. There's an 18-month time limit for most misdemeanors. (6) The transferred employee shall participate in and be covered by the Nebraska State Insurance Program, sections 84-1601 to 84-1615, on July 1, 1985. Confinement in the county jail as a condition of probation does not bar a person from seeking to have a conviction set aside pursuant to subsection (2) of this section. Subsection (2) of this section applies after (1) the satisfactory fulfillment of the conditions of probation for the entire period, (2) the discharge from probation prior to termination of the period of probation, or (3) after the payment of any fine if the defendant has been sentenced to a fine only. Use this page to navigate to all sections within Chapter 21. McCray v. Nebraska State Patrol, 271 Neb. Probation is very distinctive from parole, which involves conditional release from confinement after part of a sentence has already been served. Nebraska has no time limit for the state to file charges of murder, treason, arson, or forgery, but most felonies carry a three-year statute of limitations. 47-624. (3) Whenever a probation officer has reasonable cause to believe that a probationer sentenced for a felony has committed or is about to commit a violation of a condition of probation, the probation officer shall: (a) Impose one or more administrative sanctions with the approval of his or her chief probation officer or such chief’s designee. Whenever a probationer is arrested, with or without a warrant, he or she shall be detained in a jail or other detention facility. 29-2284. State v. Adamson, 194 Neb. 1983). 99, 645 N.W.2d 539 (2002). 2006 Nebraska Revised Statutes - § 29-2268 — Probation; violation; court; determination. Section 29-2262 Probation; conditions. A Judge may sentence a person to a term of probation instead of jail.. 1, 710 N.W.2d 300 (2006). 2016 Nebraska Revised Statutes Chapter 29 - CRIMINAL PROCEDURE 29-2267 Probation; revocation; procedure. (6) The setting aside of a conviction in accordance with the Nebraska Probation Administration Act shall not: (a) Require the reinstatement of any office, employment, or position which was previously held and lost or forfeited as a result of the conviction; (b) Preclude proof of a plea of guilty whenever such plea is relevant to the determination of an issue involving the rights or liabilities of someone other than the offender; (c) Preclude proof of the conviction as evidence of the commission of the offense whenever the fact of its commission is relevant for the purpose of impeaching the offender as a witness, except that the order setting aside the conviction may be introduced in evidence; (d) Preclude use of the conviction for the purpose of determining sentence on any subsequent conviction of a criminal offense; (e) Preclude the proof of the conviction as evidence of the commission of the offense in the event an offender is charged with a subsequent offense and the penalty provided by law is increased if the prior conviction is proved; (f) Preclude the proof of the conviction to determine whether an offender is eligible to have a subsequent conviction set aside in accordance with the Nebraska Probation Administration Act; (g) Preclude use of the conviction as evidence of commission of the offense for purposes of determining whether an application filed or a license issued under sections 71-1901 to 71-1906.01, the Child Care Licensing Act, or the Children's Residential Facilities and Placing Licensure Act or a certificate issued under sections 79-806 to 79-815 should be denied, suspended, or revoked; (h) Preclude use of the conviction as evidence of incompetence, neglect of duty, physical, mental, or emotional incapacity, or final conviction of or pleading guilty or nolo contendere to a felony for purposes of determining whether an application filed or a certificate issued under sections 81-1401 to 81-1414.10 should be denied, suspended, or revoked; (i) Preclude proof of the conviction as evidence whenever the fact of the conviction is relevant to a determination of the registration period under section 29-4005; (j) Relieve a person who is convicted of an offense for which registration is required under the Sex Offender Registration Act of the duty to register and to comply with the terms of the act; (k) Preclude use of the conviction for purposes of section 28-1206; (l) Affect the right of a victim of a crime to prosecute or defend a civil action; (m) Affect the assessment or accumulation of points under section 60-4,182; or. See Nebraska Statutes 49-801; Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Apply to Probation Officer, School Counselor, Court Clerk and more! The probationer has the right to decline to acknowledge the violation; and if he or she declines to acknowledge the violation, the probation officer shall take action in accordance with section 29-2266.03 . If a custodial sanction is to be imposed, the probationer shall acknowledge in writing the nature of the violation and agree upon the custodial sanction. Nebraska probation is a correctional method under which the sentences of selected offenders may be conditionally suspended upon the promise of good behavior and agreement to accept supervision, and abide by specified requirements. The decision to impose an administrative sanction rests with the probation officer and his or her chief probation officer or such chief’s designee and shall be based upon the probationer’s risk level, the severity of the violation, and the probationer’s response to the violation. Such order in all felony cases shall provide notice that the person's voting rights are restored two years after completion of probation. 1, 710 N.W.2d 300 (2006). Source Laws 1984, LB 13, § 64; Nebraska Statutes of Limitations Statutes of limitations apply to both criminal and civil cases, placing time restrictions on how soon a plaintiff, or prosecutor, may file a civil claim or criminal charge. Amendments to this section that allow a set-aside conviction to be used for purposes of determining risk under the Sex Offender Registration Act do not apply retroactively to a sex offender whose prior convictions for non-sex-offenses were set aside prior to the amendments, and thus, the offender's set-aside convictions could not be used for risk assessment under the act. Nebraska State Probation Statement of Values and Beliefs To reach our Vision and accomplish our Mission, the Nebraska Probation System is guided by the following Values and Beliefs We Believe in Dignity, Respect and Integrity: As Officers of the Court, we are held to a … Probation in Nebraska – What You Need to Know www.criminaldefensene.com 1 REFERENCES Nebraska Judicial Branch, Administrative Office of Probation District 4A Probation, Frequently Asked Questions Nebraska Revised Statute, 29-2266 225, 701 N.W.2d 349 (2005). If you were ordered to complete a term of probation in Nebraska, you must abide by all Nebraska probation rules and special conditions of your probation. An order setting aside a conviction is a final judgment which nullifies the conviction and removes all civil disabilities which were not exempted from restoration by this section as it existed on the date of the order. See Nebraska Statutes 29-2266. Violate: shall include failure to comply with. (c) Submit a written report to the sentencing court, with a copy to the county attorney of the county where probation was imposed, outlining the nature of the probation violation and request that formal revocation proceedings be initiated against the probationer in accordance with sections 29-2267 and 29-2268 . If you were ordered to complete a term of probation in Nebraska, you must abide by all Nebraska probation rules and special conditions of your probation. (b) A petition under subdivision (3)(a) of this section shall be denied if filed: (i) By any person with a criminal charge pending in any court in the United States or in any other country; (ii) During any period in which the person is required to register under the Sex Offender Registration Act; (iii) For any misdemeanor or felony motor vehicle offense under section 28-306 or the Nebraska Rules of the Road; or. This is FindLaw's hosted version of Nebraska Revised Statutes Chapter 21. (8) Except as otherwise provided for the notice in subsection (1) of this section, changes made to this section by Laws 2005, LB 713, shall be retroactive in application and shall apply to all persons, otherwise eligible in accordance with the provisions of this section, whether convicted prior to, on, or subsequent to September 4, 2005. Justia - Nebraska Nebraska Probation Office - Free Legal Information - Laws, Blogs, Legal Services and More Child Labor Law ..... Neb. (5) Whenever a county attorney receives a report from a probation officer that a probationer sentenced for a felony has violated a condition of probation, the county attorney may file a motion or information to revoke probation in accordance with sections 29-2267 and 29-2268 . United States v. Germaine, 720 F.2d 998 (8th Cir. Expand sections by using the arrow icons. The order shall: (b) Remove all civil disabilities and disqualifications imposed as a result of the conviction; and. State v. Kudlacz, 288 Neb. If the probationer acknowledges the violation and agrees upon the custodial sanction, the probation officer shall take action in accordance with subsection (1) of section 29-2266.03 and shall submit a written report to the county attorney of the county where probation was imposed, outlining the nature of the probation violation and the sanction to be imposed; or. If an administrative sanction is to be imposed, the probationer shall acknowledge in writing the nature of the violation and agree upon the administrative sanction. 2006 Nebraska Revised Statutes - § 29-2266 — Probation; violation; procedure. You can see the statutes to learn more and to look for changes to them. U.S. Code > Title 18 > Part II - Criminal Procedure, U.S. Code > Title 34 - Crime Control and Law Enforcement, California Codes > Penal Code > Part 2 - Of Criminal Procedure, Florida Statutes > Title XLVII - Criminal Procedure and Corrections, Illinois Compiled Statutes > 415 ILCS 5 > Title II - Air Pollution, Illinois Compiled Statutes > 720 ILCS 5 > Title II - Principles Of Criminal Liability, Illinois Compiled Statutes > 725 ILCS 5 > Title I > Article 100 - Title And Scope, Illinois Compiled Statutes > 725 ILCS 5 > Title I > Article 101 - General Purposes, Illinois Compiled Statutes > Chapter 725 - Criminal Procedure, Missouri Laws > Title XXXVII - Criminal Procedure, Tennessee Code > Title 40 - Criminal Procedure. State v. Boss, 195 Neb. Nebraska Revised Statute 29-2266 governs a probation officer’s authority, reading in pertinent part as follows: 6. Orders setting aside the offender's convictions vested him with the right to have the set-aside convictions used only for those purposes listed in this section at the time the orders were entered. — (1) The court shall determine the terms and conditions of probation. This section indicates that it is the province of the sentencing court to set aside a conviction and gives guidelines for determination of whether to set aside a conviction. 2006 Nebraska Revised Statutes - § 29-2266 — Probation; violation; procedure. Corporations and Other Companies. (Be aware that court rulings determine the way statutes are interpreted; they can even make statutes or parts of them unenforceable.) 656, 850 N.W.2d 755 (2014). See Nebraska Statutes 49-801; Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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