Nebraska § 47-401 Person sentenced to or confined in a city or county jail; permission to leave; when; sentence served at other facility; house arrest

Nebraska Statutes

§ 47-401 — Person sentenced to or confined in a city or county jail; permission to leave; when; sentence served at other facility; house arrest

Nebraska·Ch. 47 Jails and Correctional Facilities

(1)Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

(a)Seeking employment;

(b)Working at his or her employment;

(c)Conducting such person's own business or other self-employed occupation, including housekeeping and attending to the needs of such person's family;

(d)Attending any high school, college, university, or other educational or vocational training program or institution;

(e)Serious illness or death of a member of such person's immediate family;

(f)Medical

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(1) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
(a) Seeking employment;
(b) Working at his or her employment;
(c) Conducting such person's own business or other self-employed occupation, including housekeeping and attending to the needs of such person's family;
(d) Attending any high school, college, university, or other educational or vocational training program or institution;
(e) Serious illness or death of a member of such person's immediate family;
(f) Medical treatment;
(g) Outpatient or inpatient treatment for alcohol or substance abuse; or
(h) Engaging in other rehabilitative activities, including, but not limited to, attending a program or service provided at a reporting center.
(2) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving the sentence or a part of the sentence at a house of correction, community residential center, work release center, halfway house, or other place of confinement properly designated as a jail facility in accordance with this section and sections 15-259 , 47-117 , 47-207 , and 47-409 .
(3) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving all or part of the sentence under house arrest. For purposes of this subsection, house arrest means restricting an offender to a specific residence except for authorized periods of absence for employment or for medical, educational, or other reasons approved by the court. House arrest may be monitored by electronic surveillance devices or systems.

Nebraska § 47-401 (Person sentenced to or confined in a city or county jail; permission to leave; when; sentence served at other facility; house arrest) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1969, c. 208, § 1, p. 813; Laws 1975, LB 276, § 1; Laws 1979, LB 315, § 5; Laws 1990, LB 399, § 1; Laws 2003, LB 17, § 18; Laws 2016, LB1094, § 26. Annotations: Denial of work release should not be subject to review except where there has been a clear abuse of the court's broad discretion. State v. Temple, 195 Neb. 91, 236 N.W.2d 835 (1975). A person convicted of a felony and sentenced to imprisonment in a city or county jail is not eligible to receive work release privileges hereunder. State v. Redwine, 192 Neb. 638, 223 N.W.2d 488 (1974).