§ 71-926 — Subject; custody pending entry of treatment order

(1) At the conclusion of a mental health board hearing under section 71-924 and prior to the entry of a treatment order by the board under section 71-925 , the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted for treatment pursuant to such order or (b) order the subject released from custody under such conditions as the board deems necessary and appropriate to prevent the harm described in section 71-908 and to assure the subject's appearance at a later disposition hearing by the board. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail or other correctional facility except as required or authorized by subsection (2) of section 71-919 . Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(2) A subject who has been ordered to receive inpatient or outpatient treatment by a mental health board may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.
(3)(a) 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, at the conclusion of a mental health hearing under tribal law and prior to entry of a treatment order by the tribal court, the tribal court may order that the subject be:
(i) Retained in custody until entry of such order and the subject may be admitted for treatment pursuant to such order; or
(ii) Released from custody under such conditions as the tribal court deems necessary and appropriate to prevent harm comparable to that described in section 71-908 or the equivalent under tribal law and to assure the subject's appearance at a later disposition hearing. A subject shall be retained in custody under this section at the nearest appropriate and available medical facility and shall not be placed in a jail or other correctional facility except as required or authorized by subsection (2) of section 71-919 .
(b) Each tribe shall make arrangements with appropriate medical facilities inside or outside the tribe for such purpose and shall make arrangements for payment of the cost of the emergency protective custody of persons from such tribe in such facilities.
(c) A subject who has been ordered to receive inpatient or outpatient treatment pursuant to tribal law may be provided treatment while being retained in emergency protective custody and pending admission of the subject for treatment pursuant to such order.

Legislative History

Source: Laws 1976, LB 806, § 49; Laws 1988, LB 257, § 4; Laws 1996, LB 1044, § 967; Laws 1996, LB 1155, § 103; R.S.1943, (1999), § 83-1039; Laws 2004, LB 1083, § 46; Laws 2024, LB1288, § 17; Laws 2025, LB150, § 113. Operative Date: September 3, 2025