§ 71-939 — Escape from treatment facility or program; notification required; warrant; execution; peace officer; powers

(1)(a) When any person receiving treatment at a treatment facility or program for persons with mental illness or substance dependence pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the court or clerk of the mental health board of the judicial district from which such person was committed.
(b) The clerk shall issue the warrant of the board directed to the sheriff of the county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer.
(2)(a) When any person receiving treatment at a treatment facility or program for persons with mental illness or substance dependence pursuant to an order of a tribal court as provided in section 71-964 is absent without authorization from such treatment facility or program, the administrator or program director of such treatment facility or program shall immediately notify the Nebraska State Patrol and the appropriate tribal prosecutor or official.
(b) The appropriate tribal official may issue a warrant directed to a peace officer or sheriff of any county for the arrest and detention of such person. Such warrant may be executed by the sheriff or any other peace officer.
(3) The notification required by subdivision (1)(a) or (2)(a) of this section shall include the person's name and description and a determination by a psychiatrist, clinical director, administrator, or program director as to whether the person is believed to be currently dangerous to others.
(4) Pending the issuance of such warrant, any peace officer may seize and detain such person when the peace officer has probable cause to believe that the person is reported to be absent without authorization as described in this section. Such person shall be returned to the treatment facility or program or shall be taken to a facility or jail as described in section 71-919 until he or she can be returned to such treatment facility or program.

Legislative History

Source: Laws 1969, c. 215, § 10, p. 835; Laws 1976, LB 806, § 19; R.S.1943, (1994), § 83-308.02; Laws 1996, LB 1155, § 112; R.S.1943, (1999), § 83-1071; Laws 2004, LB 1083, § 59; Laws 2024, LB1288, § 21; Laws 2025, LB150, § 114. Operative Date: September 3, 2025