Nebraska § 83-338 State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report

Nebraska Statutes

§ 83-338 — State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report

Nebraska § 83-338

Ch. 83State Institutions

This text of Nebraska § 83-338 (State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 83-338 (2026).

Text

(1)If at any time it becomes necessary, for lack of capacity or other cause, to establish priorities for the admission of patients into the state hospitals for the mentally ill, admission shall be limited to:

(a)Patients whose care in the state hospital is necessary in order to protect the public health and safety;

(b)defendants who are determined by a court to be incompetent to stand trial and who remain lodged in the county jail;

(c)patients committed by a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, by a district court, or by a tribal court as provided in section 71-964 or 71-1226.01 ;

(d)patients who are most likely to be benefited by treatment in the state hospitals, regardless of whether such patients are committed by

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(1) If at any time it becomes necessary, for lack of capacity or other cause, to establish priorities for the admission of patients into the state hospitals for the mentally ill, admission shall be limited to: (a) Patients whose care in the state hospital is necessary in order to protect the public health and safety; (b) defendants who are determined by a court to be incompetent to stand trial and who remain lodged in the county jail; (c) patients committed by a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, by a district court, or by a tribal court as provided in section 71-964 or 71-1226.01 ; (d) patients who are most likely to be benefited by treatment in the state hospitals, regardless of whether such patients are committed by a mental health board or whether such patients seek voluntary admission to one of the state hospitals; and (e) when cases are equally meritorious, in all other respects, patients who are indigent.
(2) The Lincoln Regional Center shall provide a minimum number of beds equal to the following percentages of total available capacity:
(a) Ten percent for patients entering the facility pursuant to subdivision (1)(a) of this section;
(b) Ten percent for patients entering the facility pursuant to subdivision (1)(b) of this section;
(c) Thirty percent for patients entering the facility pursuant to subdivision (1)(c) of this section;
(d) Ten percent for patients entering the facility pursuant to subdivision (1)(d) of this section;
(e) Ten percent for patients entering the facility pursuant to subdivision (1)(e) of this section; and
(f) Thirty percent to remain unallocated for the Department of Health and Human Services to allocate according to the priorities established in subsection (1) of this section as needed to reduce existing waiting lists.
(3) Beginning on or before November 1, 2022, the Department of Health and Human Services shall make available on its website a weekly report on the capacity and status of state-operated mental health facilities, including, but not limited to, the capacity and wait times associated with each priority category established in subsection (1) of this section.

Legislative History

Source: G.S.1873, c. 31, § 37, p. 420; R.S.1913, § 7263; C.S.1922, § 6920; C.S.1929, § 83-725; R.S.1943, § 83-338; Laws 1947, c. 335, § 28, p. 1068; Laws 2004, LB 1083, § 134; Laws 2006, LB 1199, § 100; Laws 2022, LB921, § 3; Laws 2024, LB1288, § 34. Cross References: Nebraska Mental Health Commitment Act, see section 71-901. Sex Offender Commitment Act, see section 71-1201.