2009 Nebraska Code
Chapter 47 JAILS AND CORRECTIONAL FACILITIES
47-630 Supreme Court guidelines.

47-630. Supreme Court guidelines.

(1) In order to facilitate the purposes of the Community Corrections Act, the Supreme Court shall by court rule adopt guidelines for sentencing of persons convicted of certain crimes. The guidelines shall provide that courts are to consider community correctional programs and facilities in sentencing designated offenders, with the goal of reducing dependence on incarceration as a sentencing option for nonviolent offenders.

(2) The guidelines shall specify appropriate sentences for the designated offenders in consideration of factors set forth by rule. The Supreme Court may provide that a sentence in accordance with the guidelines constitutes a rebuttable presumption.

(3) The guidelines shall be developed and presented to the Supreme Court for such felony offenses and on such time schedule as the Supreme Court and the council deem appropriate.

(4) The council shall develop and periodically review the guidelines and, when appropriate, recommend amendments to the guidelines.

Source

Laws 2003, LB 46, § 42;
Laws 2005, LB 538, § 18.

Annotations The Legislature's mandate in subsection (1) of this section that the Nebraska Supreme Court adopt sentencing guidelines violates Neb. Const. art. II, sec. 1. In re Petition of Nebraska Community Corr. Council, 274 Neb. 225, 738 N.W.2d 850 (2007).