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2021 Nebraska Revised Statutes
Chapter 83 - State Institutions
83-1,118 - Board; parolee; discharge from parole; when; department; discharge from custody; notice of civil rights.

Universal Citation: NE Code § 83-1,118 (2021)
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83-1,118. Board; parolee; discharge from parole; when; department; discharge from custody; notice of civil rights.

(1) If, in the opinion of the board, upon receipt of information from the Director of Supervision and Services, a parolee has shown suitable compliance with his or her parole programming plan, the board may reduce the level of supervision for a parolee that is commensurate with the best interests of the parolee and is compatible with the protection of the public.

(2) The board shall discharge a parolee from parole when the time served in the custody of the department and the time served on parole equal the maximum term less good time.

(3) The department shall discharge a committed offender from the custody of the department when the time served in the facility equals the maximum term less good time.

(4) Upon completion of the lawful requirements of the sentence, the department shall provide the parolee or committed offender with a written notice regarding his or her civil rights. The notice shall inform the parolee or committed offender that voting rights are restored two years after completion of the sentence. The notice shall also include information on restoring other civil rights through the pardon process, including application to and hearing by the Board of Pardons.

(5) The Board of Parole may discharge a parolee from parole when such parolee is under the supervision of another state's correctional institution and such offender has reached the expiration date of his or her Nebraska parole term.

Source

  • Laws 1969, c. 817, § 49, p. 3098;
  • Laws 1975, LB 567, § 8;
  • Laws 1992, LB 816, § 6;
  • Laws 1994, LB 677, § 10;
  • Laws 2002, LB 1054, § 28;
  • Laws 2003, LB 46, § 25;
  • Laws 2005, LB 53, § 7;
  • Laws 2018, LB841, § 44.

Annotations

  • The Department of Correctional Services acted beyond its authority when, due to a miscalculation of good-time credit, it discharged the defendant before completion of the defendant's lawful sentence. Evans v. Frakes, 293 Neb. 253, 876 N.W.2d 626 (2016).

  • Applies retroactively to prisoners who receive Board of Pardons approval. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).

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