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2012 Nebraska Revised Statutes
Chapter 83 - STATE INSTITUTIONS
83-170 - Terms, defined.

Universal Citation:
NE Code § 83-170 (2012)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
83-170. Terms, defined.

As used in the Nebraska Treatment and Corrections Act, unless the context otherwise requires:

(1) Administrator shall mean the Parole Administrator;

(2) Board shall mean the Board of Parole;

(3) Committed offender shall mean any person who, under any provision of law, is sentenced or committed to a facility operated by the department or is sentenced or committed to the department other than a person adjudged to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 by a juvenile court;

(4) Department shall mean the Department of Correctional Services;

(5) Director shall mean the Director of Correctional Services;

(6) Facility shall mean any prison, reformatory, training school, reception center, community guidance center, group home, or other institution operated by the department;

(7) Good time shall mean any reduction of sentence granted pursuant to sections 83-1,107 and 83-1,108;

(8) Maximum term shall mean the maximum sentence provided by law or the maximum sentence imposed by a court, whichever is shorter;

(9) Minimum term shall mean the minimum sentence provided by law or the minimum sentence imposed by a court, whichever is longer;

(10) Pardon authority shall mean the power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations;

(11) Parole term shall mean the time from release on parole to the completion of the maximum term, reduced by good time; and

(12) Person committed to the department shall mean any person sentenced or committed to a facility within the department.

Source
    Laws 1969, c. 817, § 1, p. 3072;
    Laws 1973, LB 563, § 38;
    Laws 1975, LB 567, § 1;
    Laws 1976, LB 621, § 1;
    Laws 1988, LB 790, § 34;
    Laws 1992, LB 816, § 1.

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

This section is not applicable to the imposition of a sentence by the trial court. State v. Suggett, 189 Neb. 714, 204 N.W.2d 793 (1973).

Under life sentence with no minimum stated, the statutory minimum of ten years for second degree murder would apply for purposes of eligibility for parole. State v. Thompson, 189 Neb. 115, 201 N.W.2d 204 (1972).

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