Nebraska Statutes 29-2265. Probation; transfer or retention of jurisdiction over probationer; determination; effect
(1) Whenever an offender is placed on probation and will reside in a location outside the jurisdiction of the sentencing court, the sentencing court may:
Terms Used In Nebraska Statutes 29-2265
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a) Retain jurisdiction over the probationer and the subject matter of the action; or
(b) Transfer jurisdiction over the probationer and the subject matter of the action to an appropriate court in the judicial district in which the probationer will reside.
(2) When a court determines to transfer jurisdiction under subdivision (1)(b) of this section, it shall:
(a) Obtain the concurrence of the court to which transfer is to be made;
(b) File a certified transcript of the action out of which the probationer’s conviction arose with the clerk of the court to which jurisdiction is transferred; and
(c) Furnish the chief probation officer of the district in which the probationer will reside with a copy of any presentence investigation.
(3) Upon the filing of the transcript in accordance with subdivision (2)(b) of this section, the court making the transfer shall have no further jurisdiction of the subject matter of the action or over the probationer. The court to which jurisdiction is transferred shall immediately enter an order placing the transferred probationer on probation under such conditions as it may deem appropriate in accordance with the Nebraska Probation Administration Act.
(4) When a court retains jurisdiction under subdivision (1)(a) of this section and the probationer will reside in a different probation district from that of the sentencing court, the court may notify the chief probation officer in the probation district in which the probationer will reside to supervise such probationer under the terms of the probation order and in accordance with the Nebraska Probation Administration Act.