Nebraska Statutes 71-1204. Emergency protective custody; dangerous sex offender determination; written certificate; contents
(1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.
Terms Used In Nebraska Statutes 71-1204
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(2) The certificate shall be in writing and shall include the following information:
(a) The subject’s name and address, if known;
(b) The name and address of the subject’s spouse, legal counsel, guardian or conservator, and next of kin, if known;
(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;
(d) The name and address of any other person who may have knowledge of the subject’s mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;
(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;
(f) The name and work address of the certifying mental health professional;
(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and
(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.
(3) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, a mental health professional who, upon evaluation of such person, determines that such person is a dangerous sex offender shall execute appropriate written documentation in a format provided by the tribe not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the person designated by the tribe.