Nebraska Statutes 71-1226.01. Subject domiciled in Indian country; state recognition of tribal orders; rights of subject; commitment to treatment facility; procedure
(1) With respect to a subject domiciled in Indian country, the State of Nebraska recognizes tribal hold orders, commitment orders, and emergency protective custody orders to the same extent as those initiated by any county in the state or as otherwise provided in the Sex Offender Commitment Act. This recognition applies only for purposes of treatment of the subject’s mental illness, including, but not limited to, commitment to and acceptance for treatment at a regional center or any other treatment facility.
Terms Used In Nebraska Statutes 71-1226.01
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) A subject admitted to a state-operated treatment facility pursuant to this section has all the rights accorded by sections 71-943 to 71-960.
(3) For a subject admitted to a state-operated treatment facility pursuant to this section:
(a) The treatment facility shall file treatment reports with the Indian Health Service or the placing tribe within sixty days after commencement of the subject’s stay at the treatment facility; and
(b) The treatment facility shall file a subsequent treatment report with the Indian Health Service or the placing tribe within six months after the subject’s admission to the facility or prior to discharge, whichever comes first.
(4) If the tribal court finds a subject living within Indian country to be a dangerous sex offender and the tribal court orders the subject committed to receive inpatient treatment at a treatment facility, the tribal court shall issue a warrant authorizing the administrator of such treatment facility to receive and keep the subject as a patient. The warrant shall state the findings of the tribal court and the legal settlement of the subject, if known, or any available information relating thereto. Such warrant shall shield every official and employee of the treatment facility against all liability to prosecution of any kind on account of the reception and detention of the subject if the detention is otherwise in accordance with law and policies of the treatment facility.
(5) In the case of a subject domiciled within Indian country in Nebraska who is committed for treatment under tribal law as provided in this section, the tribe shall make arrangements for payment of the cost of such treatment services.
(6) This section and the changes made to the Sex Offender Commitment Act by Laws 2024, LB1288, shall not be construed to affect the jurisdiction of tribal courts or to regulate internal proceedings of tribes or matters of tribal law. The purpose of this section and such changes is to facilitate the treatment and placement of subjects domiciled in Indian country in treatment facilities not operated by tribes.