(1) A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county attorney, or may upon its own motion, conduct a hearing to determine whether the individual is mentally ill and dangerous and consequently not a proper subject for release. Such hearing shall be conducted in accordance with the procedures established for hearings under the Nebraska Mental Health Commitment Act. The subject of such hearing shall be accorded all rights guaranteed to the subject of a petition under the act.

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Terms Used In Nebraska Statutes 71-937

  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Mental health board: means a board created under section Nebraska Statutes 71-905
  • Mentally ill: means having a psychiatric disorder that involves a severe or substantial impairment of a person's thought processes, sensory input, mood balance, memory, or ability to reason which substantially interferes with such person's ability to meet the ordinary demands of living or interferes with the safety or well-being of others. See Nebraska Statutes 71-907
  • Subject: means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. See Nebraska Statutes 71-912
  • Treatment facility: means a facility which is licensed to provide services for persons who are mentally ill or substance dependent or both. See Nebraska Statutes 71-914
  • Tribal court: means a court or tribunal authorized by a tribe to adjudicate legal disputes and carry out the administration of justice in accordance with tribal law. See Nebraska Statutes 71-914.01

(2) In the case of a subject who is domiciled in Indian country and committed for treatment as provided in section 71-964, the tribal court shall be notified in writing of the release by the treatment facility of any such subject committed by the tribal court.