Nebraska Statutes 71-959. Subject in custody or receiving treatment; rights; enumerated
A subject in custody or receiving treatment under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act has the right:
Terms Used In Nebraska Statutes 71-959
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Mental health board: means a board created under section Nebraska Statutes 71-905
- Mental health professional: means a person licensed to practice medicine and surgery or psychology in this state under the Psychology Interjurisdictional Compact or the Uniform Credentialing Act or an advanced practice registered nurse licensed under the Advanced Practice Registered Nurse Practice Act who has proof of current certification in a psychiatric or mental health specialty. See Nebraska Statutes 71-906
- 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
- 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
(1) To be considered legally competent for all purposes unless he or she has been declared legally incompetent. The mental health board shall not have the power to declare an individual incompetent;
(2) To receive prompt and adequate evaluation and treatment for mental illness, personality disorders, and physical ailments and to participate in his or her treatment planning activities to the extent determined to be appropriate by the mental health professional in charge of the subject’s treatment;
(3) To refuse treatment medication, except (a) in an emergency, such treatment medication as is essential in the judgment of the mental health professional in charge of such treatment to prevent the subject from causing injury to himself, herself, or others or (b) following a hearing and order of a mental health board, such treatment medication as will substantially improve his or her mental illness or personality disorder or reduce the risk posed to the public by a dangerous sex offender;
(4) To communicate freely with any other person by sealed mail, personal visitation, and private telephone conversations;
(5) To have reasonably private living conditions, including private storage space for personal belongings;
(6) To engage or refuse to engage in religious worship and political activity;
(7) To be compensated for his or her labor in accordance with the federal Fair Labor Standards Act, 29 U.S.C. § 206, as such section existed on January 1, 2004;
(8) To have access to a patient grievance procedure; and
(9) To file, either personally or by counsel, petitions or applications for writs of habeas corpus for the purpose of challenging the legality of his or her custody or treatment.