Nebraska Statutes 83-1,103.02. Lifetime community supervision; Division of Parole Supervision; duties; certificate of community supervision; appeal
(1) Prior to the release from incarceration of an individual subject to lifetime community supervision pursuant to section 83-174.03, the Division of Parole Supervision shall:
Terms Used In Nebraska Statutes 83-1,103.02
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Sex offense: means any of the offenses listed in section Nebraska Statutes 83-174.01
(a) Notify the individual in writing that he or she is subject to community supervision upon completion of his or her criminal sentence;
(b) Inform the individual subject to community supervision of the process by which conditions of community supervision are determined and his or her right to submit relevant information to the division for consideration when establishing the conditions of supervision;
(c) Determine the individual’s risk of recidivism if released into the community, utilizing a validated risk assessment tool;
(d) After considering the information required in subdivision (e) of this subsection, determine the conditions of supervision which will most effectively minimize the risk of the individual committing another sex offense. The conditions shall be the least restrictive conditions available, in terms of the effect on the individual’s personal freedom, which minimize the risk of recidivism and are compatible with public safety; and
(e) In determining the conditions of supervision to be imposed, the division shall consider the following:
(i) A report prepared by the institutional caseworkers relating to the individual’s personality, social history, and adjustment to authority and including any recommendations which the staff of the facility may make;
(ii) All official reports of the individual’s prior criminal record, including reports and records of earlier probation and parole experiences;
(iii) The presentence investigation report;
(iv) The reports of any physical, mental, and psychiatric examinations of the individual;
(v) Any relevant information which may be submitted by the individual, his or her attorney, the victim of the crime, or other persons; and
(vi) Such other relevant information concerning the individual as may be reasonably available.
(2) Upon completion of the risk assessment and the determination of the conditions of community supervision and no later than thirty days prior to the completion of the individual’s criminal sentence, the division shall issue a certificate of community supervision to the individual containing the conditions of community supervision he or she will be required to comply with upon the completion of his or her criminal sentence. The Director of Supervision and Services shall include with the certificate written information on how to appeal the determination of the conditions of community supervision.