Nebraska Statutes 83-1,125.01. Person under jurisdiction of Board of Parole; file; contents; confidential; access by Public Counsel; information accessible through criminal justice information system
(1) The Board of Parole and the Division of Parole Supervision may maintain an individual file for each person who is under the jurisdiction of the Board of Parole. Such file may be maintained electronically and shall include, when available and appropriate, the following information on such person:
Terms Used In Nebraska Statutes 83-1,125.01
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- 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
- 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
(a) Admission summary;
(b) Presentence investigation report;
(c) Classification reports and recommendations;
(d) Official records of conviction and commitment along with any earlier criminal records;
(e) Progress reports and admission-orientation reports;
(f) Reports of any disciplinary infractions and their disposition;
(g) Risk and needs assessments;
(h) Parole plan and parole placement and investigation worksheets;
(i) Decision guideline scores;
(j) Parole case plan;
(k) Parole progress reports and contact notes;
(l) Arrest and violation reports, including disposition;
(m) Parole proceedings orders and notices;
(n) Other documents related to parole supervision;
(o) Correspondence; and
(p) Other pertinent data concerning his or her background, conduct, associations, and family relationships.
(2) Any decision concerning release on or revocation of parole or imposition of sanctions shall be made only after the individual file has been reviewed. The contents of the individual file shall be confidential unless disclosed in connection with a public hearing and shall not be subject to public inspection except by court order for good cause shown. The contents of the file shall not be accessible to any person under the jurisdiction of the Board of Parole. A person under the jurisdiction of the board may obtain access to his or her medical records by request to the provider pursuant to sections 71-8401 to 71-8407 notwithstanding the fact that such medical records may be a part of his or her parole file. The board and the Division of Parole Supervision have the authority to withhold decision guideline scores, risk and needs assessment scores, and mental health and psychological records of a person under the jurisdiction of the board when appropriate.
(3) Nothing in this section limits in any manner the authority of the Public Counsel to inspect and examine the records and documents of the board and the Division of Parole Supervision pursuant to sections 81-8,240 to 81-8,254, except that the Public Counsel’s access to the medical or mental health records of a person under the jurisdiction of the board shall be subject to his or her consent. The office of Public Counsel shall not disclose the medical or mental health records of a person under the jurisdiction of the board to anyone else, including any other person under the jurisdiction of the board, except as authorized by law.
(4) For any person under the jurisdiction of the Board of Parole, the board shall provide such person’s (a) name, (b) parole officer, and (c) conditions of parole to the Nebraska Commission on Law Enforcement and Criminal Justice which shall provide access to such information to law enforcement agencies through the state‘s criminal justice information system.