§ 6-1901. Custodial sanctions.

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§ 6-1901. Custodial sanctions.

   The purpose of § 6-1901 is to provide the courts and probation with a procedure to ensure prompt court review of requests for the imposition of custodial sanctions.

   (A) When a probationer, who is eligible for a custodial sanction pursuant to Neb. Rev. Stat. § 29-2266.02(3)(b), admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, or when such probationer declines to acknowledge the violation of probation, the violation report and request for a custodial sanction shall be forwarded by the probation office to the court within 2 working days following the probation officer’s detection of the violation, for judicial approval or denial.

   (B) If the probationer admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, the court shall either: (1) if the court approves the custodial sanction, within 5 judicial days of receiving the violation report and request for a custodial sanction, issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction; or (2) schedule a hearing to determine whether the requested sanction is too severe or not severe enough.

   (C) If the probationer declines to acknowledge the violation or declines to agree to the custodial sanction, the probation officer shall immediately obtain a hearing date from the court.

   (D) The court shall make every effort to conduct a hearing within 10 judicial days following receipt of the notification of violation report and request for a custodial sanction. If a hearing cannot be held within this timeframe, one shall be scheduled at the earliest opportunity. If the probationer does not have counsel and requests counsel but cannot afford one, the court shall appoint counsel to represent the probationer prior to the hearing. The probation officer shall also provide notice of the hearing to the appropriate prosecuting attorney and to the probationer.

   (E) The court shall receive into evidence the affidavit in support of custodial sanction and any evidence provided by the probationer or counsel for the State or counsel for the defendant. An assigned probation officer shall appear. The hearing may be held, and attorneys, the probation officer, and the probationer may appear, by way of video or other technology when available. 

   (F) After the hearing, if the court determines that the probationer has violated probation and that a custodial sanction should be imposed, the court shall issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction. Otherwise, the court shall issue an order denying the request for custodial sanction.

§ 6-1901 adopted December 16, 2015; § 6-1901 amended June 29, 2016.