§ 6-1903. Early discharge from probation.

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§ 6-1903. Early discharge from probation.

   The purpose of § 6-1903 is to ensure the length of supervision is consistent with the risk and need of individuals and fully incorporated into probation supervision practices. The following is intended to provide structure for early discharge where appropriate, for low to moderate risk to reoffend individuals, thereby maximizing probation resources.

   (A) Pursuant to Neb. Rev. Stat. § 29-2263(1) and (2), the probation officer may submit an application for early discharge at any time. The probation officer shall submit an application for early discharge if the following have been met:

   (1) Three-quarters of the imposed sentence is served;

   (2) No major violations during the preceding 6 months;

   (3) The individual is in compliance with all other conditions, including, but not limited to, being current on fees owed and having paid all restitution, court costs, and fines in full; and

   (4) The assessed risk level indicates the individual is at a reduced risk of recidivism.

   (B) Pursuant to Neb. Rev. Stat. § 29-2263(1) and (2), the court may consider early discharge at any time. The court shall consider early discharge of eligible probationers, upon application, who have served at least three-quarters of the period of probation and after review of a discharge summary received from the probation office. The discharge summary shall provide information regarding performance while under supervision, demonstrated behavioral change, and reduction in risk including, but not limited to, no major violations during the preceding 6 months and compliance with all conditions, including fees, restitution, court costs, and fines.

   (C) Upon approval by the court, the order shall be filed with the Court Clerk and notice given to the probationer and counsel of record. Victims shall be notified if required by law. Upon denial by the court, the court shall communicate to the probation officer who shall notify the probationer. 

§ 6-1903 adopted December 16, 2015.