§ 6-1904. Post-release supervision.

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§ 6-1904. Post-release supervision.

   The purpose of § 6-1904 is to ensure that as a part of a determinate sentence, a post-release supervision plan is created to offer a smooth, meaningful, and comprehensive transition of probationers from a term of incarceration to community supervision. A post-release supervision plan shall be confidential.

   (A) In cases requiring a determinate sentence pursuant to Neb. Rev. Stat. § 29-2204.02, the court shall, at the time a sentence is pronounced, impose a term of incarceration and a term of post-release supervision pursuant to Neb. Rev. Stat. § 29-2204.02(1), and shall enter a separate post-release supervision order that includes conditions pursuant to Neb. Rev. Stat. § 29-2262. The court shall specify, on the record, that conditions of the order of post-release supervision may be modified or eliminated pursuant to Neb. Rev. Stat. § 29-2263(3).

   (B) The court shall receive a post-release supervision plan no later than 45 days prior to the individual’s anticipated date of release from the Department of Correctional Services. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. The plan shall be collaboratively prepared by the Office of Probation Administration and the Department of Correctional Services to provide information regarding performance and programming while incarcerated, an updated risk/needs assessment, along with a community needs and service assessment.

   (C) The court shall receive a post-release supervision plan no later than 30 days prior to the individual’s anticipated date of release from the local county jail. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. When an individual has been incarcerated in a local county jail, the post-release supervision plan shall be defined as the presentence investigation, or a subsequent risk and needs assessment, and other available information.

   (D) No later than 30 days prior to the individual’s anticipated date of release from the Department of Correctional Services, the court shall, if applicable, modify the post-release supervision order. No later than 15 days prior to the individual’s anticipated date of release from local county jail, the court shall, if applicable, modify the post-release supervision order. 

§ 6-1904 adopted December 16, 2015; § 6-1904(A) adopted June 29, 2016.