State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2262_08

29-2262.08. Juveniles; substance abuse ornoncriminal violations of probation; administrative sanctions; probation officer;duties; powers; county attorney; file action to revoke probation; when.(1) For purposesof this section:(a) Administrativesanction means additional probation requirements imposed upon a juvenile subjectto the supervision of a probation officer by his or her probation officer,with the full knowledge and consent of such juvenile and such juvenile's parentsor guardian, designed to hold such juvenile accountable for substance abuseor noncriminal violations of conditions of probation, including, but not limitedto:(i) Counseling or reprimand by his or her probation officer;(ii) Increasedsupervision contact requirements;(iii) Increased substance abuse testing;(iv) Referralfor substance abuse or mental health evaluation or other specialized assessment,counseling, or treatment;(v) Modification of a designated curfew for a period not to exceedthirty days;(vi) Community service for a specified number of hours pursuantto sections 29-2277 to 29-2279;(vii) Travel restrictions to stay withinhis or her residence or county of residence or employment unless otherwisepermitted by the supervising probation officer;(viii) Restructuring court-imposedfinancial obligations to mitigate their effect on the juvenile subject tothe supervision of a probation officer; and(ix) Implementationof educational or cognitive behavioral programming;(b) Noncriminal violationmeans activities or behaviors of a juvenile subject to the supervision ofa probation officer which create the opportunity for re-offending or whichdiminish the effectiveness of probation supervision resulting in a violationof an original condition of probation, including, but not limited to:(i) Movingtraffic violations;(ii) Failure to report to his or her probation officer;(iii) Leavingthe juvenile's residence, jurisdiction of the court, or the state withoutthe permission of the court or his or her probation officer;(iv) Failureto regularly attend school, vocational training, other training, counseling,treatment, programming, or employment;(v) Noncompliance with school rules;(vi) Continued violationsof home rules;(vii) Failure to notify his or her probation officer of change ofaddress, school, or employment;(viii) Frequenting places where controlledsubstances are illegally sold, used, distributed, or administered and associationwith persons engaged in illegal activity;(ix) Failure to perform community serviceas directed; and(x) Curfew or electronic monitoringviolations; and(c) Substance abuse violation means activities or behaviors of ajuvenile subject to the supervision of a probation officer associated withthe use of chemical substances or related treatment services resulting ina violation of an original condition of probation, including, but not limitedto:(i) Positive breath test for the consumption of alcohol;(ii) Positiveurinalysis for the illegal use of drugs;(iii) Failure to report for alcohol testingor drug testing;(iv) Failure to appear for or complete substance abuse or mentalhealth treatment evaluations or inpatient or outpatient treatment; and(v) Tampering with alcoholor drug testing.(2) Whenever a probation officer has reasonable cause to believethat a juvenile subject to the supervision of a probation officer has committedor is about to commit a substance abuse violation or noncriminal violationwhile on probation, but that such juvenile will not attempt to leave the jurisdictionand will not place lives or property in danger, the probation officer shalleither:(a) Impose one or more administrative sanctions with the approvalof his or her chief probation officer or such chief's designee. The decisionto impose administrative sanctions in lieu of formal revocation proceedingsrests with the probation officer and his or her chief probation officer orsuch chief's designee and shall be based upon such juvenile's risk level,the severity of the violation, and the juvenile's response to the violation.If administrative sanctions are to be imposed, such juvenile shall acknowledgein writing the nature of the violation and agree upon the administrative sanctionwith approval of such juvenile's parents or guardian. Such juvenile has theright to decline to acknowledge the violation, and if he or she declines toacknowledge the violation, the probation officer shall submit a written reportpursuant to subdivision (2)(b) of this section. A copy of the report shallbe submitted to the county attorney of the county where probation was imposed;or(b) Submit a written report to the adjudicating court with a copyto the county attorney of the county where probation was imposed, outliningthe nature of the probation violation and request that formal revocation proceedingsbe instituted against the juvenile subject to the supervision of a probationofficer.(3) Whenever a probation officer has reasonable cause to believethat a juvenile subject to the supervision of a probation officer has violatedor is about to violate a condition of probation other than a substance abuseviolation or noncriminal violation and that such juvenile will not attemptto leave the jurisdiction and will not place lives or property in danger,the probation officer shall submit a written report to the adjudicating court,with a copy to the county attorney of the county where probation was imposed,outlining the nature of the probation violation.(4) Whenever a probationofficer has reasonable cause to believe that a juvenile subject to the supervisionof a probation officer has violated or is about to violate a condition ofhis or her probation and that such juvenile will attempt to leave the jurisdictionor will place lives or property in danger, the probation officer shall takesuch juvenile into temporary custody without a warrant and may call on anypeace officer for assistance as provided in section 43-248.(5) Immediatelyafter detention pursuant to subsection (4) of this section, the probationofficer shall notify the county attorney of the county where probation wasimposed and submit a written report of the reason for such detention and ofany violation of probation. After prompt consideration of the written report,the county attorney shall:(a) Order the release of the juvenile fromconfinement subject to the supervision of a probation officer; or(b) File withthe adjudicating court a motion or information to revoke the probation.(6) Whenevera county attorney receives a report from a probation officer that a juvenilesubject to the supervision of a probation officer has violated a conditionof probation, the county attorney may file a motion or information to revokeprobation.(7) The probation administrator shall adopt and promulgate rulesand regulations to carry out this section. SourceLaws 2010, LB800, § 7.Effective Date: July 15, 2010