State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2412

29-2412. Fine and costs;nonpayment; commutation upon confinement; credit; amount.(1) Wheneverit is made satisfactorily to appear to the district court, or to the countyjudge of the proper county, after all legal means have been exhausted, thatany person who is subject to being or is confined in jail for any fine orcosts of prosecution for any criminal offense has no estate with which topay such fine or costs, it shall be the duty of such court or judge, on hisor her own motion or upon the motion of the person so confined, to dischargesuch person from further imprisonment for such fine or costs, which dischargeshall operate as a complete release of such fine or costs.(2) Nothing in this sectionshall authorize any person to be discharged from imprisonment before the expirationof the time for which he or she may be sentenced to be imprisoned, as partof his or her punishment, or when such person shall default on a payment duepursuant to an installment agreement arranged by the court.(3) Any person held in custodyfor nonpayment of a fine or costs or for default on an installment shall beentitled to a credit on the fine, costs, or installment of ninety dollarsfor each day so held. In no case shall a person held in custody for nonpaymentof a fine or costs be held in such custody for more days than the maximumnumber to which he or she could have been sentenced if the penalty set bylaw includes the possibility of confinement. SourceG.S.1873, c. 58, § 528, p. 838; R.S.1913, § 9199; C.S.1922, § 10206; C.S.1929, § 29-2412; R.S.1943, § 29-2412; Laws 1959, c. 122, § 2, p. 455; Laws 1979, LB 111, § 2; Laws 1986, LB 528, § 5; Laws 1988, LB 370, § 7; Laws 2010, LB712, § 17.Operative Date: July 15, 2010AnnotationsAn indigent may not be required to satisfy a fine by imprisonment. The court cannot require that a fine be satisfied by applying jail time served without giving defendant an opportunity to pay the fine or show indigency. State v. Holloway, 212 Neb. 426, 322 N.W.2d 818 (1982).Sentence by county court that defendant was "fined sixty days in county jail" was inaccurate and was reversed with directions to resentence. Sinner v. State, 128 Neb. 759, 260 N.W. 275 (1935).Issuance of execution to collect fine is not prerequisite to imprisonment until fine is paid. State ex rel. Marasco v. Mundell, 127 Neb. 673, 256 N.W. 519 (1934).Prisoner, confined for nonpayment of costs, can be released only after imprisonment of at least one day for each three dollars. In re Newton, 39 Neb. 757, 58 N.W. 436 (1894); In re Dobson, 37 Neb. 449, 55 N.W. 1071 (1893).