State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2537

29-2537. Convictedperson; appears to be incompetent;notice to judge; suspend sentence; commission appointed; findings; suspensionof execution; when; annualreview.(1) If any convicted person under sentenceof death shall appear to be incompetent,the Directorof Correctional Services shall forthwith give notice thereof toa judge of the district court of the judicial district in which the convicted person was tried and sentenced andsuch judge shall at once make such investigation as shall satisfy him or heras to whether a commission ought to be named to examine such convictedperson.(2) If the court determines thatthere is not sufficient reason for the appointment of a commission, the court shall so find and refuse to suspendthe execution of the convicted person. If the court determines that a commissionought to be appointed to examine such convictedperson, the court shall make a finding to that effect and causeit to be entered upon the records of the district court in the county in whichsuch convicted person was sentenced,and, if necessary, the court shall suspend the executionand appoint three licensed mental health professionalsemployed by the state as a commission to examine such convicted person. The commission shall examinethe convicted person to determinewhether he or she is competentor incompetentand shall report its findings in writing to the court withinten days after its appointment. If two members ofthe commission findthe convicted person incompetent,the court shall suspend the convicted person's execution until furtherorder. Thereafter,the court shall appoint a commission annually to review the convicted person'scompetency. The results of such review shall be provided to the court. Ifthe convicted person is subsequently found to be competent by two membersof the commission, the court shall certify that finding to the Supreme Courtwhich shall then establish a date for the enforcement of the convicted person'ssentence.(3) The standardfor the determination of competency under this section shall be the same asthe standard for determining competency to stand trial. SourceLaws 1973, LB 268, § 22; Laws 1986, LB 1177, § 8; Laws 2009, LB36, § 1.