State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter83 > 83-183

83-183. Persons committed;employment; wages; use; rules and regulations.(1)To establish good habits of work and responsibility, to foster vocationaltraining, and to reduce the cost of operating the facilities, persons committedto the department shall be employed, eight hours per day, so far as possiblein constructive and diversified activities in the production of goods, services,and foodstuffs to maintain the facilities, for state use, and for other purposesauthorized by law. To accomplish these purposes, the director may establishand maintain industries and farms in appropriate facilities and may enterinto arrangements with any other board or agency of the state, any naturalresources district, or any other political subdivision, except that any arrangements entered into with schooldistricts, educational service units, community colleges, state colleges,or universities shall includesupervision provided by the department, for the employment ofpersons committed to the department for state or governmental purposes. Nothingin this subsection shall be construed to effect a reduction in the numberof work release positions.(2) The director shall make rules and regulations governingthe hours, conditions of labor, and the rates of compensation of persons committedto the department. In determining the rates of compensation, such regulationsmay take into consideration the quantity and quality of the work performedby such person, whether or not such work was performed during regular workinghours, the skill required for its performance, and the economic value of similarwork outside of correctional facilities.(3) Except as provided in section 83-183.01, wage paymentsto a person committed to the department shall be set aside by the chief executiveofficer of the facility in a separate fund. The fund shall enable such personcommitted to the department to contribute to the support of his or her dependents,if any, to make necessary purchases from the commissary, and to set asidesums to be paid to him or her at the time of his or her release from the facility.(4) The director may authorize the chief executive officerto invest the earnings of a person committed to the department. Any accruedinterest thereon shall be credited to such person's fund.(5) The director may authorize the chief executive officerto reimburse the state from the wage fund of a person committed to the departmentfor:(a) The actual value of property belonging to the state orany other person intentionally or recklessly destroyed by such person committedto the department during his or her commitment;(b) The actual value of the damage or loss incurred as a resultof unauthorized use of property belonging to the state or any other personby such person committed to the department;(c) The actual cost to the state for injuries or other damagescaused by intentional acts of such person committed to the department; and(d) The reasonable costs incurred in returning such personcommitted to the department to the facility to which he or she is committedin the event of his or her escape.(6) No person committed to the department shall be requiredto engage in excessive labor, and no such person shall be required to performany work for which he or she is declared unfit by a physician designated bythe director. No person who performs labor or work pursuant to this sectionshall be required to wear manacles, shackles, or other restraints.(7) The director may authorize that a portion of the earningsof a person committed to the department be retained by that person for personaluse. SourceLaws 1969, c. 817, § 14, p. 3080; Laws 1980, LB 319, § 10; Laws 1993, LB 31, § 32; Laws 1994, LB 889, § 1; Laws 1999, LB 865, § 7; Laws 2002, LB 112, § 1; Laws 2009, LB63, § 42.AnnotationsReimbursement for expense of returning escapee is not a proper matter to be raised in appeal from criminal conviction and sentence. State v. Mayes, 190 Neb. 837, 212 N.W.2d 623 (1973).Evidence held insufficient to show denial of property rights afforded under sections 83-182 and 83-183. Journey v. Vitek, 685 F.2d 239 (8th Cir. 1982).The reduction of sentence for good behavior and faithful performance of duties is a statutory right and cannot be eliminated or withheld for failure to perform work which a prisoner is unable to do because of physical infirmity not caused by his misconduct, nor as punishment except for flagrant or serious misconduct. Sawyer v. Sigler, 320 F.Supp. 690 (D. Neb. 1970).