State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter83 > 83-184

83-184. Person committed;visit outside facility; work at paid employment; funds; disposal; withholding; use; violations;effect.(1) When the conduct, behavior, mentalattitude, and conditions indicate that a person committed to the departmentand the general society of the state will be benefited, and there is reasonto believe that the best interests of the people of the state and the personcommitted to the department will be served thereby, in that order, and uponthe recommendation of the board inthe case of each committed offender, the director mayauthorize such person, under prescribed conditions, to:(a) Visit a specifically designated place or places and returnto the same or another facility. An extension of limits may be granted topermit a visit to a dying relative, attendance at the funeral of a relative,the obtaining of medical services, the contacting of prospective employers,or for any other reason consistent with the public interest; or(b) Work at paid employment or participate in a training programin the community on a voluntary basis whenever:(i) Such paid employment will not result in the displacementof employed workers, or be applied in skills, crafts, or trades in which thereis a surplus of available gainful labor in the locality, or impair existingcontracts for services; and(ii) The rates of pay and other conditions of employment willnot be less than those paid or provided for work of similar nature in thelocality in which the work is to be performed.(2) The wages earned by a person authorized to work at paidemployment in the community under the provisions of this section shall becredited by the chief executive officer of the facility to such person's wagefund. The director shall authorizethe chief executive officer to withhold up to five percent of such person'snet wages. The funds withheld pursuant to this subsection shall be remittedto the State Treasurer for credit as provided in subsection (2) of section 33-157.(3) A person authorized to work at paid employment in thecommunity under the provisions of this section may be required to pay, andthe director isauthorized to collect, such costs incident to the person's confinement asthe director deemsappropriate and reasonable. Collections shall be deposited in the state treasuryas miscellaneous receipts.(4) The willful failure of a person to remain within the extendedlimits of his or her confinement or to return within the time prescribed toa facility designated by the director maybe deemed an escape from custody punishable as provided in section 28-912.(5) No person employed in the community under the provisionsof this section or otherwise released shall, while working in such employmentin the community or going to or from such employment or during the time ofsuch release, be deemed to be an agent, employee, or servant of the state. SourceLaws 1969, c. 817, § 15, p. 3081; Laws 1978, LB 748, § 46; Laws 1999, LB 106, § 1; Laws 2010, LB510, § 5.Effective Date: July 15, 2010AnnotationsThe word willful herein means only intentional and not accidental or involuntary. State v. Gascoigen, 191 Neb. 15, 213 N.W.2d 452 (1973).Failure to return to a hospital after a temporary leave constitutes an escape from custody. State v. Mayes, 190 Neb. 837, 212 N.W.2d 623 (1973).Sentence of one year for willful failure to return to Nebraska Penal and Correctional Complex from twenty-seven-hour furlough was not excessive. State v. Cox, 189 Neb. 821, 205 N.W.2d 546 (1973).The Director of Corrections may refuse to release a prisoner for work under this section notwithstanding a favorable recommendation by the Board of Parole. Housand v. Sigler, 186 Neb. 414, 183 N.W.2d 493 (1971).