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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) A qualified offender serving a sentence imposed prior to September 2, 2023, who has not yet received a review from the board shall, at the review, enter into a streamlined parole contract under this section.
(2) A qualified offender serving a sentence imposed on or after September 2, 2023, shall, at the qualified offender's first review from the board, enter into a streamlined parole contract under this section.
(3) Under a streamlined parole contract, a qualified offender shall be released on parole on the qualified offender's parole eligibility date, without a hearing before the board, if:
(a) In the twenty-four-month period prior to the eligibility date, the qualified offender has not committed a Class I offense under the department's disciplinary code; and
(b) The qualified offender has completed all diagnostic evaluations provided by the department and any programming or treatment required by the department for substance abuse, sex offenses, and violence reduction.
(4) If a qualified offender does not meet the requirements of subsection (3) of this section, the board shall consider the offender's parole eligibility as provided for nonqualified offenders under section 83-1,111.
(5) For purposes of this section:
(a) Qualified offender means a committed offender who is serving an indeterminate sentence under which the committed offender may become eligible for parole and who is not serving a sentence for a violent felony;
(b) Serious bodily injury has the same meaning as in section 28-109;
(c) Sexual contact and sexual penetration have the same meanings as in section 28-318; and
(d) Violent felony means an offense which is a Class IIIA felony or higher which:
(i) Includes, as an element of the offense:
(A) Sexual contact or sexual penetration;
(B) The threat to inflict serious bodily injury or death on another person, the infliction of serious bodily injury on another person, or causing the death of another person; or
(C) The use of physical force against another person; or
(ii) Consists of attempt, conspiracy, being an accessory to, or aiding and abetting a felony with any of the offenses described in subdivision (5)(d)(i) of this section as the underlying offense.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 83. State Institutions § 83-1,111.01. Qualified offender; streamlined parole contract; effect on release - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-83-state-institutions/ne-rev-st-sect-83-1-111-01/
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