47-1001 – Act, how cited.
47-1001. Act, how cited. Sections 47-1001 to 47-1007 shall be known and may be cited as the Healthy Pregnancies for Incarcerated Women Act. Source Laws 2019, LB690, § 1.
47-1002 – Legislative findings and declarations.
47-1002. Legislative findings and declarations. The Legislature finds and declares: (1) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy; (2) The majority of female prisoners and detainees in Nebraska are nonviolent offenders; (3) Restraining prisoners and detainees increases their potential for physical harm from an accidental trip or […]
47-1003 – Terms, defined.
47-1003. Terms, defined. For the purposes of the Healthy Pregnancies for Incarcerated Women Act: (1) Administrator means the Director of Correctional Services, the sheriff or other person charged with administration of a jail, or any other official responsible for the administration of a detention facility; (2) Detainee includes any adult or juvenile female detained under […]
47-1004 – Detention facility; use of restraints prohibited; exception; detention facility employee; presence in room during labor or childbirth; administrator of detention facility; duties.
47-1004. Detention facility; use of restraints prohibited; exception; detention facility employee; presence in room during labor or childbirth; administrator of detention facility; duties. (1) A detention facility shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, delivery, or postpartum recovery or during transport to a medical facility or […]
47-1005 – Civil action authorized.
47-1005. Civil action authorized. Any prisoner or detainee restrained in violation of the Healthy Pregnancies for Incarcerated Women Act may file a civil action which shall be pursued as a tort claim under the Political Subdivisions Tort Claims Act or the State Tort Claims Act. Source Laws 2019, LB690, § 5. Cross References Political Subdivisions […]
47-1006 – Rules and regulations.
47-1006. Rules and regulations. (1) On or before October 1, 2019, each detention facility in this state shall adopt and promulgate rules and regulations to carry out the Healthy Pregnancies for Incarcerated Women Act. A detention facility may also adopt and promulgate such rules and regulations developed by the Jail Standards Board or the Nebraska […]
47-1007 – Report; contents.
47-1007. Report; contents. On or before June 1, 2020, and each June 1 thereafter, each administrator of a detention facility shall submit a report describing any use of restraints on a pregnant prisoner or detainee in the preceding calendar year. The Director of Correctional Services shall submit such report to the Inspector General of the […]
47-1008 – Detention facility; supply feminine hygiene product.
47-1008. Detention facility; supply feminine hygiene product. (1) For purposes of this section: (a) Detention facility means any: (i) Facility operated by the Department of Correctional Services; (ii) City or county jail; (iii) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or (iv) Any other entity or […]
47-101 – County jails; regulation; duties and powers of Jail Standards Board.
47-101. County jails; regulation; duties and powers of Jail Standards Board. The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe, in writing, rules for the regulation and government of the jails upon the following subjects: (1) The cleanliness of the jail and prisoners; (2) […]
47-101.01 – Telephone services for inmates; use of funds.
47-101.01. Telephone services for inmates; use of funds. (1) Each county jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of this section. (2) Under […]
47-101.02 – Inmate communications; Jail Standards Board; duties.
47-101.02. Inmate communications; Jail Standards Board; duties. The Jail Standards Board shall ensure that county jails are providing inmates with means to communicate by telephone or videoconferencing with inmates’ families, loved ones, and counsel. Source Laws 2018, LB776, § 3.
47-102 – Rules; copies; distribution; filing.
47-102. Rules; copies; distribution; filing. The Jail Standards Board shall, as soon as may be, cause a copy of the rules to be delivered to the county boards. It shall be the duty of each county board forthwith to cause the same to be printed, to furnish the sheriff of its county or such other […]
47-103 – Rules; copies; posting in jails.
47-103. Rules; copies; posting in jails. The sheriff or such other person as may be charged with the administrative direction of the jail shall, immediately on the receipt of the rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of the jail. Source R.S.1866, […]
47-104 – Rules; revision; copies; distribution; filing.
47-104. Rules; revision; copies; distribution; filing. The Jail Standards Board may, as it may deem necessary, amend the rules, and such amended rules shall be printed and disposed of by the county board and the sheriff or such other person as may be charged with the administrative direction of the jail in the same manner […]
47-105 – Rules; enforcement; sheriff; powers and duties.
47-105. Rules; enforcement; sheriff; powers and duties. The sheriff, or, in case of his or her death, removal, or disability, the person by law appointed to such office, shall have charge of the county jail of his or her proper county, and of all persons by law confined therein, and such sheriff or other person […]
47-105.01 – Rules; conformance by sheriff or jail administrator.
47-105.01. Rules; conformance by sheriff or jail administrator. The sheriff or such other person as may be charged with the administration of the jail shall conform to the rules and directions as prescribed by the Jail Standards Board pursuant to sections 47-101 and 47-104 which may be made and communicated to him or her by […]
47-106 – Jail register; required entries.
47-106. Jail register; required entries. The sheriff or such other person as may be charged with the administrative direction of the jail shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which he or she shall enter (1) the name of each prisoner, with the […]
47-107 – Jail reports; filing.
47-107. Jail reports; filing. The sheriff or such other person as may be charged with the administrative direction of the jail shall, on or before November 1 in each year, make out in writing from the jail register a jail report, one copy of which report he or she shall forthwith file in the office […]
47-108 – Grand jury; instructions with respect to jails and discipline; duty of district court.
47-108. Grand jury; instructions with respect to jails and discipline; duty of district court. It shall be the duty of the district court in its charge to the grand jury to inform the jury of the provisions of sections 47-101 to 47-116 and all rules, plans, or regulations established by the Jail Standards Board relating […]
47-109 – Jails; inspection; duty of grand juries and county boards; reports.
47-109. Jails; inspection; duty of grand juries and county boards; reports. The grand jury of each county in this state may, while in attendance, visit the jail, examine its state and condition, and examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations. If the grand jury visits a jail, […]