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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1040
Introduced by Kauth, 31.
Read first time January 14, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil commitments; to amend sections1
71-908, 71-921, 71-923, 71-925, 71-930, 71-932, and 71-949, Reissue2
Revised Statutes of Nebraska, and sections 71-901, 71-903, 71-922,3
and 81-1850, Revised Statutes Supplement, 2025; to change4
requirements for commitment as a mentally ill and dangerous person5
under the Nebraska Mental Health Commitment Act; to define and6
redefine terms; to allow interested parties to file petitions under7
the act; to change provisions relating to inpatient commitment; to8
provide a penalty for a petition filed in bad faith; to provide9
duties for mental health boards and county attorneys; to harmonize10
provisions; and to repeal the original sections.11
Be it enacted by the people of the State of Nebraska,12
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Section 1. Section 71-901, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-901 Sections 71-901 to 71-964 and sections 3 and 5 of this act3
shall be known and may be cited as the Nebraska Mental Health Commitment4
Act. 5
Sec. 2. Section 71-903, Revised Statutes Supplement, 2025, is6
amended to read: 7
71-903 For purposes of the Nebraska Mental Health Commitment Act,8
unless the context otherwise requires, the definitions found in sections9
71-904 to 71-914.03 and sections 3 and 5 of this act shall apply.10
Sec. 3. Interested party means: 11
(1) A spouse, parent, sibling, or adult child of an individual;12
(2) A close adult friend of an individual; 13
(3) A guardian or conservator of an individual; or14
(4) Another person acting in the best interests of the individual.15
Sec. 4. Section 71-908, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
71-908 Mentally ill and dangerous person means a person who is18
mentally ill or substance dependent and because of such mental illness or19
substance dependence presents: 20
(1) A substantial risk of serious harm to another person or persons21
within the near future as manifested by evidence of recent violent acts22
or threats of violence or by placing others in reasonable fear of such23
harm; or 24
(2) A substantial risk of serious harm to himself or herself within25
the near future as manifested by: 26
(a) Evidence evidence of recent attempts at, or threats of, suicide27
or serious bodily harm; or 28
(b) Evidence evidence of inability to provide for his or her basic29
human needs, including food, clothing, shelter, essential medical care,30
or personal safety; or . 31
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(c) Evidence of recent deterioration in physical or mental well1
being; or 2
(3) A substantial and immediate risk of causing significant damage3
to property of another as evidenced by recent acts of property damage.4
Sec. 5. Except as otherwise provided in section 71-963, petitioner5
means the individual who filed a petition under section 71-921, and may6
include the county attorney or an interested party.7
Sec. 6. Section 71-921, Reissue Revised Statutes of Nebraska, is8
amended to read: 9
71-921 (1)(a) (1) Any person who believes that another person is10
mentally ill and dangerous may communicate such belief to the county11
attorney. The filing of a certificate by a law enforcement officer under12
section 71-919 shall be sufficient to communicate such belief. If the13
county attorney concurs that such person is mentally ill and dangerous14
and that neither voluntary hospitalization nor other treatment15
alternatives less restrictive of the subject's liberty than inpatient or16
outpatient treatment ordered by a mental health board is available or17
would suffice to prevent the harm described in section 71-908, he or she18
shall file a petition as provided in this section.19
(b) An interested party may file a petition as provided in this20
section if he or she believes that another person is mentally ill and21
dangerous and that neither voluntary hospitalization nor other treatment22
alternatives less restrictive of the person's liberty than inpatient or23
outpatient treatment ordered by a mental health board is available or24
would suffice to prevent the harm described in section 71-908.25
(2) The petition shall be filed with the clerk of the district court26
in any county within: (a) The judicial district in which the subject is27
located; (b) the judicial district in which the alleged behavior of the28
subject occurred which constitutes the basis for the petition; or (c)29
another judicial district in the State of Nebraska if authorized, upon30
good cause shown, by a district judge of the judicial district in which31
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the subject is located. In such event, all proceedings before the mental1
health board shall be conducted by the mental health board serving such2
other county, and all costs relating to such proceedings shall be paid by3
the county of residence of the subject. In the order transferring such4
cause to another county, the judge shall include such directions as are5
reasonably necessary to protect the rights of the subject.6
(3) The petition shall be in writing and shall include the following7
information: 8
(a) The subject's name and address, if known; 9
(b) The name and address of the subject's spouse, legal counsel,10
guardian or conservator, and next-of-kin, if known;11
(c) The name and address of anyone providing psychiatric or other12
care or treatment to the subject, if known; 13
(d) A statement that the petitioner county attorney has probable14
cause to believe that the subject of the petition is mentally ill and15
dangerous; 16
(e) A statement that the beliefs of the petitioner county attorney17
are based on specific behavior, acts, attempts, or threats which shall be18
specified and described in detail in the petition; and19
(f) For a petition filed by an interested party, the nature of the20
interested party's relationship with the subject of the petition; and21
(g) For a petition filed by an interested party described in22
subdivision (4) of section 3 of this act, specific facts supporting the23
claim that the petitioner is acting in the subject's best interests;24
(h) (f) The name and address of any other person who may have25
knowledge of the subject's mental illness or substance dependence and who26
may be called as a witness at a mental health board hearing with respect27
to the subject, if known. 28
(4) A petition shall contain a declaration by the petitioner, under29
penalty of perjury, that the contents of the petition are accurate to the30
best of the petitioner's knowledge and belief. 31
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Sec. 7. Section 71-922, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-922 (1) Mental health board proceedings shall be deemed to have3
commenced upon the earlier of (a) the filing of a petition under section4
71-921 or (b) notification by the county attorney to the law enforcement5
officer who took the subject into emergency protective custody under6
section 71-920 or the administrator of the facility or jail having charge7
of the subject of his or her intention to file such petition. The county8
attorney shall file such petition as soon as reasonably practicable after9
such notification. 10
(2) A petition filed by the county attorney under section 71-921 may11
contain a request for the emergency protective custody and evaluation of12
the subject prior to commencement of a mental health board hearing13
pursuant to such petition with respect to the subject. Upon receipt of14
such request and upon a finding of probable cause to believe that the15
subject is mentally ill and dangerous as alleged in the petition, the16
court or chairperson of the mental health board may issue a warrant17
directing the sheriff to take custody of the subject. If the subject is18
already in emergency protective custody under a certificate filed under19
section 71-919, a copy of such certificate shall be filed with the20
petition. The subject in such custody shall be held in the nearest21
appropriate and available medical facility and shall not be placed in a22
jail or other correctional facility except as required or authorized by23
subsection (2) of section 71-919. Each county shall make arrangements24
with appropriate medical facilities inside or outside the county for such25
purpose and shall pay the cost of the emergency protective custody of26
persons from such county in such facilities. 27
(3) The petition and all subsequent pleadings and filings in the28
case shall be entitled In the Interest of ........, Alleged to be29
Mentally Ill and Dangerous. 30
(4) The county attorney or interested party may dismiss his or her31
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the petition at any time prior to the commencement of the hearing of the1
mental health board under section 71-924, and upon such motion by the2
county attorney or interested party, the mental health board shall3
dismiss such the petition. 4
(5)(a) It shall be unlawful for any person to file a petition under5
section 71-921 as an interested party if done in bad faith or for an6
improper purpose. A violation of this subsection is a Class IV felony.7
(b) If the mental health board determines that an interested party8
has filed a petition in violation of this subsection, the board shall9
refer the matter to the county attorney for prosecution.10
Sec. 8. Section 71-923, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
71-923 (1) Upon the filing of the petition under section 71-921, the13
clerk of the district court shall cause a summons fixing the time and14
place for a hearing to be prepared and issued to the sheriff for service.15
The sheriff shall personally serve upon the subject and the subject's16
legal guardian or custodian, if any, the summons and copies of the17
petition, the list of rights provided by sections 71-943 to 71-960, and a18
list of the names, addresses, and telephone numbers of mental health19
professionals in that immediate vicinity by whom the subject may be20
evaluated prior to his or her hearing. The summons shall fix a time for21
the hearing within seven calendar days after the subject has been taken22
into emergency protective custody. The failure of a subject to appear as23
required under this section shall constitute grounds for the issuance by24
the mental health board of a warrant for his or her custody.25
(2) When a petition is filed by an interested party, the clerk of26
the district court shall cause a notice of such filing to be provided to27
the county attorney. 28
Sec. 9. Section 71-925, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
71-925 (1) The petitioner state has the burden to prove by clear and31
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convincing evidence that (a) the subject is mentally ill and dangerous1
and (b) neither voluntary hospitalization nor other treatment2
alternatives less restrictive of the subject's liberty than inpatient or3
outpatient treatment ordered by the mental health board are available or4
would suffice to prevent the harm described in section 71-908.5
(2) If the mental health board finds that the subject is not6
mentally ill and dangerous, the board shall dismiss the petition and7
order the unconditional discharge of the subject. 8
(3) If the mental health board finds that the subject is mentally9
ill and dangerous but that voluntary hospitalization or other treatment10
alternatives less restrictive of the subject's liberty than treatment11
ordered by the mental health board are available and would suffice to12
prevent the harm described in section 71-908, the board shall (a) dismiss13
the petition and order the unconditional discharge of the subject or (b)14
suspend further proceedings for a period of up to ninety days to permit15
the subject to obtain voluntary treatment. At any time during such16
ninety-day period, the petitioner county attorney may apply to the board17
for reinstatement of proceedings with respect to the subject, and after18
notice to the subject, the subject's counsel, and the subject's legal19
guardian or conservator, if any, the board shall hear the application. If20
no such application is filed or pending at the conclusion of such ninety-21
day period, the board shall dismiss the petition and order the22
unconditional discharge of the subject. 23
(4) If the subject admits the allegations of the petition or the24
mental health board finds that the subject is mentally ill and dangerous25
and that neither voluntary hospitalization nor other treatment26
alternatives less restrictive of the subject's liberty than inpatient or27
outpatient treatment ordered by the board are available or would suffice28
to prevent the harm described in section 71-908, the board shall, within29
forty-eight hours, (a) order the subject to receive outpatient treatment30
or (b) order the subject to receive inpatient treatment. If the subject31
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is ordered by the board to receive inpatient treatment, the order shall1
commit the subject to the custody of the Department of Health and Human2
Services for such treatment. 3
(5) A subject who (a) is ordered by the mental health board to4
receive inpatient treatment and (b) has not yet been admitted for such5
treatment pursuant to such order may petition for a rehearing by the6
mental health board based on improvement in the subject's condition such7
that inpatient treatment ordered by the board would no longer be8
necessary or appropriate. 9
(6) A treatment order by the mental health board under this section10
shall represent the appropriate available treatment alternative that11
imposes the least possible restraint upon the liberty of the subject , in12
accordance with any recommendation of a treatment provider. The board13
shall consider all treatment alternatives, based on any recommendation of14
a treatment provider, including any treatment program or conditions15
suggested by the subject, the subject's counsel, or other interested16
person. Inpatient hospitalization or custody shall only be considered as17
a treatment alternative of last resort. The petitioner county attorney18
and the subject may jointly offer a proposed treatment order for adoption19
by the board. The board may enter the proposed order without a full20
hearing. 21
(7) The mental health board may request the assistance of the22
Department of Health and Human Services or any other person or public or23
private entity to advise the board prior to the entry of a treatment24
order pursuant to this section and may require the subject to submit to25
reasonable psychiatric and psychological evaluation to assist the board26
in preparing such order. Any mental health professional conducting such27
evaluation at the request of the mental health board shall be compensated28
by the county or counties served by such board at a rate determined by29
the district judge and reimbursed for mileage at the rate provided in30
section 81-1176. 31
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Sec. 10. Section 71-930, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
71-930 The subject of a petition or the petitioner county attorney3
may appeal a treatment order of the mental health board under section4
71-925 to the district court. Such appeals shall be de novo on the5
record. A final order of the district court may be appealed to the Court6
of Appeals in accordance with the procedure in criminal cases. The final7
judgment of the court shall be certified to and become a part of the8
records of the mental health board with respect to the subject.9
Sec. 11. Section 71-932, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
71-932 The person or entity designated by the mental health board12
under section 71-931 to prepare and oversee the subject's individualized13
treatment plan shall submit periodic reports to the mental health board14
of the subject's progress under such plan and any modifications to the15
plan. The mental health board may distribute copies of such reports to16
other interested persons parties as permitted by law. With respect to a17
subject ordered by the mental health board to receive inpatient18
treatment, such initial report shall be filed with the mental health19
board for review and inclusion in the subject's file and served upon the20
county attorney, the subject, the subject's counsel, and the subject's21
legal guardian or conservator, if any, no later than ten days after22
submission of the subject's individualized treatment plan. With respect23
to each subject committed by the mental health board, such reports shall24
be so filed and served no less frequently than every ninety days for a25
period of one year following submission of the subject's individualized26
treatment plan and every six months thereafter. 27
Sec. 12. Section 71-949, Reissue Revised Statutes of Nebraska, is28
amended to read: 29
71-949 (1) Counsel for a subject, upon request made to the county30
attorney or interested party who has filed a petition at any time after31
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the subject has been taken into emergency protective custody under the1
Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act,2
or after the filing of a petition under section 71-921 or 71-1205,3
whichever occurs first, shall have the right to be provided with:4
(a) The (1) the names of all witnesses expected to testify in5
support of the petition; , 6
(b) Knowledge (2) knowledge of the location and access at reasonable7
times for review or copying of all written documents including reports of8
peace officers, law enforcement agencies, and mental health9
professionals; , 10
(c) Access (3) access to all other tangible objects relating to the11
petition in the possession of the county attorney or interested party or12
to which the county attorney or interested party has access; , and13
(d) Written (4) written records of any treatment facility or mental14
health professional which or who has at any time treated the subject for15
mental illness, substance dependence, or a personality disorder, which16
records are relevant to the issues of whether the subject is mentally ill17
and dangerous or a dangerous sex offender and, if so, what treatment18
disposition should be ordered by the mental health board.19
(2) The board may order further discovery at its discretion.20
(3)(a) The county attorney shall have a reciprocal right to discover21
items and information comparable to those first discovered by the22
subject. 23
(b) The county court and district court shall have the power to rule24
on objections to discovery in matters which are not self-activating.25
(4) The right of appeal from denial of discovery shall be at the26
time of the conclusion of the mental health board hearing.27
Sec. 13. Section 81-1850, Revised Statutes Supplement, 2025, is28
amended to read: 29
81-1850 (1) For purposes of this section: 30
(a) Covered offense means: 31
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(i) Murder in the first degree, section 28-303;1
(ii) Murder in the second degree, section 28-304;2
(iii) Manslaughter, section 28-305; 3
(iv) Motor vehicle homicide, section 28-306; 4
(v) Assault in the first degree, section 28-308;5
(vi) Assault in the second degree, section 28-309;6
(vii) Assault by strangulation or suffocation, section 28-310.01;7
(viii) Terroristic threats, section 28-311.01;8
(ix) Stalking, section 28-311.03; 9
(x) Kidnapping, section 28-313; 10
(xi) False imprisonment in the first degree, section 28-314;11
(xii) Sexual abuse by a school employee, section 28-316.01;12
(xiii) Sexual assault in the first degree, section 28-319;13
(xiv) Sexual assault of a child in the first degree, section14
28-319.01; 15
(xv) Sexual assault in the second degree, section 28-320;16
(xvi) Sexual assault of a child in the second or third degree,17
section 28-320.01; 18
(xvii) Child enticement by means of an electronic communication19
device, section 28-320.02; 20
(xviii) Sexual abuse of a protected individual, section 28-322.04;21
(xix) Domestic assault in the first or second degree, section22
28-323; 23
(xx) Sex trafficking, sex trafficking of a minor, labor trafficking,24
or labor trafficking of a minor, section 28-831; or25
(xxi) An attempt, solicitation, or conspiracy to commit an offense26
listed in subdivision (1)(a) of this section; and 27
(b) Victim has the same meaning as in section 29-119.28
(2)(a) Except as provided in subdivision (2)(b) of this section,29
when a person is convicted of a felony, the county attorney shall forward30
the name and address of any victim of such convicted person to the Board31
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of Parole, the Department of Correctional Services, the county1
corrections agency, the Department of Health and Human Services, and the2
Board of Pardons, as applicable. 3
(b) A victim may waive the right to notification under this section4
by notifying the county attorney, in which case the county attorney is5
not required to comply with subdivision (2)(a) of this section.6
(c) The Board of Parole, the Department of Correctional Services,7
the county corrections agency, the Department of Health and Human8
Services, and the Board of Pardons shall include the victim's name in the9
file of the convicted person, but the name shall not be part of the10
public record of any parole or pardons hearings of the convicted person.11
(d) Any victim, including a victim who has waived his or her right12
to notification, may request the notification prescribed in this section,13
as applicable, by sending a written request to the Board of Parole, the14
Department of Correctional Services, the county corrections agency, the15
Department of Health and Human Services, or the Board of Pardons any time16
after the convicted person is incarcerated and until the convicted person17
is no longer under the jurisdiction of the Board of Parole, the county18
corrections agency, the Department of Correctional Services, or the Board19
of Pardons or, if the convicted person is under the jurisdiction of the20
Department of Health and Human Services, within the three-year period21
after the convicted person is no longer under the jurisdiction of the22
Board of Parole, the county corrections agency, the Department of23
Correctional Services, or the Board of Pardons. 24
(3) A victim whose name appears in the file of the convicted person25
shall be notified by the Board of Parole: 26
(a) Within ninety days after conviction of an offender, of the27
tentative date of release and the earliest parole eligibility date of28
such offender; 29
(b) Of any parole hearings or proceedings; 30
(c) Of any decision of the Board of Parole; 31
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(d) When a convicted person who is on parole is returned to custody1
because of parole violations; and 2
(e) If the convicted person has been adjudged a mentally disordered3
sex offender or is a convicted sex offender, when such convicted person4
is released from custody or treatment. 5
Such notification shall be given in person, by telecommunication, or6
by mail. 7
(4) A victim whose name appears in the file of the convicted person8
shall be notified by the Department of Correctional Services or a county9
corrections agency: 10
(a) When a convicted person is granted a furlough or release from11
incarceration for twenty-four hours or longer or any transfer of the12
convicted person to community status; 13
(b) When a convicted person is released into community-based14
programs, including educational release and work release programs. Such15
notification shall occur at the beginning and termination of any such16
program; 17
(c) When a convicted person escapes or does not return from a18
granted furlough or release and again when the convicted person is19
returned into custody; 20
(d) When a convicted person is discharged from custody upon21
completion of his or her sentence. Such notice shall be given at least22
thirty days before discharge, when practicable; 23
(e) Of the (i) department's calculation of the earliest parole24
eligibility date of the prisoner with all potential good time or25
disciplinary credits considered if the sentence exceeds ninety days or26
(ii) county corrections agency's calculation of the earliest release date27
of the prisoner. The victim may request one notice of the calculation28
described in this subdivision. Such information shall be mailed not later29
than thirty days after receipt of the request; 30
(f) Of any reduction in the prisoner's minimum sentence; and31
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(g) Of the victim's right to submit a statement as provided in1
section 81-1848. 2
(5) A victim whose name appears in the file of a convicted person3
shall be notified by the Department of Health and Human Services:4
(a) When a person described in subsection (6) of this section5
becomes the subject of a petition pursuant to the Nebraska Mental Health6
Commitment Act or the Sex Offender Commitment Act prior to his or her7
discharge from custody upon the completion of his or her sentence or8
within thirty days after such discharge. The county attorney who filed9
the petition shall notify the Department of Correctional Services of such10
petition. For a petition filed by an interested party, the mental health11
board shall request the county attorney to notify the Department of12
Correctional Services of the filing of such petition and the county13
attorney shall provide such notification. The Department of Correctional14
Services shall forward the names and addresses of victims appearing in15
the file of the convicted person to the Department of Health and Human16
Services; and 17
(b) When a person under a mental health board commitment pursuant to18
subdivision (a) of this subsection: 19
(i) Escapes from an inpatient facility providing board-ordered20
treatment and again when the person is returned to an inpatient facility;21
(ii) Is discharged or has a change in disposition from inpatient22
board-ordered treatment; 23
(iii) Is granted a furlough or release for twenty-four hours or24
longer; and 25
(iv) Is released into educational release programs or work release26
programs. Such notification shall occur at the beginning and termination27
of any such program. 28
(6) Subsection (5) of this section applies to a person convicted of29
a covered offense which is also alleged to be the recent act or threat30
underlying the commitment of such person as mentally ill and dangerous or31
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as a dangerous sex offender as defined in section 83-174.01.1
(7) A victim whose name appears in the file of a person convicted of2
a covered offense shall be notified, via certified mail, by the Board of3
Pardons: 4
(a) Of any pardon or commutation proceedings at least thirty5
calendar days prior to the proceedings; and 6
(b) If a pardon or commutation has been granted, within ten days7
after such granting. 8
(8) The Board of Parole, the Department of Correctional Services,9
the Department of Health and Human Services, and the Board of Pardons10
shall adopt and promulgate rules and regulations as needed to carry out11
this section. 12
(9) The victim's address and telephone number maintained by the13
Department of Correctional Services, the Department of Health and Human14
Services, the county corrections agency, the Board of Parole, and the15
Board of Pardons pursuant to subsection (2) of this section shall be16
exempt from disclosure under Nebraska public records laws and federal17
freedom of information laws, as such federal laws existed on January 1,18
2004. 19
Sec. 14. Original sections 71-908, 71-921, 71-923, 71-925, 71-930,20
71-932, and 71-949, Reissue Revised Statutes of Nebraska, and sections21
71-901, 71-903, 71-922, and 81-1850, Revised Statutes Supplement, 2025,22
are repealed. 23
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