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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1084
Introduced by Storer, 43.
Read first time January 15, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil commitment; to amend sections 71-9191
and 71-1203, Revised Statutes Supplement, 2025; to change provisions2
relating to persons taken into emergency protective custody; to3
correct an internal reference; to repeal the original sections; and4
to declare an emergency. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 71-919, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-919 (1)(a) A law enforcement officer may take a person into3
emergency protective custody, cause him or her to be taken into emergency4
protective custody, or continue his or her custody if he or she is5
already in custody if the officer has probable cause to believe:6
(i) Such person is mentally ill and dangerous or a dangerous sex7
offender and that the harm described in section 71-908 or subdivision (1)8
of section 83-174.01 is likely to occur before mental health board9
proceedings under the Nebraska Mental Health Commitment Act or the Sex10
Offender Commitment Act may be initiated to obtain custody of the person;11
or 12
(ii) For a person domiciled within Indian country in Nebraska, that13
such person is mentally ill and dangerous or a dangerous sex offender14
under tribal law and that harm comparable to that described in section15
71-908 or subdivision (1) of section 83-174.01 or the equivalent under16
tribal law is likely to occur before mental health proceedings under17
tribal law may be initiated to obtain custody of the person.18
(b) Such person shall be admitted to an appropriate and available19
medical facility, jail, or Department of Correctional Services facility20
as provided in subsection (2) of this section. 21
(c)(i) Except as provided in subdivision (1)(c)(ii) of this section,22
each county shall make arrangements with appropriate facilities inside or23
outside the county for such purpose and shall pay the cost of the24
emergency protective custody of persons from such county in such25
facilities. 26
(ii) For a subject domiciled within Indian country in Nebraska for27
whom emergency protective custody is initiated under tribal law, the28
tribe shall make arrangements with appropriate facilities inside or29
outside the tribe for such purpose and shall make arrangements for30
payment of the cost of the emergency protective custody of persons from31
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such tribe in such facilities. 1
(d) A mental health professional who has probable cause to believe2
that a person is mentally ill and dangerous or a dangerous sex offender3
may cause such person to be taken into custody and shall have a limited4
privilege to hold such person until a law enforcement officer or other5
authorized person arrives to take custody of such person.6
(2)(a) For purposes of this subsection, convicted sex offender means7
a person with a prior conviction for an offense listed in section8
29-4003. 9
(b) A person taken into emergency protective custody under this10
section who is not a convicted sex offender shall be admitted to an11
appropriate and available medical facility, except that such person may12
instead be admitted to a jail or other facility with an available mental13
health bed under the Regional Mental Health Expansion Pilot Program Act14
until an appropriate medical facility is available.15
(c) A person taken into emergency protective custody under this16
section who is not a convicted sex offender shall be admitted to a jail17
or Department of Correctional Services facility unless a medical or18
psychiatric emergency exists for which treatment at a medical facility is19
required. The person in emergency protective custody shall remain at the20
medical facility until the medical or psychiatric emergency has passed21
and it is safe to transport such person, at which time the person shall22
be transferred to an available jail or Department of Correctional23
Services facility. 24
(3)(a) Except as provided in subdivision (3)(b) of this section,25
upon admission to a facility or jail of a person taken into emergency26
protective custody by a law enforcement officer under this section, such27
officer shall execute a written certificate prescribed and provided by28
the Department of Health and Human Services. The certificate shall allege29
the officer's belief that the person in custody is mentally ill and30
dangerous or a dangerous sex offender and shall contain a summary of the31
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person's behavior supporting such allegations. A copy of such certificate1
shall be immediately forwarded to the county attorney.2
(b) In the case of a subject domiciled within Indian country who is3
taken into emergency protective custody by a law enforcement officer4
under tribal law, upon admission to a facility or jail, such officer5
shall execute written documentation in a format provided by the tribe. At6
a minimum, such documentation shall clearly identify the subject,7
identify the relevant tribe, allege the officer's belief that the person8
in custody is mentally ill and dangerous or a dangerous sex offender9
under tribal law, and contain a summary of the subject's behavior10
supporting such allegations. A copy of such documentation shall be11
immediately forwarded to the appropriate tribal prosecutor or tribal12
official. 13
(4)(a) The administrator of the facility or jail shall have such14
person evaluated by a mental health professional as soon as reasonably15
possible but not later than thirty-six hours after admission. The mental16
health professional shall not be the mental health professional who17
causes such person to be taken into custody under this section and shall18
not be a member or alternate member of the mental health board that will19
preside over any hearing under the Nebraska Mental Health Commitment Act20
or the Sex Offender Commitment Act with respect to such person. Upon the21
agreement of all parties, the evaluation may be conducted by22
videoconferencing if the mental health professional thinks it appropriate23
under the circumstances. 24
(b) A person shall be released from emergency protective custody25
after completion of such evaluation unless the mental health professional26
determines, in his or her clinical opinion, that such person is mentally27
ill and dangerous or a dangerous sex offender. In the case of a subject28
domiciled within Indian country who is taken into emergency protective29
custody under tribal law, the mental health professional shall notify an30
appropriate tribal prosecutor or official of such release.31
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Sec. 2. Section 71-1203, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-1203 For purposes of the Sex Offender Commitment Act:3
(1) The definitions found in sections 71-904.02, 71-904.03, 71-905,4
71-906, 71-907, 71-910, 71-911, 71-914.01, 71-914.02, 71-914.03, and5
83-174.01 apply; 6
(2) Administrator means the administrator or other chief7
administrative officer of a treatment facility, medical facility, jail,8
or Department of Correctional Services facility or his or her designee;9
(3) Outpatient treatment means treatment ordered by a mental health10
board directing a subject to comply with specified outpatient treatment11
requirements, including, but not limited to, (a) taking prescribed12
medication, (b) reporting to a mental health professional or treatment13
facility for treatment or for monitoring of the subject's condition, or14
(c) participating in individual or group therapy or educational,15
rehabilitation, residential, or vocational programs;16
(4)(a) Subject means any person concerning whom (i) a certificate17
has been filed under section 71-1204, (ii) a certificate has been filed18
under section 71-919 and such person is held pursuant to subdivision (2)19
(c) (2)(b) of section 71-919, or (iii) a petition has been filed under20
the Sex Offender Commitment Act. 21
(b) Subject also includes a person who is a member of a tribe or22
eligible for membership in a tribe, who is domiciled within Indian23
country in Nebraska, and concerning whom sex offender involuntary24
commitment or emergency protective custody proceedings have been25
initiated under tribal law. 26
(c) Subject does not include any person under eighteen years of age27
unless such person is an emancipated minor; and 28
(5) Treatment facility means a facility which provides services for29
persons who are dangerous sex offenders. 30
Sec. 3. Original sections 71-919 and 71-1203, Revised Statutes31
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Supplement, 2025, are repealed. 1
Sec. 4. Since an emergency exists, this act takes effect when2
passed and approved according to law. 3
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