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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 790
Introduced by Bosn, 25.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Nebraska Treatment and Corrections Act;1
to amend section 83-1,119, Revised Statutes Supplement, 2025; to2
change provisions relating to substance abuse violations of parole3
and to provide for revocation; to harmonize provisions; and to4
repeal the original section. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 83-1,119, Revised Statutes Supplement, 2025, is1
amended to read: 2
83-1,119 (1) For purposes of this section: 3
(a) Absconding parole supervision means a parolee has purposely4
avoided supervision for a period of at least two weeks and reasonable5
efforts by a parole officer and staff to locate the parolee in person6
have proven unsuccessful; 7
(b) Administrative sanction means additional parole requirements8
imposed upon a parolee by his or her parole officer, with the full9
knowledge and consent of the parolee, designed to hold the parolee10
accountable for substance abuse or technical violations of conditions of11
parole, including, but not limited to: 12
(i) Counseling or reprimand by the department;13
(ii) Increased supervision contact requirements;14
(iii) Increased substance abuse testing; 15
(iv) Referral for substance abuse or mental health evaluation or16
other specialized assessment, counseling, or treatment;17
(v) Imposition of a designated curfew for a period to be determined18
by the department; and 19
(vi) Travel restrictions to stay within his or her county of20
residence or employment unless otherwise permitted by the department;21
(c) Contract facility means a county jail that contracts with the22
department to house parolees or other offenders under the jurisdiction of23
the department; 24
(d) Substance abuse violation means a parolee's activities or25
behaviors associated with the use of chemical substances or related26
treatment services resulting in a violation of an original condition of27
parole, including: 28
(i) Positive breath test for the consumption of alcohol if the29
parolee is required to refrain from alcohol consumption;30
(ii) Positive urinalysis for the illegal use of drugs;31
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(iii) Failure to report for alcohol testing or drug testing; and1
(iv) Failure to appear for or complete substance abuse or mental2
health treatment evaluations or inpatient or outpatient treatment; and3
(e) Technical violation means a parolee's activities or behaviors4
which create the opportunity for re-offending or diminish the5
effectiveness of parole supervision resulting in a violation of an6
original condition of parole and includes: 7
(i) Moving traffic violations; 8
(ii) Failure to report to his or her parole officer;9
(iii) Leaving the state without the permission of the Board of10
Parole; 11
(iv) Failure to work regularly or attend training or school;12
(v) Failure to notify his or her parole officer of change of address13
or employment; 14
(vi) Frequenting places where controlled substances are illegally15
sold, used, distributed, or administered; and 16
(vii) Failure to pay fines, court costs, restitution, or any fees17
imposed pursuant to section 83-1,107.01 as directed.18
Technical violation does not include absconding parole supervision.19
(2) The department shall develop a matrix of rewards for compliance20
and positive behaviors and graduated administrative sanctions and21
custodial sanctions for use in responding to and deterring substance22
abuse violations and technical violations. A custodial sanction of thirty23
days in a correctional facility or a contract facility shall be24
designated as the most severe response to a violation in lieu of25
revocation. 26
(3) Whenever a parole officer has reasonable cause to believe that a27
parolee has committed or is about to commit a substance abuse violation28
or technical violation while on parole, but that the parolee will not29
attempt to leave the jurisdiction and will not place lives or property in30
danger, the parole officer shall either: 31
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(a) Impose one or more administrative sanctions based upon the1
parolee's risk level, the severity of the violation, and the parolee's2
response to the violation. If administrative sanctions are to be imposed,3
the parolee shall acknowledge in writing the nature of the violation and4
agree upon the administrative sanction. The parolee has the right to5
decline to acknowledge the violation. If he or she declines to6
acknowledge the violation, the parole officer shall take action pursuant7
to subdivision (3)(b) of this section. A copy of the report shall be8
submitted to the Board of Parole; or 9
(b) Submit a written report to the Board of Parole, outlining the10
nature of the parole violation, and request the imposition of a custodial11
sanction of up to thirty days in a correctional facility or a contract12
facility. On the basis of the report and such further investigation as13
the board may deem appropriate, the board shall determine whether and how14
the parolee violated the conditions of parole and may:15
(i) Dismiss the charge of violation; or 16
(ii) If the board finds a violation justifying a custodial sanction,17
issue a warrant if necessary and impose a custodial sanction of up to18
thirty days in a correctional facility or a contract facility.19
(4) Whenever a parole officer has reasonable cause to believe that a20
parolee has committed or is about to commit a substance abuse violation21
while on parole, but that the parolee will not attempt to leave the22
jurisdiction and will not place lives or property in danger, the parole23
officer shall either: 24
(a) Impose one or more administrative sanctions based upon the25
parolee's risk level, the severity of the violation, and the parolee's26
response to the violation. If administrative sanctions are to be imposed,27
the parolee shall acknowledge in writing the nature of the violation and28
agree upon the administrative sanction. The parolee has the right to29
decline to acknowledge the violation. If he or she declines to30
acknowledge the violation, the parole officer shall take action pursuant31
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to subdivision (4)(b) of this section. A copy of the report shall be1
submitted to the Board of Parole; or 2
(b) Submit a written report to the Board of Parole which may, on the3
basis of such report and such further investigation as it may deem4
appropriate: 5
(i) Dismiss the violation; 6
(ii) Determine whether the parolee violated the conditions of his or7
her parole; 8
(iii) Impose a custodial sanction of up to thirty days in a9
correctional facility or a contract facility; 10
(iv) Revoke his or her parole in accordance with the Nebraska11
Treatment and Corrections Act; or 12
(v) Issue a warrant for the arrest of the parolee.13
(5) (4) Whenever a parole officer has reasonable cause to believe14
that a parolee has violated or is about to violate a condition of parole15
by a violation other than a substance abuse violation or a technical16
violation and the parole officer has reasonable cause to believe that the17
parolee will not attempt to leave the jurisdiction and will not place18
lives or property in danger, the parole officer shall submit a written19
report to the Board of Parole which may, on the basis of such report and20
such further investigation as it may deem appropriate:21
(a) Dismiss the charge of violation; 22
(b) Determine whether the parolee violated the conditions of his or23
her parole; 24
(c) Impose a custodial sanction of up to thirty days in a25
correctional facility or a contract facility; 26
(d) Revoke his or her parole in accordance with the Nebraska27
Treatment and Corrections Act; or 28
(e) Issue a warrant for the arrest of the parolee.29
(6) (5) Whenever a parole officer has reasonable cause to believe30
that a parolee has violated or is about to violate a condition of parole31
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and that the parolee will attempt to leave the jurisdiction or will place1
lives or property in danger, the parole officer shall arrest the parolee2
without a warrant and call on any peace officer to assist him or her in3
doing so. 4
(7) (6) Whenever a parolee is arrested with or without a warrant, he5
or she shall be detained in a local jail or other detention facility6
operated by the department pending completion of review of parole7
proceedings by the Board of Parole. Immediately after such arrest and8
detention, the parole officer shall notify the Board of Parole and submit9
a written report of the reason for such arrest. A complete investigation10
shall be made by the department and submitted to the board. After prompt11
consideration of such written report, the board shall order the parolee's12
release from detention or continued confinement to await a final decision13
on imposition of a custodial sanction or the revocation of parole.14
(8) (7) The Board of Parole shall adopt and promulgate rules and15
regulations necessary to carry out this section. 16
Sec. 2. Original section 83-1,119, Revised Statutes Supplement,17
2025, is repealed. 18
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