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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 902
Introduced by Dungan, 26.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to incarcerated individuals; to amend sections1
50-1901, 50-1904, 50-1906, 50-1907, and 50-1912, Revised Statutes2
Supplement, 2025; to adopt the Medical Standards for Incarcerated3
Individuals Act; to define a term; to provide powers and duties for4
the Inspector General, the Department of Correctional Services, and5
the Director of Correctional Services; to change provisions of the6
Office of Inspector General of the Nebraska Correctional System Act;7
to require audits and reports; to harmonize provisions; and to8
repeal the original sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Sections 1 to 7 of this act shall be known and may be1
cited as the Medical Standards for Incarcerated Individuals Act.2
Sec. 2. (1) The Legislature finds and declares:3
(a) Incarcerated individuals are entirely dependent on the state for4
access to medical care, and the state has a constitutional and moral duty5
to provide such care; 6
(b) Sections 83-4,154 and 83-4,155 require the Department of7
Correctional Services to provide inmates with medical services to the8
community standard of health care. This standard is vague and does not9
offer clear guidance. It has not been interpreted uniformly or10
consistently enforced. As a result, there is a significant variability in11
the community standard of health care provided at the department's12
various facilities; 13
(c) Inconsistent medical protocols, delayed diagnostic testing,14
inadequate follow-up procedures, and unclear reporting requirements15
contribute to preventable medical harm in Nebraska correctional16
facilities; and 17
(d) It is the intent of the Legislature to establish uniform minimum18
procedures that support, clarify, and operationalize the department's19
duty to provide inmates with the community standard of health care.20
(2) The purposes of the Medical Standards for Incarcerated21
Individuals Act are to: 22
(a) Clarify and strengthen medical care standards in Nebraska23
correctional facilities; 24
(b) Ensure timely and adequate treatment of chronic and acute health25
conditions; 26
(c) Create mandatory reporting requirements for suspected medical27
neglect; and 28
(d) Provide independent investigation of inmate deaths potentially29
related to medical care failures. 30
Sec. 3. For purposes of the Medical Standards for Incarcerated31
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Individuals Act: 1
(1) Chronic or acute medical condition means any condition requiring2
ongoing management, periodic monitoring, specialized testing, or prompt3
diagnostic evaluation; 4
(2) Community standard of health care has the same meaning as in5
section 83-4,154; 6
(3) Department means the Department of Correctional Services;7
(4) Health care services has the same meaning as in section8
83-4,154; 9
(5) Health complaint means any verbal or written request for health10
care services made by an inmate; 11
(6) Inmate has the same meaning as in section 83-4,154;12
(7) Facility has the same meaning as in section 83-170;13
(8) Medical director means the medical director for the department14
appointed under section 83-4,156; and 15
(9) Medical neglect means the failure to provide timely evaluation,16
treatment, monitoring, or follow-up care in a manner that aligns with17
professional standards of medical practice. 18
Sec. 4. (1) The medical director shall develop and implement19
standardized medical care protocols for inmates' chronic and acute20
medical conditions. Such protocols shall be used by the department when21
administering health care services to inmates. 22
(2) Such protocols shall include: 23
(a) Ongoing monitoring of diagnosed health conditions;24
(b) Timely access to medications, diagnostic testing, and specialist25
care; 26
(c) Documentation and tracking of all assessments and treatment27
plans; and 28
(d) Routine screening and early detection procedures for individuals29
reporting persistent symptoms or presenting risk factors for chronic or30
acute medical conditions. Screening must occur within a timeframe not to31
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exceed forty-eight hours after symptoms are reported, except that1
screening shall occur as soon as possible when immediate care is2
required. 3
(3) The medical director shall annually review the protocols4
developed under this section and update them to reflect current medical5
guidelines. 6
Sec. 5. (1) The department shall document any health complaint of7
an inmate upon receipt of such health complaint. 8
(2) Each facility shall establish a maximum timeframe, not to exceed9
forty-eight hours, for medical staff to conduct an initial assessment in10
response to an inmate's health complaint. In the case of urgent or11
immediate symptoms, such initial assessment shall be conducted as soon as12
possible. 13
(3) The department shall maintain a record of all actions taken in14
response to each health complaint. Such records shall immediately be made15
available to the office of Inspector General of the Nebraska Correctional16
System upon request. 17
Sec. 6. (1) Any department employee or contractor who witnesses or18
suspects medical neglect shall make a report to the office of Inspector19
General of the Nebraska Correctional System. Reports shall be submitted20
in a form and manner prescribed by the office. 21
(2) Any person making a report of medical neglect that such person22
reasonably believes is required by this section or participating in any23
investigation or proceeding arising from such report shall be immune from24
any liability, civil or criminal, that might otherwise be incurred or25
imposed, except for maliciously false statements. 26
Sec. 7. The department and medical director shall implement all27
required protocols, reporting systems, and oversight coordination28
necessary to carry out the Medical Standards for Incarcerated Individuals29
Act on or before January 1, 2028. 30
Sec. 8. Section 50-1901, Revised Statutes Supplement, 2025, is31
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amended to read: 1
50-1901 Sections 50-1901 to 50-1921 and section 13 of this act shall2
be known and may be cited as the Office of Inspector General of the3
Nebraska Correctional System Act. 4
Sec. 9. Section 50-1904, Revised Statutes Supplement, 2025, is5
amended to read: 6
50-1904 For purposes of the Office of Inspector General of the7
Nebraska Correctional System Act, the following definitions apply:8
(1) Administrator means a person charged with administration of (a)9
a program or an office of the department or (b) a private agency;10
(2) Department means the Department of Correctional Services;11
(3) Director means the Director of Correctional Services;12
(4) Inspector General means the Inspector General of the Nebraska13
Correctional System appointed under section 50-1905;14
(5) Malfeasance means a wrongful act that the actor has no legal15
right to do or any wrongful conduct that affects, interrupts, or16
interferes with performance of an official duty; 17
(6) Management means supervision of subordinate employees;18
(7) Medical neglect has the same meaning as in section 3 of this19
act; 20
(8) (7) Misfeasance means the improper performance of some act that21
a person may lawfully do; 22
(9) (8) Obstruction means hindering an investigation, preventing an23
investigation from progressing, stopping or delaying the progress of an24
investigation, or making the progress of an investigation difficult or25
slow; 26
(10) (9) Office means the office of Inspector General of the27
Nebraska Correctional System and includes the Inspector General and other28
employees of the office; 29
(11) (10) Private agency means an entity that contracts with the30
department or contracts to provide services to another entity that31
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contracts with the department; and 1
(12) (11) Record means any recording in written, audio, electronic,2
or computer storage form, including, but not limited to, a draft,3
memorandum, note, report, computer printout, notation, message, medical4
record, mental health record, case file, clinical record, financial5
record, and administrative record. 6
Sec. 10. Section 50-1906, Revised Statutes Supplement, 2025, is7
amended to read: 8
50-1906 (1) The office shall investigate: 9
(a) Allegations or incidents of possible misconduct, misfeasance,10
malfeasance, or violations of statutes or of rules or regulations of the11
department by an employee of or a person under contract with the12
department or a private agency; 13
(b) Death or serious injury of individuals in the custody or under14
the supervision of the department. The department shall report all such15
cases of death or serious injury to the Inspector General as soon as16
reasonably possible after the department learns of such death or serious17
injury. The department shall also report all cases of the death or18
serious injury of an employee when acting in such employee's capacity as19
an employee of the department as soon as reasonably possible after the20
department learns of such death or serious injury. The department shall21
also report all cases when an employee is hospitalized in response to an22
injury received when such employee is acting in such employee's capacity23
as an employee of the department as soon as reasonably possible after the24
department learns of such hospitalization. For purposes of this25
subdivision, serious injury means an injury which requires urgent and26
immediate medical treatment and restricts the injured person's usual27
activity; and 28
(c) Allegations or incidents of medical neglect of individuals in29
the custody or under the supervision of the department; and30
(d) (c) Any other matter as provided in the annual work plans or key31
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performance indicators approved by the Legislative Oversight Committee1
pursuant to section 50-1702. 2
(2) Any investigation conducted by the Inspector General shall be3
independent of and separate from an investigation pursuant to sections4
23-1821 to 23-1823. 5
(3) The department shall notify the Inspector General as soon as6
practicable when a criminal investigation involving a death or serious7
injury required to be reported to the Inspector General under subdivision8
(1)(b) of this section has commenced and when such criminal investigation9
has concluded. 10
(4) Notwithstanding the fact that a criminal investigation, a11
criminal prosecution, or both are in progress, all law enforcement12
agencies and prosecuting attorneys may cooperate with any investigation13
conducted by the Inspector General and may, upon request by the Inspector14
General, provide the Inspector General with copies of all law enforcement15
reports which are relevant to the Inspector General's investigation. All16
law enforcement reports which have been provided to the Inspector General17
pursuant to this section are not public records for purposes of sections18
84-712 to 84-712.09 and shall not be subject to discovery by any other19
person or entity. Except to the extent that disclosure of information is20
otherwise provided for in the Office of Inspector General of the Nebraska21
Correctional System Act, the Inspector General shall maintain the22
confidentiality of all law enforcement reports received pursuant to its23
request under this section. Law enforcement agencies and prosecuting24
attorneys may, when requested by the Inspector General, collaborate with25
the Inspector General regarding all other information relevant to the26
Inspector General's investigation. The Inspector General shall, when27
requested to do so by a law enforcement agency or prosecuting attorney,28
suspend an investigation by the office until a criminal investigation or29
prosecution is completed or has proceeded to a point that, in the30
judgment of the Inspector General, reinstatement of the Inspector31
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General's investigation will not impede or infringe upon the criminal1
investigation or prosecution. 2
(5) Consistent with the Nebraska Rules of Professional Conduct,3
counsel for the entity under investigation shall not represent a witness.4
A witness may request that counsel for the entity under investigation be5
present while being questioned, but such entity shall not require a6
witness to make such a request. If such a request is made, the entity7
under investigation shall inform the witness that such entity's counsel8
does not represent the witness. For purposes of this subsection, entity9
under investigation means the entity that is the subject of an10
investigation under the Office of Inspector General of the Nebraska11
Correctional System Act and includes the department and a private agency.12
(6) The office may conduct audits, inspections, investigations, and13
other oversight as necessary to perform the duties of the office and to14
carry out the purposes of the Office of Inspector General of the Nebraska15
Correctional System Act. 16
Sec. 11. Section 50-1907, Revised Statutes Supplement, 2025, is17
amended to read: 18
50-1907 (1) Complaints to the office may be made in writing. Reports19
of medical neglect under section 6 of this act may be made to the office20
in the form and manner prescribed by the office. 21
(2) A complaint or report of medical neglect shall be evaluated to22
determine if it alleges possible misconduct, misfeasance, malfeasance,23
medical neglect, or violation of a statute or of rules and regulations of24
the department by an employee of or a person under contract with the25
department or a private agency. All complaints and reports shall be26
evaluated to determine whether a full investigation is warranted.27
(3) (2) The office shall not conduct a full investigation of a28
complaint or report unless: 29
(a) The complaint or report alleges misconduct, misfeasance,30
malfeasance, medical neglect, or violation of a statute or of rules and31
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regulations of the department; 1
(b) The complaint or report is against a person within the2
jurisdiction of the office; and 3
(c) The allegations can be independently verified through4
investigation. 5
(3) After receipt of a complaint or report , the Inspector General6
shall determine whether the office will conduct a full investigation.7
(4) When a full investigation is opened on a private agency that8
contracts with the department, the Inspector General shall give notice of9
such investigation to the department. 10
Sec. 12. Section 50-1912, Revised Statutes Supplement, 2025, is11
amended to read: 12
50-1912 (1) Except as provided in subsection (6) of this section,13
reports Reports of investigations conducted by the office shall not be14
distributed beyond the entity that is the subject of the report without15
the consent of the Inspector General. 16
(2) The office shall redact confidential information before17
distributing a report of an investigation. 18
(3) The office may disclose confidential information to the19
chairperson of the Legislative Oversight Committee at the chairperson's20
request. The office may also disclose confidential information to the21
chairperson of the Legislative Oversight Committee, the chairperson of22
the Executive Board of the Legislative Council, and the chairperson of23
the Judiciary Committee of the Legislature when such disclosure is, in24
the judgment of the Director of Legislative Oversight, appropriate to25
keep the Legislature informed of important events, issues, and26
developments in the Nebraska correctional system. 27
(4) The office may also disclose such confidential information to28
the Legislative Oversight Committee when such disclosure is, in the29
judgment of the chairperson of the Legislative Oversight Committee,30
appropriate to keep the Legislature informed of important events, issues,31
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and developments in the Nebraska correctional system.1
(5)(a) This subsection does not apply to reports of investigations2
required under subsection (6) of this section. 3
(b) A summarized final report based on an investigation may be4
publicly released in order to bring awareness to systemic issues.5
(c) (b) Such report shall be released only: 6
(i) After a disclosure is made to the chairperson of the Legislative7
Oversight Committee pursuant to subsection (3) of this section; and8
(ii) If a determination is made by the Inspector General with the9
chairperson of the Legislative Oversight Committee that doing so would be10
in the best interest of the public. 11
(d) (c) If there is disagreement about whether releasing the report12
would be in the best interest of the public, the chairperson of the13
Executive Board of the Legislative Council shall make the final decision.14
(6) When the office completes an investigation of a death of an15
individual in the custody or under the supervision of the department in16
which medical neglect is suspected, alleged, or reasonably indicated, the17
office shall release a public report of the investigation. Such report18
shall be released within fifteen days after the office has complied with19
sections 50-1914 and 50-1915. 20
(7) (d) The Legislative Oversight Committee shall be notified prior21
to a report of an investigation being publicly released under this22
section. 23
(8) (6) Records and documents, regardless of physical form, that are24
obtained or produced by the office in the course of an investigation are25
not public records for purposes of sections 84-712 to 84-712.09. Reports26
of investigations conducted by the office are not public records for27
purposes of sections 84-712 to 84-712.09. 28
(9) (7) The office may withhold the identity of sources of29
information to protect from retaliation any person who files a complaint30
or provides information in good faith pursuant to the Office of Inspector31
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General of the Nebraska Correctional System Act. 1
Sec. 13. (1) On or before May 15, 2028, and on or before each May2
15 thereafter, the office shall: 3
(a) Conduct an audit of the department's compliance with the Medical4
Standards for Incarcerated Individuals Act and the protocols developed5
under section 4 of this act; and 6
(b) Present a report of the audit to the Director of Legislative7
Oversight and the chairperson of the Legislative Oversight Committee. The8
Inspector General shall present the report of an investigation to the9
Director of Correctional Services within three business days after the10
report is presented to the Director of Legislative Oversight and the11
chairperson of the Legislative Oversight Committee.12
(2) Any person receiving a report under this section shall not13
further distribute the report or any confidential information contained14
in the report. The report shall not be distributed beyond the parties15
except through the appropriate court procedures to the judge.16
(3) A report that identifies misconduct, misfeasance, malfeasance,17
violation of statute, or violation of rules and regulations by an18
employee of the department or a private agency that is relevant to19
providing appropriate supervision of an employee may be shared with the20
employer of such employee. The employer shall not further distribute the21
report or any confidential information contained in the report.22
(4) Within thirty business days after a report is presented to the23
director: 24
(a) The director may determine whether to accept, reject, or request25
modification of the recommendations contained in the report. Any response26
shall be in writing and may include corrections of factual errors; and27
(b) The director shall submit to the Inspector General a corrective28
action plan to address any misconduct, misfeasance, malfeasance,29
violation of statute, or violation of rules and regulations identified in30
the report. 31
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(5) The Inspector General, with input from the Director of1
Legislative Oversight, may consider any request for modifications but is2
not obligated to accept such request. 3
(6) Such report shall become final (a) upon the decision of the4
director to accept or reject the recommendations in the report, (b)5
within fifteen business days after the director requests modifications or6
after the Inspector General incorporates such modifications, whichever7
occurs earlier, or (c) thirty business days after the report is presented8
to the director if no response is made. If the Inspector General does not9
accept a requested modification, the recommendation for which such10
modification was requested shall be considered to be rejected by the11
director. 12
(7) Within fifteen business days after the report is presented to13
the director, the report shall be presented to the private agency or14
other provider of correctional services that is the subject of the report15
and to persons involved in the implementation of the recommendations in16
the report. Within fifteen business days after receipt of the report, the17
private agency or other provider may submit a written response to the18
office to correct any factual errors in the report. The Inspector19
General, with input from the Director of Legislative Oversight, shall20
consider all materials submitted under this subsection to determine21
whether a corrected report shall be issued. If the Inspector General22
determines that a corrected report is necessary, the corrected report23
shall be issued within fifteen business days after receipt of the written24
response. 25
(8) If the Inspector General does not issue a corrected report26
pursuant to subsection (7) of this section or if the corrected report27
does not address all issues raised in the written response, the private28
agency or other provider may request that its written response, or29
portions of the response, be appended to the report or corrected report.30
(9) On or before October 1, 2028, and on or before each October 131
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thereafter, the Inspector General shall release a public summary report1
of the audit and report completed under this section. The public summary2
report shall not contain any confidential or identifying information3
concerning the subjects of the reports and investigations.4
Sec. 14. Original sections 50-1901, 50-1904, 50-1906, 50-1907, and5
50-1912, Revised Statutes Supplement, 2025, are repealed.6
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