Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.

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71-942. Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.

The Governor may appoint an agent to demand of the executive authority of another state any person who is located in such other state, who was receiving treatment at a treatment facility or program in this state pursuant to the Nebraska Mental Health Commitment Act, the Sex Offender Commitment Act, or section 29-1823, 29-2203, or 29-3701 to 29-3704, and who is absent without authorization from such treatment facility or program. The demand shall be accompanied by a certified copy of the order of commitment and a sworn statement by the administrator of the treatment facility or program stating that (1) the person is absent without authorization, (2) the administrator or program director of such treatment facility or program believes that such person is currently dangerous to himself, herself, or others, and (3) the treatment facility or program is willing to accept the person back for further treatment. This section does not prevent extradition under the Uniform Criminal Extradition Act if such act applies.

Source

  • Laws 1996, LB 1155, § 115;
  • R.S.1943, (1999), § 83-1074;
  • Laws 2004, LB 1083, § 62;
  • Laws 2006, LB 1199, § 39.

Cross References

  • Sex Offender Commitment Act, see section 71-1201.
  • Uniform Criminal Extradition Act, see section 29-758.


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