Rules and regulations; purpose; contents; rights and privileges of inmates.

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83-4,111. Rules and regulations; purpose; contents; rights and privileges of inmates.

(1) The department shall adopt and promulgate rules and regulations to establish criteria for justifiably and reasonably determining which rights and privileges an inmate forfeits upon commitment and which rights and privileges an inmate retains.

(2) Such rules and regulations shall include, but not be limited to, criteria concerning (a) disciplinary procedures and a code of offenses for which discipline may be imposed, (b) disciplinary segregation, (c) grievance procedures, (d) good-time credit, (e) mail and visiting privileges, and (f) rehabilitation opportunities.

(3) The rules and regulations adopted pursuant to sections 83-4,109 to 83-4,123 shall in no manner deprive an inmate of any rights and privileges to which he or she is entitled under other provisions of law or under policies adopted in a correctional facility.

Source

  • Laws 1976, LB 275, § 3;
  • Laws 1993, LB 31, § 53.

Annotations

  • The language of this section does not establish a right in inmates to a determination of which rights they retain upon commitment. Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012).

  • The Nebraska Department of Correctional Services' duty to promulgate rules and regulations regarding inmate rights under this section has been fulfilled by the promulgation of 68 Neb. Admin. Code, chs. 1 through 9 (2008). Meis v. Houston, 19 Neb. App. 504, 808 N.W.2d 897 (2012).


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