83-4,143 Eligibility for incarceration work camp; court, Board of Parole, or Director of Correctional Services; considerations; duration.
83-4,143. Eligibility for incarceration workcamp; court, Board of Parole, or Director of Correctional Services;considerations; duration.(1) It is the intent of the Legislaturethat the court target the felony offender (a) who is eligible and by virtueof his or her criminogenic needs is suitable to be sentenced to intensivesupervision probation with placement at the incarceration work camp, (b) forwhom the court finds that other conditions of a sentence of intensive supervisionprobation, in and of themselves, are not suitable, and (c) who, without theexistence of an incarceration work camp, would, in all likelihood, be sentencedto prison.(2) When the court is of the opinion that imprisonment is appropriate,but that a brief and intensive period of regimented, structured, and disciplinedprogramming within a secure facility may better serve the interests of society,the court may place an offender in an incarceration work camp for a periodnot to exceed one hundred eighty days as a condition of a sentence of intensivesupervision probation. The court may consider such placement if the offender(a) is a male or female offender convicted of a felony offense in a districtcourt, (b) is medically and mentally fit to participate, with allowances givenfor reasonable accommodation as determined by medical and mental health professionals,and (c) has not previously been incarcerated for a violent felony crime. Offendersconvicted of a crime under sections 28-319 to 28-322.04 orof any capital crime are not eligible to be placed in an incarceration workcamp.(3) It is also the intent of the Legislature that the Board of Parolemay recommend placement of felony offenders at the incarceration work camp.The offenders recommended by the board shall be offenders currently housedat other Department of Correctional Services adult correctional facilitiesand shall complete the incarceration work camp programming prior to releaseon parole.(4) When the Board of Parole is of the opinion that a felony offendercurrently incarcerated in a Department of Correctional Services adult correctionalfacility may benefit from a brief and intensive period of regimented, structured,and disciplined programming immediately prior to release on parole, the boardmay direct placement of such an offender in an incarceration work camp fora period not to exceed one hundred eighty days as a condition of release onparole. The board may consider such placement if the felony offender (a) ismedically and mentally fit to participate, with allowances given for reasonableaccommodation as determined by medical and mental health professionals, and(b) has not previously been incarcerated for a violent felony crime. Offendersconvicted of a crime under sections 28-319 to 28-322.04 orof any capital crime are not eligible to be placed in an incarceration workcamp.(5) The Director of CorrectionalServices may assign a felony offender to an incarceration work camp if heor she believes it is in the best interests of the felony offender and ofsociety, except that offenders convicted of a crime under sections 28-319to 28-321 or of any capital crime are not eligible to be assigned to an incarcerationwork camp pursuant to this subsection. SourceLaws 1997, LB 882, § 3; Laws 2000, LB 288, § 1; Laws 2005, LB 538, § 28; Laws 2006, LB 1199, § 104; Laws 2007, LB83, § 2; Laws 2009, LB97, § 29; Laws 2009, LB274, § 2.