83-180 Physician or psychologist; designation; duties; transfer of person committed; jurisdiction; release; conditions. - Nebraska Statutes

83-180. Physician or psychologist; designation; duties; transfer of person committed; jurisdiction; release; conditions.(1) When a physician designated by the Director of Correctional Services finds that a person committed to the department suffers from a physical disease or defect, or when a physician or psychologist designated by the director finds that a person committed to the department suffers from a mental disease or defect, the chief executive officer may order such person to be segregated from other persons in the facility. If the physician or psychologist is of the opinion that the person cannot be given proper treatment in that facility, the director may arrange for his or her transfer for examination, study, and treatment to any medical-correctional facility, or to another institution in the Department of Health and Human Services where proper treatment is available. A person who is so transferred shall remain subject to the jurisdiction and custody of the Department of Correctional Services and shall be returned to the department when, prior to the expiration of his or her sentence, treatment in such facility is no longer necessary.(2) When the physician or psychologist designated by the Director of Correctional Services finds that a person committed to the department suffers from a physical or mental disease or defect which in his or her opinion cannot be properly treated in any facility or institution in the Department of Health and Human Services, the director may arrange for his or her transfer for treatment to a hospital or psychiatric facility outside the department. The director shall make appropriate arrangements with other public or private agencies for the transportation to, and for the care, custody, and security of the person in, such hospital or psychiatric facility. While receiving treatment in such hospital or psychiatric facility, the person shall remain subject to the jurisdiction and custody of the Department of Correctional Services and shall be returned to the department when, prior to the expiration of his or her sentence, such hospital or psychiatric treatment is no longer necessary.(3) When two psychiatrists designated by the Director of Correctional Services find that a person about to be released or discharged from any facility suffers from a mental disease or defect of such a nature that his or her release or discharge will endanger the public safety or the safety of the offender, the director shall transfer him or her to, or if he or she has already been transferred, permit him or her to remain in, a psychiatric facility in the Department of Health and Human Services and shall promptly commence proceedings applicable to the civil commitment and detention of persons suffering from such disease or defect. SourceLaws 1969, c. 817, § 11, p. 3078; Laws 1996, LB 1044, § 924. AnnotationsFailure to return to a hospital after a temporary leave constitutes an escape from custody. State v. Mayes, 190 Neb. 837, 212 N.W.2d 623 (1973).In order for application of this section to be constitutional, a prisoner must be provided, prior to transfer, with written notice, a hearing before an independent factfinder, qualified independent assistance at the hearing, a written decision, and notice of the above rights. Vitek v. Jones, 445 U.S. 480 (1980).Involuntary transfer of prisoner into more controlled confinement, for those mentally diseased or defective, requires transferee be afforded due process of notice, hearing, counsel, and confrontation of witnesses. Miller v. Vitek 437 F.Supp. 569 (D. Neb. 1977).