83-4,133 Detention facility; governing body; failure to take corrective action; petition by Jail Standards Board; hearing; order; appeal. - Nebraska Statutes

83-4,133. Detention facility;governing body; failure to take corrective action; petition by Jail StandardsBoard; hearing; order; appeal.If the governingbody of the juvenile detention facility or criminal detention facility failsto initiate corrective action within six months after the receipt of suchinspection report, fails to correct the disclosed conditions, or fails toclose the criminal detention facility or juvenile detention facility or theobjectionable portion thereof, the Jail Standards Board maypetition the district court within the judicial district in which such facilityis located to close the facility. Such petition shall include the inspectionreport regarding such facility. The local governing body shall then have thirtydays to respond to such petition and shall serve a copy of the response onthe Jail Standards Board by certified mail, return receipt requested. Thereafter,a hearing shall be held on the petition before the district court, and anorder shall be rendered by such court which either:(1) Dismisses the petition of the Jail Standards Board;(2) Directs that corrective action be initiated in some formby the local governing body of the facility in question; or(3) Directs that the facility be closed. An appeal from thedecision of the district court may be taken to the Court of Appeals. SourceLaws 1975, LB 417, § 32; Laws 1978, LB 212, § 10; R.S.Supp.,1980, § 83-952; Laws 1991, LB 732, § 154; Laws 1992, LB 1184, § 22; Laws 1998, LB 695, § 6; Laws 2009, LB218, § 11.Operative Date: July 1, 2011