The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe, in writing, rules for the regulation and government of the jails upon the following subjects: (1) The cleanliness of the jail and prisoners; (2) the classification of prisoners in regard to sex, age, and crime, and also persons with physical or mental disabilities; (3) beds, clothing, and diet; (4) warming, lighting, and ventilation of the jail; (5) the employment of medical and surgical aid when necessary; (6) employment, temperance, and instruction of the prisoners; (7) the supplying of each prisoner with a Bible or other written religious material; (8) the intercourse between prisoners and their counsel and other persons, including access to telephones or videoconferencing as required in section 47-101.01; (9) the discipline of prisoners for violation of the rules of the jail; and (10) such other matters as the board may deem necessary to promote the welfare of the prisoners.

(1) Each county jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of this section.

(2) Under a prepaid system, funds may be deposited into an inmate account in order to pay for telephone calls. The provider of the inmate telephone services, as an additional means of payment, shall permit the recipient of inmate collect telephone calls to establish an account with that provider in order to deposit funds for advance payment of those collect telephone calls. The provider of the inmate telephone services shall also allow inmates to communicate on the telephone, or by videoconferencing, with an attorney or attorneys without charge and without monitoring or recording by the county jail or law enforcement.

(3) A county operating a county jail may receive revenue for the reasonable operating costs for establishing and administering such telephone services system or videoconferencing system, but shall not receive excessive commissions or bonus payments. In determining the amount of such reasonable operating costs, the Jail Standards Board may consider for comparative purposes the rates for inmate calling services provided in 47 C.F.R. part 64. Amounts in excess of the reasonable operating costs include, but are not limited to, any excessive commissions and bonus payments, as determined by the Jail Standards Board, including, but not limited to, awards paid to a county for contracting with an entity that provides such service.

(4) Nothing in this section shall require a county jail to provide or administer a prepaid telephone call system.

(5) For the purposes of this section, collect telephone call system means a system pursuant to which recipients are billed for the cost of an accepted telephone call initiated by an inmate.

The Jail Standards Board shall ensure that county jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.

The Jail Standards Board shall, as soon as may be, cause a copy of the rules to be delivered to the county boards. It shall be the duty of each county board forthwith to cause the same to be printed, to furnish the sheriff of its county or such other person as may be charged with the administrative direction of the jail with a copy of the rules for every room or cell of the jail, and to forward a copy of the rules by mail to the Auditor of Public Accounts, who shall carefully file away and preserve the same.

The sheriff or such other person as may be charged with the administrative direction of the jail shall, immediately on the receipt of the rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of the jail.

The Jail Standards Board may, as it may deem necessary, amend the rules, and such amended rules shall be printed and disposed of by the county board and the sheriff or such other person as may be charged with the administrative direction of the jail in the same manner as is directed by sections 47-102 and 47-103.

The sheriff, or, in case of his or her death, removal, or disability, the person by law appointed to such office, shall have charge of the county jail of his or her proper county, and of all persons by law confined therein, and such sheriff or other person as may be charged with the administration of the jail shall conform to the rules and directions of the Jail Standards Board which may be made and communicated to him or her by the county board.

The sheriff or such other person as may be charged with the administration of the jail shall conform to the rules and directions as prescribed by the Jail Standards Board pursuant to sections 47-101 and 47-104 which may be made and communicated to him or her by the county board.

The sheriff or such other person as may be charged with the administrative direction of the jail shall procure, at the expense of the proper county, a suitable book to be called the jail register, in which he or she shall enter (1) the name of each prisoner, with the date and cause of his or her commitment, (2) the date or manner of his or her discharge, (3) what sickness, if any, has prevailed in the jail during the year and if known, what were the causes of such disease, (4) whether any or what labor has been performed by the prisoners, and the value thereof, (5) the habits of the prisoners as to personal cleanliness, diet, and order, (6) the operations of the rules and directions prescribed by the Jail Standards Board, (7) the means furnished prisoners of literary, moral, and religious instruction, and of labor, and (8) all other matters required by the rules, or in the discretion of such person deemed proper. The sheriff or such other person as may be charged with the administrative direction of the jail shall carefully keep and preserve the jail register in his or her office and at the expiration of his or her office shall deliver the same to the successor in office.

The sheriff or such other person as may be charged with the administrative direction of the jail shall, on or before November 1 in each year, make out in writing from the jail register a jail report, one copy of which report he or she shall forthwith file in the office of the clerk of the district court of the proper district and one copy with the county clerk of the county, for the use of the county board thereof.

It shall be the duty of the district court in its charge to the grand jury to inform the jury of the provisions of sections 47-101 to 47-116 and all rules, plans, or regulations established by the Jail Standards Board relating to county jails and prison discipline.

The grand jury of each county in this state may, while in attendance, visit the jail, examine its state and condition, and examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations. If the grand jury visits a jail, it shall be its duty to report to the court in writing, whether the rules of the Jail Standards Board have been faithfully kept and observed, or whether any of the provisions of sections 47-101 to 47-116, have been violated, pointing out particularly in what the violation, if any, consists. It shall also be the duty of the county board of each county of this state to visit the jail of its county once during each of its sessions in January, April, July, and October of each year.

It shall be the duty of the county board at the expense of the respective counties to provide suitable means for warming the jail and its cells or apartments and provide frames and mattresses for beds and such other permanent fixtures and repairs as may be prescribed by the Jail Standards Board. The county board shall have power to appoint a physician to the jail when it deems it necessary and shall pay to such physician an annual or other salary as it may think reasonable and proper, which salary shall be drawn out of the county treasury. Such medical officer, or any physician or surgeon who is employed in the jail, shall make a report in writing whenever required by the county board, Jail Standards Board, or grand jury.

In every county jail where there is a female prisoner, twenty-four-hour supervision shall be provided by a matron appointed by the county board, whose duty it shall be to have entire charge of the female prisoners, and the board may also in its discretion appoint such matron when there is a sick prisoner or one that is a minor under the age of sixteen. Such matrons shall be under the direction of the sheriff or such other person as may be charged with the administrative direction of the jail, shall take the necessary oath before entering upon the duties of the office, and shall be paid by the board from the county treasury only for the time actually engaged; Provided, that in counties having a population in excess of two hundred thousand inhabitants, a deputy or correctional officer shall be hired by the person whose duty it shall be to have charge of the female prisoners and perform those functions required of a deputy related to such duty, at a salary of not less than five hundred dollars per month, which salary shall be drawn out of the county treasury. Such matron, deputy, or correctional officer shall, when required, report to the board or district judges.

In counties having a population in excess of two hundred thousand inhabitants where the jail is situated above the ground floor and requires an operator for an elevator to transfer the prisoners to and from said jail, there shall be a jail conductor to operate said elevator, to be appointed by the sheriff or such other person as may be charged with the administrative direction of the jail, who shall be paid such salary as the county board may think reasonable and proper by warrant drawn on the general fund.

The sheriff or such other person as may be charged with the administrative direction of the jail shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court.

The jailer or keeper of the jail, unless the sheriff elects to act as jailer in person or unless a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his or her office; Provided, the sheriff shall in all cases be liable for the negligence and misconduct of the jailer, as of other deputies.

If the sheriff or jailer, having charge of any county jail, shall neglect or refuse to conform to all or any of the rules and regulations established by the Jail Standards Board, or to perform any other duty required of him or her by sections 47-101 to 47-116, he or she shall, upon conviction thereof for each case of such failure or neglect of duty, pay into the county treasury of the proper county for the use of such county a fine of not less than five dollars nor more than one hundred dollars, to be assessed by the district court of the proper district.

For the purposes of Chapter 47, article 1, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate residence, facility, center, or institution designated as a jail facility by the county.

The county board or county board of corrections serving pursuant to Chapter 23, article 28, shall provide proper quarters and adequate equipment for the preparation and serving of all meals furnished to all prisoners confined in the county jail. The county sheriff or the county board of corrections shall have full charge and control of such services and the county board shall provide for all washing, fuel, lights, and clothing for prisoners, subject to the right of the county to be paid by the city or federal government for city or federal prisoners at actual cost to the county. Supplies of every nature entering into the furnishing of meals, washing, fuel, lights, and clothing to the prisoners confined in the county jail shall be purchased and provided under the direction of the county sheriff or the county board of corrections. Payment for all purchases shall only be made by the county board on the original invoices submitted by the sheriff or the county board of corrections of goods, supplies, and services, setting forth (1) that the invoice correctly describes the goods as to quality and quantity, (2) that the same have been received and are in the custody of the affiant, (3) that they have been or will be devoted exclusively to the purposes authorized in this section, and (4) that the price charged is reasonable and just. Nothing in this section shall be construed to restrict the sheriff or the county board of corrections in employing necessary personnel and from otherwise carrying out the duties required in the operation of the jail.

Every county board or, in counties which have established such, the county board of corrections may establish a community work force program in which prisoners in the county jails may work on community service projects within that county. As used in sections 47-122 to 47-124, community service project shall mean work for a city or county, or any agency, department, or subdivision thereof, except that such projects shall not include projects which other government employees regularly perform or projects which the county or city regularly contracts with private industry to perform. The board is encouraged to include established volunteer activities which benefit the general public as acceptable projects. Work by a prisoner on a community service project shall not confer a private benefit on any person except as may be incidental to the public benefit.

Inmate participation in community service projects shall be voluntary and no extra good-time credit shall be given to inmates who participate in a community service project. In no event shall an inmate's decision to participate or not participate in a community service project have any bearing on the granting of good-time credit.

(1) In counties which have a county board of corrections, that board shall administer the community work force program and shall adopt and promulgate rules and regulations for such administration. In all other counties, the sheriff shall administer the program and adopt and promulgate the rules and regulations therefor. In counties in which the sheriff administers the program, the sheriff shall submit for approval the proposed rules and regulations to the district court and the county court for such county.

(2) Such rules and regulations shall address, but shall not be limited to, the factors to be considered in assigning an inmate to a community service project. Included among these factors shall be (a) the physical and mental abilities of the inmate, (b) the benefit to the public of having the inmate work on the community service project, (c) the security of the jail, (d) the safety of the general public, (e) the number and type of supervisory personnel necessary, and (f) the likelihood of an attempted escape. No inmate shall be asked to perform unreasonably hazardous work that would endanger the life or health of the inmate or others.

The Jail Standards Board shall, each January, and at such other time or times as it may deem necessary, prescribe written rules for the regulation and government of the municipal jails upon the subjects of (1) the cleanliness of the jail and prisoners, (2) the classification of prisoners in regard to sex, age, crime, and also persons with physical or mental disabilities, (3) beds, clothing, and diet, (4) warming, lighting, and ventilation of the jail, (5) the employment of medical and surgical aid, (6) the employment, temperance, and instruction of the prisoners, (7) the intercourse between prisoners and their attorneys and other persons, including access to telephones or videoconferencing as required by section 47-201.01, (8) the discipline of prisoners, (9) the keeping of records of the jail, and (10) any other matters concerning jails and their government as the board may deem necessary.

(1) Each city jail shall make available either a prepaid telephone call system or collect telephone call system, or a combination thereof, for telephone services for inmates. Under either system, the provision of inmate telephone services shall be subject to the requirements of this section.

(2) Under a prepaid system, funds may be deposited into an inmate account in order to pay for telephone calls. The provider of the inmate telephone services, as an additional means of payment, shall permit the recipient of inmate collect telephone calls to establish an account with that provider in order to deposit funds for advance payment of those collect telephone calls. The provider of the inmate telephone services shall also allow inmates to communicate on the telephone, or by videoconferencing, with an attorney or attorneys without charge and without monitoring or recording by the city jail or law enforcement.

(3) A city operating a city jail may receive revenue for the reasonable operating costs for establishing and administering such telephone services system or videoconferencing system, but shall not receive excessive commissions or bonus payments. In determining the amount of such reasonable operating costs, the Jail Standards Board may consider for comparative purposes the rates for inmate calling services provided in 47 C.F.R. part 64. Amounts in excess of the reasonable operating costs include, but are not limited to, any excessive commissions and bonus payments, as determined by the Jail Standards Board, including, but not limited to, awards paid to a city for contracting with an entity that provides such service.

(4) Nothing in this section shall require a city jail to provide or administer a prepaid telephone call system.

(5) For the purposes of this section, collect telephone call system means a system pursuant to which recipients are billed for the cost of an accepted telephone call initiated by an inmate.

The Jail Standards Board shall ensure that city jails are providing inmates with means to communicate by telephone or videoconferencing with inmates' families, loved ones, and counsel.

The Jail Standards Board shall cause a copy of the rules to be delivered to the mayor or chief officer of the municipalities, and it shall be the duty of such mayor or other chief officer to cause a copy of the same to be furnished to the person in charge of the prison or jail, to file a copy with the clerk of the municipality, and to further cause a copy to be conspicuously posted in the prison or jail.

The Jail Standards Board may, as it may deem proper, amend the rules, and such amended rules and their copies shall be disposed of in the same manner as provided in section 47-202.

The officer in charge of any municipal jail shall keep a written record which shall show the name of each person confined, the date of the commencement and termination of his or her confinement, the nature of the charge against him or her, and the medical service provided. Such officer shall keep such further records as may be prescribed by the rules of the Jail Standards Board. The records so kept shall be subject to the inspection of any person and to the public generally and shall be kept for such periods of time as may be prescribed by the rules of the State Records Administrator.

The officer in charge of any municipal jail shall on or before the first day of February of each year, for the preceding calendar year, and at such other times as he or she may be required by the Jail Standards Board, make out a written report and cause copies to be filed with the city clerk and the clerk of the district court of the county where such municipality is located. Such report shall contain a summary of the records required to be kept by the officer as provided in section 47-204 and such other data and matters as may be required by the Jail Standards Board.

The officer in charge of any municipal prison or jail who fails to comply with the provisions of sections 47-201 to 47-205 or the rules prescribed by the Jail Standards Board shall be guilty of a Class V misdemeanor.

For the purposes of Chapter 47, article 2, jail shall be defined to include a jail, house of correction, community residential center, work release center, halfway house, or other place of confinement of a person committed by any lawful authority to any suitable and appropriate residence, facility, center, or institution designated as a jail facility by the city.

The governing board of every city and village may employ at labor on the public streets and other public improvements, persons confined in the jail of such city or village, as the case may be, on account of conviction for violation of statutes or ordinances. The governing board shall prescribe rules and regulations governing employment and safekeeping, and determine what compensation, if any, such prisoners shall receive for their services.

(1) The county board of such county, and the mayor and council or legislative authorities of such incorporated city located within the county, are hereby authorized and empowered to unite in the construction and maintenance of a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of such prisoners. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

(2) Whenever such county and city may agree upon the location and specifications of the jail and land, they may each proceed to issue bonds, levy taxes, and do all other necessary acts to erect a jail building and to purchase land and erect buildings thereon, all to be owned jointly by both county and city aforesaid. Any such city shall have power to borrow money and pledge the credit and property thereof on its negotiable bonds or otherwise, for the purpose of paying for its portion of the cost of any such land, jail, or both, except that neither the county nor the city shall make any contracts or spend any funds toward carrying out the purposes specified, until authority for action by both shall have been obtained.

(3) When required by law, the question involved in the appropriations for the jail and the purchase of the land shall be submitted to a vote of the people of the county or city.

Whenever the county board and mayor and council or other legislative body in a city have voted to unite in the carrying out of any of the objects provided for in sections 47-302 to 47-308, both city and county shall be bound to continue the contract and operate and maintain the jail and land for the employment of prisoners, unless both agree to discontinue or abandon the same.

The county board of such county is authorized and empowered to construct and maintain a jail and purchase land for farm or other purposes for the employment of prisoners as hereinbefore provided. Such county may proceed in the manner provided by law for the erection of public buildings and the purchase of public property and issue bonds, levy taxes, secure land, and do all other necessary acts to erect a jail building and to acquire land by purchase, condemnation, or otherwise, and erect buildings thereon. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. When required by law, the question involved in the appropriation for such jail and the purchase of such land shall be submitted to a vote of the people of the county.

The city council or legislative authority of such incorporated city is hereby authorized and empowered to erect and maintain a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of prisoners. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. Such city shall have power to borrow money and pledge the credit and property thereof on its negotiable bonds or otherwise, for the purpose of paying for the cost of any such land, jail, or both.

Where such county and such city shall unite in the construction and maintenance of a jail, or in the purchase of land for farm or other purposes and erect public buildings thereon, the sheriff of such county or such other person as may be charged with the administrative direction of the jail and the chief police officer of such city shall jointly conduct and manage said jail for the detention of prisoners and said land for the employment of prisoners, except as otherwise provided by agreement between such county and city; Provided, where any such county or any such city shall build such jail or purchase such land independently of the other, such county or such city as does not own or manage a jail for the detention of prisoners, or land for the employment of prisoners, shall have the right to contract with the other for its use, with payment made as provided in any such contract.

Where such county and such city unite in the construction and maintenance of a jail and the purchase of land for employment of prisoners, the cost of maintenance shall be divided equally between the city and county except for the cost of providing the food for prisoners. The cost for prisoners charged with or found guilty of offenses against the general criminal laws of the state shall be provided by the county, and the cost for prisoners charged with or found guilty of violating ordinances of the city shall be provided by the city.

Where such county and city unite in the construction of a jail, the name of such jail shall be city and county jail, and when they unite in the purchase of land for the employment of prisoners, such place of detention shall be called detention farm.

(1) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

(a) Seeking employment;

(b) Working at his or her employment;

(c) Conducting such person's own business or other self-employed occupation, including housekeeping and attending to the needs of such person's family;

(d) Attending any high school, college, university, or other educational or vocational training program or institution;

(e) Serious illness or death of a member of such person's immediate family;

(f) Medical treatment;

(g) Outpatient or inpatient treatment for alcohol or substance abuse; or

(h) Engaging in other rehabilitative activities, including, but not limited to, attending a program or service provided at a reporting center.

(2) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving the sentence or a part of the sentence at a house of correction, community residential center, work release center, halfway house, or other place of confinement properly designated as a jail facility in accordance with this section and sections 15-259, 47-117, 47-207, and 47-409.

(3) Any person sentenced to or confined in a city or county jail upon conviction for a misdemeanor, a felony, contempt, or nonpayment of any fine or forfeiture or as the result of a custodial sanction imposed in response to a parole or probation violation may be granted the privilege of serving all or part of the sentence under house arrest. For purposes of this subsection, house arrest means restricting an offender to a specific residence except for authorized periods of absence for employment or for medical, educational, or other reasons approved by the court. House arrest may be monitored by electronic surveillance devices or systems.

The privilege of leaving the jail as set forth in section 47-401 shall be granted only by written order of the sentencing court, after conferring with the chief of police, county sheriff, or such other person as may be charged with the administrative direction of the jail, specifically setting forth the terms and conditions of the privilege granted. The prisoner may petition the court for such privilege at the time of sentencing, or thereafter, and, in the discretion of the court, may renew his or her petition. The court may withdraw the privilege at any time by written order entered with or without prior notice.

The court may endeavor to secure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, the court may collect the same, or require the prisoner to turn over his wages or salary in full when received, and the court shall keep a ledger showing the status of the account of each prisoner. Except when the prisoner returns to the employment he held at the time of his arrest, such employment shall not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services, and the rates of pay and other conditions of employment shall not be less than for work of similar nature in the locality in which the work is to be performed.

Every prisoner granted the privilege of leaving the jail as set forth in sections 47-401 to 47-411 shall be liable for such costs incident to his confinement as the court deems appropriate and reasonable, if such costs are specifically set forth in the order of the court granting the privilege pursuant to sections 47-401 to 47-411.

If necessarily absent from jail at mealtime, the prisoner shall, at his request, be furnished with an adequate meal to carry with him during his absence and the chief of police, county sheriff, or other governmental agency may provide for the transportation of prisoners released pursuant to sections 47-401 to 47-411. Such meals and transportation shall be considered as a cost incident to the confinement of the prisoner.

As soon as adequate funds are available in the prisoner's account in accordance with section 47-403, and to the extent of the funds in such account, the court shall, by written order, disburse such funds for the following purposes and in the following order of priority:

(1) The board of the prisoner;

(2) Necessary travel expense and other incidental expenses of the prisoner;

(3) Support of the prisoner's dependents, if any;

(4) Payment either in full or in part, of the prisoner's obligations acknowledged by him in writing, or which have been reduced to judgment; and

(5) The balance, if any, to the prisoner upon his discharge.

The court may arrange with the chief of police, sheriff, or such other person as may be charged with the administrative direction of the jail in a city or county other than the one in which the sentencing court is located for the employment of the prisoner in the other county, and for the prisoner while so employed to be in the custody of such sheriff or chief of police, but in all other respects to be and continue subject to the order of the sentencing court. If the prisoner was convicted in a court in another city or county, the court of record having jurisdiction may, at the request or with the concurrence of the sentencing court, make all determinations and orders under sections 47-401 to 47-411 as might otherwise be made by the sentencing court after the prisoner is received at the jail.

The chief of police, county sheriff, or such other person as may be charged with the administrative direction of a jail or jail facility may refuse to permit the prisoner to exercise his privilege to leave the jail or jail facility as provided in section 47-401 for any breach of discipline or other violation of jail regulations. Any such breach of discipline or other violation of jail regulations shall be reported to the sentencing court.

No prisoner employed or otherwise released as provided in sections 47-401 to 47-411, while working in such employment or at any time during his release, shall be deemed an agent, employee, or servant of the city, county or court having jurisdiction over the prisoner.

The willful failure of a prisoner to comply with the order of the court granting him the privilege of leaving the jail as provided by sections 47-401 to 47-411 or to return within the time set forth in such order shall be deemed an escape from custody punishable as provided by applicable municipal ordinances or state statutes.

The county board of corrections shall be responsible for the implementation of sections 47-502 and 47-503 in the county in which it serves. In counties which do not have a county board of corrections, the county sheriff shall be responsible for the implementation of sections 47-502 and 47-503.

Any person sentenced to or confined in a city or county jail, including any person serving a custodial sanction imposed in response to a parole or probation violation, shall, after the fifteenth day of his or her confinement, have his or her remaining term reduced one day for each day of his or her sentence or sanction during which he or she has not committed any breach of discipline or other violation of jail regulations.

(1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the criminal charge for which the jail term is imposed or as a result of conduct upon which such charge is based. Such credit shall include, but not be limited to, time spent in jail:

(a) Prior to trial;

(b) During trial;

(c) Pending sentence;

(d) Pending resolution of an appeal; and

(e) Prior to delivery of such person to the county board of corrections or, in counties which do not have a county board of corrections, the county sheriff.

(2) Credit to any person sentenced to a city or county jail who is eligible for credit pursuant to subsection (1) of this section shall be set forth as part of the sentence at the time such sentence is imposed.

Sections 47-619 to 47-634 shall be known and may be cited as the Community Corrections Act.

It is the intent of the Legislature that the Community Corrections Act:

(1) Provide for the development and establishment of community-based facilities and programs in Nebraska for adult offenders and encourage the use of such facilities and programs by sentencing courts and the Board of Parole as alternatives to incarceration or reincarceration, in order to reduce prison overcrowding and enhance offender supervision in the community; and

(2) Serve the interests of society by promoting the rehabilitation of offenders and deterring offenders from engaging in further criminal activity, by making community-based facilities and programs available to adult offenders while emphasizing offender culpability, offender accountability, and public safety and reducing reliance upon incarceration as a means of managing nonviolent offenders.

For purposes of the Community Corrections Act:

(1) Community correctional facility or program means a community-based or community-oriented facility or program which (a) is operated either by the state or by a contractor which may be a unit of local government or a nongovernmental agency, (b) may be designed to provide residential accommodations for adult offenders, (c) provides programs and services to aid adult offenders in obtaining and holding regular employment, enrolling in and maintaining participation in academic courses, participating in vocational training programs, utilizing the resources of the community to meet their personal and family needs, obtaining mental health, alcohol, and drug treatment, and participating in specialized programs that exist within the community, and (d) offers community supervision options, including, but not limited to, drug treatment, mental health programs, and day reporting centers;

(2) Director means the executive director of the Nebraska Commission on Law Enforcement and Criminal Justice;

(3) Division means the Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice;

(4) Nongovernmental agency means any person, private nonprofit agency, corporation, association, labor organization, or entity other than the state or a political subdivision of the state; and

(5) Unit of local government means a county, city, village, or entity established pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act.

The Legislature declares that the policy of the State of Nebraska is that there shall be a coordinated effort to (1) establish community correctional programs across the state in order to divert adult felony offenders from the prison system and (2) provide necessary supervision and services to adult felony offenders with the goal of reducing the probability of criminal behavior while maintaining public safety. To further such policy, the Community Corrections Division is created within the Nebraska Commission on Law Enforcement and Criminal Justice. The director shall appoint and remove employees of the division and delegate appropriate powers and duties to such employees.

The division shall:

(1) Collaborate with the Office of Probation Administration, the Division of Parole Supervision, and the Department of Correctional Services to develop and implement a plan to establish statewide operation and use of a continuum of community correctional facilities and programs;

(2) Develop, in consultation with the probation administrator and the Director of Supervision and Services of the Division of Parole Supervision, standards for the use of community correctional facilities and programs by the Nebraska Probation System and the parole system;

(3) Collaborate with the Office of Probation Administration, the Division of Parole Supervision, and the Department of Correctional Services on the development of additional reporting centers as set forth in section 47-624.01;

(4) Analyze and promote the consistent use of offender risk assessment tools;

(5) Educate the courts, the Board of Parole, criminal justice system stakeholders, and the general public about the availability, use, and benefits of community correctional facilities and programs;

(6) Enter into and administer contracts, if necessary, to carry out the purposes of the Community Corrections Act;

(7) In order to ensure adequate funding for substance abuse treatment programs, consult with the probation administrator and the Director of Supervision and Services of the Division of Parole Supervision and develop or assist with the development of programs as provided in subdivision (14) of section 29-2252 and subdivision (8) of section 83-1,102;

(8) Study substance abuse and mental health treatment services in and related to the criminal justice system, recommend improvements, and evaluate the implementation of improvements;

(9) Research and evaluate existing community correctional facilities and programs, within the limits of available funding;

(10) Develop standardized definitions of outcome measures for community correctional facilities and programs, including, but not limited to, recidivism, employment, and substance abuse;

(11) Report annually to the Legislature and the Governor on the development and performance of community correctional facilities and programs. The report submitted to the Legislature shall be submitted electronically. The report shall include, but not be limited to, the following:

(a) A description of community correctional facilities and programs currently serving offenders in Nebraska, which includes the following information:

(i) The target population and geographic area served by each facility or program, eligibility requirements, and the total number of offenders utilizing the facility or program over the past year;

(ii) Services, programs, assessments, case management, supervision, and tools provided for offenders at the facility, in the program, or under the supervision of a governmental agency in any capacity;

(iii) The costs of operating the facility or program and the cost per offender; and

(iv) The funding sources for the facility or program;

(b) The progress made in expanding community correctional facilities and programs statewide and an analysis of the need for additional community corrections services;

(c) An analysis of the impact community correctional facilities and programs have on the number of offenders incarcerated within the Department of Correctional Services; and

(d) The recidivism rates and outcome data for probationers, parolees, and problem-solving-court clients participating in community corrections programs;

(12) Grant funds to entities including local governmental agencies, nonprofit organizations, and behavioral health services which will support the intent of the act;

(13) Manage all offender data acquired by the division in a confidential manner and develop procedures to ensure that identifiable information is not released;

(14) Establish and administer grants, projects, and programs for the operation of the division; and

(15) Perform such other duties as may be necessary to carry out the policy of the state established in the act.

(1) The division shall collaborate with the Office of Probation Administration, the Division of Parole Supervision, and the Department of Correctional Services in developing a plan for the implementation and funding of reporting centers in Nebraska.

(2) The plan shall include recommended locations for at least one reporting center in each district court judicial district that currently lacks such a center and shall prioritize the recommendations for additional reporting centers based upon need.

(3) The plan shall also identify and prioritize the need for expansion of reporting centers in those district court judicial districts which currently have a reporting center but have an unmet need for additional reporting center services due to capacity, distance, or demographic factors.

The director shall develop and maintain a uniform crime data analysis system in Nebraska which shall include, but need not be limited to, the number of offenses, arrests, charges, probation admissions, probation violations, probation discharges, participants in specialized community corrections programs, admissions to and discharges from problem-solving courts, admissions to and discharges from the Department of Correctional Services, parole reviews, parole hearings, releases on parole, parole violations, and parole discharges. The data shall be categorized by statutory crime. The data shall be collected from the Board of Parole, the State Court Administrator, the Department of Correctional Services, the Division of Parole Supervision, the Office of Probation Administration, the Nebraska State Patrol, counties, local law enforcement, and any other entity associated with criminal justice. The division and the Supreme Court shall have access to such data to implement the Community Corrections Act.

(1) A sentencing judge may sentence an offender to probation conditioned upon community correctional programming.

(2) A sentence to a community correctional program or facility shall be imposed as a condition of probation pursuant to the Nebraska Probation Administration Act. The court may modify the sentence of an offender serving a sentence in a community correctional program in the same manner as if the offender had been placed on probation.

(3) The Office of Probation Administration shall utilize community correctional facilities and programs as appropriate.

(1) The Board of Parole may parole an offender to a community correctional facility or program pursuant to guidelines developed by the division.

(2) The Department of Correctional Services and the Division of Parole Supervision shall utilize community correctional facilities and programs as appropriate.

(1) The Community Corrections Uniform Data Analysis Cash Fund is created. Except as provided in subsections (2), (3), and (4) of this section, the fund shall be within the Nebraska Commission on Law Enforcement and Criminal Justice, shall be administered by the division, and shall only be used to support operations costs and analysis relating to the implementation and coordination of the uniform analysis of crime data pursuant to the Community Corrections Act, including associated information technology projects. The fund shall consist of money collected pursuant to section 47-633.

(2) Transfers may be made from the fund to the General Fund at the direction of the Legislature.

(3) The State Treasurer shall transfer the following amounts from the Community Corrections Uniform Data Analysis Cash Fund to the Violence Prevention Cash Fund:

(a) Two hundred thousand dollars on July 1, 2011, or as soon thereafter as administratively possible; and

(b) Two hundred thousand dollars on July 1, 2012, or as soon thereafter as administratively possible.

(4) The State Treasurer shall transfer the following amounts from the Community Corrections Uniform Data Analysis Cash Fund to the Nebraska Law Enforcement Training Center Cash Fund:

(a) Two hundred thousand dollars on July 1, 2017, or as soon thereafter as administratively possible; and

(b) Two hundred thousand dollars on July 1, 2018, or as soon thereafter as administratively possible.

(5) Any money in the Community Corrections Uniform Data Analysis Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

In addition to all other court costs assessed according to law, a uniform data analysis fee of one dollar shall be taxed as costs for each case filed in each county court, separate juvenile court, and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Community Corrections Uniform Data Analysis Cash Fund.

For a local entity to receive funds under the Community Corrections Act, the division shall ensure there is a local advisory committee made up of a broad base of community members concerned with the justice system. Submission of a detailed plan including a budget, program standards, and policies as developed by the local advisory committee shall be required as set forth by the division. Such funds shall be used for the implementation of the recommendations of the division, the expansion of sentencing options, the education of the public, the provision of supplemental community-based corrections programs, and the promotion of coordination between state and county community-based corrections programs.

(1) Notwithstanding any other provision of law, and except as provided in section 44-713, sections 47-701 to 47-705 shall govern responsibility for payment of the costs of medical services for any person ill, wounded, injured, or otherwise in need of such services at the time such person is arrested, detained, taken into custody, or incarcerated.

(2) For purposes of sections 47-701 to 47-705, the term medical services includes medical and surgical care and treatment, hospitalization, transportation, medications and prescriptions, and other associated items.

Primary responsibility for payment of the costs of medical services provided to individuals who are arrested, detained, taken into custody, or incarcerated shall be with the recipients of such services if the recipients are entitled to payment of or reimbursement for the costs of such medical services under the terms and provisions of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or another similar source as provided in subdivision (1) of this section. Providers of such medical services shall seek reimbursement from the following sources in the following order:

(1) From an insurer, a health maintenance organization, a preferred provider organization, or other similar source, if the recipient of medical services is entitled to payment of or reimbursement for the costs of such medical services under the terms and provisions of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or another similar source. This section does not extend or enlarge the liability of any such insurer, health maintenance organization, preferred provider organization, or other similar source, and no such insurer, health maintenance organization, preferred provider organization, or other similar source is responsible for paying or reimbursing any costs of medical services for which it is not otherwise responsible under the terms of the applicable policy, subscription, or agreement. Any individual who is entitled to payment or reimbursement for the costs of medical services under the terms of a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source shall cooperate with the providers of such services by making whatever applications, assignment, or other arrangements that are necessary in order to secure payment for the services provided; and

(2) From any other available source, including, when appropriate, the United States Department of Veterans Affairs, the Social Security Administration, the Department of Health and Human Services, or other similar source.

(1) Upon a showing that reimbursement from the sources enumerated in section 47-702 is not available, in whole or in part, the costs of medical services shall be paid by the appropriate governmental agency. Such payment shall be made within ninety days after such showing. For purposes of this section, a showing shall be deemed sufficient if a provider of medical services signs an affidavit stating that (a) in the case of an insurer, health maintenance organization, preferred provider organization, or other similar source, a written denial of payment has been issued or (b) in all other cases, efforts have been made to identify sources and to collect from those sources and more than one hundred eighty days have passed or the normal collection efforts are exhausted since the medical services were rendered but full payment has not been received. Such affidavit shall be forwarded to the appropriate governmental agency. In no event shall the provider of medical services be required to file a suit in a court of law or retain the services of a collection agency to satisfy the requirement of showing that reimbursement is not available pursuant to this section.

(2) In the case of medical services necessitated by injuries or wounds suffered during the course of apprehension or arrest, the appropriate governmental agency chargeable for the costs of medical services shall be the apprehending or arresting agency and not the agency responsible for operation of the institution or facility in which the recipient of the services is lodged. In all other cases, the appropriate governmental agency shall be the agency responsible for operation of the institution or facility in which the recipient of the services is lodged, except that when the agency is holding the individual solely for another jurisdiction, the agency may, by contract or otherwise, seek reimbursement from the other jurisdiction for the costs of the medical services provided to the individual being held for that jurisdiction.

(3) Except as provided in section 47-705, a governmental agency shall not be responsible for paying the costs of any medical services provided to an individual if such services are provided after he or she is released from the legal custody of the governmental agency or when the individual is released on parole.

(4) Any governmental agency requesting medical services for an individual who is arrested, detained, taken into custody, or incarcerated shall notify the provider of such services of (a) all information possessed by the agency concerning potential sources of payment and (b) the name of the appropriate governmental agency pursuant to subsection (2) of this section.

The costs of routine medical services provided in the ordinary course of the duties of regular staff of a jail, prison, or other similar holding or detention facility shall not be considered reimbursable under sections 47-701 to 47-705.

(1) Sections 47-701 to 47-704 do not release any governmental agency from liability for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual. Any recipient or provider of medical services or any insurer, health maintenance organization, preferred provider organization, or other similar source that may be responsible for the costs of medical services pursuant to sections 47-701 to 47-704 shall be entitled to reimbursement from the appropriate governmental agency for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the governmental agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual.

(2) Any person who denies medical services to any individual who is arrested, detained, taken into custody, or incarcerated, solely on the basis that the individual is without a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source of health insurance, is guilty of nonfeasance, shall be removed from his or her employment immediately, and shall be answerable in civil damages to the individual denied medical services.

(1) It is the intent of the Legislature to ensure that human services agencies, correctional facilities, and detention facilities recognize that:

(a) Federal law generally does not authorize federal financial participation for medicaid when a person is an inmate of a public institution as defined in federal law but that federal financial participation is available after an inmate is released from incarceration; and

(b) The fact that an applicant is currently an inmate does not, in and of itself, preclude the Department of Health and Human Services from processing an application submitted to it by, or on behalf of, the inmate.

(2)(a) Medical assistance under the medical assistance program shall be suspended, rather than canceled or terminated, for a person who is an inmate of a public institution if:

(i) The Department of Health and Human Services is notified of the person's entry into the public institution;

(ii) On the date of entry, the person was enrolled in the medical assistance program; and

(iii) The person is eligible for the medical assistance program except for institutional status.

(b) A suspension under subdivision (2)(a) of this section shall end on the date the person is no longer an inmate of a public institution.

(c) Upon release from incarceration, such person shall continue to be eligible for receipt of medical assistance until such time as the person is otherwise determined to no longer be eligible for the medical assistance program.

(3)(a) The Department of Correctional Services shall notify the Department of Health and Human Services:

(i) Within twenty days after receiving information that a person receiving medical assistance under the medical assistance program is or will be an inmate of a public institution; and

(ii) Within forty-five days prior to the release of a person who qualified for suspension under subdivision (2)(a) of this section.

(b) Local correctional facilities, juvenile detention facilities, and other temporary detention centers shall notify the Department of Health and Human Services within ten days after receiving information that a person receiving medical assistance under the medical assistance program is or will be an inmate of a public institution.

(4)(a) This subsection applies beginning July 1, 2023.

(b) For purposes of this section:

(i) Covered facility means:

(A) A facility as defined in section 83-170; and

(B) A county jail or adult correctional facility that is operated by a county, which county has a population of more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census; and

(ii) Inmate means a person who is an inmate of a covered facility for at least twenty-one consecutive days.

(c) For individuals who are inmates of a covered facility and have at least sixty days' prior notice of their anticipated release date:

(i) The Department of Health and Human Services shall provide onsite, telephonic, or live video medical assistance program enrollment assistance to each inmate at least sixty days before the inmate's release from a covered facility. The department shall submit each inmate's medical assistance program application at least forty-five days prior to the inmate's release from a covered facility unless the inmate elects not to apply for the medical assistance program in writing or the inmate is currently enrolled in the medical assistance program with suspended coverage under subsection (2) of this section; and

(ii) The Department of Health and Human Services shall process each inmate's medical assistance program application prior to the inmate's release from a covered facility such that medical assistance program coverage becomes effective for an eligible individual no later than the day of release from a covered facility.

(d) For individuals who are inmates of a covered facility and have less than sixty days' prior notice of their anticipated release date:

(i) The Department of Health and Human Services shall provide onsite, telephonic, or live video medical assistance program enrollment assistance to each inmate as soon as practicable prior to the inmate's release from a covered facility. The department shall submit each inmate's medical assistance program application as soon as practicable prior to the inmate's release from a covered facility unless the inmate elects not to apply for the medical assistance program in writing or the inmate is currently enrolled in the medical assistance program with suspended coverage under subsection (2) of this section; and

(ii) The Department of Health and Human Services shall process each inmate's medical assistance program application prior to the inmate's release from a covered facility such that medical assistance program coverage becomes effective for an eligible individual no later than the day of release from a covered facility or as soon as practicable thereafter.

(e) The Department of Health and Human Services may contract with certified third-party enrollment assistance providers to provide the enrollment assistance and application submission required by this subsection.

(f) The Department of Health and Human Services shall take all necessary actions to maximize federal financial participation pursuant to this subsection.

(5) Nothing in this section shall create a state-funded benefit or program.

(6) For purposes of this section, medical assistance program means the medical assistance program under the Medical Assistance Act and the State Children's Health Insurance Program.

(7) This section shall be implemented only if, and to the extent, allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained. The Department of Health and Human Services shall seek such approval if required.

(8) Local correctional facilities, the Nebraska Commission on Law Enforcement and Criminal Justice, and the Office of Probation Administration shall cooperate with the Department of Health and Human Services and the Department of Correctional Services for purposes of facilitating information sharing to achieve the purposes of this section.

(9)(a) The Department of Correctional Services shall adopt and promulgate rules and regulations, in consultation with the Department of Health and Human Services and local correctional facilities, to carry out this section.

(b) The Department of Health and Human Services shall adopt and promulgate rules and regulations, in consultation with the Department of Correctional Services and local correctional facilities, to carry out this section.

Sections 47-801 to 47-807 shall be known and may be cited as the Private Prison Contracting Act.

(1) The Department of Correctional Services is authorized to provide for incarceration, supervision, and residential treatment at facilities other than those operated by the Department of Correctional Services. Services offered for persons under the custody or supervision of the department are to include, but not be limited to, housing, treatment, medical and mental health services, work programs, education, and community corrections. Such services shall meet practices prescribed and established by the department for implementing such programs, including, but not limited to, practices concerning internal and perimeter security, discipline of inmates, educational and vocational training programs, employment of inmates, and proper food, clothing, housing, and medical care. Such services, if provided by private prison contractors, shall be contracted for as required by the Private Prison Contracting Act. All inmates incarcerated in a correctional institution operated under this subsection shall be treated in a reasonable and humane manner to the same extent as inmates incarcerated in a correctional institution operated by the department.

(2) The department is authorized to contract for the operation of correctional institutions of the department by private prison contractors. Such operation shall meet practices prescribed by the department, including, but not limited to, practices concerning internal and perimeter security, discipline of inmates, classification, educational and vocational training programs, and proper food, clothing, housing, transportation, and medical care. All inmates incarcerated in a correctional institution operated under this subsection shall be treated in a reasonable and humane manner to the same extent as inmates incarcerated in a correctional institution operated by the department. Contract requirements shall include, but not be limited to, the following:

(a) Drug testing of inmates as determined by the department;

(b) Compliance with all rules and regulations of the department;

(c) A requirement that the contractor report all crimes connected with the facility to the department, to local law enforcement agencies having jurisdiction of the facility, and, for a crime committed at a state institution, to the Nebraska State Patrol;

(d) A requirement that the facility be staffed at all times with a staffing pattern approved by the department and that failure to fill vacancies, as defined by the department, shall result in penalties as determined by the department;

(e) A requirement that all employees of the private prison contractor meet training requirements as determined by the department;

(f) Requirements relating to exercise of force and use of firearms as follows:

(i) Employees of a private prison contractor shall be allowed to use force and to exercise their powers and authority only (A) while on the grounds of an institution operated in whole or in part by their employer, (B) while transporting inmates, and (C) while pursuing escapees from an institution;

(ii) An employee of a private prison contractor shall be allowed to carry firearms if the private prison contractor and the employee meet all federal, state, and local requirements regarding the possession and carrying of firearms. Such employee shall only be allowed to use a firearm (A) to prevent an inmate's escape from a facility or from custody while being transported to or from a facility and (B) to prevent an act by an inmate which would cause death or serious bodily harm. For purposes of this subdivision, to prevent escape from a facility means to prevent an inmate from crossing the secure perimeter of a facility; and

(iii) Duly authorized persons who meet all the training and licensing requirements of the state where they are employed and who enter Nebraska for the purpose of transporting inmates of other states shall be authorized to use force while transporting and apprehending such inmates and shall be authorized to use deadly force under the circumstances as set forth in subdivision (ii) of this subdivision.

Subdivision (2)(f) of this section does not confer peace officer status on the private prison contractor or its employees or persons from other states and does not authorize the use of firearms, except in accordance with such subdivision;

(g) A provision that any offense which would be a crime if committed within a state or local correctional facility shall be a crime if committed in a facility operated by a private prison contractor; and

(h) A statement that the contract does not authorize, allow, or imply a delegation of authority or responsibility to any private prison contractor to perform any of the following:

(i) Calculating inmate release and parole eligibility dates;

(ii) Granting, denying, or revoking sentence credits;

(iii) Approving inmates for furloughs, work release, or parole; or

(iv) Approving the type of work inmates may perform or the wages or sentence credits which may be given the inmates engaging in such work.

(3) The department is authorized, only upon the condition that there is a need for more bed spaces when existing facilities are operating at maximum capacity of one hundred twenty-five percent, to seek approval for the construction of one or more correctional institutions of the department by private prison contractors.

(4) A comprehensive file for all private prison contractors interested in and capable of operating one or more correctional institutions of the department or providing for the housing, care, and control of inmates in a correctional facility owned and operated by the contractor shall be maintained by the department. The file shall include:

(a) A completed application form received from the private prison contractor;

(b) A resume of the private prison contractor's staff and capability;

(c) A completed performance evaluation form from past projects on which the contractor has provided private prison services;

(d) A list of past contracts with the state;

(e) A list of contracts to provide similar services to other states or to the United States; and

(f) The mailing address of each private prison contractor.

Any person or firm wishing to be a private prison contractor may request at any time to be included in the comprehensive file and shall be provided necessary forms within twenty days of the request, and the department shall add such contractor to the list within twenty days of receipt of a properly completed application. The department may solicit evaluation of work done by private prison contractors from members of the private sector, which evaluation shall be part of the comprehensive file.

(5) If the department intends to contract with a private prison contractor, subject to the requirements of subsection (3) of this section, all persons and firms included in the comprehensive file established pursuant to subsection (4) of this section shall be notified by mail of such intent. Such notification shall contain the following information:

(a) A description and the scope of the project;

(b) Estimated time schedule for the project;

(c) The final date for submitting to the Director of Correctional Services notice of interest in contracting; and

(d) Other pertinent data as determined by the department.

A private prison contractor desiring consideration shall meet the requirements of this section and, to be considered, shall submit a letter expressing interest in the project to the department within thirty days after the postmark date of the letter of notification mailed by the department. The contractor shall file an updated application form if requested by the department.

(6) The department shall define the scope of a proposed project, determine the various project components, phases, and timetables, and prepare detailed project descriptions to guide prospective contractors. Before the department awards a contract to a private prison contractor, the plans shall be approved by the Director of Correctional Services.

(7) The department shall review the files of the private prison contractors desiring consideration for the project. The review shall consider the requirements of the project, replies to inquiries to former clients of the private prison contractor, and the following factors to be determined from the comprehensive file:

(a) Specialized experience in the type of work contemplated;

(b) Capacity of the private prison contractor to accomplish the work in the required time; and

(c) Past performance, from the performance evaluation form.

(8) A full report of the evaluation procedures and recommendations of the department shall be prepared by the department and submitted to the director for his or her independent review of the entire process.

(9)(a) The department shall select the private prison contractor whose qualifications and project proposal most substantially meet the criteria of the project description.

(b) The department shall execute the contract with the selected contractor, which contract shall include a fair and reasonable fee.

(c) The negotiated scope and fee shall be reported to the director for his or her approval of the award of the contract.

(10) The Department of Administrative Services shall assist the Department of Correctional Services in implementing the contracting procedures provided for in this section. The Department of Administrative Services may have a representative at any meeting involving negotiations of a contract between the Department of Correctional Services and a private prison contractor. Before submission of the proposed contract to the Governor, and prior to the date as of which the proposed contract is executed by the Department of Correctional Services, the Attorney General and the Director of Administrative Services shall review the proposed final version of the contract. The Attorney General and the Director of Administrative Services shall, within fifteen days after receipt of the proposed final version of the contract, either disapprove the contract or approve and execute the contract. If either the Attorney General or the Director of Administrative Services has objections to the proposed contract, the objections shall be communicated in writing to the Department of Correctional Services. The Department of Correctional Services shall take appropriate action regarding the objections and shall resubmit the proposed contract for additional review. The Attorney General and the Department of Administrative Services shall have an additional fifteen-day period to approve and execute the proposed contract. Failure of either the Attorney General or the Director of Administrative Services to act within the fifteen-day period shall constitute approval of the respective official to the proposed final version of the contract. The contract shall contain a separate signature block or line for signatures by the Attorney General and the Director of Administrative Services. The contract shall contain a statement to be executed by the Attorney General and the Director of Administrative Services that each one of them has reviewed the proposed contract for compliance with this section and all other applicable provisions of law and that the contract conforms to those requirements. Neither the private prison contractor nor the Director of Correctional Services shall execute the contract until the document has been executed by the Attorney General and the Director of Administrative Services as required by this subsection unless the approval of the Attorney General or the Director of Administrative Services is the result of failure to take action within the fifteen-day period prescribed by this subsection.

(11) The Director of Administrative Services may lease real property and improvements on such property to a private prison contractor in conjunction with a contract for private management of a state correctional institution located or to be built on the property. The lease may be entered into for a two-year term renewable at the sole option of the State of Nebraska.

(12) A contract awarded to a private prison contractor pursuant to this section shall be entered into for a period specified in each contract, subject to availability of funds annually appropriated by the Legislature for that purpose. No contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year.

(13) No contract authorized pursuant to this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the Department of Correctional Services:

(a) That the contractor possesses the necessary qualifications and experience to provide the services specified in the contract;

(b) That the contractor can provide the necessary qualified personnel to implement the terms of the contract;

(c) That the financial condition of the contractor is such that the terms of the contract can be fulfilled; and

(d) That the contractor has the ability to comply with applicable court orders and corrections practices.

(14) No contract authorized pursuant to this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the Department of Correctional Services that the contractor can obtain insurance or provide self-insurance to compensate the state for any property damage or expenses incurred due to the operation of prison facilities and can indemnify the state against possible lawsuits arising from the operation of prison facilities by the private prison contractor.

(15) A private prison contractor shall not be bound by state laws or other legislative enactments governing the appointment, duties, salaries, or benefits of wardens, superintendents, or other correctional employees, except that any personnel authorized to carry and use firearms shall comply with the certification standards required by law and be authorized to use firearms only to prevent a felony, to prevent escape from custody, or to prevent an act which would cause death or serious bodily injury to the personnel or to another person.

(16) Any offense which would be a crime if committed within a state correctional institution also shall be a crime if committed in an institution or facility operated by a private prison contractor.

(17) The Director of Correctional Services or his or her designee shall monitor and evaluate the performance of the private prison contractor. Monitoring and evaluation to be considered comprehensive shall include, but not be limited to:

(a) The request for proposal process, bid process, and construction and contract phases;

(b) Compliance with the contract, including the provision of essential services;

(c) Compliance with performance criteria, including American Correctional Association accreditation standards, and penalties for noncompliance;

(d) Unlimited and unrestricted access to all parts of the facility with or without notice and all reports and records of the facility except the contractor's financial records;

(e) Authority to enforce compliance, including authorization to impose a fine on the contractor for the contractor's failure to perform its contractual duties or authority to cancel the contract if appropriate; and

(f) Reports by the contractor on compliance or performance measures, including, but not limited to, significant incidents as determined by the Department of Correctional Services.

(1) The Department of Correctional Services shall develop criteria for the process by which a contractor for the construction or operation, or both, of a private prison is to be awarded a contract. The criteria shall be subject to approval by the Director of Correctional Services. The criteria for selection of a site for a proposed facility to be constructed or operated, or both, by a private prison contractor shall include, but shall not be limited to, the availability of medical services, support services, and transportation services and the availability of potential employees who would be qualified to perform required functions at a state correctional facility.

(2) Any contract between the department and a private prison contractor pursuant to which the private prison contractor provides for the housing, care, and control of inmates in a nondepartmental facility operated by the private prison contractor shall contain, in addition to other provisions, the following terms and conditions:

(a) Requiring the private prison contractor to provide such services in a facility which meets accreditation standards established by the American Correctional Association;

(b) Requiring the contractor to receive and maintain accreditation for the facility from the American Correctional Association within two years after commencement of operations of the facility;

(c) Requiring the Department of Correctional Services to determine where the facility is to be located and to obtain written authorization from the appropriate municipality or the county board of the county in which the facility is to be located; and

(d) Granting the department the option at the beginning of each fiscal year, pursuant to an agreement, to purchase any such facility, with or without inventory or other personal property, at a predetermined price which shall be negotiated and included in a schedule or a formula to be contained in the original agreement.

(3) A private prison contractor proposing to enter a contract with the department for construction or operation, or both, of a correctional facility pursuant to this section shall demonstrate:

(a) The qualifications and the operations and management experience to carry out the terms of the contract; and

(b) The ability to comply with the standards of the American Correctional Association and with specific court orders.

(4) In addition to meeting the requirements specified in the request for proposals, a proposal for the construction and operation of a correctional facility shall:

(a) Provide for regular, onsite monitoring by the department;

(b) Acknowledge that payment by the state is subject to the availability of appropriations;

(c) Provide for payment of a maximum amount per fiscal year;

(d) Provide for meeting performance criteria or be subject to penalties;

(e) Demonstrate a cost benefit to the State of Nebraska when compared to the level and quality of programs provided by state correctional facilities that have similar types of inmates at an operational cost not more than the cost of housing inmates in similar facilities and providing similar programs to those types of inmates in state-operated facilities. The department shall be responsible for determining the costs and benefits of the proposal;

(f) Permit the state to terminate the contract for cause;

(g) Contain a per diem operational cost per inmate for the initial year of operations;

(h) Subject to appropriations, provide that cost adjustments may be made only once each fiscal year, to take effect at the beginning of the next fiscal year using as the maximum percentage increase, if any, an increase not to exceed the previous year's Consumer Price Index for All Urban Consumers as prepared by the United States Department of Labor, Bureau of Labor Statistics;

(i) Have an initial contract term of not more than two years, with an option to renew;

(j) If the proposal includes construction of a facility, contain necessary bonds and performance conditions approved by the department that are adequate and appropriate for the proposed contract;

(k) Provide for assumption of liability by the private prison contractor for all claims arising from the services performed under the contract by the private prison contractor;

(l) Provide for an adequate plan of insurance for the private prison contractor and its officers, employees, and agents against all claims, including claims based on violations of civil rights arising from the services performed under the contract by the private prison contractor;

(m) Provide for an adequate plan of insurance to protect the state against all claims arising from the services performed under the contract by the private prison contractor and to protect the state from actions by a third party against the private prison contractor, its officers, employees, and agents as a result of the contract;

(n) Provide plans for the purchase and assumption of operations by the state in the event of the bankruptcy of the private prison contractor; and

(o) Contain comprehensive standards for conditions of confinement.

(5) At the end of each fiscal year, the department shall determine the average daily cost per inmate for the operational costs at each major category of correctional facility. There shall be a separate computation of the average daily rate for medium security, minimum security, and community corrections facilities.

(6) If no proposals conform to the established criteria, the department shall prepare an additional request for proposals. The department shall evaluate the proposals within thirty days after receipt from the prospective private prison contractors. The department shall specifically determine whether a proposal meets the requirements of subdivision (4)(e) of this section by comparing the daily rate for housing and care of inmates pursuant to any proposed contract with a private prison contractor to the daily rate for housing and care of inmates at the comparable type of facility operated by the department. The department shall evaluate proposals taking into account any direct or indirect costs that would continue to be paid by the department, including, but not limited to, transportation, records management, discipline, general administration, management of inmate trust funds, and major medical coverage. Such costs shall be added to the proposed per diem of the private prison contractor when comparing the total per diem costs of facilities operated by the state.

(7) If the department proposes to enter into a contract for the construction or the operation, or both, of a private prison, the department shall compare both the capital costs and the operating costs for the facility to the imputed capital costs and the projected operating costs of a comparable facility constructed and operated by the department.

(8) A selection committee shall be established and shall deliver to the Director of Correctional Services a list containing the top three qualified prospective private prison contractors identified pursuant to this section together with the information reviewed and analyzed by the department during analysis of the proposals as required by this section. The director shall evaluate the information provided and shall make a final decision selecting the contractor within thirty days after receipt of the list and the information.

(9) Any contract subject to this section entered into by the Department of Correctional Services shall be subject to the approval of the Governor.

(1) The Department of Correctional Services shall develop criteria for selection of a site upon which to construct the correctional facilities. The criteria shall include, but shall not be limited to, the availability of medical services, support services, and transportation services, the availability of potential employees who would be qualified to perform required functions at a state correctional facility, and any benefits of incentives offered by the applicant. The criteria shall be subject to approval by the Director of Correctional Services.

(2) The department shall establish a process for requesting proposals to construct a correctional facility built with the funds authorized.

(3) Proposals shall be submitted not later than sixty days after receipt of the request for proposals. The department shall identify the proposals meeting the criteria approved pursuant to subsection (1) of this section within sixty days after receipt of the proposals. The department shall identify by appropriate review and analysis the proposals submitted and shall select a maximum of three proposals which conform to the criteria set out in subsection (1) of this section and shall forward the proposals meeting criteria to the director.

(4) Any plans developed pursuant to the process for selection of a private prison contractor for construction of a facility authorized under the Private Prison Contracting Act shall become the nonexclusive property of the State of Nebraska as a condition of the award of the final contract for construction of the facility. The State of Nebraska shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects for site adaptation for buildings, structures, or both, for use by the department.

(5) The department shall be responsible for any changes or updates of such plans for construction of any additional correctional facility constructed using the plans described in subsection (4) of this section.

(6) If the department requires architectural, engineering, or other consulting services in addition to those services authorized by this section, the department shall be authorized to enter into a contract with any architect or engineer or for other necessary services, as may be required in order to adapt existing plans for new sites for additional correctional facilities. The costs of any such services shall be paid by the department.

A private prison contractor shall not accept or house federal inmates or inmates from another state.

The Private Prison Contracting Act does not authorize a county or other political subdivision to enter into a contract with a private prison contractor to construct or operate a correctional facility within or on behalf of such county or other political subdivision.

The Department of Correctional Services shall adopt and promulgate rules and regulations to carry out the Private Prison Contracting Act.

Sections 47-901 to 47-920 shall be known and may be cited as the Office of Inspector General of the Nebraska Correctional System Act.

(1) It is the intent of the Legislature to:

(a) Establish a full-time program of investigation and performance review to provide increased accountability and oversight of the Nebraska correctional system;

(b) Assist in improving operations of the department and the Nebraska correctional system;

(c) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the supervision and release of persons in the Nebraska correctional system. A lack of responsibility and accountability between individuals and private agencies in the current system make it difficult to monitor and oversee the Nebraska correctional system; and

(d) Provide a process for investigation and review in order to improve policies and procedures of the correctional system.

(2) It is not the intent of the Legislature in enacting the Office of Inspector General of the Nebraska Correctional System Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under his or her administrative direction.

For purposes of the Office of Inspector General of the Nebraska Correctional System Act, the following definitions apply:

(1) Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency;

(2) Department means the Department of Correctional Services;

(3) Director means the Director of Correctional Services;

(4) Division of Parole Supervision means the division created pursuant to section 83-1,100;

(5) Inspector General means the Inspector General of the Nebraska Correctional System appointed under section 47-904;

(6) Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty;

(7) Management means supervision of subordinate employees;

(8) Misfeasance means the improper performance of some act that a person may lawfully do;

(9) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;

(10) Office means the office of Inspector General of the Nebraska Correctional System and includes the Inspector General and other employees of the office;

(11) Private agency means an entity that contracts with the department or contracts to provide services to another entity that contracts with the department; and

(12) Record means any recording in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records.

(1) The office of Inspector General of the Nebraska Correctional System is created within the office of Public Counsel for the purpose of conducting investigations, audits, inspections, and other reviews of the Nebraska correctional system. The Inspector General shall be appointed by the Public Counsel with approval from the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department shall be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During his or her employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as he or she deems necessary to carry out the duties of the office within the amount available by appropriation through the office of Public Counsel for the office of Inspector General of the Nebraska Correctional System. The Inspector General shall be subject to the control and supervision of the Public Counsel, except that removal of the Inspector General shall require approval of the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.

(1) The office shall investigate:

(a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of the department by an employee of or a person under contract with the department or a private agency; and

(b) Death or serious injury in private agencies, department correctional facilities, and other programs and facilities licensed by or under contract with the department. The department shall report all cases of death or serious injury of a person in a private agency, department correctional facility or program, or other program or facility licensed by the department to the Inspector General as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases of the death or serious injury of an employee when acting in his or her capacity as an employee of the department as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases when an employee is hospitalized in response to an injury received when acting in his or her capacity as an employee of the department as soon as reasonably possible after the department learns of such hospitalization. For purposes of this subdivision, serious injury means an injury which requires urgent and immediate medical treatment and restricts the injured person’s usual activity.

(2) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to sections 23-1821 to 23-1823.

(3) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys shall cooperate with any investigation conducted by the Inspector General and shall, immediately upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation. All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity. Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of the Nebraska Correctional System Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section. Law enforcement agencies and prosecuting attorneys shall, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. If the Inspector General in conjunction with the Public Counsel determines it appropriate, the Inspector General may, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution.

(1) The office shall have access to all information and personnel necessary to perform the duties of the office.

(2) A full investigation conducted by the office shall consist of retrieval of relevant records through subpoena, request, or voluntary production, review of all relevant records, and interviews of all relevant persons.

(1) Complaints to the office may be made in writing. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department by an employee of or a person under contract with the department or a private agency. All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department;

(b) The complaint is against a person within the jurisdiction of the office; and

(c) The allegations can be independently verified through investigation.

(3) The Inspector General shall determine within fourteen days after receipt of a complaint whether the office will conduct a full investigation.

(4) When a full investigation is opened on a private agency that contracts with the department, the Inspector General shall give notice of such investigation to the department.

All employees of the department, all employees of the Division of Parole Supervision, and all owners, operators, managers, supervisors, and employees of private agencies shall cooperate with the office. Cooperation includes, but is not limited to, the following:

(1) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any statute, rule, or regulation if done in good faith for purposes of an investigation under the Office of Inspector General of the Nebraska Correctional System Act;

(2) Fair and honest disclosure of records and information reasonably requested by the office in the course of an investigation under the act;

(3) Encouraging employees to fully comply with reasonable requests of the office in the course of an investigation under the act;

(4) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;

(5) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;

(6) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and

(7) Not willfully interfering with or obstructing the investigation.

Failure to cooperate with an investigation by the office may result in discipline or other sanctions.

The Inspector General may issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry. A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned.

(1) In conducting investigations, the office shall access all relevant records through subpoena, compliance with a request by the office, and voluntary production. The office may request or subpoena any record necessary for the investigation from the department or a private agency that is pertinent to an investigation. All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(2) Compliance with a request of the office includes:

(a) Production of all records requested;

(b) A diligent search to ensure that all appropriate records are included; and

(c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request.

(3) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt department programs or services. When advance notice to an administrator or his or her designee is not provided, the office investigator shall, upon arrival at the departmental office, bureau, or division or private agency, request that an onsite employee notify the administrator or his or her designee of the investigator's arrival.

(4) When circumstances of an investigation require, the office may make an unannounced visit to a departmental office, bureau, or division, a department correctional facility, or a private agency to request records relevant to an investigation.

(5) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the office, bureau, division, private agency, or department correctional facility to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured; and

(d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(6) The office shall permit a responsible individual, an administrator, or an employee of a departmental office, bureau, or division, a private agency, or a department correctional facility to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(7) The office shall present to the responsible individual or the administrator or other employee of the departmental office, bureau, or division, private agency, or department correctional facility a copy of the request, stating the date and the titles of the records received.

(8) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten working days after the date of the compliance request.

(9) All investigations conducted by the office shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.

(2) The office shall redact confidential information before distributing a report of an investigation. The office may disclose confidential information to the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Public Counsel, desirable to keep the chairperson informed of important events, issues, and developments in the Nebraska correctional system.

(3)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.

(b) Such report shall be released only:

(i) After a disclosure is made to the chairperson pursuant to subsection (2) of this section; and

(ii) If a determination is made by the Inspector General with the chairperson that doing so would be in the best interest of the public.

(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council may be asked to make the final decision.

(4) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.

(5) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of the Nebraska Correctional System Act.

The department shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the department in connection with administration of the Nebraska correctional system, except that the Public Counsel's and Inspector General's access to an inmate's medical or mental health records shall be subject to the inmate's consent.

(1) The Inspector General's report of an investigation shall be in writing to the Public Counsel and shall contain recommendations. The report may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of employees or for sanctions against a private agency. All recommendations to pursue discipline shall be in writing and signed by the Inspector General. A report of an investigation shall be presented to the director within fifteen days after the report is presented to the Public Counsel.

(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.

(3) A report that identifies misconduct, misfeasance, malfeasance, violation of statute, or violation of rules and regulations by an employee of the department or a private agency that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer may not further distribute the report or any confidential information contained in the report.

(1) Within fifteen days after a report is presented to the director under section 47-914, he or she shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The Inspector General, with input from the Public Counsel, may consider the director's request for modifications but is not obligated to accept such request. Such report shall become final upon the decision of the director to accept or reject the recommendations in the report or, if the director requests modifications, within fifteen days after such request or after the Inspector General incorporates such modifications, whichever occurs earlier.

(2) Within fifteen days after the report is presented to the director, the report shall be presented to the private agency or other provider of correctional services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within forty-five days after receipt of the report, the private agency or other provider may submit a written response to the office to correct any factual errors in the report. The Inspector General, with input from the Public Counsel, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen days after receipt of the written response.

(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section or if the corrected report does not address all issues raised in the written response, the private agency or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.

No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of his or her staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within his or her official cognizance except in a proceeding brought to enforce the Office of Inspector General of the Nebraska Correctional System Act.

The Office of Inspector General of the Nebraska Correctional System Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Public Counsel, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska correctional system. If the Inspector General determines that he or she will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.

On or before September 15 of each year, the Inspector General shall provide to each member of the Judiciary Committee of the Legislature, the Governor, and the Clerk of the Legislature a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. The summary provided to the Clerk of the Legislature shall be provided electronically. The summaries shall include recommendations and an update on the status of recommendations made in prior summaries, if any. The recommendations may address issues discovered through investigations, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska correctional system, (2) improve operations of the department and the Nebraska correctional system, (3) deter and identify fraud, abuse, and illegal acts, and (4) identify inconsistencies between statutory requirements and requirements for accreditation. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

The Division of Parole Supervision shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained in connection with administration of the Nebraska parole system, except that access for the Public Counsel and the Inspector General to a parolee's medical or mental health records shall be subject to the parolee's consent.

Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:

(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of the Nebraska Correctional System Act;

(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or

(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to an investigation by the office.

Sections 47-1001 to 47-1007 shall be known and may be cited as the Healthy Pregnancies for Incarcerated Women Act.

The Legislature finds and declares:

(1) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy;

(2) The majority of female prisoners and detainees in Nebraska are nonviolent offenders;

(3) Restraining prisoners and detainees increases their potential for physical harm from an accidental trip or fall. The impact of such harm to a pregnant woman can negatively impact her pregnancy;

(4) Freedom from physical restraints is especially critical during labor, delivery, and postpartum recovery after delivery. Women often need to move around during labor and recovery, including moving their legs as part of the birthing process. Restraints on a pregnant woman can interfere with medical staff's ability to appropriately assist in childbirth or to conduct sudden emergency procedures; and

(5) The Federal Bureau of Prisons, the United States Marshals Service, the American Correctional Association, the American College of Obstetricians and Gynecologists, the American Medical Association, and the American Public Health Association all oppose or severely limit the routine shackling of women during labor, delivery, and postpartum recovery because it is unnecessary and dangerous to a woman's health and well-being and creates an unnecessary risk to the baby during birth.

For the purposes of the Healthy Pregnancies for Incarcerated Women Act:

(1) Administrator means the Director of Correctional Services, the sheriff or other person charged with administration of a jail, or any other official responsible for the administration of a detention facility;

(2) Detainee includes any adult or juvenile female detained under the immigration laws of the United States at any detention facility;

(3) Detention facility means any:

(a) Facility operated by the Department of Correctional Services;

(b) City or county jail;

(c) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or

(d) Any other entity or institution operated by the state, a political subdivision, or a combination of political subdivisions for the careful keeping or rehabilitative needs of prisoners or detainees;

(4) Labor means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;

(5) Postpartum recovery means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth;

(6) Prisoner means any adult or juvenile incarcerated or detained in any detention facility and includes, but is not limited to, any adult or juvenile who is accused of, convicted of, sentenced for, or adjudicated for violations of criminal law or the terms and conditions of parole, probation, pretrial release, post-release supervision, or a diversionary program; and

(7) Restraints means any physical restraint or mechanical device used to control the movement of a prisoner or detainee's body or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield.

(1) A detention facility shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, delivery, or postpartum recovery or during transport to a medical facility or birthing center, unless the administrator makes an individualized determination that there are extraordinary circumstances as described in subsection (2) of this section.

(2) Restraints for an extraordinary circumstance are only permitted if the administrator makes an individualized determination that there is a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee known to be pregnant, the staff of the detention facility or medical facility, other prisoners or detainees, or the public, except that:

(a) If the doctor, nurse, or other health professional treating the prisoner or detainee known to be pregnant requests that restraints not be used, any detention facility employee accompanying the prisoner or detainee shall immediately remove all restraints;

(b) Under no circumstances shall leg or waist restraints be used on the prisoner or detainee known to be pregnant unless the prisoner or detainee presents an immediate and serious risk of harm or a substantial and immediate flight risk; and

(c) Under no circumstances shall any restraints be used on any prisoner or detainee in labor or during childbirth unless the prisoner or detainee presents an immediate and serious risk of harm or a substantial and immediate flight risk.

(3) Upon a prisoner's or detainee's admission to a medical facility or birthing center for labor or childbirth, no detention facility employee shall remain present in the room during labor or childbirth unless specifically requested or approved by medical personnel. A detention facility employee may ask medical personnel to allow such employee to remain present. If a detention facility employee's presence is requested or approved by medical personnel, the employee shall, if practicable, be female.

(4) If a prisoner or detainee known to be pregnant is transported to a medical facility or birthing center and restraints are used, the administrator of the detention facility shall inform the relevant staff at the medical facility or birthing center of the risks and dangers of removing the restraints from the specific prisoner or detainee.

(5) If restraints are used on a prisoner or detainee known to be pregnant pursuant to subsection (2) of this section:

(a) The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and

(b) The administrator shall make written findings within ten days as to the extraordinary circumstances that dictated the use of the restraints. These findings shall be kept on file by the detention facility for at least five years and be made available for public inspection, except that no individually identifying information of the prisoner or detainee shall be made public under this section without the prisoner's or detainee's prior written consent.

Any prisoner or detainee restrained in violation of the Healthy Pregnancies for Incarcerated Women Act may file a civil action which shall be pursued as a tort claim under the Political Subdivisions Tort Claims Act or the State Tort Claims Act.

(1) On or before October 1, 2019, each detention facility in this state shall adopt and promulgate rules and regulations to carry out the Healthy Pregnancies for Incarcerated Women Act. A detention facility may also adopt and promulgate such rules and regulations developed by the Jail Standards Board or the Nebraska Commission on Law Enforcement and Criminal Justice. Such rules and regulations shall be included in any handbook for prisoners or detainees.

(2) On and after October 1, 2019, a detention facility shall inform each prisoner or detainee of the rules and regulations adopted and promulgated under this section upon admission to the detention facility.

(3) On or before November 1, 2019, a detention facility shall inform any prisoner or detainee in custody of the detention facility, who has not previously been informed, of the rules and regulations adopted and promulgated under this section.

On or before June 1, 2020, and each June 1 thereafter, each administrator of a detention facility shall submit a report describing any use of restraints on a pregnant prisoner or detainee in the preceding calendar year. The Director of Correctional Services shall submit such report to the Inspector General of the Nebraska Correctional System. An administrator of a detention facility operated by a political subdivision shall submit such report to the Jail Standards Board. The report shall not contain individually identifying information of any prisoner or detainee. Such reports shall be made available for public inspection.

(1) For purposes of this section:

(a) Detention facility means any:

(i) Facility operated by the Department of Correctional Services;

(ii) City or county jail;

(iii) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or

(iv) Any other entity or institution operated by the state, a political subdivision, or a combination of political subdivisions for the careful keeping or rehabilitative needs of prisoners or detainees; and

(b) Prisoner means any adult or juvenile incarcerated or detained in any detention facility and includes, but is not limited to, any adult or juvenile who is accused of, convicted of, sentenced for, or adjudicated for violations of criminal law or the terms and conditions of parole, probation, pretrial release, post-release supervision, or a diversionary program.

(2) If any female prisoner in a detention facility needs a feminine hygiene product, the detention facility shall supply such product to the prisoner free of charge.

Sections 47-1101 to 47-1119 shall be known and may be cited as the Community Work Release and Reentry Centers Act.

(1) The Legislature finds that studies have shown that post-prison outcomes tend to be better for committed offenders who participate in work release programs prior to discharge from custody. Specifically, findings indicate that committed offenders who participated in work release programs had a higher likelihood of obtaining post-release employment within the first calendar quarter after release and also had a significantly lower rate of recidivism than committed offenders who did not participate in work release programs prior to discharge from custody. In addition, studies indicate that committed offenders who participated in privately operated work release programs were significantly more likely to become employed after release.

(2) In light of these findings, and in order to give the Board of Parole and the Department of Correctional Services additional options for the placement of committed offenders, it is the intent of the Legislature:

(a) To increase the number of committed offenders in the Nebraska correctional system who are exposed to work release prior to discharge from custody; and

(b) To do so in settings that also offer therapy, programming, treatment, vocational training, and educational classes.

(3) To achieve these goals, the purpose of the Community Work Release and Reentry Centers Act is to empower the Division of Parole Supervision and the Department of Correctional Services to contract with private providers to establish community work release and reentry centers at various locations throughout the State of Nebraska.

For purposes of the Community Work Release and Reentry Centers Act:

(1) Advisory board means the Reentry Continuity Advisory Board established in section 47-1117;

(2) Board means the Board of Parole;

(3) Committed offender has the same meaning as in section 83-170;

(4) Community work release and reentry center or center means a residential home, halfway house, or other facility operated by a private provider pursuant to an agreement in writing either with the division or the department for providing housing and supervision of committed offenders placed in the center by the division for work release and for vocational training, education, programming, or behavioral health or mental health treatment;

(5) Department means the Department of Correctional Services;

(6) Division means the Division of Parole Supervision;

(7) Individualized release plan means a detailed written plan outlining a committed offender's future vocational goals, training, employment, and needed treatment services following the committed offender's release from a community work release and reentry center;

(8) Private provider means a partnership, corporation, association, joint venture, organization, or similar entity which is operated on a nonprofit basis and which, under a contract with either the division or the department, has agreed to operate a community work release and reentry center pursuant to the act;

(9) Probation administration means the Office of Probation Administration;

(10) Reentering person means an individual who is subject to supervision by the division or probation administration, not including juvenile probation, or who was recently in the custody of the department or a county jail and was released with no supervision;

(11) Reentry housing means temporary housing for reentering persons, generally in the first year following a period of incarceration; and

(12)(a) Reentry housing facility means a facility which is owned or operated by a private organization, whether nonprofit or for-profit, that receives direct payment from the board, division, probation administration, or department to provide reentry housing.

(b) Reentry housing facility includes, but is not limited to, a community work release and reentry center.

(c) Reentry housing facility does not include a health care facility as defined in section 71-413.

(1) The division may place a parole-eligible committed offender at a community work release and reentry center as provided in the Community Work Release and Reentry Centers Act.

(2) Any parole-eligible committed offender placed at a community work release and reentry center pursuant to the act:

(a) Shall be under the continuing jurisdiction and authority of the department and board as if the committed offender was selected for release on ordinary parole status as provided for in section 83-192; and

(b) May be subsequently released by the board on ordinary parole status as provided for in section 83-192.

(3) The department may place a committed offender whose sentence includes a term of post-release supervision and who is within three years of his or her release date at a community work release and reentry center as provided in the act. Any such committed offender placed at a center shall be under the continuing jurisdiction and authority of the department.

(1) The division and the department may exercise all powers and perform all duties necessary and proper for carrying out their responsibilities under the Community Work Release and Reentry Centers Act.

(2) The division and the department may use designated funds provided by the Legislature to enter into agreements with private providers for the development and operation of community work release and reentry centers to be established at various locations throughout the state. Any such agreement shall require a private provider to:

(a) Establish a contract with public or private employers to provide employment for committed offenders placed at the center;

(b) Assist any committed offender placed at the center to obtain and maintain employment in the community;

(c) Provide vocational training, education, programming, and treatment for issues related to the criminogenic needs of any committed offender placed at the center; and

(d) Otherwise direct and supervise the activities and behavior of any committed offender placed at the center as provided in the act.

(3) In an agreement under this section, the division or the department may include contractual requirements that obligate the private provider to offer to any committed offender placed at the center:

(a) Specialized educational or vocational training; and

(b) Other programming that will address the mental health, behavioral health, or substance abuse treatment needs of such committed offender.

(4) An agreement under this section shall require the community work release and reentry center to establish programs, rules, and enforcement systems:

(a) Regarding the behavior of committed offenders;

(b) To ensure that committed offenders seek and retain continuous employment;

(c) For the treatment of committed offenders for substance abuse;

(d) To ensure that committed offenders only leave the center for purposes of work or for other specified and approved activities, including, but not limited to, job interviews, medical appointments, treatment, and outings to visit family;

(e) To ensure that committed offenders consistently participate in all necessary therapy, programming, treatment, vocational training, and educational classes; and

(f) To ensure that committed offenders maintain their scheduled work hours.

The division and the department shall set standards for the appropriate staffing levels of community work release and reentry centers. The division and the department shall require each center to:

(1) Be under the supervision and control of a designated center director approved by the division or the department;

(2) Be adequately staffed twenty-four hours per day, including on weekends and holidays; and

(3) Assign an individual counselor to each committed offender assigned to the center.

(1) The division and the department shall require each community work release and reentry center to establish an individualized release plan for each committed offender assigned to the center. The staff of a center shall assist the division and the department in making reasonable advance preparations for the release of such committed offenders.

(2) If a parole-eligible committed offender is released from a center, the offender shall be subject to parole conditions set by the board and under the supervision of a district parole officer assigned by the division pursuant to section 83-1,104. The individualized release plan for a parole-eligible committed offender shall be developed in coordination with the assigned district parole officer.

(3) If a committed offender whose sentence includes a term of post-release supervision is released from a center, the offender shall be subject to the conditions of his or her order of post-release supervision and under the supervision of a district probation officer. The individualized release plan for such an offender shall be developed in coordination with the assigned district probation officer.

(1) The division and the department shall set requirements for the maintenance of the individual records of committed offenders assigned to a community work release and reentry center.

(2) The division and the department shall require each community work release and reentry center to make periodic reports to the division and the department on the performance of each committed offender assigned to the center.

The division and the department shall establish an internal system for assessing the achievements of community work release and reentry centers and the effectiveness of the Community Work Release and Reentry Centers Act as a whole. The division and the department shall develop and maintain measurable goals and objectives for such assessment.

(1) The division shall designate a parole officer to monitor the performance of each parole-eligible committed offender who is assigned to a community work release and reentry center. The designated parole officer shall be required to periodically report to the division on the progress of the committed offender.

(2) The department shall designate a correctional officer to monitor the performance of each committed offender who is assigned to a community work release and reentry center under subsection (3) of section 47-1104. The designated correctional officer shall be required to periodically report to the department on the progress of the committed offender.

The division and the department shall develop an internal program to conduct annual reviews of the performance of each community work release and reentry center. A senior staff person of the division and the department shall visit each center at least twice each year.

(1) A committed offender assigned to a community work release and reentry center shall obey the center's rules of behavior and shall consistently maintain such offender's scheduled work hours.

(2) The intentional failure of a committed offender to abide by the rules of such offender's assigned center may result in internal disciplinary sanction, termination of the committed offender's placement with the center, and the immediate return of such offender to the custody of the department.

(3) No committed offender who is employed in the community under the Community Work Release and Reentry Centers Act or otherwise released from custody shall, while working in such employment in the community, going to or from such employment, or during the time of such release, be deemed to be an agent, employee, or servant of the State of Nebraska.

The division and the department may allow a community work release and reentry center to have access to all of the records, documents, and reports in the custody of the division or the department, other than presentence investigation reports, that relate to any committed offender who is assigned to the center.

(1) By July 1, 2026, the division and the department shall develop a strategic plan and procedure to allow private providers to bid on agreements to establish community work release and reentry centers pursuant to the Community Work Release and Reentry Centers Act.

(2) It is the intent of the Legislature to appropriate one million dollars from the General Fund to carry out the Community Work Release and Reentry Centers Act.

(1) The department, with the assistance of the board, shall establish a program to encourage the development of reentry housing, coordinate the provisions of reentry services, and provide standards for reentry housing. Through this program, the department shall:

(a) Establish minimum standards for reentry housing facilities, including requirements related to health and safety, insurance, evaluations, and inspections, with input from the advisory committee;

(b) Monitor compliance with these minimum standards and investigate suspected violations;

(c) Coordinate evaluations of reentry housing facilities based on living conditions, staffing, programming, and other criteria;

(d) Communicate with relevant agencies regarding evaluation results and compliance with minimum standards;

(e) Facilitate communication between the department, division, board, probation administration, and reentry housing facilities regarding reentering persons in need of housing and the availability of housing to meet such needs;

(f) Engage in regular discussions with entities which organize and prioritize housing services for people experiencing homelessness or at risk of homelessness in Nebraska;

(g) Track data on costs, utilization, and outcomes for reentry housing within the state and use this data to determine trends and project future needs and costs; and

(h) Electronically submit an annual report to the Legislature, the Supreme Court, and the Governor which describes the status of housing for reentering persons in Nebraska. The report shall include details on housing-related expenditures, characteristics of reentry housing facilities and other places which provide housing for reentering persons, characteristics of the individuals receiving financial assistance for housing, and recommendations for improving the quality and availability of housing for reentering persons in the state.

(2) The department and board may use available funds to encourage development of quality, safe reentry housing and to assist existing reentry housing facilities in making improvements for the benefit of reentering persons and public safety.

(1) Reentry housing facilities shall cooperate with investigations and evaluations conducted pursuant to the Community Work Release and Reentry Centers Act and shall provide the department, board, division, probation administration, and the Office of Public Counsel with reasonable access to facilities and records related to the provision of reentry housing.

(2) The department or board may request the State Fire Marshal to investigate any reentry housing facility for fire safety under section 81-502. The State Fire Marshal shall assess a fee for such inspection under section 81-505.01 payable by the facility. The State Fire Marshal may delegate the authority to make such inspections to qualified local fire prevention personnel under section 81-502.

(3) The department or board may request a county, city, or village to inspect any reentry housing facility for the purpose of administering or enforcing the state building code or an applicable local building or construction code enacted pursuant to the Building Construction Act, if the county, city, or village has taken on the responsibility of code enforcement. A county, city, or village may assess fees for such an inspection under section 71-6406.

(4) The department or board shall promptly notify a reentry housing facility and relevant agencies if there is reason to believe conditions in the facility present an imminent threat to the health or safety of reentering persons residing at the facility.

(5) The department shall work with the board, division, probation administration, and the advisory board to establish a speedy process by which reentry housing facilities may contest the findings of any investigation or evaluation pursuant to the Community Work Release and Reentry Centers Act.

(1) The Reentry Continuity Advisory Board is created. The board shall include the following members:

(a) The Inspector General of the Nebraska Correctional System;

(b) The Director of Correctional Services or his or her designee;

(c) The chairperson of the Board of Parole or his or her designee;

(d) The probation administrator or his or her designee; and

(e) Five additional members to be appointed by the Governor. Such members shall include:

(i) An individual with experience in reentry and restorative justice service delivery;

(ii) A victims' rights representative;

(iii) A formerly incarcerated individual;

(iv) An individual with expertise in mental or behavioral health; and

(v) An individual with experience in public policy.

(2) The advisory board shall select a chairperson from among its members.

(3) The advisory board shall identify areas for improving continuity and collaboration among the department, the division, the board, probation administration, and any other relevant criminal justice entities and offer advice on practices that will enhance the continuity of reentry services and reentry housing for individuals in the criminal justice system.

(4) The advisory board shall:

(a) Conduct regular meetings;

(b) Provide advice and assistance to the department and board relating to reentry housing in Nebraska;

(c) Promote the interests of reentering persons and their families;

(d) Promote public safety through effective reintegration into the community;

(e) Provide input on the process of evaluating reentry housing facilities;

(f) Engage with neighborhood groups and other stakeholders;

(g) Provide reports as requested by the department and board; and

(h) Engage in other activities as requested by the department and board.

(5) The advisory board shall convene at least quarterly. The members described in subdivisions (1)(b), (c), and (d) of this section shall attend each meeting of the advisory board and share and present information relevant to the mission of the advisory board.

(6) The department, division, board, and probation administration shall provide information requested by the advisory board related to its mission. This shall include, but is not limited to, information regarding:

(a) The use of evidence-based risk assessments and evidence-based programming;

(b) Participation in rehabilitation and education programs;

(c) Treatment and programming offered, including vocational training, substance abuse treatment, cognitive-behavioral therapy, and mental health counseling;

(d) Population and demographic data;

(e) Use of and need for transitional housing and reentry housing;

(f) Identified gaps in services;

(g) Recidivism;

(h) Institutional conduct; and

(i) Post-release and reentry planning and services;

(7) The advisory board shall conduct periodic evaluations of the effectiveness of the collaborative efforts and reentry programs offered by the department, division, board, probation administration, and other criminal justice agencies. Such evaluation shall be accomplished using an integrated reentry and rehabilitation framework, which shall include an examination of:

(a) The extent to which agencies are conducting comprehensive assessments of criminal justice-involved individuals' needs and risks, including education, employment, housing, mental health, substance abuse, and family support;

(b) Whether the agencies are providing individualized reentry planning tailored to the specific needs and circumstances of such individuals, with a focus on addressing criminogenic factors and promoting positive behavioral change;

(c) Whether such individuals have access to evidence-based interventions, programs, and services both during and following incarceration, including education, vocational training, mental health treatment, substance abuse counseling, and life skills development; and

(d) The extent of collaboration and coordination between the department, parole, probation, other criminal justice agencies, community-based organizations, and other stakeholders.

(8) The advisory board shall assist probation administration, the department, and the division in implementing performance metrics for staff as provided in sections 29-2243 and 83-171.01. The advisory board shall regularly review such agencies' implementation and use of such performance metrics and offer updated guidance to ensure that such metrics are aligned with best practices, stakeholder input, and the evolving goals and priorities of the criminal justice system.

(9) On or before October 1, 2025, and on or before each October 1 thereafter, the advisory board shall electronically submit a report to the Judiciary Committee of the Legislature. The report shall include data regarding baselines, goals, efforts undertaken to achieve such goals, and action steps outlined to meet such goals and set objectives. The report shall detail the outcomes of parole decisions, reentry efforts, recidivism rates, and any challenges encountered. The report shall provide stakeholders with a clear understanding of the progress made, challenges faced, and strategies employed throughout the reporting period.

(1) The Reentry Housing Fund is created. The fund shall be maintained in the state accounting system as a cash fund and shall consist of all fees, grants, federal funds, and other money received by the department under the Community Work Release and Reentry Centers Act. The department shall use the fund to carry out the act.

(2) Any money in the Reentry Housing Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(3) The department may assess an annual fee on each reentry housing facility for the purposes of carrying out the Community Work Release and Reentry Centers Act. Such annual fee shall not exceed one thousand dollars. The department shall remit any such fees collected to the State Treasurer for credit to the Reentry Housing Fund.

The department, division, and board may adopt and promulgate rules and regulations to carry out the Community Work Release and Reentry Centers Act.