Neb. Rev. Stat. » Chapter 23
Nebraska Revised Statutes

Neb. Rev. Stat. § 23-2801 (2026)

Declaration of intent

✓ current as of July 2026
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It has been the declared policy of the State of Nebraska in the exercise of its police powers to foster and promote local control of local affairs. Highest ranking in this hierarchy of local matters is the supervision of law enforcement. The state provides a system of law enforcement and local officers to carry out the functions thereof on a day-to-day basis within such system. When shifting populations and modern day trends make particular divisions of responsibilities obsolete, it is incumbent on the Legislature to remedy such a situation when it arises on the county level. It is in the interest of the people of the State of Nebraska that the Legislature establish a new structure of responsibility over the county jails and correctional facilities in certain heavily populated counties and give other counties the discretion whether or not to employ such structure. Such a structure would enable county boards to constitute themselves as county boards of corrections while the sheriffs of such counties would be released to pursue more fully their primary duties as law enforcement officers.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2022–2024 · leading case: Mullins v. Box Butte Cnty., 317 Neb. 937 (Neb. 2024).
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Mullins v. Box Butte Cnty., 317 Neb. 937 (Neb. 2024). · cites it 2× “46 See Neb. Rev. Stat. § 23-2801 (Reissue 2022).”
State v. Dailey, 990 N.W.2d 523 (Neb. 2023). “Section 23-1703 provides: Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursu- ant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required…”
Jackson v. Cotant (D. Neb. 2022). “In Nebraska, “[e]xcept in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, ….”
Jackson v. Cotant (D. Neb. 2022). “In Nebraska, “[e]xcept in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, ….”
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