(1) When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life. No offender shall be sentenced to probation if he or she is deemed to be a habitual criminal pursuant to section 29-2221.
(2) The court may, as a condition of a sentence of probation, require the offender:
(a) To refrain from unlawful conduct;
(b) To be confined periodically in the county jail or to return to custody after specified hours but not to exceed the lesser of ninety days or the maximum jail term provided by law for the offense;
(c) To meet his or her family responsibilities;
(d) To devote himself or herself to a specific employment or occupation;
(e) To undergo medical or psychiatric treatment and to enter and remain in a specified institution for such purpose;
(f) To pursue a prescribed secular course of study or vocational training;
(g) To attend or reside in a facility established for the instruction, recreation, or residence of persons on probation;
(h) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
(i) To possess no firearm or other dangerous weapon if convicted of a felony, or if convicted of any other offense, to possess no firearm or other dangerous weapon unless granted written permission by the court;
(j) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his or her address or his or her employment and to agree to waive extradition if found in another jurisdiction;
(k) To report as directed to the court or a probation officer and to permit the officer to visit his or her home;
(l) To pay a fine in one or more payments as ordered;
(m) To pay for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
(n) To perform community service as outlined in sections 29-2277 to 29-2279 under the direction of his or her probation officer;
(o) To be monitored by an electronic surveillance device or system and to pay the cost of such device or system if the offender has the financial ability;
(p) To participate in a community correctional facility or program as provided in the Community Corrections Act;
(q) To satisfy any other conditions reasonably related to the rehabilitation of the offender;
(r) To make restitution as described in sections 29-2280 and 29-2281; or
(s) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06.
(3) When jail time is imposed as a condition of probation under subdivision (2)(b) of this section, the court shall advise the offender on the record the time the offender will serve in jail assuming no good time for which the offender will be eligible under section 47-502 is lost and assuming none of the jail time imposed as a condition of probation is waived by the court.
(4) Jail time may only be imposed as a condition of probation under subdivision (2)(b) of this section if:
(a) The court would otherwise sentence the defendant to a term of imprisonment instead of probation; and
(b) The court makes a finding on the record that, while probation is appropriate, periodic confinement in the county jail as a condition of probation is necessary because a sentence of probation without a period of confinement would depreciate the seriousness of the offender's crime or promote disrespect for law.
(5) In all cases in which the offender is guilty of violating section 28-416, a condition of probation shall be mandatory treatment and counseling as provided by such section.
(6) In all cases in which the offender is guilty of a crime covered by the DNA Identification Information Act, a condition of probation shall be the collecting of a DNA sample pursuant to the act and the paying of all costs associated with the collection of the DNA sample prior to release from probation.
(7) For any offender sentenced to probation, the court shall enter an order to provide the offender's (a) name, (b) probation officer, and (c) conditions of probation to the Nebraska Commission on Law Enforcement and Criminal Justice which shall provide access to such information to law enforcement agencies through the state's criminal justice information system.
Notes of Decisions
Cited in
73
cases (
14 in the last 5 years), 1973–2026 · leading case:
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
· cites it 39× “605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
State v. Thompson, 881 N.W.2d 609 (Neb. 2016).
· cites it 17× “605, removed the provision in Neb. Rev. Stat. § 29-2262 (Supp. 2015) that previously allowed up to 180 days in jail as a condition of probation for felony offenses.”
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
· cites it 14× “may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by [ Neb. Rev. Stat. § 29-2262 (Reissue 2016) ].”
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
· cites it 10× “All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
State v. Phillips, 302 Neb. 686 (Neb. 2019).
· cites it 4× “02 (1), and shall enter a separate post-release supervision order that includes conditions pursuant to Neb. Rev. Stat. § 29-2262 ." Phillips violated the conditions of his supervision by failing to report to his probation officer and failing to refrain from unlawful conduct, and…”
State v. Vasquez, 716 N.W.2d 443 (Neb. 2006).
· cites it 8× “However, § 60-6,196(c) clashes with Neb. Rev. Stat. § 29-2262 (2)(b) (Cum. Supp.”
State v. Dill, 300 Neb. 344 (Neb. 2018).
· cites it 9× “All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
State v. Escamilla, 467 N.W.2d 59 (Neb. 1991).
· cites it 12× “Section 29-2262 provides in relevant part, “When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life.”
State v. Behrens, 285 N.W.2d 513 (Neb. 1979).
· cites it 24× “It is apparent the statutes expressly contemplate that the authorized conditions for probation described in section 29-2262, R.R.S.1943, are applicable to misdemeanor convictions.”
State v. Salyers, 480 N.W.2d 173 (Neb. 1992).
· cites it 5× “Neb. Rev. Stat. § 29-2262 (Reissue 1989) provides: (2) The court, as a condition of its sentence, may require the offender: (b) To be confined periodically in the county jail or to return to custody after specified hours, but not to exceed (i) for misdemeanors, the lesser of…”
State v. Peters, 435 N.W.2d 675 (Neb. 1989).
· cites it 8× “The appellant contends that the trial court erred both in imposing two consecutive jail terms of 90 days as a condition of probation for concurrent probationary periods of 2 years, in contravention of Neb. Rev. Stat. § 29-2262 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 29-2262(1) — 10 cases
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
“may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by [ Neb. Rev. Stat. § 29-2262 (Reissue 2016) ].”
State v. Peters, 435 N.W.2d 675 (Neb. 1989).
“The appellant contends that the trial court erred both in imposing two consecutive jail terms of 90 days as a condition of probation for concurrent probationary periods of 2 years, in contravention of Neb. Rev. Stat. § 29-2262 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 29-2262(2) — 6 cases
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
“may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by [ Neb. Rev. Stat. § 29-2262 (Reissue 2016) ].”
State v. Thompson, 881 N.W.2d 609 (Neb. 2016).
“605, removed the provision in Neb. Rev. Stat. § 29-2262 (Supp. 2015) that previously allowed up to 180 days in jail as a condition of probation for felony offenses.”
— Neb. Rev. Stat. § 29-2262(2)(a) — 4 cases
State v. Phillips, 302 Neb. 686 (Neb. 2019).
“02 (1), and shall enter a separate post-release supervision order that includes conditions pursuant to Neb. Rev. Stat. § 29-2262 ." Phillips violated the conditions of his supervision by failing to report to his probation officer and failing to refrain from unlawful conduct, and…”
— Neb. Rev. Stat. § 29-2262(2)(b) — 5 cases
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
State v. Thompson, 881 N.W.2d 609 (Neb. 2016).
“605, removed the provision in Neb. Rev. Stat. § 29-2262 (Supp. 2015) that previously allowed up to 180 days in jail as a condition of probation for felony offenses.”
State v. Vasquez, 716 N.W.2d 443 (Neb. 2006).
“However, § 60-6,196(c) clashes with Neb. Rev. Stat. § 29-2262 (2)(b) (Cum. Supp.”
State v. Peters, 435 N.W.2d 675 (Neb. 1989).
“The appellant contends that the trial court erred both in imposing two consecutive jail terms of 90 days as a condition of probation for concurrent probationary periods of 2 years, in contravention of Neb. Rev. Stat. § 29-2262 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 29-2262(2)(b)(i) — 1 case
State v. Vasquez, 716 N.W.2d 443 (Neb. 2006).
“However, § 60-6,196(c) clashes with Neb. Rev. Stat. § 29-2262 (2)(b) (Cum. Supp.”
— Neb. Rev. Stat. § 29-2262(2)(c) — 2 cases
— Neb. Rev. Stat. § 29-2262(2)(e) — 1 case
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
— Neb. Rev. Stat. § 29-2262(2)(f) — 1 case
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
— Neb. Rev. Stat. § 29-2262(2)(h) — 3 cases
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
— Neb. Rev. Stat. § 29-2262(2)(i) — 3 cases
State v. Kantaras, 885 N.W.2d 558 (Neb. 2016).
“605 on August 30, 2015, the only change to § 29-2262 was in subsection (2)(b). Under L.”
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
“may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by [ Neb. Rev. Stat. § 29-2262 (Reissue 2016) ].”
— Neb. Rev. Stat. § 29-2262(2)(m) — 3 cases
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
“All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
State v. Dill, 300 Neb. 344 (Neb. 2018).
“All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
— Neb. Rev. Stat. § 29-2262(2)(q) — 2 cases
— Neb. Rev. Stat. § 29-2262(2)(r) — 4 cases
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
“may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by [ Neb. Rev. Stat. § 29-2262 (Reissue 2016) ].”
— Neb. Rev. Stat. § 29-2262(2)(s) — 1 case
— Neb. Rev. Stat. § 29-2262(2)(t) — 2 cases
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
“All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
State v. Dill, 300 Neb. 344 (Neb. 2018).
“All sentences of postrelease supervision are served under the jurisdiction of the Office of Probation Administration and are subject to conditions imposed under § 29-2262 and subject to sanctions authorized under § 29-2266.”
— Neb. Rev. Stat. § 29-2262(3) — 2 cases
— Neb. Rev. Stat. § 29-2262(4) — 1 case
— Neb. Rev. Stat. § 29-2262(j) — 1 case
State v. Escamilla, 467 N.W.2d 59 (Neb. 1991).
“Section 29-2262 provides in relevant part, “When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life.”
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