Neb. Rev. Stat. » Chapter 29

Neb. Rev. Stat. § 29-2268

Probation; post-release supervision; violation; court; determination

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(1) If the court finds that the probationer, other than a probationer serving a term of post-release supervision, did violate a condition of his or her probation, it may revoke the probation and impose on the offender such new sentence as might have been imposed originally for the crime of which he or she was convicted.

(2) If the court finds that a probationer serving a term of post-release supervision did violate a condition of his or her post-release supervision, it may revoke the post-release supervision and impose on the offender a term of imprisonment up to the original period of post-release supervision. If a sentence of incarceration is imposed upon revocation of post-release supervision, the court shall grant jail credit for any days spent in custody as a result of the post-release supervision, including custodial sanctions. The term shall be served in an institution under the jurisdiction of the Department of Correctional Services or in county jail subject to subsection (2) of section 28-105.

(3) If the court finds that the probationer did violate a condition of his or her probation, but is of the opinion that revocation is not appropriate, the court may order that:

(a) The probationer receive a reprimand and warning;

(b) Probation supervision and reporting be intensified;

(c) The probationer be required to conform to one or more additional conditions of probation which may be imposed in accordance with the Nebraska Probation Administration Act;

(d) A custodial sanction be imposed on a probationer convicted of a felony, subject to the provisions of section 29-2266.03; and

(e) The probationer's term of probation be extended, subject to the provisions of section 29-2263.

Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1975–2025 · leading case: State v. Kennedy
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State v. Kennedy (2018) neb · cites it 27× “ASSIGNMENTS OF ERROR The State assigns, restated, that the district court (1) abused its discretion in imposing an excessively lenient sentence not authorized by Neb. Rev. Stat. § 29-2268 (Reissue 2016) and (2) committed plain error by imposing a sentence outside the statutory…”
State v. Phillips (2019) neb · cites it 28× “This appeal raises the novel issue of how a court should, for purposes of imposing a term of imprisonment upon revocation, calculate a probationer's "remaining period of post-release supervision" under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016).”
State v. Galvan (2020) neb · cites it 18× “Galvan argues that the district court for Hall County exceeded its authority under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016) by imposing consecutive 5-month terms of imprisonment following Galvan’s revocation from post-release supervision in two cases.”
State v. Wal (2019) neb · cites it 7× “8 Revocation of post-release supervision is governed by Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016), which provides: If the court finds that a probationer serving a term of post-release supervision did violate a condition of his or her post-release supervision, it may revoke…”
State v. Caniglia (2006) neb · cites it 8× “Having found a violation, the district court proceeded under Neb. Rev. Stat. § 29-2268 (Reissue 1995), which provides as follows: (1) If the court finds that the probationer did violate a condition of his probation, it may revoke the probation and impose on the offender such new…”
State v. Simons (2023) neb · cites it 5× “Section 29-2267(1) plainly states that the court “shall not . . .”
State v. Dill (2018) neb “§ 29-2268(2). See 2015 Neb. Laws, L.B. 605.”
State v. Starks (2021) neb · cites it 2× “2 See Neb. Rev. Stat. § 29-2268 (Cum. Supp. 2020).”
State v. Schulz (1985) neb · cites it 10× “07(2) provides that the court shall, "as part of the judgment of conviction," suspend such person's operator's license "for a period of one year from the date of his or her conviction" .”
In Re Interest of Rebecca B. (2010) neb · cites it 2× “[20] See, Neb.Rev.Stat. § 29-2268(1) (Reissue 2008); State v.”
State v. Wragge (1994) neb · cites it 3× “Furthermore, Neb. Rev. Stat. § 29-2268 (1) (Reissue 1989) provides that if an offender violates a condition of probation, the court “may revoke the probation and impose on the offender such new sentence as might have been imposed originally for the crime of which he was…”
State v. Painter (1986) neb · cites it 3× “Neb. Rev. Stat. § 29-2268 (1) (Reissue 1985) provides: “If the court finds that the probationer did violate a condition of his probation, it may revoke the probation and impose on the offender such new sentence as might have been imposed originally for the crime of which he was…”
Show all 39 citing cases →
— Neb. Rev. Stat. § 29-2268(1) — 13 cases
State v. Kennedy (2018) neb “ASSIGNMENTS OF ERROR The State assigns, restated, that the district court (1) abused its discretion in imposing an excessively lenient sentence not authorized by Neb. Rev. Stat. § 29-2268 (Reissue 2016) and (2) committed plain error by imposing a sentence outside the statutory…”
State v. Phillips (2019) neb “This appeal raises the novel issue of how a court should, for purposes of imposing a term of imprisonment upon revocation, calculate a probationer's "remaining period of post-release supervision" under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016).”
In Re Interest of Rebecca B. (2010) neb “[20] See, Neb.Rev.Stat. § 29-2268(1) (Reissue 2008); State v.”
State v. Schulz (1985) neb “07(2) provides that the court shall, "as part of the judgment of conviction," suspend such person's operator's license "for a period of one year from the date of his or her conviction" .”
State v. Caniglia (2006) neb “Having found a violation, the district court proceeded under Neb. Rev. Stat. § 29-2268 (Reissue 1995), which provides as follows: (1) If the court finds that the probationer did violate a condition of his probation, it may revoke the probation and impose on the offender such new…”
— Neb. Rev. Stat. § 29-2268(2) — 16 cases
State v. Phillips (2019) neb “This appeal raises the novel issue of how a court should, for purposes of imposing a term of imprisonment upon revocation, calculate a probationer's "remaining period of post-release supervision" under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016).”
State v. Kennedy (2018) neb “ASSIGNMENTS OF ERROR The State assigns, restated, that the district court (1) abused its discretion in imposing an excessively lenient sentence not authorized by Neb. Rev. Stat. § 29-2268 (Reissue 2016) and (2) committed plain error by imposing a sentence outside the statutory…”
State v. Galvan (2020) neb “Galvan argues that the district court for Hall County exceeded its authority under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016) by imposing consecutive 5-month terms of imprisonment following Galvan’s revocation from post-release supervision in two cases.”
State v. Wal (2019) neb “8 Revocation of post-release supervision is governed by Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016), which provides: If the court finds that a probationer serving a term of post-release supervision did violate a condition of his or her post-release supervision, it may revoke…”
State v. Dill (2018) neb “§ 29-2268(2). See 2015 Neb. Laws, L.B. 605.”
— Neb. Rev. Stat. § 29-2268(2)(c) — 1 case
State v. Pawling (2000) nebctapp
— Neb. Rev. Stat. § 29-2268(3) — 5 cases
State v. Kennedy (2018) neb “ASSIGNMENTS OF ERROR The State assigns, restated, that the district court (1) abused its discretion in imposing an excessively lenient sentence not authorized by Neb. Rev. Stat. § 29-2268 (Reissue 2016) and (2) committed plain error by imposing a sentence outside the statutory…”
State v. Phillips (2019) neb “This appeal raises the novel issue of how a court should, for purposes of imposing a term of imprisonment upon revocation, calculate a probationer's "remaining period of post-release supervision" under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016).”
State v. Kennedy (2018) neb
State v. Phillips (2019) neb
State v. Phillips (2019) neb
— Neb. Rev. Stat. § 29-2268(3)(a) — 3 cases
State v. Kennedy (2018) neb “ASSIGNMENTS OF ERROR The State assigns, restated, that the district court (1) abused its discretion in imposing an excessively lenient sentence not authorized by Neb. Rev. Stat. § 29-2268 (Reissue 2016) and (2) committed plain error by imposing a sentence outside the statutory…”
State v. Simons (2023) neb “Section 29-2267(1) plainly states that the court “shall not . . .”
State v. Kennedy (2018) neb
— Neb. Rev. Stat. § 29-2268(3)(e) — 4 cases
State v. Phillips (2019) neb “This appeal raises the novel issue of how a court should, for purposes of imposing a term of imprisonment upon revocation, calculate a probationer's "remaining period of post-release supervision" under Neb. Rev. Stat. § 29-2268 (2) (Reissue 2016).”
State v. Simons (2023) neb “Section 29-2267(1) plainly states that the court “shall not . . .”
State v. Phillips (2019) neb
State v. Phillips (2019) neb
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