Any person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in this state. Upon receiving any request from a prisoner for final disposition of any untried indictment, information, or complaint, the director shall:
(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner;
(2) Send by registered or certified mail, return receipt requested, one copy of the request and the certificate to the court in which the untried indictment, information, or complaint is pending and one copy to the prosecutor charged with the duty of prosecuting it; and
(3) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending.
Notes of Decisions
Cited in
13
cases (
4 in the last 5 years), 1986–2023 · leading case:
State v. Yzeta, 983 N.W.2d 124 (Neb. 2023).
State v. Yzeta, 983 N.W.2d 124 (Neb. 2023).
· cites it 10× “- 205 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. YZETA October 14 and 15.”
Bradley v. Hopkins, 522 N.W.2d 394 (Neb. 1994).
· cites it 12× “§ 29-3803. If the inmate does so, the director must forward the request to the court having jurisdiction and send along a certificate outlining the inmate’s status, length of incarceration, and other data.”
State v. Kolbjornsen, 888 N.W.2d 153 (Neb. 2016).
· cites it 2× “Section 29-3805 requires that an untried indictment, information, or complaint be brought to trial “[w]ithin one hundred eighty days after the prosecu- tor receives a certificate from the director pursuant to section 29-3803 or 29-3804 or within such additional time as the court…”
State v. Tucker, 609 N.W.2d 306 (Neb. 2000).
· cites it 6× “Section 29-3803 provides in part that “[a]ny person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in…”
State v. Ebert, 455 N.W.2d 165 (Neb. 1990).
· cites it 9× “First, the prisoner defendant may request, in writing to the Director, the disposition of untried charges, pursuant to § 29-3803. As we noted in State v. Soule, supra, if a prisoner makes such a request, the Director must issue a certificate informing the prosecutor of the…”
State v. Soule, 379 N.W.2d 762 (Neb. 1986).
· cites it 5× “” The letter from the Director’s deputy, which operated as a certificate under §§ 29-3803 to 29-3805, was received by the county attorney of Sarpy County on May 24, 1984, and by the county court for Sarpy County on the same day.”
State v. Thomas, 459 N.W.2d 204 (Neb. 1990).
· cites it 2× “While we do not condone the 13 months’ delay between the time defendant was returned to custody and the time of the preliminary hearing, defendant has failed to show that such delay was oppressive or prejudicial.”
State v. Steele, 624 N.W.2d 1 (Neb. 2001).
“The director is obligated to issue that certificate upon request by the prisoner under § 29-3803, or upon request by the prosecutor under § 29-3804 if the prosecutor has lodged a detainer against the prisoner.”
State v. LeFever, 970 N.W.2d 792 (Neb. Ct. App. 2022).
· cites it 28× “Rev. Stat. § 29-3803 (Reissue 2016), a prisoner may request final disposition be made of any charges pending against the prisoner.”
State v. Caldwell, 639 N.W.2d 663 (Neb. Ct. App. 2002).
· cites it 2× “In accordance with § 29-3803, Caldwell made a written demand to the Director of Correctional Services for the disposition of this untried complaint against him.”
State v. Chamberlain, No. A-14-239 (Neb. Ct. App. Dec. 30, 2014).
· cites it 4× “The Tucker court further concluded that the record did not reflect that either Tucker or the prosecutor had submitted a request or otherwise initiated the procedure set forth in § 29-3803 or § 29-3804, nor that a certificate was ever issued by the Director of Correctional…”
State v. Hauser, No. A-21-638 (Neb. Ct. App. Apr. 19, 2022).
· cites it 2× “Section 29-3805 requires that an untried indictment, information, or complaint be brought to trial “[w]ithin one hundred eighty days after the prosecutor receives a certificate from the director pursuant to section 29-3803 or 29-3804 or within such additional time as the court…”
Neb. Rev. Stat. § 29-3803(1): 1 case
State v. Yzeta, 983 N.W.2d 124 (Neb. 2023).
“- 205 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. YZETA October 14 and 15.”
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