(1) Upon the filing of a periodic report under section 71-1216, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board. The mental health board shall schedule the review hearing no later than fourteen calendar days after receipt of such request. The mental health board may schedule a review hearing (a) at any time pursuant to section 71-1221 or 71-1222, (b) upon the request of the subject, the subject's counsel, the subject's legal guardian or conservator, if any, the county attorney, the official, agency, or other person or entity designated by the mental health board under section 71-1215 to prepare and oversee the subject's individualized treatment plan, or the mental health professional directly involved in implementing such plan, or (c) upon the board's own motion.
(2) The board shall immediately discharge the subject or enter a new treatment order with respect to the subject whenever it is shown by any person or it appears upon the record of the periodic reports filed under section 71-1216 to the satisfaction of the board that (a) the subject's mental illness or personality disorder has been successfully treated or managed to the extent that the subject no longer poses a threat to the public or (b) a less restrictive treatment alternative exists for the subject which does not increase the risk that the subject will commit another sex offense. When discharge or a change in disposition is in issue, due process protections afforded under the Sex Offender Commitment Act shall attach to the subject.
Notes of Decisions
Cited in
15
cases (
7 in the last 5 years), 2009–2025 · leading case:
In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009).
In Re Interest of JR, 762 N.W.2d 305 (Neb. 2009).
“[60] § 71-1219. [61] See, Kansas v. Hendricks, supra note 30 ; § 83-174.”
In re Interest of R.T., 30 Neb. Ct. App. 405 (Neb. Ct. App. 2021).
· cites it 6× “He later filed for a review hearing under § 71-1219 of SOCA styled as a motion for reconsideration seeking a discharge from that commitment.”
Bumann v. Nebraska Mental Health Bd. (D. Neb. 2021).
· cites it 13× “Claim Four:6 Petitioner was denied due process and equal protection of the laws because (1) Petitioner is continuously denied a review hearing under Neb. Rev. Stat. § 71-1219 , (2) the petition and commitment are void as a matter of law as not supported under oath and affidavit…”
In re Interest of D.I. (Neb. Ct. App. 2018).
· cites it 9× “Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
In re Interest of D.I. (Neb. Ct. App. 2022).
· cites it 5× “Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
In re Interest of C.M. (Neb. Ct. App. 2024).
· cites it 5× “sought review of his commitment as a dangerous sex offender under § 71-1219, which provides in subsection (1) that upon the filing of periodic reports by the person or entity in charge of the committed offender’s treatment plan, the committed individual “may request and shall be…”
In re Interest of D.R. (Neb. Ct. App. 2018).
· cites it 4× “See Neb. Rev. Stat. § 71-1219 (1) (Reissue 2009).”
Anderson v. Sacriste (D. Neb. 2021).
· cites it 4× “” Neb. Rev. Stat. § 71-1219 ; see also In re D.”
Martinez v. Dawson (Neb. Ct. App. 2020).
· cites it 3× “Additionally, individuals committed pursuant to SOCA “may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board.”
In re Interest of H.R. (Neb. Ct. App. 2018).
· cites it 2× “’s request for a review hearing under Neb. Rev. Stat. § 71-1219 (Reissue 2009), which permitted him to seek from the Board an order of discharge from commitment or a change in treatment ordered by the Board.”
Kriz v. Roy (D. Neb. 2020).
· cites it 2× “2011) (construing nearly identical provision of Nebraska’s Sex Offender Commitment Act, Neb. Rev. Stat. § 71-1219 (1) (Reissue 2009)).”
Bumann v. Nebraska Mental Health Bd. (D. Neb. 2020).
· cites it 2× “Claim Four:1 Petitioner was denied due process and equal protection of the laws because (1) Petitioner is continuously denied a review hearing under Neb. Rev. Stat. § 71-1219 , (2) the petition and commitment are void as a matter of law as not supported under oath and affidavit…”
— Neb. Rev. Stat. § 71-1219(1) — 4 cases
In re Interest of D.I. (Neb. Ct. App. 2018).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
In re Interest of D.I. (Neb. Ct. App. 2022).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
Martinez v. Dawson (Neb. Ct. App. 2020).
“Additionally, individuals committed pursuant to SOCA “may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of discharge from commitment or a change in treatment ordered by the board.”
Bumann v. Nebraska Mental Health Bd. (D. Neb. 2021).
“Claim Four:6 Petitioner was denied due process and equal protection of the laws because (1) Petitioner is continuously denied a review hearing under Neb. Rev. Stat. § 71-1219 , (2) the petition and commitment are void as a matter of law as not supported under oath and affidavit…”
— Neb. Rev. Stat. § 71-1219(2) — 4 cases
In re Interest of D.I. (Neb. Ct. App. 2018).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
In re Interest of D.I. (Neb. Ct. App. 2022).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
In re Interest of C.M. (Neb. Ct. App. 2024).
“sought review of his commitment as a dangerous sex offender under § 71-1219, which provides in subsection (1) that upon the filing of periodic reports by the person or entity in charge of the committed offender’s treatment plan, the committed individual “may request and shall be…”
— Neb. Rev. Stat. § 71-1219(2)(a) — 1 case
In re Interest of D.I. (Neb. Ct. App. 2018).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
— Neb. Rev. Stat. § 71-1219(2)(b) — 1 case
In re Interest of D.I. (Neb. Ct. App. 2018).
“Section 71-1219(1) states that upon the filing of such a periodic report, the subject may request a review hearing by the mental health board seeking an order of discharge from commitment or a change in treatment.”
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