As used in the Nebraska Treatment and Corrections Act, unless the context otherwise requires:
(1) Board means the Board of Parole;
(2) Committed offender means any person who, under any provision of law, is sentenced or committed to a facility operated by the department or is sentenced or committed to the department other than a person adjudged to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 by a juvenile court;
(3) Department means the Department of Correctional Services;
(4) Director means the Director of Correctional Services;
(5) Facility means any prison, reformatory, training school, reception center, community guidance center, group home, or other institution operated by the department;
(6) Good time means any reduction of sentence granted pursuant to sections 83-1,107 and 83-1,108;
(7) Maximum term means the maximum sentence provided by law or the maximum sentence imposed by a court, whichever is shorter;
(8) Minimum term means the minimum sentence provided by law or the minimum sentence imposed by a court, whichever is longer;
(9) Pardon authority means the power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations;
(10) Parole term means the time from release on parole to the completion of the maximum term, reduced by good time;
(11) Person committed to the department means any person sentenced or committed to a facility within the department;
(12) Restrictive housing means conditions of confinement that provide limited contact with other offenders, strictly controlled movement while out of cell, and out-of-cell time of less than twenty-four hours per week; and
(13) Solitary confinement means the status of confinement of an inmate in an individual cell having solid, soundproof doors and which deprives the inmate of all visual and auditory contact with other persons.
Notes of Decisions
Cited in
24
cases (
7 in the last 5 years), 1972–2025 · leading case:
State v. Kolbjornsen, 888 N.W.2d 153 (Neb. 2016).
State v. Kolbjornsen, 888 N.W.2d 153 (Neb. 2016).
· cites it 2× “”8 He relies on our oft-repeated state- ment that an appellate court will not consider an issue on appeal that was not presented to or passed upon by the trial court.”
State v. Suggett, 204 N.W.2d 793 (Neb. 1973).
· cites it 20× “" How can this be reconciled with section 83-170, R.R.S.1943, adopted in 1969? This section provides in subsection (4) that "maximum term" means the maximum sentence provided by law, or imposed by a court, whichever is shorter.”
Heist v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 772 (Neb. 2022).
· cites it 4× “191 good time toward PEDs “creates conflict” between §§ 83-1,107 and other provisions of the Nebraska Treatment and Corrections Act, specifically Neb. Rev. Stat. §§ 83-170 (7) and 83-1,109 (Cum.”
Johnson v. Clarke, 603 N.W.2d 373 (Neb. 1999).
· cites it 3× “” Johnson brought this action to determine his rights under Neb. Rev. Stat. §§ 83-170 (9) (Reissue 1994) and 83-1,110 (Cum.”
State v. Payan, 765 N.W.2d 192 (Neb. 2009).
· cites it 2× “[38] Neb.Rev.Stat. § 83-170(11) (Reissue 2008).”
Moser v. State, 307 Neb. 18 (Neb. 2020).
· cites it 2× “Restrictive housing is defined by Neb. Rev. Stat. § 83-170 (13) (Cum. Supp.”
State ex rel. Hilgers v. Evnen, 318 Neb. 803 (Neb. 2025).
· cites it 4× “The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to 93 Neb. Rev. Stat. § 83-170 (7) (Reissue 2024).”
State v. Alford, 578 N.W.2d 885 (Neb. Ct. App. 1998).
· cites it 3× “The State concedes that an indeterminate sentence to a county jail is not controlled by § 83-1,110 (providing every committed offender parole eligibility when offender has served one-half minimum term of sentence), because Alford is not a “committed offender” as defined in Neb.…”
State v. Yzeta, 983 N.W.2d 124 (Neb. 2023).
· cites it 2× “12 Alternatively, the court explained that “even if the rights pursuant to § 29-3805 somehow permanently attached to an offender,” a continuance had extended the 180-day time limit.”
State v. Atkins, 549 N.W.2d 159 (Neb. 1996).
· cites it 2× “See Neb. Rev. Stat. §§ 83-170 (3) and 83-1,110 (Reissue 1994).”
State v. Tucker, 609 N.W.2d 306 (Neb. 2000).
· cites it 2× “Upon the rendition of this sentence, Tucker became a “committed offender” within the meaning of the Nebraska Treatment and Corrections Act, see Neb. Rev. Stat. § 83-170 (3) (Reissue 1999), and the State became legally responsible for the cost of his incarceration pursuant to Neb.”
— Neb. Rev. Stat. § 83-170(11) — 2 cases
State v. Payan, 765 N.W.2d 192 (Neb. 2009).
“[38] Neb.Rev.Stat. § 83-170(11) (Reissue 2008).”
State ex rel. Hilgers v. Evnen, 318 Neb. 803 (Neb. 2025).
“The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to 93 Neb. Rev. Stat. § 83-170 (7) (Reissue 2024).”
— Neb. Rev. Stat. § 83-170(4) — 1 case
— Neb. Rev. Stat. § 83-170(5) — 1 case
— Neb. Rev. Stat. § 83-170(7) — 1 case
Heist v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 772 (Neb. 2022).
“191 good time toward PEDs “creates conflict” between §§ 83-1,107 and other provisions of the Nebraska Treatment and Corrections Act, specifically Neb. Rev. Stat. §§ 83-170 (7) and 83-1,109 (Cum.”
— Neb. Rev. Stat. § 83-170(8) — 1 case
State ex rel. Hilgers v. Evnen, 318 Neb. 803 (Neb. 2025).
“The total of such reductions shall be deducted from the maximum term, less good time granted pursuant to 93 Neb. Rev. Stat. § 83-170 (7) (Reissue 2024).”
— Neb. Rev. Stat. § 83-170(9) — 1 case
Johnson v. Clarke, 603 N.W.2d 373 (Neb. 1999).
“” Johnson brought this action to determine his rights under Neb. Rev. Stat. §§ 83-170 (9) (Reissue 1994) and 83-1,110 (Cum.”
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