Nebraska Revised Statutes

Neb. Rev. Stat. § 83-173 (2026)

Director of Correctional Services; duties

✓ current as of July 2026
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The Director of Correctional Services shall:

(1) Supervise and be responsible for the administration of the Department of Correctional Services;

(2) Establish, consolidate, or abolish any administrative subdivision within the department and appoint and remove for cause the heads thereof and delegate appropriate powers and duties to them;

(3) Establish and administer policies and programs for the operation of the facilities in the department and for the custody, control, safety, correction, and rehabilitation of persons committed to the department;

(4) Appoint and remove the chief executive officer of each facility and delegate appropriate powers and duties to him or her;

(5) Appoint and remove employees of the department and delegate appropriate powers and duties to them;

(6) Adopt and promulgate rules and regulations for the management, correctional treatment, and rehabilitation of persons committed to the department, the administration of facilities, and the conduct of officers and employees under his or her jurisdiction;

(7) Designate the place of confinement of persons committed to the department subject to section 83-176;

(8) Establish and administer policies that ensure that complete and up-to-date electronic records are maintained for each person committed to the department and which also ensure privacy protections. Electronic records shall include programming recommendations, program completions, time spent in housing other than general population, and medical records, including mental and behavioral health records;

(9) Collect, develop, and maintain statistical information concerning persons committed to the department, sentencing practices, and correctional treatment as may be useful in penological research or in the development of treatment programs;

(10) Provide training programs designed to equip employees for duty in the facilities and related services of the department and to raise and maintain the educational standards, level of performance, and safety of such employees;

(11) Notify law enforcement agencies of upcoming furloughs as required by section 83-173.01;

(12) Issue or authorize the issuance of a warrant for the arrest of any person committed to the department who has escaped from the custody of the department;

(13) Supervise and be responsible for administration of parole services in the community, including administration of the Community Work Release and Reentry Centers Act;

(14) Establish and maintain policies, standards, and procedures for the field parole service and the community supervision of sex offenders pursuant to section 83-174.03;

(15) Divide the state into parole districts and appoint district parole officers and such other employees as may be required to carry out adequate parole supervision of all parolees, prescribe their powers and duties, and obtain division offices for staff in each district as may be necessary;

(16) Cooperate with the Board of Parole, the courts, the Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice, and all other agencies, public and private, which are concerned with the treatment or welfare of persons on parole;

(17) Provide the Board of Parole and district judges with any record of a parolee that the board or such judges may require;

(18) Make recommendations to the Board of Parole or district judge in cases of violation of the conditions of parole, issue warrants for the arrest of parole violators when so instructed by the board or district judge, and upon instruction of the board, issue certificates of parole and of parole revocation to the facilities and certificates of discharge from parole to parolees;

(19) Organize and conduct training programs for the district parole officers and other employees;

(20) Use the funds provided under section 83-1,107.02 to augment operational or personnel costs associated with the development, implementation, and evaluation of enhanced parole-based programs and purchase services to provide such programs aimed at enhancing adult parolee supervision in the community and treatment needs of parolees. Such enhanced parole-based programs include, but are not limited to, specialized units of supervision, related equipment purchases and training, and programs that address a parolee's vocational, educational, mental health, behavioral, or substance abuse treatment needs, including evidence-based peer and family support programs;

(21) Ensure that any risk or needs assessment instrument utilized by the department be periodically validated;

(22) Each January 1, report to the Governor and electronically to the Clerk of the Legislature the number of parole revocations and the number of technical violations of parole;

(23) Take all actions necessary to assist the board in carrying out its duties under section 83-962 during a correctional system overcrowding emergency;

(24) Administer the Interstate Compact for Adult Offender Supervision; and

(25) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.

Notes of Decisions
Cited in 10 cases, 1993–2014 · leading case: Martin v. Nebraska Dep't of Corr. Servs., 671 N.W.2d 613 (Neb. 2003).
Martin v. Nebraska Dep't of Corr. Servs., 671 N.W.2d 613 (Neb. 2003). · cites it 20× “§ 83-173 allows the [D]irector to delegate appropriate powers and duties to department heads, it is not an appropriate power to delegate the forfeiture, withholding, and restoration of good time to the Chief Executive Officers of the facilities, in contravention of Neb.”
United States v. Lucas, 499 F.3d 769 (8th Cir. 2007). · cites it 5× “See Neb.Rev.Stat. § 83-173 (director "shall" issue warrant for escapee).”
Klinger v. Nebraska Dep't of Corr. Servs., 824 F. Supp. 1374 (D. Neb. 1993). · cites it 13× “Neb.Rev.Stat. § 83-173. 173. Pursuant to Jane Doe A, 901 F.”
Shepard v. Houston, 289 Neb. 399 (Neb. 2014). · cites it 2× “04 is facially a mere enforcement of the statute Nebraska Advance Sheets 406 289 NEBRASKA REPORTS and that Neb. Rev. Stat. § 83-173 (6) (Reissue 2008) does not grant the Department director authority to impose penalties for failure to comply with a statutory requirement.”
Witmer v. Nebraska Dep't of Corr. Servs., 691 N.W.2d 185 (Neb. Ct. App. 2005). · cites it 2× “§ 83-171 (Reissue 1999) (DCS is to maintain and administer facilities required for custody, control, correctional *303 treatment, and rehabilitation of persons committed to DCS and for safekeeping of such other persons); Neb. Rev. Stat. § 83-173 (Reissue 1999) (director of DCS…”
United States v. Tylan Lucas (8th Cir. 2007). · cites it 4× “Clarke had statutory authority as director to issue warrants for the arrest of escapees from the Department's custody, see Neb. Rev. Stat. § 83-173 (11), and he stated in the warrant that he had "reasonable cause to believe" that Lucas had escaped from custody.”
Jacob v. Nebraska Dept. of Corr. Servs. (Neb. Ct. App. 2013). · cites it 2× “01(2) to rules providing the procedure when seeking a declaratory order from DCS and his right under § 83-173 to require DCS’ director to perform his duties without violating inmates’ rights under the law.”
United States v. Tylan Lucas (8th Cir. 2006). · cites it 2× “" Neb. Rev. Stat. § 83-173 (11). However, a statutory grant of authority is not dispositive, as we must determine whether that grant conforms to the Fourth Amendment.”
Witmer v. Nebraska Dept. of Corr. Servs., 691 N.W.2d 185 (Neb. Ct. App. 2005). · cites it 2× “§ 83-171 (Reissue 1999) (DCS is to maintain and administer facilities required for custody, control, correctional treatment, and rehabilitation of persons committed to DCS and for safekeeping of such other persons); Neb.Rev.Stat. § 83-173 (Reissue 1999) (director of DCS is to…”
Packett v. Clarke, 910 F. Supp. 469 (D. Neb. 1996). · cites it 2× “Pursuant to Neb.Rev.Stat. § 83-173 (Reissue 1994), the Director of DCS is authorized to adopt rules and regulations for the management, correctional treatment, and rehabilitation of persons committed to DCS.”
— Neb. Rev. Stat. § 83-173(11) — 1 case
United States v. Lucas, 499 F.3d 769 (8th Cir. 2007). “See Neb.Rev.Stat. § 83-173 (director "shall" issue warrant for escapee).”
— Neb. Rev. Stat. § 83-173(3) — 1 case
Klinger v. Nebraska Dep't of Corr. Servs., 824 F. Supp. 1374 (D. Neb. 1993). “Neb.Rev.Stat. § 83-173. 173. Pursuant to Jane Doe A, 901 F.”
— Neb. Rev. Stat. § 83-173(4) — 2 cases
Martin v. Nebraska Dep't of Corr. Servs., 671 N.W.2d 613 (Neb. 2003). “§ 83-173 allows the [D]irector to delegate appropriate powers and duties to department heads, it is not an appropriate power to delegate the forfeiture, withholding, and restoration of good time to the Chief Executive Officers of the facilities, in contravention of Neb.”
Klinger v. Nebraska Dep't of Corr. Servs., 824 F. Supp. 1374 (D. Neb. 1993). “Neb.Rev.Stat. § 83-173. 173. Pursuant to Jane Doe A, 901 F.”
— Neb. Rev. Stat. § 83-173(5) — 1 case
Martin v. Nebraska Dep't of Corr. Servs., 671 N.W.2d 613 (Neb. 2003). “§ 83-173 allows the [D]irector to delegate appropriate powers and duties to department heads, it is not an appropriate power to delegate the forfeiture, withholding, and restoration of good time to the Chief Executive Officers of the facilities, in contravention of Neb.”
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