Bill > LB24

This bill modifies provisions related to probation fees and revocation procedures in Nebraska. For probation fees, the bill expands the criteria for waiving monthly probation programming fees, allowing courts to waive fees if an offender was previously found indigent or would face undue hardship due to limited income, employment, school status, or physical/mental disability. The bill also adds a new provision allowing probation terms to be extended by joint request of the probationer and prosecutor until the motion to revoke probation is resolved or until the maximum probation period expires. For probation revocation, the bill maintains existing protections such as requiring a hearing with proper notice and clear and convincing evidence of a violation, and it continues to limit revocation proceedings for felony probationers to cases where the offender has already served at least 90 days of cumulative custodial sanctions. The bill ensures that any term extension request must be made with the probationer represented by counsel or with the court finding that the request is made freely, voluntarily, knowingly, and intelligently. These changes aim to provide more flexibility in probation management and protect probationers' rights during potential revocation proceedings.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59374