Section 78-2-008 - Procedure008.01 Note As used in this Rule, disposition information shall include a description of any sentence imposed. Sentence information shall include location and length of confinement, length of probation, and amount of fine Terms of probation are not included.
008.01A - for all arrests made in the State of Nebraska as specified in 007.01 above: 008.01A1 - the arresting agency will send one copy of FBI fingerprint card and Form 1 to the Nebraska State Patrol. 008.01A1a - Exception 008.01A1a(1) -Form 1 and FBI fingerprint card shall not be sent to the State patrol for any child less than 18 years old unless: (1) the child has been convicted of a felony;(2) the child has unlawfully terminated his or her commitment to a Youth Development Center; or (3) the chid is a runaway, and a fingerprint check is needed for identification purposes to return the chid to his or her parents.008.01A1a(2) -When a person for whom a warrant has been issued for any offense surrenders him or herself to a prosecutor, the prosecutor shall promptly arrange to have the person formally booked by the appropriate law enforcement agency. If a person has not been formally booked for a non-felony arrest and felony charges are subsequently filed, the prosecutor shall promptly arrange formal booking.008.01A1a(3) -When the arrested person is not held for prosecution, that action shall be entered in the Final Disposition area of Form 1 and sent to the Nebraska State Patrol.008.01A2 - The arresting agency will retain the card stock of Form 2 and will forward all paper copies to the prosecutor unless final disposition of all matters is had in the arresting agency.008.01A3 - The prosecuting agency will denote its action on Form 2. If no changes are filed, a copy of Form 2 shall be filed with the Clerk of the County Court, who will forward same to the office of the State Court Administrator. The State Court Administrator shall forward same to the Nebraska State Patrol. If charges are filed, a copy of Form 2 shall be filed with the Clerk of the Court assuming jurisdiction. In either case, a copy of form 2 shall be returned to the arresting agency.008.01A4 - If any charges are filed, the court assuming jurisdiction shall send one copy of Form 3 to the Office of the State Court Administrator.008.01A5 - Upon the departure of the case(s) from the jurisdiction of the court, such court shall send a second copy of Form 3 to the Office of the State Court Administrator and return a copy to the arresting agency and; In the case of a felony bind over fill in identification information on Form 4 and submit that along with a copy of Form 3 to the district court or;
In the case of a misdemeanor conviction submit a copy of Form 3 to the agency assuming jurisdiction if any.
008.01A6 - Upon formal filing in the district court, that court will complete the filing information on Form 4 and send one copy of Form 4 to the Office of the State Court Administrator.008.01A7 - Upon disposition of each casein district court the remainder of Form 4 will be filled out and copies sent to the Office of the State Court Administrator and the arresting agency and; A copy of Form 4 will be transmitted to the agency, if any, assuming jurisdiction over the individual.
008.01A8 - If after a felony bind over the prosecutor, in is discretion, declines to pursue prosecution, the prosecutor=s action and date of action shall be recorded on the prosecutor=s copy of Form 2. Photostatic copies of Form 2 shall be made and distributed to: (a) The original arresting agency;(b) the Clerk of the County Court (who shall send same to the Office of the State Court Administrator). The State Court Administrator shall forward same to the Nebraska State Patrol.008.01A9 - Form 6 will be submitted to and through the Department of Correctional Services.008.01A10 - Upon change of probation status (completion, revocation, etc.), a copy of Form 4 showing the nature and date of such change shall be sent by the field Probation Officer to the State Probation Administrator. He shall forward same to the Nebraska State Patrol.008.01A11 - Post-conviction modifications within the State Court System shall be reported on Form 5 by the modifying court and shall, within 15 days, be sent to the State Court Administrator and the arresting agency.008.01A12 - If the defendant in any felony action pursues relief in the federal courts, it shall be the obligation of the State Attorney General to report to the Nebraska State Patrol and arresting agency on Form 5 only if such action results in the alteration of any conviction or sentence previously reported.008.01A13 - If the modification is an order for a new trial, and a new trial is not held, the prosecutor=s action and date of action shall be recorded on the prosecutor=s copy of Form 2. Photostatic copies of Form 2 shall be made and distributed to: (a) The original arresting agency;(b) The Clerk of the County Court (who shall end same to the Office of the State Court Administrator). The State Court Administrator shall forward same to the Nebraska State Patrol.008.01B - For all arrests made in the State of Nebraska as specified in 007.02 above: 008.01B1 - A record shall be kept of the arrest by the arresting agency or by the operator of the local criminal history record information system in which the agency participates.008.01B2 - When the arresting agency does not refer the case to a prosecutor, the agency shall, within 15 days, enter that action and the nature of the action on the arrest record as a disposition.008.01B2 - When the arresting agency does not refer the case to a prosecutor, the agency shall, within 15 days, enter that action and the nature of the action on the arrest record as a disposition.008.01B3 - When the prosecuting agency declines to file charges or chooses to divert the person arrested, the agency shall, within 15 days, notify the arresting agency or the operator of the local CHRI system of the action and the nature of the action.008.01B4 - The court making final disposition of the case shall, within 15 days, notify the arresting agency or the operator of the local CHRI of that disposition. Form 3 may be used for this purpose.008.01B5 - Any court making modification to any previously recorded disposition shall, within 15 days, notify the arresting agency or the operator of the local CHRI system of that modification. Form 5 may be used for this purpose.008.01B6 - The administering agency for a local incarceration facility shall, within 15 days, notify the arresting agency or the operator of the local CHRI of any disposition of that incarceration.008.01B7 - The State Probation Administrator shall, within 15 days, notify the arresting agency or the operator of the local CHRI of any disposition of any probationer which comes under the jurisdiction of the State Probation Department.78 Neb. Admin. Code, ch. 2, § 008