Current with changes through the 2024 First Special Legislative Session
Section 71-1204 - Emergency protective custody; dangerous sex offender determination; written certificate; contents(1) Except as provided in subsection (3) of this section, a mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the county attorney.(2) The certificate shall be in writing and shall include the following information: (a) The subject's name and address, if known;(b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known;(c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known;(d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known;(e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation;(f) The name and work address of the certifying mental health professional;(g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and(h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion.(3) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, a mental health professional who, upon evaluation of such person, determines that such person is a dangerous sex offender shall execute appropriate written documentation in a format provided by the tribe not later than twenty-four hours after the completion of such evaluation. A copy of such certificate shall be immediately forwarded to the person designated by the tribe.Neb. Rev. Stat. § 71-1204
Laws 2006, LB 1199, § 60.Amended by Laws 2024, LB 1288,§ 27, eff. 7/19/2024, op. 10/1/2024.