Key Information

Relevant Statutes and Rules

Neb. Rev. Stat. §§ 29-1822, 29-1823, 29-1824

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

None stated.

Qualifications of examiners

"any physician, psychiatrist, or psychologist"

Neb. Rev. Stat. Ann. § 29-1823(1) (West)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

"[T]he judge shall order the defendant to be committed to the Department of Health and Human Services to provide appropriate treatment to restore competency. This may include commitment to a state hospital for the mentally ill, another appropriate state-owned or state-operated facility, or a contract facility or provider pursuant to an alternative treatment plan proposed by the department and approved by the court under subsection (2) of this section"

Neb. Rev. Stat. Ann. § 29-1823(1) (West)

"(2)(a) If the department determines that treatment by a contract facility or provider is appropriate, the department shall file a report outlining its determination and such alternative treatment plan with the court. Within twenty-one days after the filing of such report, the court shall hold a hearing to determine whether such treatment is appropriate. The court may approve or deny such alternative treatment plan.
(b) A defendant shall not be eligible for treatment by a contract facility or provider under this subsection if the judge determines that the public's safety would be at risk."

Neb. Rev. Stat. Ann. § 29-1823(2) (West)

What is the test for restorability

"not a substantial probability that the defendant will become competent within the reasonably foreseeable future"

Neb. Rev. Stat. Ann. § 29-1823(4) (West)

In determining whether there is a substantial probability that a defendant will become competent in the reasonably foreseeable future, the court shall take into consideration the likely length of any sentence that would be imposed upon the defendant.

Neb. Rev. Stat. Ann. § 29-1823(6) (West)

What is the procedure after restoration

"If during the period of time between the sixty-day review hearings set forth in subsection (3) of this section it is the opinion of the department that the defendant is competent to stand trial, the department shall file a report outlining its opinion with the court and within seven days after such report being filed the court shall hold a hearing to determine whether or not the defendant is competent to stand trial."

Neb. Rev. Stat. Ann. § 29-1823(4) (West)

What is the procedure if there is a finding of unrestorability

"[T]he state shall either (a) commence the applicable civil commitment proceeding that would be required to commit any other person for an indefinite period of time or (b) release the defendant"

Neb. Rev. Stat. Ann. § 29-1823(4) (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

None stated.