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§ 1-1001. Uniform definitions of recidivism for Nebraska State Probation and Nebraska Problem-Solving Courts.

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   For the purpose of accurately assessing post-program recidivism across justice programs, Nebraska State Probation and Nebraska Problem-Solving Courts shall utilize the following uniform definitions of recidivism for all adults and juveniles within their respective programs.

   (A) Adults:

   As applied to adults, recidivism shall mean a final conviction of a Class I or II misdemeanor, a Class IV felony or above, or a Class W misdemeanor based on a violation of state law or an ordinance of any city or village enacted in conformance with state law, within 3 years of being successfully released.

   (B) Juveniles:

   (1) As applied to juveniles, recidivism shall mean that within 1 year of being successfully released from a probation or problem-solving court program the juvenile has:

   (a) an adjudication pursuant to Neb. Rev. Stat. § 43-247(1) or (2).

   (b) for a juvenile 14 years or older, a final conviction for a Class W misdemeanor based on a violation of state traffic laws or ordinances of any city or village enacted in conformance with state law; or

   (c) a prosecution and final conviction as an adult for any crimes set forth in subsection (A) above.

   (2) For juveniles that age out of the juvenile system within 1 year of program exit and who did not recidivate post-program as juveniles, the adult definition of post-program recidivism, including any drug-related or alcohol-related conviction, shall apply.

§ 1-1001 adopted September 25, 2013.

This page was last modified on Monday, September 30, 2013