NCJ Number
52830
Journal
Creighton Law Review Volume: 11 Issue: 1 Dated: (OCTOBER 1977) Pages: 150-173
Date Published
1978
Length
24 pages
Annotation
NEBRASKA LAW GOVERNING COUNTY AND CITY JAILS IS REVIEWED, AND PROPOSED MINIMUM STANDARDS FOR THESE FACILITIES ARE SUMMARIZED.
Abstract
IN NEBRASKA, 87 STATUTORY PROVISIONS BEAR DIRECTLY UPON THE ESTABLISHMENT OR ADMINISTRATION OF LOCAL JAILS. THE MOST SIGNIFICANT PROVISIONS, PARTICULARLY THOSE WHICH SPECIFICALLY ADDRESS THE CONDITIONS OF INCARCERATION (AUTHORIZATION, ADMINISTRATION, STAFF AND OPERATIONS, PHYSICAL FACILITIES, FINANCIAL OPERATIONS, RECORDS, HEALTH AND SANITATION REQUIREMENTS), ARE SUMMARIZED. A PROPOSAL FOR MINIMUM STANDARDS FOR JAILS, SUBMITTED TO THE NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES BY THE STATE BAR ASSOCIATION'S COMMITTEE ON CORRECTIONAL LAW AND PRACTICE, IS REVIEWED. THE REVIEW ENCOMPASSES THE PROPOSAL'S ADMINISTRATIVE PROVISIONS (GENERAL INSTRUCTIONS, APPLICATION OF STANDARDS, FACILITY PLANNING, FACILITY DESIGN, PERSONNEL, RECORDS AND STATISTICS, PUBLIC INFORMATION, INMATE CLASSIFICATION, INMATE SERVICES) AND PROVISIONS RELATING TO SUBSTANTIVE INMATE RIGHTS IN THE AREAS OF PROGRAMS AND ACTIVITIES, DISCIPLINE, HEALTH AND FOOD SERVICES, AND HYGIENIC STANDARDS. THE PROPOSED STANDARDS ARE ASSESSED IN THE CONTEXT OF FEDERAL JUDICIAL DECISIONS ESTABLISHING MINIMUM LEVELS FOR CERTAIN JAIL CONDITIONS AND INMATE RIGHTS. IT IS CONCLUDED THAT EXISTING STATUTORY LAW GOVERNING JAILS IN NEBRASKA IS INADEQUATE WITHOUT THE ADOPTION OF MINIMUM STANDARDS SUCH AS THOSE FORMULATED BY THE STATE BAR. IT IS POINTED OUT THAT CHANGE IS INEVITABLE AND THAT LOCAL CORRECTIONS OFFICIALS STILL HAVE THE OPPORTUNITY TO HELP DETERMINE THE DIRECTION OF THAT CHANGE. (LKM)