Nebraska § 83-170 - Terms, defined.

§ 83-170. Terms, defined.

As used in the Nebraska Treatment and Corrections Act, unless the context otherwise requires:

(1) Board means the Board of Parole;

(2) Committed offender means any person who, under any provision of law, is sentenced or committed to a facility operated by the department or is sentenced or committed to the department other than a person adjudged to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247 by a juvenile court;

(3) Department means the Department of Correctional Services;

(4) Director means the Director of Correctional Services;

(5) Facility means any prison, reformatory, training school, reception center, community guidance center, group home, or other institution operated by the department;

(6) Good time means any reduction of sentence granted pursuant to sections 83-1,107 and 83-1,108;

(7) Maximum term means the maximum sentence provided by law or the maximum sentence imposed by a court, whichever is shorter;

(8) Minimum term means the minimum sentence provided by law or the minimum sentence imposed by a court, whichever is longer;

(9) Pardon authority means the power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations;

(10) Parole term means the time from release on parole to the completion of the maximum term, reduced by good time;

(11) Person committed to the department means any person sentenced or committed to a facility within the department;

(12) Restrictive housing means conditions of confinement that provide limited contact with other offenders, strictly controlled movement while out of cell, and out-of-cell time of less than twenty-four hours per week; and

(13) Solitary confinement means the status of confinement of an inmate in an individual cell having solid, soundproof doors and which deprives the inmate of all visual and auditory contact with other persons.

Applies retroactively to prisoners who receive Board of Pardon approval. Johnson & Cunningham v. Exon, 199 Neb. 154, 256 N.W.2d 869 (1977).

This section is not applicable to the imposition of a sentence by the trial court. State v. Suggett, 189 Neb. 714, 204 N.W.2d 793 (1973).

Under life sentence with no minimum stated, the statutory minimum of ten years for second degree murder would apply for purposes of eligibility for parole. State v. Thompson, 189 Neb. 115, 201 N.W.2d 204 (1972).