Nebraska § 28-322 - Sexual abuse of an inmate, parolee, probationer, or problem solving court participant; terms, defined.

§ 28-322. Sexual abuse of an inmate, parolee, probationer, or problem solving court participant; terms, defined.

For purposes of sections 28-322 to 28-322.03:

(1) Department means the Department of Correctional Services;

(2) Inmate means any individual confined in a facility operated by the department or a jail;

(3) Jail means any jail or correctional facility of a city or county;

(4) Office means the Office of Probation Administration;

(5) Parolee means any individual under parole supervision;

(6) Person means:

(a) Any individual employed by the department, including any individual working in central administration of the department, any individual working under contract with the department, and any individual to whom the department has authorized or delegated control over an inmate or an inmate's activities;

(b) Any individual employed by a jail, including any individual working in central administration of the jail, any individual working under contract with the jail, and any individual to whom the jail has authorized or delegated control over an inmate or an inmate's activities; and

(c) Any individual employed by the office, including, but not limited to:

(i) Any probation officer, chief probation officer, juvenile probation officer, or juvenile intake probation officer, as those terms are defined in section 29-2246; or

(ii) Any individual:

(A) Working in probation administration or for any probation district;

(B) Working within any problem solving court under the purview of the office; or

(C) To whom the office or a problem solving court has authorized or delegated control over a probationer or problem solving court participant, or such person's activities, whether by contract or otherwise;

(7) Probationer means:

(a) Any individual under probation supervision, including, but not limited to, as a result of a sentence of probation or post-release supervision, pursuant to a deferred judgment, or pursuant to the Nebraska Juvenile Code; or

(b) Any individual subject to a presentence or predisposition investigation being completed by the office or subject to a probation intake; and

(8) Problem solving court participant means a criminal defendant or juvenile participating in any problem solving court program.

The control requirement in this section applies only to those nonemployees or noncontractors to whom the Department of Correctional Services has authorized or delegated control over an inmate or an inmate's activities. State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015).