Nebraska Parole Process
Up to 160 days prior to a final parole hearing a Nebraska Department of Correctional Services (NDCS) Reentry Specialist assigned to the institution where the offender is incarcerated will obtain a residence plan where the offender would like to reside if granted parole. Once the plan is submitted to the Division of Parole Supervision (DPS), the Parole Supervisor will assign the case to a Parole Officer (PO) to investigate.
The Nebraska Board of Parole has a Memorandum of Agreement with the Winnebago Tribe of Nebraska as well as a Memorandum of Agreement with the Santee Sioux Nation; therefore, residence plans to these locations will be considered. There is currently no Memorandum of Agreement with the Omaha Tribe of Nebraska.
The Interstate Compact for Adult Offender Supervision is administered within DPS. All states, the District of Columbia, U.S. Virgin Islands, and Puerto Rico are members of the Compact. Offenders desiring to transfer parole supervision under the Compact will need to work with the assigned NDCS Reentry Specialist so possible transfer can be explored. If a determination is made to then submit a Transfer Request, under Interstate Compact Rule, the request can be submitted no earlier than 120 calendar days prior to an offender’s planned release from a correctional facility. Nebraska has no Interstate application fee.
For more information regarding the parole process, go to Parole Expectations / Process.
Once the case is assigned, a PO will conduct an investigation, which includes a visit to the residence. Multiple attempts to contact the residence provider will be made by the assigned PO in an effort to complete the investigation. This includes by phone, email, ground mail, and in person, if possible. For Interstate Compact clients (from other states) in which a Transfer Request is received for investigation, a PO will make multiple attempts to contact the residence provider utilizing the same means with the exception of email.
The investigation will also include identification of the residence provider and a check of the individual(s) in the Nebraska Criminal Justice Information System (NCJIS).
The PO will discuss with the residence provider the individual’s relationship with the client and seek information on what the residence provider sees as the client’s needs.
For sex offenders, residence plans will be investigated to ensure they do not violate state statute or ordinance, specifically with regard to schools/daycares and other locations restricted by statute and community regulations. In addition, the PO will complete a records check of the Nebraska Sex Offender Registry and will inform the residence provider and landlord the address will be listed on the Registry.
The PO will determine if a victim resides at the residence. A client will not be permitted to reside with a victim or domestic partner who is a possible victim until a Batterer Invention Program has been completed by the client.
During the investigation, the PO will determine whether children reside in the home. Children living in the home are not to be made to move to another residence to make space for the client. If such is required, the residence will be denied.
As part of the investigation, the PO will determine if a co-defendant or other felon resides in the residence. If such is discovered, the PO will take into consideration the total circumstances and look for other viable alternatives if the plan cannot work. Depending on the situation, there may be times when it is appropriate for the client to reside with a felon.
Employment possibilities in the area will be considered including transportation.
Of consideration at all times is the safety of victims and children residing in the home and recommendations of Child Protective Service Workers will be followed.
The PO will advise the residence provider of the following and the residence provider shall agree to:
- The right of DPS to conduct warrantless searches of the client’s residence.
- There shall be no alcohol or illegal drugs in the residence.
- There shall be no weapons in the residence. The only exception is for a law enforcement officer’s residence in which the weapon is kept in a secure gun safe.
The PO will discuss with the residence provider the client’s needs and determine the assistance the individual will be able to provide such as transportation to and from work, programming, and the parole office. Discussion will also include if the residence provider is able to assist with financial support until the client secures employment.
The PO will give the residence provider his/her contact information.
The PO investigating the residence plan will provide the residence provider information regarding the client’s criminal record and ascertain the residence provider is familiar with the client and knows of assaultive or potentially dangerous behavior.
As part of the investigation, the PO will contact the employer if employment has been identified. The employer will be provided the PO’s business card and encouraged to call if problems/concerns arise with the parole client. If there is no employment identified, the client will be allowed to job seek.
If granted parole, the client is to report to the assigned PO within 24 hours of release on parole for orientation. For offenders approved for transfer of supervision to Nebraska, the offender is to report to the PO within the timeframe indicated on the reporting instructions. Orientation with a new PO will also be completed when supervision is transferred from one PO to another.
Orientation may occur either in the parole office or in a field location convenient to the officer and client. Parents/spouses or other support person(s) are encouraged to attend orientation in order to gain an understanding of the expectations of supervision and so they can help to hold the client accountable.
The PO will review the client’s conditions of supervision. The PO will also explain the Effective Practices in Community Supervision (EPICS) structure utilized for sessions with the PO, which includes learning, practice, and homework. The PO will also discuss during orientation any special conditions the client has and provide any needed referrals to substance abuse, mental health, medical, or basic needs assistance. A determination will also be made by the PO as to whether other referrals should be made such as for a General Educational Development (GED) or an employment class.
A Guide to the Awarding of Incentives and Application of Sanctions for Clients under the Supervision of the Division of Parole Supervision will be reviewed with the client, specifically the use of sanctions and incentives available while on parole supervision.
A client is not permitted to possess weapons as indicated on the Certificate of Parole the client receives. However, a few exceptions will be explained during orientation when parole conditions are reviewed.
Please be aware that the client’s supervision may include that the client not associate with known felons or people involved in criminal activity (see General and Specific Conditions of Parole for when this may be allowed). It is the client’s responsibility to know with whom they are associating and to ensure they are not associating with convicted felons. Families can assist with this by adhering to the same standards.
General and Specific Conditions of Parole
All clients released on parole agree to and shall comply with each of the following conditions of parole (Interstate Compact clients also agree to and shall comply with each):
- RELEASE: Upon release from the institution, go directly to the program approved by the Parole Board and report to your assigned parole officer, or other persons designated by the Division of Parole Supervision, within 24 hours of being released on parole.
- DIRECTIVES: Obey all written or verbal directives of your parole officer and of any other personnel authorized by the Division of Parole Supervision.
- COMMUNICATION DEVICES: Notify your parole officer of all electronic devices you use for personal communication and the user information (name, number, password, if any) for each device. Electronic devices include, but are not limited to, telephones (personal and business), tablets, computers, pagers, social medial accounts, and email addresses.
- SEARCH & SEIZURE: Your parole officer and/or personnel of the Division of Parole Supervision is permitted to conduct routine searches of your person, residence, vehicle or any property under your control, at such times as they deem necessary.
- LAWS: Obey all city, county, state and federal laws, ordinances and orders. Conduct yourself as a good citizen. Report all contacts with law enforcement to your parole officer immediately. Agreements with law enforcement that cause you to violate your parole agreement are strictly prohibited. Conduct prohibited by law may result in parole revocation even though no criminal conviction occurs.
- INTOXICANTS/NARCOTICS: Do not purchase, possess, own, keep in your residence, or consume any alcoholic beverages, narcotics, or dangerous drugs without a valid prescription from a licensed physician. Do not go to any bars, taverns or business establishments where the sale of alcoholic beverages is the primary means of business. Submit to alcohol or narcotic testing, including medically recognized testing for blood alcohol content, at the request of any parole staff or law enforcement officer. Notify your parole officer of all medications, vitamins and herbs that you are taking, whether it is over-the-counter or prescribed, prior to any drug testing.
- WEAPONS: Do not possess, own, carry or have under your control any type of weapon or ammunition.
- ABSCONDING/TRAVEL: Keep your parole officer informed of your whereabouts at all times. Failure to do so is a violation of parole supervision. Verbal permission from your assigned parole officer, or his/her immediate supervisor, is required before you leave your approved county of residence. Do not leave the State of Nebraska without first obtaining written permission from the Board of Parole. Written permission to travel to a designated state does not grant permission to travel to any other state. Permission to travel within Nebraska or to another state does not authorize travel to reservation or tribal lands unless explicitly agreed to by the Nebraska Board of Parole. IF YOU ABSCOND FROM PAROLE SUPERVISION, YOU WILL PAY ALL EXPENSES INCURRED IN YOUR RETURN.
- COMMUNITY/CIVIC OBLIGATIONS:
- RESIDENCE: Maintain an approved residence and do not change your approved place of residence without first obtaining permission from your assigned parole officer. Your approved residence for parole is:___________________________. If you are removed from a non-permanent residence while on parole, your parole officer may require you to reside at a substantially similar facility to that listed on your parole certificate.
- EMPLOYMENT/EDUCATION PROGRAM: Maintain an approved employment/education program as defined by your parole officer. Your assigned parole officer must approve any changes in your employment or education program. The approved program to which you are being released is: ________.
- ASSOCIATES: Do not associate with persons known to be engaged in criminal activities, nor with persons known to have been convicted of a crime, without written permission from your parole officer. Association includes contact of any kind.
- FINANCIAL OBLIGATIONS:
Provide for the financial needs of your dependents; including any court-ordered child support payments, restitution, and/or fines. Confer with your parole officer before entering into any major credit transactions.
You are responsible for paying monthly programming fees to the Division of Parole Supervision. Fees are due and payable on or before the tenth day of each month and apply to the previous month’s supervision and services. You will begin paying fees the second month after your release on parole.
The amount of the monthly fee is $25.00.
The Nebraska Board of Parole may impose additional conditions on Nebraska parolees, which are referred to as Special Conditions.
Some examples include:
- Alcohol Monitoring
- Substance Abuse Programming as Recommended
- Cognitive Thinking Class
- Electronic Monitoring
- No Contact with Victims
- No contact with Children/Vulnerable Persons
- No Loitering/Residing Near Children
- No Pornographic Material
- Limited Computer Usage
- No Electronic Communications
- Participate in Sex Offender Treatment
- Sex Offender Programming
- Participate in and Complete Anger Management
- Participate in and Complete Domestic Violence Programming
- Take Medication as Prescribed
- Adhere to Transitional Living Facility Program/Rules
To assist clients and their families, the Division of Parole Supervision has identified known community resources.
Victim Assistance Representative
Andrea Wever, Specialized Parole Officer #402-480-2744 (Cell)
The Division of Parole Supervision has a Victim Assistance Representative and partners with the Lincoln Police Department, Adult Probation Administration, the Nebraska Department of Correctional Services, and other providers to help those who have been victimized in our communities. Parole’s representative is a resource for community members, parole clients, staff, and their families for issues of victimization, such as domestic violence, assault, and property crimes. Parole’s Victim Assistance Representative is available to attend with and support community victims at parole hearings, take phone calls from victims of paroled individuals, and participate in Victim Offender Dialogues.