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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Nebraska Neb. Rev. Stat. § 29-203 District judges and county judges; conservators of the peace; jurisdiction.
The judges of the district courts in their respective districts, and the magistrates mentioned in section 29-201 in their respective counties, shall jointly and severally be conservators of the peace
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within their respective jurisdictions, and shall have full power to enforce or cause to be enforced all laws that now exist or that shall hereafter be made for the prevention and punishment of offenses, or for the preservation and observance of the peace. Judges of the district courts shall have the same powers to require securities for the keeping of the peace and good behavior, and bail for appearance in courts to answer complaints to keep the peace, and for crimes and offenses committed in their respective districts as any of the magistrates aforesaid have in their respective counties.
All No Court Yes
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Nebraska Neb. Rev. Stat. § 29-426 Citation; failure to appear; penalty.
Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine
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of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.
$0 - $500 Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 29-436 Infraction, penalties.
Any person guilty of an infraction when a penalty is not otherwise specified shall: (1) For the first offense be fined not more than one hundred dollars; (2) upon a
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second conviction for the same infraction within a two-year period be fined not less than one hundred dollars and not more than three hundred dollars; and (3) upon a third or subsequent conviction for the same infraction within a two-year period be fined not less than two hundred dollars and not more than five hundred dollars.
$0 - $500 All Yes All Yes
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Nebraska Neb. Rev. Stat. § 28-1463.06 Property subject to forfeiture; hearing.
In addition to the penalties provided in the Child Pornography Prevention Act, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as
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defined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of the Child Pornography Prevention Act.
All No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class I misdemeanor........ Maximum — not more than one year imprisonment, or one thousand dollars fine, or both Minimum — none
$0 - $1000

Class I Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class II misdemeanor....... Maximum — six months imprisonment, or one thousand dollars fine, or both Minimum — none
$0 - $1000

Class II Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class III misdemeanor...... Maximum — three months imprisonment, or five hundred dollars fine, or both Minimum — none
$0 - $500

Class III Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class IIIA misdemeanor..... Maximum — seven days imprisonment, five hundred dollars fine, or both Minimum — none
$0 - $500

Class IIIA Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class IV misdemeanor....... Maximum — no imprisonment, five hundred dollars fine Minimum — none
$0 - $500

Class IV Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class V misdemeanor........ Maximum — no imprisonment, one hundred dollars fine Minimum — none
$0 - $100

Class V Misdemeanor
Misdemeanor No All Yes
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class W misdemeanor....... Driving under the influence or implied consent First conviction Maximum — sixty days imprisonment and five hundred dollars fine Mandatory minimum — seven days imprisonment and five hundred dollars fine
$500

Class W Misdemeanor - First Conviction
Misdemeanor Yes All No
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class W misdemeanor....... Driving under the influence or implied consent Second conviction Maximum — six months imprisonment and five hundred dollars fine Mandatory minimum — thirty days imprisonment and five hundred dollars fine
$500

Class W Misdemeanor - Second Conviction
Misdemeanor Yes All No
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Nebraska Neb. Rev. Stat. § 28-106 (1) Misdemeanors; classification of penalties; sentences; where served.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which
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are distinguished from one another by the following penalties which are authorized upon conviction:Class W misdemeanor....... Driving under the influence or implied consent Third conviction Maximum — one year imprisonment and one thousand dollars fine Mandatory minimum — ninety days imprisonment and one thousand dollars fine
$1000

Class W Misdemeanor - Third Conviction
Misdemeanor Yes All No
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Nebraska Neb. Rev. Stat. § 33-106 (1) Clerk of the district court; fees; enumerated.
(1) In addition to the judges retirement fund fee provided in section 24-703 and the fee provided in section 33-106.03 and except as otherwise provided by law, the fees of
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the clerk of the district court shall be as follows: There shall be a docket fee of forty-two dollars for each civil and criminal case except (a) a case commenced by filing a transcript of judgment as hereinafter provided, (b) proceedings under the Nebraska Workers' Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged, and (c) a criminal case appealed to the district court from any court inferior thereto as hereinafter provided. There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien. There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.
$42

Docket Fee
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Nebraska Neb. Rev. Stat. § 33-106 (1) Clerk of the district court; fees; enumerated.
(1) In addition to the judges retirement fund fee provided in section 24-703 and the fee provided in section 33-106.03 and except as otherwise provided by law, the fees of
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the clerk of the district court shall be as follows: There shall be a docket fee of forty-two dollars for each civil and criminal case except (a) a case commenced by filing a transcript of judgment as hereinafter provided, (b) proceedings under the Nebraska Workers' Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged, and (c) a criminal case appealed to the district court from any court inferior thereto as hereinafter provided. There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien. There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.
$27

Criminal Appeal Fee
All Yes All No
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Nebraska Neb. Rev. Stat. § 33-106 (2) Clerk of the district court; fees; enumerated.
(2) In all cases, other than those appealed from an inferior court or original filings which are within jurisdictional limits of an inferior court and when a jury is demanded
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in district court, the docket fee shall cover all fees of the clerk, except that the clerk shall be paid for each copy or transcript ordered of any pleading, record, or other paper and that the clerk shall be entitled to a fee of fifteen dollars for making a complete record of a case.
$15

Records Fee
All Yes All No
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Nebraska Neb. Rev. Stat. § 24-703 (3) Judges; contributions; payment; funding of system; late fees.
3) Except as otherwise provided in this subsection, a Nebraska Retirement Fund for Judges fee of six dollars shall be taxed as costs in each (a) civil cause of action,
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criminal cause of action, traffic misdemeanor or infraction, and city or village ordinance violation filed in the district courts, the county courts, and the separate juvenile courts, (b) filing in the district court of an order, award, or judgment of the Nebraska Workers' Compensation Court or any judge thereof pursuant to section 48-188, (c) appeal or other proceeding filed in the Court of Appeals, and (d) original action, appeal, or other proceeding filed in the Supreme Court. In county courts a sum shall be charged which is equal to ten percent of each fee provided by sections 33-125, 33-126.02, 33-126.03, and 33-126.06, rounded to the nearest even dollar. No judges retirement fee shall be charged for filing a report pursuant to sections 33-126.02 and 33-126.06. When collected by the clerk of the district or county court, such fees shall be paid and information submitted to the director in charge of the judges retirement system on forms prescribed by the board by the clerk within ten days after the close of each calendar quarter. The board may charge a late administrative processing fee not to exceed twenty-five dollars if the information is not timely received or the money is delinquent. In addition, the board may charge a late fee of thirty-eight thousandths of one percent of the amount required to be submitted pursuant to this section for each day such amount has not been received. Such director shall promptly thereafter remit the same to the State Treasurer for credit to the fund. No Nebraska Retirement Fund for Judges fee which is uncollectible for any reason shall be waived by a county judge as provided in section 29-2709.
$6

Judge Retirement Fee
All Yes Court No
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Nebraska Neb. Rev. Stat. § 29-2262.06 Probation: Fees/ waiver; when; failure to pay; effect
(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a
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one-time administrative enrollment fee and thereafter a monthly probation programming fee.(2) Participants in non-probation-based programs or services in which probation personnel or probation resources are utilized pursuant to an interlocal agreement authorized by subdivision (16) of section 29-2252 and in which all or a portion of the costs of such probation personnel or such probation resources are covered by funds provided pursuant to section 29-2262.07 shall pay the one-time administrative enrollment fee described in subdivision (3)(a) of this section and the monthly probation programming fee described in subdivision (3)(c) of this section. In addition, the provisions of subsections (4), (7), and (10) of this section applicable to probationers apply to participants in non-probation-based programs or services. Any participant in a non-probation-based program or service who defaults on the payment of any such fees may, at the discretion of the court, be subject to removal from such non-probation-based program or service. This subdivision does not preclude a court or other governmental entity from charging additional local fees for participation in such non-probation-based programs and services or other similar non-probation-based programs and services. (3) The court shall establish the administrative enrollment fee and monthly probation programming fees as follows: (a) Adult probationers placed on either probation or intensive supervision probation and participants in non-probation-based programs or services shall pay a one-time administrative enrollment fee of thirty dollars. The fee shall be paid in a lump sum upon the beginning of probation supervision or participation in a non-probation-based program or service; (b) Adult probationers placed on probation shall pay a monthly probation programming fee of twenty-five dollars, not later than the tenth day of each month, for the duration of probation; and (c) Adult probationers placed on intensive supervision probation and participants in non-probation-based programs or services shall pay a monthly probation programming fee of thirty-five dollars, not later than the tenth day of each month, for the duration of probation or participation in a non-probation-based program or service. (4) The court shall waive payment of the monthly probation programming fees in whole or in part if after a hearing a determination is made that such payment would constitute an undue hardship on the offender due to limited income, employment or school status, or physical or mental handicap. Such waiver shall be in effect only during the period of time that the probationer or participant in a non-probation-based program or service is unable to pay his or her monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. (6) If the court determines that the default in payment described in subsection (5) of this section was not attributable to a deliberate refusal to obey the order of the court or to failure on the probationer's part to make a good faith effort to obtain the funds required for payment, the court may enter an order allowing the probationer additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion in whole or in part. (7) No probationer or participant in a non-probation-based program or service shall be required to pay more than one monthly probation programming fee per month. This subsection does not preclude local fees as provided in subsection (2) of this section. (8) The imposition of monthly probation programming fees in this section shall be considered separate and apart from the fees described in subdivisions (2)(m) and (o) of section 29-2262. (9) Any adult probationer received for supervision pursuant to section 29-2637 or the Interstate Compact for Adult Offender Supervision shall be assessed both a one-time administrative enrollment fee and monthly probation programming fees during the period of time the probationer is actively supervised by Nebraska probation authorities. (10) The probationer or participant in a non-probation-based program or service shall pay the fees described in this section to the clerk of the court. The clerk of the court shall remit all fees so collected to the State Treasurer for credit to the Probation Program Cash Fund.
$30 - $35

Probation Fee
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Nebraska Neb. Rev. Stat. § 29-2262 Probation; conditions
(1) When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding
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life. No offender shall be sentenced to probation if he or she is deemed to be a habitual criminal pursuant to section 29-2221. (2) The court may, as a condition of a sentence of probation, require the offender: (a) To refrain from unlawful conduct; (b) To be confined periodically in the county jail or to return to custody after specified hours but not to exceed the lesser of ninety days or the maximum jail term provided by law for the offense; (c) To meet his or her family responsibilities; (d) To devote himself or herself to a specific employment or occupation; (e) To undergo medical or psychiatric treatment and to enter and remain in a specified institution for such purpose; (f) To pursue a prescribed secular course of study or vocational training; (g) To attend or reside in a facility established for the instruction, recreation, or residence of persons on probation; (h) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons; (i) To possess no firearm or other dangerous weapon if convicted of a felony, or if convicted of any other offense, to possess no firearm or other dangerous weapon unless granted written permission by the court; (j) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his or her address or his or her employment and to agree to waive extradition if found in another jurisdiction; (k) To report as directed to the court or a probation officer and to permit the officer to visit his or her home; (l) To pay a fine in one or more payments as ordered; (m) To pay for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services; (n) To perform community service as outlined in sections 29-2277 to 29-2279 under the direction of his or her probation officer; (o) To be monitored by an electronic surveillance device or system and to pay the cost of such device or system if the offender has the financial ability; (p) To participate in a community correctional facility or program as provided in the Community Corrections Act; (q) To successfully complete an incarceration work camp program as determined by the Department of Correctional Services; (r) To satisfy any other conditions reasonably related to the rehabilitation of the offender; (s) To make restitution as described in sections 29-2280 and 29-2281; or (t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06. (3) When jail time is imposed as a condition of probation under subdivision (2)(b) of this section, the court shall advise the offender on the record the time the offender will serve in jail assuming no good time for which the offender will be eligible under section 47-502 is lost and assuming none of the jail time imposed as a condition of probation is waived by the court. (4) Jail time may only be imposed as a condition of probation under subdivision (2)(b) of this section if: (a) The court would otherwise sentence the defendant to a term of imprisonment instead of probation; and (b) The court makes a finding on the record that, while probation is appropriate, periodic confinement in the county jail as a condition of probation is necessary because a sentence of probation without a period of confinement would depreciate the seriousness of the offender's crime or promote disrespect for law. (5) In all cases in which the offender is guilty of violating section 28-416, a condition of probation shall be mandatory treatment and counseling as provided by such section. (6) In all cases in which the offender is guilty of a crime covered by the DNA Identification Information Act, a condition of probation shall be the collecting of a DNA sample pursuant to the act and the paying of all costs associated with the collection of the DNA sample prior to release from probation.
Fee for Drug Tests and Monitoring Devices
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Nebraska Neb. Rev. Stat. § 29-2281 Restitution; determination of amount; manner of payment
To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by
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the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration. A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution. The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant's final release date from imprisonment, whichever is later. Restitution payments shall be made through the clerk of the court ordering restitution. The clerk shall maintain a record of all receipts and disbursements.
Restitution
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