Once an incarcerated individual has been sentenced to the Department of Correctional Services, the incarcerated individual is sent to a reception center, either the Diagnostic and Evaluation Center or the Nebraska Correctional Center for Women. He/she will then be assigned an institutional number and will be fingerprinted, photographed, and given medical and dental examinations. During the initial evaluation period, staff put together a Classification Study for each incarcerated individual. Classification is a systematic process of identifying an incarcerated individual's characteristics, history and needs and then matching the inmate with the appropriate custody level, supervision requirements, and programming recommendations. This process results in the assignment of the incarcerated individual to one of the correctional institutions. The incarcerated individual's institutional placement will most likely change several times during the incarceration as he/she demonstrates progress and nears release.

The information is gathered by having the incarcerated individual complete questionnaires, take tests and talk with various staff members. Some of the information collected includes the incarcerated individual's criminal and work histories; social/family background; medical status; use of drugs or alcohol; educational achievements and needs; and assessments of psychological stability, victim potential and violent tendencies; and religious preference.

The Department also uses a numbered scoring system to help staff decide what custody level and amount of supervision will maintain public safety and institutional security while assisting in the incarcerated individual's rehabilitation. This system is based on one used by the Federal Bureau of Prisons and covers such areas as:

• Offense and length of sentence;
• Detainers filed or reported;
• Prior prison commitments;
• History of escapes or escape attempts;
• History of violence;
• Personal risk and adjustment factors;
• Any other concerns identified by staff.

The information contained in the Classification Study and the results of the scoring system are carefully reviewed by staff in order to make the incarcerated individual's initial classification assignment. It will include recommendations for work and/or school assignment, any counseling needs such as substance abuse treatment or mental health programming, and custody level.

The Department policies provide for classification reviews at least once a year for each inmate. Reviews will also be held if the inmate receives a promotion or demotion in custody level, a change in program or work assignment, a transfer to another correctional facility, or for any other reason(s) deemed necessary and appropriate by staff. Any review held after the incarcerated individual's initial classification, which may result in a change in custody, assignment, or facility is called a "reclassification" action.

Should an incarcerated individual be transferred to another correctional facility, two reviews of classification are required: one before the transfer in order to approve the move to the new facility and one after the incarcerated individual arrives at the new facility so a new program and/or work assignment can be made.

In general, incarcerated individuals who meet the following criteria may make application for work or educational release: 1) be within 18 months of his/her tentative release date or set for a parole hearing; 2) have demonstrated a level of responsible performance which provides reasonable assurance that he/she will comply with the policies, rules and regulations of the program, including consideration of his/her institutional adjustment and disciplinary record; and 3) have a medical examination within the past six months.

Incarcerated individuals who wish to be considered for placement on educational release must meet the following conditions in addition to those listed above: 1) have an approved education plan, including funding and acceptance; and 2) have served a sufficient amount of his/her sentence so as to not require a return to the institution following completion of the approved educational program.

There are six separate active Nebraska laws governing the release of every incarcerated individual committed to the Department. Because of the many legal opinions and court decisions regarding the interpretation of these laws, it is impracticable to develop comprehensible guidelines on this topic. Thus, an individual analysis of each committed incarcerated individual's case shall be conducted to ascertain the appropriate and proper application of the applicable law(s).

Parole eligibility is determined by the minimum sentence imposed by the Court; however, the Board of Parole, alone, has the authority to determine if and when parole may be granted. The Nebraska Board of Parole regularly reviews the inmate cases to determine if and/or when an inmate may be released on parole. These reviews are basically an interview with the offender and are not public meetings. All actions of the Board are by majority vote. If the Board schedules a Parole Hearing, anyone may attend and provide testimony, if they so desire. If you are a registered victim, you will be notified of any parole hearings. As a victim, you can testify before the Board of Parole, or submit a written statement for consideration by the Board. If you plan on testifying at the hearing, it would be helpful to contact the Board of Parole office at (402) 471-2156. Hearings are generally held at the institution where the offender is housed. You can contact the Board of Parole office to find out the time and location of the scheduled Hearing.

At the Parole Hearing, the offender will be given a chance to speak with the Board about his/her progress throughout the prison term. If you wish to testify, your testimony will be heard at this time. Please let the Chairperson of the Board know prior to the start of the Hearing that you desire to testify. At the conclusion of the Hearing the Board will decide whether or not to parole the offender. If the offender is paroled, he/she will be discharged that day following all processing out paperwork. If you have any fear of reprisal, you may present information to the Board in the form of a written statement prior to the Hearing. If you express your concern to the Board of Parole, this statement will be deemed confidential. Victim Assistance staff is available to accompany and support victims and survivors who choose to attend Parole Hearings.

If parole is granted, the inmate is assigned to a Parole Officer by the Office of Parole Administration to supervise the parolee while on parole status. At the time parole is granted, the parolee agrees to adhere to certain conditions of parole. If any of the conditions of parole are violated, the parolee may be brought before the Board of Parole for a review of that parolee. Parole may be revoked if the parolee fails to comply with the established conditions of parole. If the parole is revoked, the incarcerated individual is returned to the custody of the Nebraska Department of Correctional Services until re-paroled or discharged.

If you have any questions or concerns about the parole process of a specific case, you may either write or call the Board of Parole at:

Nebraska Board of Parole
Box 94754
Lincoln, NE 68509-4754 
Telephone: (402) 471-2156

Restitution Collection by the Nebraska Department of Correctional Services (NDCS) Frequently Asked Questions for Victims

Q. Restitution was ordered by the court, but my perpetrator was sentenced to prison. What happens now?

A. The Court of the county where restitution was ordered will submit that order to the NDCS. NDCS will then work with the incarcerated individual to collect restitution.

Q. How is restitution collected?

A. For those individuals who are ordered to pay restitution, NDCS will collect the funds as provided in the order and Title 72, Chapter 3 of the rules and regulations. Restitution will be deducted from inmate accounts after child support payments have been paid, but before other payments and fees are deducted. If a specific amount is not indicated in the order, NDCS will collect 20% of all wages or other compensation received for employment deposited in the incarcerated individual’s institutional account.

Q. How much money will I receive?

A. Monies received will depend on the income of the incarcerated individual and whether or not the incarcerated individual has the ability or opportunity to work. Income varies greatly from incarcerated individual to incarcerated individual and can include income from institution work (minimum pay $1.21/day) and work in the community through work release. NDCS will determine on a regular basis if funds are available to be collected. However, no restitution will be collected if by doing so the balance in an incarcerated individual’s institutional account would fall below $10.

Q. Who will be sending the money?

A. All restitution funds collected by NDCS will be sent to the District Court Clerk for the Court that issued the original order. The District Court Clerk will distribute the funds to the victim through a check. Once all restitution has been paid, the District Court Clerk will notify NDCS to stop collecting restitution from that incarcerated individual. In order to ensure you receive any restitution, always make sure the District Court Clerk has your updated contact information. The contact information for the District Court Clerks can be found here.

Q. When will I receive the money?

A. Each county has a different policy. However, the recommendation given to the District Court Clerks is for restitution to be sent on a monthly basis and only when the monthly amount to be paid is at a minimum $10. When you receive the money will also depend on whether or not the criminal case is being appealed. Current state statute and recent case law support the District Court holding all funds paid by the defendant until the appeal process is complete. This is because if the criminal conviction is reversed by an appeals court, the State is obliged to refund all fees, court costs, and restitution paid to the State by the defendant. The length of time for an appeal depends on the complexity of the criminal case, but the approximate time for them to be finalized is within 6-12 months.

Q. Who do I contact if I have any questions about restitution collection by NDCS?

A. If you do not know the case number or the county where the original order was issued, then you may contact Sarah Balcom, NDCS Staff Advocacy & Victim Services Coordinator by email at sarah.balcom@nebraska.gov or by phone at 402-219-3519. Sarah can help you locate the case number and county where the order was issued, but will not be able to answer specific questions about how much money you will receive or when you can expect to receive it.

If you know the case number and the county where the original order was issued, then you may contact the District Court Clerk from that county. Also always make sure the District Court Clerk has your updated contact information. The contact information for the District Court Clerks: https://supremecourt.nebraska.gov/courts/district-court/court-contacts 

The District Court Clerks will be able to assist you with answering: 1. Has the District Court received any restitution from NDCS? (If no restitution has been received by the District Court, then this may be because the incarcerated individual is unable to pay restitution because he or she is not earning any income or withdrawing restitution from the incarcerated individual's institutional account would result in the balance falling below $10.) 2. How much restitution has the District Court Received from NDCS? 3. What is the total amount of restitution currently being held by the District Court? 4. Has any restitution been disbursed? 5. How much restitution has been disbursed? 6. What is the date the restitution check was issued and mailed? 7. How do I get a copy of the restitution order? (There may be a small fee charged for receiving a paper copy of the order.) 8. Is the criminal case currently being appealed? (This means the funds will be held by the District Court until the appeal becomes final, which means 6-12 months or longer depending on the complexity of the criminal case.)

Please contact Sarah Balcom, NDCS Staff Advocacy & Victim Services Coordinator, by email at sarah.balcom@nebraska.gov or by phone at 402-219-3519. 

For some victims and survivors, seeing firsthand where incarcerated individuals are incarcerated helps them to understand what "time in prison" is really like. Consistent with security needs, the Nebraska Department of Correctional Services will arrange tours of our correctional facilities upon request. Please contact Sarah Balcom, NDCS Staff Advocacy & Victim Services Coordinator, by email at sarah.balcom@nebraska.gov or by phone at 402-219-3519 to arrange a tour.