The purpose of § 6-1901 is to provide the courts and probation with a procedure to ensure prompt court review of requests for the imposition of custodial sanctions.
§ 6-1901.Custodial sanctions.
Article 19: Nebraska Court Rules for Probation Practices · Last amended June 29, 2016 · Last verified July 22, 2026
In one sentence§ 6-1901 sets the timeline and procedure Nebraska courts and probation officers must follow when a probationer faces a custodial sanction for violating probation, from the initial violation report through any hearing and final commitment order.
Full Text of § 6-1901
(A) When a probationer, who is eligible for a custodial sanction pursuant to Neb. Rev. Stat. § 29-2266.02(3) (b), admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, or when such probationer declines to acknowledge the violation of probation, the violation report and request for a custodial sanction shall be forwarded by the probation office to the court within 2 working days following the probation officer's detection of the violation, for judicial approval or denial.
(B) If the probationer admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, the court shall either: (1) if the court approves the custodial sanction, within 5 judicial days of receiving the violation report and request for a custodial sanction, issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction; or (2) schedule a hearing to determine whether the requested sanction is too severe or not severe enough.
(C) If the probationer declines to acknowledge the violation or declines to agree to the custodial sanction, the probation officer shall immediately obtain a hearing date from the court.
(D) The court shall make every effort to conduct a hearing within 10 judicial days following receipt of the notification of violation report and request for a custodial sanction. If a hearing cannot be held within this timeframe, one shall be scheduled at the earliest opportunity. If the probationer does not have counsel and requests counsel but cannot afford one, the court shall appoint counsel to represent the probationer prior to the hearing. The probation officer shall also provide notice of the hearing to the appropriate prosecuting attorney and to the probationer.
(E) The court shall receive into evidence the affidavit in support of custodial sanction and any evidence provided by the probationer or counsel for the State or counsel for the defendant. An assigned probation officer shall appear. The hearing may be held, and attorneys, the probation officer, and the probationer may appear, by way of video or other technology when available.
(F) After the hearing, if the court determines that the probationer has violated probation and that a custodial sanction should be imposed, the court shall issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction. Otherwise, the court shall issue an order denying the request for custodial sanction.
Amendment History
§ 6-1901 adopted December 16, 2015; § 6-1901 amended June 29, 2016.
Plain-English Summary
§ 6-1901 tells a probation office and a court exactly how fast they need to move when a probationer is accused of violating probation and custody is on the table as a sanction. If the probationer admits the violation, agrees to the custodial sanction, and waives a hearing in writing, the probation office has two working days to send the violation report and sanction request to the court. The court then has five judicial days to approve it and issue a commitment order spelling out the time, date, location, and length of the sanction — or to schedule a hearing instead if the proposed sanction looks too harsh or too lenient.
If the probationer will not admit the violation or will not agree to the sanction, the rule shifts course. The probation officer must get a hearing date right away, and the court is expected to hold that hearing within ten judicial days of receiving the violation report. Anyone who cannot afford a lawyer and asks for one gets counsel appointed before the hearing happens, and the probation officer has to notify both the prosecutor and the probationer of when the hearing will take place.
At the hearing itself, the court hears the affidavit supporting the custodial sanction along with any evidence the probationer or either side’s counsel offers, and an assigned probation officer has to appear. The rule allows video appearances for attorneys, the probation officer, and the probationer when the technology is available. Whatever the court decides — impose the sanction or deny the request — it has to issue a written order.
Frequently Asked Questions
How fast does the probation office have to act after finding a probation violation?
When the probationer admits the violation and agrees to the sanction in writing, the probation office has two working days to forward the violation report and sanction request to the court for approval or denial.
What happens if the probationer denies the violation instead of admitting it?
The probation officer has to get a hearing date immediately, and the court must try to hold that hearing within ten judicial days of receiving the violation report and sanction request.
Can a probationer get a court-appointed lawyer for a custodial sanction hearing?
Yes. If the probationer does not have counsel, asks for one, and cannot afford one, the court must appoint counsel before the hearing takes place.
Does the custodial sanction hearing have to happen in person?
No. The rule allows the hearing to be held, with attorneys, the probation officer, and the probationer appearing by video or other available technology.
What has to be in a commitment order under this rule?
The commitment order has to state the time, date, institutional location, and duration of the custodial sanction the court has approved.
What if the court thinks the proposed custodial sanction is too severe or too lenient?
Instead of approving it, the court can schedule a hearing to determine whether the requested sanction is too severe or not severe enough.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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