§ 6-1902.Custodial sanctions for Interstate Compact cases.
Article 19: Nebraska Court Rules for Probation Practices · Last amended December 16, 2015 · Last verified July 22, 2026
Full Text of § 6-1902
Amendment History
§ 6-1902 adopted December 16, 2015.
Plain-English Summary
Nebraska sometimes supervises probationers who were sentenced in another state and transferred here under the Interstate Compact for Adult Offender Supervision. § 6-1902 makes sure those out-of-state probationers get the same custodial-sanction procedure as anyone sentenced in Nebraska. The rule exists because the compact — which Nebraska Revised Statutes §§ 29-2639 and 29-2640 adopt — carries the force of federal law and requires that a transferred probationer be supervised the same way a local probationer would be.
To make that happen, § 6-1902 answers a question the compact itself does not: which Nebraska judge has authority to approve or deny a custodial sanction for a transferred probationer? The rule answers it directly — the presiding district court judge, or that judge’s designee, in the county where the probationer is being supervised serves as the authorizing court, applying the same procedure § 6-1901 lays out for Nebraska-sentenced probation cases.
The upshot is that an interstate compact case does not need its own separate set of custodial-sanction rules. Whatever county is supervising the transferred probationer plugs into the existing § 6-1901 timeline and hearing procedure, with that county’s presiding judge, or designee, standing in the authorizing role.
Frequently Asked Questions
What is the Interstate Compact for Adult Offender Supervision?
It is an agreement between states, carrying the force of federal law, that governs how a probationer supervised in one state under another state’s sentence is handled, including custodial sanctions.
Which judge decides on a custodial sanction for a probationer transferred to Nebraska from another state?
The presiding district court judge, or that judge’s designee, in the Nebraska county where the probationer is under supervision serves as the authorizing court.
Does a transferred probationer get a different custodial-sanction procedure than a Nebraska-sentenced probationer?
No. The same procedure set out in § 6-1901 applies; § 6-1902 only identifies which judge acts as the authorizing court for a transferred case.
Why does Nebraska have to follow another state’s supervision terms for a transferred case?
The Interstate Compact requires that a transferred probationer be supervised as if they were a probationer of the state now supervising them, and Nebraska statutes adopt that compact.
Can the presiding judge assign someone else to handle interstate compact custodial-sanction decisions?
Yes. The rule allows the presiding district court judge to designate someone else to serve as the authorizing court for these decisions.