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§ 6-1904.Post-release supervision.

Article 19: Nebraska Court Rules for Probation Practices · Last amended June 29, 2016 · Last verified July 22, 2026

In one sentence§ 6-1904 requires courts imposing determinate sentences to set post-release supervision conditions up front and then review a confidential supervision plan on a fixed timeline before the person is released from prison or county jail.

Full Text of § 6-1904

Text sizeJump to: (A) (B) (C) (D)

The purpose of § 6-1904 is to ensure that as a part of a determinate sentence, a post-release supervision plan is created to offer a smooth, meaningful, and comprehensive transition of probationers from a term of incarceration to community supervision. A post-release supervision plan shall be confidential.
(A) In cases requiring a determinate sentence pursuant to Neb. Rev. Stat. § 29-2204.02, the court shall, at the time a sentence is pronounced, impose a term of incarceration and a term of post-release supervision pursuant to Neb. Rev. Stat. § 29-2204.02(1), and shall enter a separate post-release supervision order that includes conditions pursuant to Neb. Rev. Stat. § 29-2262. The court shall specify, on the record, that conditions of the order of post- release supervision may be modified or eliminated pursuant to Neb. Rev. Stat. § 29-2263(3).
(B) The court shall receive a post-release supervision plan no later than 45 days prior to the individual’s anticipated date of release from the Department of Correctional Services. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. The plan shall be collaboratively prepared by the Office of Probation Administration and the Department of Correctional Services to provide information regarding performance and programming while incarcerated, an updated risk/needs assessment, along with a community needs and service assessment.
(C) The court shall receive a post-release supervision plan no later than 30 days prior to the individual’s anticipated date of release from the local county jail. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. When an individual has been incarcerated in a local county jail, the post-release supervision plan shall be defined as the presentence investigation, or a subsequent risk and needs assessment, and other available information.
(D) No later than 30 days prior to the individual’s anticipated date of release from the Department of Correctional Services, the court shall, if applicable, modify the post-release supervision order. No later than 15 days prior to the individual’s anticipated date of release from local county jail, the court shall, if applicable, modify the post-release supervision order.

Amendment History

§ 6-1904 adopted December 16, 2015; § 6-1904(A) adopted June 29, 2016.

Plain-English Summary

Some Nebraska sentences are determinate — a fixed term of incarceration paired with a separate term of supervision that follows release. § 6-1904 makes sure that transition is planned rather than improvised. At sentencing, the court has to impose the incarceration term and the post-release supervision term together, enter a separate post-release supervision order with conditions, and state on the record that those conditions can later be modified or dropped.

The real work happens as release approaches. If the person is coming out of a Department of Correctional Services facility, the court must receive a post-release supervision plan no later than 45 days before the anticipated release date; if the person is coming out of a local county jail, the deadline is 30 days. That plan — put together by the Office of Probation Administration and, for prison releases, the Department of Correctional Services — updates the court on how the person has done, what an updated risk and needs assessment shows, and what services the community can offer. For a county-jail release, the plan can rely on the presentence investigation or a later risk assessment instead of a full joint report.

The rule then sets a backstop for modifying the order itself: no later than 30 days before release from a Correctional Services facility, or 15 days before release from a county jail, the court has to modify the post-release supervision order if a modification is warranted. Throughout, the supervision plan stays confidential.

Frequently Asked Questions

What is post-release supervision under Nebraska’s determinate sentencing law?

It is a separate term of community supervision, with its own conditions, that follows a determinate term of incarceration under Neb. Rev. Stat. § 29-2204.02.

How far in advance does the court need to receive a post-release supervision plan?

No later than 45 days before an anticipated release from a Department of Correctional Services facility, or 30 days before an anticipated release from a local county jail.

Who prepares the post-release supervision plan?

The Office of Probation Administration prepares it, working with the Department of Correctional Services for prison releases; for a county-jail release, the plan can be the presentence investigation or a later risk and needs assessment.

Is the post-release supervision plan a public document?

No. The rule states that a post-release supervision plan is confidential.

Can the conditions of post-release supervision change after sentencing?

Yes. The court must state on the record at sentencing that the conditions of the post-release supervision order may be modified or eliminated later.

Is the plan different for someone released from a county jail versus a state prison?

Yes. A county-jail release plan can be based on the presentence investigation or a subsequent risk and needs assessment, while a prison release plan is jointly prepared by the Office of Probation Administration and the Department of Correctional Services.

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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