AGO 97039.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97039. DATE: August 4, 1997SUBJECT: Payment to Counties for Holding Inmates Convicted of Felonies REQUESTED BY: Senator Roger Wehrbein, Chairman, Appropriations CommitteeWRITTEN BY: Don Stenberg, Attorney General Laurie Smith Camp, Deputy Attorney General You have asked a number of questions regarding the obligation of the state to reimburse counties for the cost of maintaining inmates who have been convicted of offenses "punishable by imprisonment" in facilities under the jurisdiction of the Nebraska Department of Correctional Services. [DCS]. A recitation of applicable statutory provisions will precede our discussion of the issues raised in your letter. Neb. Rev. Stat. § 28-105 (1995) provides in part: All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of one year or more for Class IV felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. Sentences of less than one year shall be served in the county jail. . . . Neb. Rev. Stat. § 28-106 (1995) provides in part: Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that in the following circumstances the court may, in its discretion, order that such sentences be served institutions under the jurisdiction of the Department of Correctional Services: (a) If the sentence is for a term of one year upon the conviction of a Class I misdemeanor or for a combined term of one year or more in the event of conviction of more than one misdemeanor offense; [or] (b) If the sentence is to be served concurrently with the term for conviction of a felony. . . . Neb. Rev. Stat. § 29-1002 (1995) provides in part: The cost of keeping and maintaining any prisoner after his or her conviction of any offense punishable by imprisonment in a Department of Correctional Services adult correctional facility, wherever he or she may be kept and confined, shall be paid by the state according to the rate which may be established by law at the time when such services may be rendered or expenses incurred. Neb. Rev. Stat. § 29-1003 (1995) provides in part: The Director of Administrative Services shall allow the account for the costs as provided for in Section 29-1002, and draw warrants upon the treasury therefor, upon being furnished with a certified copy of...