Nebraska Statutes 71-948. Subject’s rights; independent evaluation and assistance in proceedings; fees and expenses
A subject or the subject’s counsel shall have the right to employ mental health professionals of his or her choice to independently evaluate the subject’s mental condition and testify for and otherwise assist the subject in proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. If the subject is indigent, only one such person may be employed except with leave of the mental health board. Any person so employed by a subject determined by the board to be indigent, except a subject represented by the public defender, shall apply to the board for expenses reasonably necessary to such person’s effective assistance of the subject and for reasonable fees for services performed by such person in assisting the subject. The board shall then fix reasonable fees and expenses, and the county board shall allow payment to such person in the full amount fixed by the board.
Source
- Laws 1976, LB 806, § 62;
- Laws 1994, LB 1210, § 161;
- R.S.1943, (1999), § 83-1052;
- Laws 2004, LB 1083, § 68;
- Laws 2006, LB 1199, § 44.
Terms Used In Nebraska Statutes 71-948
- Mental health board: means a board created under section 71-915. See Nebraska Statutes 71-905
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Subject: means any person concerning whom a certificate or petition has been filed under the Nebraska Mental Health Commitment Act. See Nebraska Statutes 71-912
- Testify: Answer questions in court.