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1991 Nebraska Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagne0001 and id is 1 raw text is: January 3, 199 Opinion 91001 SUBJECT: Extended Work Furlough Program REQUESTED BY: Harold W. Clarke, Director Nebraska Department of Correctional Services WRITTEN BY Robert M. Spire, Attorney, General Donald A. Kohtz, Assistant Attorney General You have requested our opinion regarding whether or not the Department of Correctional Services and the Board Of Parole have the legal authority to place certain inmates on an extended work furlough program outside the physical confines of a correctional institution and place them in their own homes.. It is our opinion that the Department of Correctional Services with the prior recommendation from the Board of Paroleo may place certain people on an extended work furlough program-outside the physical confines of a correctional institution and place them in their own home and or .an approved independent living residence. The statutory authority which allows the. release of committed offenders on furlough status is set forth at Neb.Rev.Stat. $ 83-184 (Reissue 1987). (1) When the conduct, behaviors; mental attitude and conditions indicate that a person, committed to the department and the general society of the state will be benefited, and there is. reason, to believe that in the best interests of the people. Parole in the case of each committed offender, the Director of Correctional Services may authorize such person, under prescribed conditions, to: (a) Visit a specifically designated place or places and return to the same or another facility. An extension of limits may be granted to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of medical services, the contacting of prospective employers, or for any other reason consistent with the public interest; Neb. Rev.Stat. S 83-184 (Reissue 1987) provides that the Board of Parole must approve and or recommend the placement of a committed offender on a furlough. The ultimate decision as to whether a committed offender is placed on a furlough rests entirely with ~he Director of the Department of Correctional Services, notwithstanding a favorable recommendation by the Board