(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I felony DeathClass IA felony Life imprisonmentClass IB felony Maximum—life imprisonmentMinimum—twenty years imprisonmentClass IC felony Maximum—fifty years imprisonmentMandatory minimum—five years imprisonmentClass ID felony Maximum—fifty years imprisonmentMandatory minimum—three years imprisonmentClass II felony Maximum—fifty years imprisonmentMinimum—one year imprisonmentClass IIA felonyMaximum—twenty years imprisonmentMinimum—noneClass III felonyMaximum—four years imprisonment and two yearspost-release supervision or twenty-five thousand dollars fine, or bothMinimum—none for imprisonment and none forpost-release supervisionClass IIIA felonyMaximum—three years imprisonment and eighteen months post-release supervision orten thousand dollars fine, or bothMinimum—none for imprisonment and none forpost-release supervisionClass IV felonyMaximum—two years imprisonment and twelvemonths post-release supervision orten thousand dollars fine, or bothMinimum—none for imprisonment and none forpost-release supervision (2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail. (3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals. (4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation. (5) All sentences of post-release supervision shall be served under the jurisdiction of the Office of Probation Administration and shall be subject to conditions imposed pursuant to section 29-2262 and subject to sanctions authorized pursuant to section 29-2266.02. (6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-release supervision pursuant to subsection (1) of this section. (7) Any person who is sentenced to imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony committed on or after August 30, 2015, shall not be subject to post-release supervision pursuant to subsection (1) of this section. (8) The changes made to the penalties for Class III, IIIA, and IV felonies by Laws 2015, LB605, do not apply to any offense committed prior to August 30, 2015, as provided in section 28-116.
‹ Prev All Nebraska sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.