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LB 488

Require a peace officer to assume custody of a probationer or temporary custody of a juvenile upon request by a probation officer

109th Legislature (2025-2026) Introduced by Bob Hallstrom

LB 488 requires peace officers to arrest and custody probationers on a probation officer’s request, with court-approved custodial sanctions and enhanced interagency coordination.

Title printed. Carryover bill
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Bill Summary · LB 488

LB 488 – Summary (Nebraska, 109th Legislature, 2025)

Overview
- Bill number: LB 488
- Title: Require a peace officer to assume custody of a probationer or temporary custody of a juvenile upon request by a probation officer
- Introduced: January 21, 2025
- Hearing: Notice of hearing scheduled for February 19, 2025 (Judiciary Committee, Senator Carolyn Bosn)
- Status: Referred to Judiciary; provisions to amend and harmonize existing statutes (29-2266.01, 29-2266.02, among others)

Purpose and intent
- The bill seeks to require a peace officer to arrest and assume custody of a probationer (and, in related language, temporary custody of a juvenile) upon a probation officer’s request when certain conditions are met. It expands the role of peace officers in responding to probation violations and integrates these actions with existing probation and court processes.

Key provisions (substantive changes)
- Amendments to 29-2266.01 (probation violations for misdemeanors):
- When a probation officer has reasonable cause to believe a misdemeanor probation violation has occurred or is imminent, the officer may:
- Impose administrative sanctions (with chief probation officer approval) or
- Submit a report to the sentencing court to initiate formal revocation.
- If a probationer acknowledges the violation, sanctions proceed per the relevant subsection.
- If the probationer declines acknowledgment, the officer may pursue actions under the existing framework (including revocation procedures).

  • Amendments to 29-2266.01 (probation violations for felonies) – custodial considerations:

    • The probation officer must consider whether to arrest/call on peace officers when a felony probation violation is suspected and risk is implicated (e.g., leaving jurisdiction, danger to lives or property).
    • The officer may impose:
    • Administrative sanctions, or
    • Seek custodial sanctions (custodial sanctions require court approval and are based on risk/severity/response).
    • If custodial sanctions are pursued, the probationer must acknowledge the violation and agree to the custodial sanction, with procedures following the custodial sanction framework or revocation pathways to be pursued as appropriate.

  • Arrest and custody mechanism:

    • In both misdemeanor and felony contexts, when the probation officer calls on a peace officer, the peace officer shall arrest and assume custody of the probationer, with detention in a jail or appropriate facility as needed.
    • The probation officer must promptly notify the county attorney with a report detailing the arrest and alleged probation violation; the county attorney then determines whether to revoke probation or release the probationer.

  • Administrative framework and harmonization:

    • The bill repeals/revises related statutory sections to harmonize these procedures and ensure consistent implementation across probation and court processes.

Who would be affected
- Probationers (both misdemeanor and felony) under Nebraska probation supervision
- Probation officers (as primary administrators of sanctions and coordinators of custody actions)
- Peace officers (duty to arrest and custody upon request)
- County attorneys and sentencing courts (involved in revocation decisions and custody-related filings)
- Juveniles (as referenced in the headline and intent, potentially receiving temporary custody upon probation-related requests)

Timeline and procedural notes
- Introduced and scheduled for hearing in February 2025
- If enacted, the changes would become operative as part of the statutory revisions to 29-2266.01 and 29-2266.02, and related sections reissued/revised accordingly.

Impact considerations
- Clarifies and formalizes the role of peace officers in responding to probation violations, potentially increasing the rate at which probationers are detained or returned to custody.
- Creates a standardized framework for administrative vs. custodial sanctions with court oversight for custodial decisions.
- Aims to streamline coordination among probation officers, peace officers, county attorneys, and the courts in probation violation scenarios.
- Potential implications for probationer rights, detention caseloads, and interagency collaboration.

Compiled from official sources — confirm details with the bill’s official record.

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