Section 68-5-004 - Standard of Proof RequiredAn inmate may be found guilty of a rule violation only when substantial evidence exists that he or she engaged in conduct that fulfills all the necessary elements of the offense. The conduct must be voluntary and be intentional, reckless or grossly negligent. The accused must have had notice that the conduct was proscribed by the Code of Offenses. An inmate may be found guilty of committing an offense, aiding and abetting in the commission of an offense or attempting to commit an offense.
004.01 Aiding and Abetting. An inmate may be disciplined if the institutional disciplinary committee finds that he or she knowingly commanded, induced, procured or aided another person in the commission of the offense. No inmate shall be disciplined if the inmate withdrew from participation in the offense and made a reasonable effort to prevent its commission. In any disciplinary hearing under this section, it is not a complete defense that charges against another inmate were dismissed.004.02 Attempt. An inmate may be disciplined for attempting to commit an offense if: (1) The inmate acts with the kind of culpability required for commission of such offense, or engages in conduct that constitutes the acts necessary for the commission of the offense except its completion;(2) The inmate willfully provides substantial and knowing assistance to a person attempting to commit an offense under the Code of Offenses; or(3) The inmate agrees with one or more persons to engage in or cause the performance of such conduct. An inmate found guilty of an attempt shall be subject to the same penalties that correspond to the offense attempted.004.03 Any or all inmates assigned to a cell, room, bay, school or work area will be presumed to have possession of all items found in the cell, part of the room, bay, work or school area assigned to the inmate(s), including, but not limited to, the bed, locker, desk, and workstation.68 Neb. Admin. Code, ch. 5, § 004
Amended effective 3/28/2023