Nebraska bill would let counties file separate prison incident claims

A county may file more than one claim for prosecution costs tied to a correctional institution incident. This applies to a county seeking prosecution costs for an incident in which inmates allegedly committed crimes in a state correctional institution. Each claim must exceed the county’s tax-based threshold, unless a prosecution has resolved. The Legislature reviews claims and may set aside money for them. This applies to incidents on or after May 1, 2015, and sets no time limit for these claims.

The text defines when a public safety officer’s death counts as a line-of-duty death and lists circumstances that create a presumption of that connection. Covered officers include firefighters, law enforcement officers, certain ambulance squad members, and correctional officers employed by a jail or the Department of Correctional Services. The injury or illness must arise from violence or another accident, and the officer’s willful misconduct or intoxication excludes the death. Medical evidence can rebut some presumptions. The cumulative-trauma presumption requires that the exposure substantially contribute to the death and that the officer was diagnosed with a related condition or tried to get help, treatment, or a diagnosis. The injury or illness must arise on or after January 1, 2022, and death must occur within three years of the injury or diagnosis.

A person seeking compensation must file a claim with the Risk Manager, who checks whether it is complete and sends complete claims for investigation and a board decision. This process applies to people seeking compensation after a public safety officer is killed in the line of duty. The Risk Manager must notify claimants within two weeks whether the claim is complete and list any missing information. The State Claims Board must approve or deny a complete claim within 180 days after receiving it. The text’s wording about the route for challenging a denial is unclear. A claim must be filed within three years after the officer’s death. The completeness notice is due within two weeks after the claim begins, and a decision is due within 180 days after a complete claim arrives.