Opinion No. (1982)

REQUESTED BY: Stephen L. Von Riesen, Hall County Attorney Do the provisions of LB 568 which mandate certain conditions of probation violate the power of the courts under the separation of powers doctrine?

No.

You inquire whether, by the creation of mandatory conditions of probation, the Legislature has violated ArticleII, Constitution of the State of Nebraska, regarding separation of governmental powers. Implicit in this inquiry is the question of whether the courts of this state have inherent power to place a person on probation.

The concept that Nebraska courts have powers of probation in the…