Legal Opinion

Opinion No. (1981)

Nebraska Attorney General Reports

Decided September 17, 1981Published

1Opinion of the Court

REQUESTED BY: Glenn A. Clark Dawson County Attorney Who is responsible for the cost of the care provided to a person found to be incompetent to stand trial and committed to a state hospital pursuant to Neb.Rev.Stat. § 29-1823 (Reissue 1979)?

The county in which the crime is charged.

Neb.Rev.Stat. § 29-1823 (Reissue 1979) provides for commitment to a state hospital of persons who are incompetent to stand trial. It specifically provides that the cost of a mental evaluation precedent to a commitment is to be borne by the county wherein the crime is charged. But, the statute is silent on the issue…

2Cases cited12 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Department of Mental Hygiene v. HawleyCalifornia Supreme Court · 1963
  3. Kovarik v. County of BannerNebraska Supreme Court · 1975
  4. State Ex Rel. Dorothea Dix Hospital v. DavisSupreme Court of North Carolina · 1977
  5. In Re Shirley's EstateNebraska Supreme Court · 1956

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