AGO Opinion 84240

December 13, 1984
SUBJECT:
Sentence Reduction Provisions of Neb.Rev. Stat. §47-502

REQUESTED BY:
Boyd W. Strope, Holt County Attorney

OPINION BY:
Paul L. Douglas, Attorney General
J. Kirk Brown, Assistant Attorney General

QUESTION:
Do the sentence reductions provisions of
Neb. Rev. Stat. §47-502 (Reissue 1984)apply
persons sentenced to probation?
CONCLUSION:
No

You have inquired whether the sentence reduction provisions of Neb. Rev. Stat. ~47-502 are applicable to persons sentenced to probation, but whose conditions of probation include periods of incarceration in a local jail facility. Section 47-502 states in pertinent part: "Any person sentenced to a city or county jail shall have his or her term reduced .... "


Neb.Rev. Stat. 529-2246 (Reissue 1979) "probation" as follows:
defines the term:



Probation shall mean a sentence under which a person found guilty of a crime upon verdict or plea, • . . is released by a court subject to conditions imposed by the court and subject to supervision.



Neb.Rev. Stat. §29-2262 (Reissue 1979) states in pertinent part:

(I) When a court sentences an offender to probation, it shall attach such reasonable conditions as it deems necessary or likely to insure that the offender will lead a law-abiding life.

(2) The court, as a condition of its sentence, may require the offender:

(b) To be confined periodically in the county jail or to return to custody after specified hours, but not to exceed ninety days;


In our opinion, the sentence reduction provisions of §47-502 are applicable only to persons sentenced to a jail. Under the statutes of this state, probationers are not sentenced to jail but are sentenced to probation. Any incarceration ordered pursuant to §29-2262(2) (b) is a "condition of probation" and not a sentence to a city or county jail as contemplated by §47-502. Therefore, persons whose sentence of probation might include periods of incarceration pursuant to S29-2262(2) (b) are not entitled to the sentence reduction provisions of §47-502.

Yours truly,

PAUL L. DOUGLAS
Attorney General