Nebraska Severe Mental Illness Information, Laws, & Helpful Resources

The term severe mental illness (SMI) includes schizophrenia spectrum disorders, severe bipolar disorder, and major depression with psychotic features. These disorders put an individual at high risk for criminalization and preventable tragedies such as victimization and suicide. Every state has different laws and policies around accessing treatment for SMI and some states have more resources and treatment options than others. Here you will find state-specific resources for navigating the SMI treatment system, an evaluation of local laws, as well as state SMI data and research.

State of Nebraska next to Treatment Advocacy Center text, symbolizing local severe mental illness data, laws, and resources
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Family Resources in Resources in Nebraska

Are we missing any resources? Email us at advocacy@treatmentadvocacycenter.org to let us know what we should add!

How many people in Nebraska have SMI?

51125

individuals with severe mental illness.
21210

individuals with SMI who receive treatment in a given year.
3.42 %

of the adult population is estimated living with a SMI in the United States.
What is SMI?

State psychiatric hospital beds in Nebraska

2023 total beds: 194
  • Civil beds: 82
  • Forensic beds: 112
2023 beds per 100,000 people: 9.9

Click here for more information about state psychiatric hospital beds in Nebraska.

NE Psychiatric Beds Report
A minimum of 50 beds per 100,000 people is considered necessary to provide minimally adequate treatment for individuals with severe mental illness. Nebraska fails to meet this minimum standard.

For Additional Information

Data is a powerful tool to advocate for change. Curious about a specific data point in your state? Reach out to us at ORPA@treatmentadvocacycenter.org

Fast Facts on SMI in Nebraska

Deinstitutionalization, outdated treatment laws, discriminatory Medicaid funding practices, and the prolonged failure by states to fund their mental health systems drive those in need of care into the criminal justice and corrections systems.

Prevalence of SMI in jails and prisons
19%
Estimated number of inmates with SMI in 2021
1,886
State psychiatric inpatient beds 2023
194
Likelihood of incarceration versus hospitalization
10 to 1

2021 Nebraska State Mental Health Agency's expenditures

Every state receives block grant funding from the federal government to provide mental health services to their community. Below is some information about how these dollars are spent and compares to other state spending.

SMHA expenditures
$202,300,802
Percentage of expenditures for state hospitals
30%
Expenditures per person served by the public mental health system
$6,892
Percentage of SMHA expenditures of total state budget
1.3%
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Nebraska's Treatment Laws

NEB. REV. STAT. § 71-919(1). A law enforcement officer who has probable cause to believe that a person is mentally ill and [meets the criteria for emergency evaluation] may take such person into emergency protective custody, cause him or her to be taken into emergency protective custody, or continue his or her custody if he or she is already in custody.

NEB. REV. STAT. § 71-921(1). Any person who believes that another person is mentally ill and dangerous may communicate such belief to the county attorney. The filing of a certificate by a law enforcement officer shall be sufficient to communicate such belief. If the county attorney concurs … he or she shall file a petition as provided in this section. NEB. REV. STAT. § 71-922 (1). Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition …or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under or the administrator of the treatment center or medical facility having charge of the subject of his or her intention to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification. NEB. REV. STAT. § 71-925(1). The state has the burden to prove by clear and convincing evidence that (a) the subject is mentally ill and dangerous and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment ordered by the mental health board are available or would suffice to prevent the harm described in section 71-908. NEB. REV. STAT. § 71-908. Mentally ill and dangerous person means a person who is mentally ill … and because of such mental illness… presents: (1) A substantial risk of serious harm to another person or persons within the near future as manifested by evidence of recent violent acts or threats of violence or by placing others in reasonable fear of such harm; or (2) A substantial risk of serious harm to himself or herself within the near future as manifested by evidence of recent attempts at, or threats of, suicide or serious bodily harm or evidence of inability to provide for his or her basic human needs, including food, clothing, shelter, essential medical care, or personal safety.

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Read Grading the States

Recommended updates to treatment laws

  1. 1

    Amend Neb. Rev. Stat. § 71-921(1) to authorize citizen right of petition for at least enumerated citizens, preferably any responsible adult, for emergency evaluation

  2. 2

    Amend Neb. Rev. Stat. § 71-921(1) to authorize citizen right of petition for at least enumerated citizens, preferably any responsible adult, for inpatient commitment

  3. 3

    Add psychiatric deterioration criteria

  4. 4

    Amend Neb. Rev. Stat. § 71-921(1) to authorize citizen right of petition for at least enumerated citizens, preferably any responsible adult, for outpatient commitment

  5. 5

    Amend Neb. Rev. Stat. § 71-931(3) to require a that written treatment plan be submitted to the court (current requirement is that plan be submitted to county attorney)

  6. 6

    Amend Neb. Rev. Stat. § 71-932 to extend duration of outpatient order beyond 90 days

  1. 7

    Amend Neb. Rev. Stat. § 71-932 to extend duration of all continued orders for outpatient treatment to or beyond 180 days

  2. 8

    Adopt express procedures for the court to monitor uncontested AOT orders entered into voluntarily to give the benefit of the black robe effect to all enrollees

Outpatient treatment programs

Assisted outpatient treatment (AOT) is the practice of providing community-based mental health treatment under civil court commitment to motivate a person to continue on their treatment plan, and to give structure for providers to keep the person engaged.
AOT program locator
TAC's research and education work

The Office of Research and Public Affairs is a research and policy center dedicated to informing the public about the important issues surrounding severe mental illness. We examine neglected topics that affect individuals with severe mental illness, their families, and society through rigorous research and careful policy analysis so we can share this information with those most affected by SMI.
Research and publications