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January 20 was the 10th day of the legislative session, which was the final day for bill introduction. In total, 446 bills and 8 constitutional amendments were introduced by senators and committees.
Supreme Court Chief Justice, Mike Heavican, presented his State of the Judiciary address to state senators this past week. He reviewed the work of the Office of Public Guardian, which was created by the Legislature in 2014 to improve the services provided to vulnerable adults in need of guardianships or conservatorships. He touched on the Through the Eyes of the Child Initiative, which focuses on education for judges, guardians ad litem, lawyers, HHS employees and community volunteers. The Chief Justice gave an overview of juvenile justice reform efforts, explaining that with the passage of legislation two years ago, children no longer have to become state wards to access services. He noted a significant increase in the number of children placed on probation and receiving services to reduce recidivism and likewise, a 7.6% decline in out-of-home placements in the past 6 months.
Last year, the Legislature passed LB 605, which created significant criminal justice reform. The court system is working towards implementation of the Justice Reinvestment goals outlined in the legislation. The court rules on post-release probation supervision have been adopted and locations were selected for new day and evening reporting centers. These centers average 6,000 visits from probation clients each month and provide services in every major community across the state. Every reporting center has a supervised substance abuse supervision program and Chief Justice Heavican noted that 89% of the clients released from the program in 2015 have been drug-free for at least one year and 91% are gainfully employed. The Chief Justice confirmed that they have now achieved their goal of developing problem-solving courts in each judicial district. Finally, he noted that total eFilings have increased, with the volume of electronically-filed documents in the trial courts up 30%, saving the court staff time and greatly increasing the accuracy of data entry.
Public hearings were held on three bills that I introduced this past week. The Transportation and Telecommunications Committee heard LB 732, which would allow reservists to qualify for Military Honor license plates. The way the law is currently written, only federalized reservists are eligible, which means that they had to serve on active duty that is not considered training. I believe that these soldiers served their country, although in a time of peace, and should be eligible for the plates.
The public hearing for LB 734 was held before the Education Committee. LB 734 would allow non-resident members of the Nebraska National Guard to receive in-state tuition rates at state educational institutions. Although this proposal would only apply to a small number of student soldiers, it would make a significant difference in their cost of schooling.
LB 744 was heard before the Judiciary Committee. It deals with open adoptions. LB 744 recognizes that biological parents and adoptive parents can agree to communication and contact after the adoption of a child in private and agency adoptions, but makes it clear that the failure to comply with such agreement does not affect the legality of the adoption. The goal behind the legislation is to ensure permanency in adoptions.
Several of the bills that I introduced this year are the direct result of a constituent contact. I encourage you to continue to inform me of your opinions on legislation and suggestions for change. I can be reached at District #1, State Capitol, Lincoln, NE 68509. My telephone number at the capitol is (402) 471-2733 and my email address is email@example.com.
This past week, senators gave first-round approval to LB 268, which would change the maximum penalty for first-degree murder in Nebraska from death to life imprisonment. This year, a dozen senators have signed on as co-sponsors to the bill annually introduced by Senator Ernie Chambers. Senators voted 30-13 to advance LB 268, which is the number of votes necessary to override the Governor’s promised veto. I voted against the advancement of the bill because I am still in favor of the death penalty.
The Legislature gave LB 610 second-round approval this past week. LB 610 proposes to increase the gas tax by six cents over a four-year period. Twenty-seven senators voted in support of the advancement of the bill to Final Reading, fourteen senators voted against its advancement, while eight senators did not vote. Although the bill had sufficient votes to advance, it may not have enough votes if a filibuster is attempted on final reading or to override an expected veto by the Governor.
Three bills dealing with prison reform were given first-round approval this past week, but not without a pledge to work with state and county prosecutors. Concerns from prosecutors focus on such issues as indeterminate sentencing, minimum sentences, habitual criminal statutes, and presumption of probation.
LB 605, the principal bill in the prison reform package, seeks to ease prison overcrowding and to hold offenders accountable with supervision and treatment. Our state’s prisons are currently at 159% of their design capacity. The legislation would use probation to hold people convicted of low-level offenses accountable, require misdemeanor sentences to be served in jail rather than prison, and update Nebraska’s property offense penalties to account for inflation. If the policy framework contained in LB 605 that structures certain felony sentences to be followed by post-release supervision is implemented effectively, it is projected to substantially reduce the number of inmates that jam-out of prison (released without any supervision). LB 605 also seeks to improve parole supervision through the adoption of a risk assessment tool and other evidence-based practices and would respond to major parole violations with short periods of incarceration followed by supervision.
The policy framework contained in LB 605 resulted from the work of the Nebraska’s Justice Reinvestment Working Group, which included the leaders of the three branches of government, district court judges, county and defense attorneys, and law enforcement executives. The group worked closely with the Council of State Governments Justice Center, which has helped a number of states reduce spending on corrections through lower-cost alternatives to prison for nonviolent offenders, such as probation, drug courts and parole, and greater focus on rehabilitation and mental health treatment for violent offenders.
LB 598 is aimed at reducing the use of segregation and improving treatment for mentally ill inmates. It would also create an Office of Inspector General of the Nebraska Correctional System. This bill was prioritized by the Performance Audit Committee, which I chair.
The last bill in the prison reform package, LB 173, dealt with habitual criminals and mandatory minimum sentences. This bill proposes to remove mandatory minimum sentences for several felonies and restricts the use of enhanced penalties for being a habitual criminal to violent crimes only. Currently, any three felonies, either violent or not, can be used in determining longer sentencing. Proponents of the bill state that mandatory sentences have failed to deter crime and can act as a disincentive for inmates to participate in rehabilitation programs. Opponents pointed out that this bill went further than what was recommended by the CSG Justice Center. The Nebraska Attorney General held a press conference to voice his concern that the legislation ignores the seriousness of several violent crimes, which could jeopardize public safety.
The prison reform bills have been introduced in an effort to relieve the overcrowding at our state prisons without having to spend millions of dollars on a new prison facility. Before the second round of debate, senators will work with the state attorney general’s office and county attorneys in an effort to reach a compromise on measures to reduce overcrowding without jeopardizing the safety of Nebraska’s residents.
If you have any comments on the prison reform measures or other issues before the Legislature, I encourage you to contact me. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is firstname.lastname@example.org and my telephone number is (402) 471-2733.
The issues surrounding the Nebraska Department of Correctional Services is a top priority for the Legislature this year. Nebraska’s prison system is at 159% of capacity. State law allows the governor to declare an overcrowding emergency when a prison’s population goes over 140% of capacity. This level can also be a benchmark federal judges use to order new construction. The first-phase of a Nebraska Department of Correctional Services 2014 Master Plan report called for $261 million in construction costs to renovate and expand correctional facilities.
The Council of State Governments (CSG) Justice Center came to Nebraska and worked over the interim with a group including the executive, legislative, and judicial branches of government. Their efforts focused on the development of justice reinvestment programs in an effort to avoid the need for new construction. They presented recommendations to reduce prison overcrowding and recidivism, by increasing the use of probation and drug courts for nonviolent offenders, as well as increased supervision of inmates after their release. It is estimated that their plan would cost approximately $33 million over the next several years but could avoid new construction costs.
An interim study (LR 424) was introduced during the 2014 legislative session in response to the 2013 murders committed by former inmate Nikko Jenkins. The committee was to examine the circumstances surrounding Jenkins’ incarceration and release, looking specifically at the use of segregation and the availability of mental health treatment.
The LR 424 committee’s work was broadened as it was revealed that the department had miscalculated sentences regarding mandatory minimums for hundreds of inmates and disregarded state Supreme Court rulings. Further scandals were revealed relating to a Re-entry Furlough Program, the release of prisoners before they were eligible for parole, a questionable Temporary Alternative Placement program, and the misuse of good time credits.
Multiple bills have been introduced in an effort to reduce prison overcrowding and in response to the problems that surfaced at the Department of Correctional Services. Four of them were heard before the Judiciary Committee on Friday of this past week.
LB 605 contains most of the recommendations from the CSG Justice Center. This legislation is designed to slow Nebraska’s prison population growth, ease prison overcrowding, contain corrections spending and reinvest a portion of savings into strategies that can reduce recidivism and increase public safety. The bill would ensure post-release supervision and update felony theft thresholds to reflect inflation for property crimes. LB 605 proposes to divert low-level offenders to probation rather than prison and expands access to probation’s Specialized Substance Abuse Supervision program.
LB 606 creates the position of Inspector General of the Nebraska Correctional System to oversee corrections. It also would require, not simply authorize, that a Governor declare a correctional system overcrowding emergency whenever the director certifies that the population is over 140% of design capacity. LB 592 seeks to improve access to mental health treatment for prisoners. LB 598 carries out a recommendation from the LR 424 committee, by requiring the department to institute a plan for the proper use of segregation.
Two bills were recently advanced from the Judiciary Committee. LB 172 would eliminate mandatory minimum sentences for a list of midlevel felonies. LB 173 would restrict habitual criminal status to those who committed two prior violent felonies. Currently habitual criminal status applies to both violent and nonviolent felonies.
The focus of other bills range from requiring electronic monitoring when violent offenders are released, to increasing access for participation in rehabilitation programs, to adjusting the good time policy. Legislation has also been introduced to appropriate $261 million to build a 1,100 bed prison.
This past week, the Appropriations Committee, of which I am a member, met with the newly appointed director of the Corrections Department. Director Frakes expressed a willingness to work with the legislative branch to fix the problems in his agency. Committee members stressed the need to be upfront with the Legislature on funding needs, in order to avoid situations like what we are currently experiencing.
Along with tax relief, issues stemming from prison overcrowding are sure to occupy much of the Legislature’s time this session. If you have any comments on legislation pertaining to correctional issues or on other topics before the Legislature, I encourage you to contact me. I can be reached at email@example.com. My telephone number is (402) 471-2733 and my mailing address is District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509.