March 18, 2022

After this week, the Nebraska Legislature has only fifteen working days left in this year’s sixty-day Legislative session. Most of the debate this week and next week has centered on (and will focus on) the State’s budget and how we spend the federal ARPA funds. A major component of these discussions this week has involved whether to build a new state prison and whether the state should adopt criminal justice reform measures that aim to reduce crime and recidivism.

Regarding the Nebraska State Penitentiary, the facility was originally built in 1869, and its walls are crumbling. It has aged beyond simple repair and the cost to bring it up to speed is greater than the cost of a new prison. While no one likes the idea of building a new prison, it is beyond time to replace this facility. A modern Penitentiary would facilitate criminal justice reform by offering a safer environment for inmates and staff. It would also allow the Department of Correctional Services to offer enhanced services and programming to better prepare these inmates for life after incarceration. Finally, the current facility is extremely overcrowded, and we need to increase capacity to help address this problem.

The second component of this issue is to address criminal justice reform issues. While I am a strong supporter of law enforcement and clear consequences for committing crime, I also believe that we need to be smart in addressing criminal justice. A study was recently completed by the Nebraska Criminal Justice Reinvestment Working Group which was comprised of members of the Executive, Legislative, and Judiciary branches. Technical assistance was provided through a national group that has worked with other states experiencing similar problems. This comprehensive report may be found by clicking the “NECJR Working Group Final Report” link on the Legislature’s webpage for the Judiciary Committee (nebraskalegislature.gov). Against national trends, Nebraska’s incarceration rate has been increasing over the last decade and despite increased spending, recidivism rates have increased. In order to prioritize public safety and effectively reduce recidivism, the Working Group came up with twenty-one options (seventeen of which received unanimous consensus). Among these options were establishing a streamlined parole process, expand problem-solving courts, and expand the use of sentencing alternatives. Legislation reflecting this report has been introduced.

After listening to debate on this issue, I believe that we don’t have to choose between a new prison and criminal justice reform; that we need to look at both to address Nebraska’s criminal justice issues. We need to keep communities safe and spend taxpayer dollars wisely.

I welcome any comments, questions, or ideas you may have on this or any other issue. Please feel free to email me at dmurman@leg.ne.gov or call my office at 402-471-2732.