Judiciary

Changes to parole administration advanced

A bill advanced by lawmakers March 9 would grant more oversight to the Inspector General for the Department of Correctional Services.

A bill passed last year provided for the state Department of Correctional Services’ Office of Parole Administration to be located within the state Board of Parole. LB910, introduced this year by Lincoln Sen. Kate Bolz, would ensure the inspector general has oversight of parole administration once that transition is complete.

“One of the most important things we did [in last year’s bill] was to create an independent parole board that allows for independence and autonomy of the board in making the best decisions for people reentering society,” she said. “[LB910] continues our work to improve and develop best practices for reentry for individuals leaving our correctional systems.”

Bolz introduced an amendment, adopted 27-0, which would require the parole administration office to provide public counsel and the inspector general access to all computerized records, reports and documents maintained by the office in connection with the administration of parole. Release of medical or mental health records would be subject to a parolee’s consent.

The bill also would require the department director to annually submit a report detailing the race, gender and age of all inmates held in restrictive housing as well as the length of time spent in such housing. The report must include the number of inmates diagnosed with mental illness or behavior disorders held in restrictive housing.

Lincoln Sen. Adam Morfeld also introduced an amendment, which would eliminate a ban on Supplemental Nutrition Assistance Program (SNAP) eligibility for individuals convicted of a drug-related felony offense. Morfeld said 18 states have repealed similar bans.

“Denying a stable food source to individuals reentering society is counterproductive and increases the likelihood of recidivism,” he said, adding that losing access to SNAP benefits affects the children of offenders. “We should not punish children for the mistakes and trials of their mothers and fathers.”

Sen. Les Seiler of Hastings supported the amendment, saying the Judiciary Committee has been working for the past three years on ways to ease the reentry process for nonviolent offenders.

“This is a part of getting parolees training, finding jobs and earning money so they can pay back society and pay taxes,” he said. “This is one method of [helping to stabilize their lives] and getting food to them.”

Sen. Bill Kintner of Papillion challenged the germaneness of the Morfeld amendment. According to legislative rules, only amendments found to be germane, or relevant, to the underlying bill may be considered during debate. The chair ruled the amendment to be germane to LB910.

Kintner challenged the ruling of the chair, saying the amendment’s provisions, originally included in Morfeld’s LB690 and heard by the Health and Human Services Committee, should be amended into a bill dealing with public benefits, not parole.

Lincoln Sen. Kathy Campbell disagreed, saying ensuring those who are leaving a correctional facility and reentering society have access to a stable food source is a primary component to the parole system.

“To my knowledge, there’s no other felony that we [apply the ban on SNAP benefits] to,” Campbell said. “How can we expect people to come out of the system, get a job and rebuild their lives without food?”

The motion to overrule the chair failed on a 7-26 vote.

Kintner opposed the amendment.

“Nebraska should not use tax dollars to support those who choose to continue using and selling drugs,” he said.

Following the adoption of the Morfeld amendment on a 35-5 vote, senators advanced the bill to select file 31-5.

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