Cloture attempt on parole administration bill fails

After four hours of select file debate, an attempt to force a vote on a bill that would have granted more oversight to the Inspector General for the Department of Correctional Services failed March 22.

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

The parole administration office would be required 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.

LB910 was amended on general file to include provisions of LB690, originally introduced by Lincoln Sen. Adam Morfeld. These provisions would eliminate a ban on Supplemental Nutrition Assistance Program (SNAP) eligibility for individuals convicted of a drug-related felony offense.

Sen. Mike Groene of North Platte introduced an amendment that would limit SNAP eligibility for former drug felons to those who complete a state or nationally accredited substance abuse treatment program or submit to voluntary, random drug tests at least once every six months.

Groene said there is a precedent for limiting the rights of individuals convicted of felonies.

“If you are convicted of a felony in Nebraska, you lose your right to vote and you lose your right to the Second Amendment,” he said.

Morfeld opposed the Groene amendment, saying that it mirrors current statute preventing drug felons from receiving SNAP benefits unless they complete substance abuse treatment at their own expense. Newly released felons would be unlikely to afford services at an accredited treatment center, which costs an average of $2,500, he said.

“We already have a de facto ban for those people right now because if they don’t have $2,500 [to pay for their drug treatment], they don’t get SNAP benefits,” Morfeld said. “This goes to the core of who we are as human beings. No one should be denied food, especially those who have paid their debt to society.”

The Groene amendment failed on a 16-18 vote.

Columbus Sen. Paul Schumacher introduced an amendment that would incorporate provisions of his LB861. The provisions would allow an inmate housed in solitary confinement to seek a review of his or her placement after 90 days of confinement in a single calendar year.

Schumacher said the amendment would ensure a more in-depth review of the department’s current solitary confinement policies.

“This doesn’t mandate a hearing or an appearance by the incarcerated person, but it does put the situation on the desk of a responsible person outside of the department,” he said.

Sen. Bob Krist of Omaha supported the amendment. He said the department has not moved quickly enough in adopting new solitary confinement policies.

“[The department] has not taken proper action to get to a point where there are programs, policies and procedures put in place to limit the amount of time a prisoner spends in [solitary confinement],” he said.

The Schumacher amendment was pending when Bolz filed a motion to invoke cloture, or cease debate and take an immediate vote on the bill.

The motion failed 28-15. Thirty-three votes were needed.

A failed cloture motion prevents further debate on the bill for the day. LB910 is unlikely to be scheduled for further debate this session.