Bill would prohibit parolees, prisoners from being undercover agents

The Judiciary Committee heard testimony Feb. 7 on a bill that would prohibit people who are on parole, probation or work release from acting as undercover agents or employees of any law enforcement agency.

Under LB267, introduced by Omaha Sen. Ernie Chambers, evidence gathered in violation would be inadmissible in court.

Those on parole, probation and work release are in vulnerable positions, Chambers said, which renders them susceptible to pressure from law enforcement to work undercover. These individuals should be learning how to function in society instead of being encouraged to break the law, he said.

Jerry Soucie, a member of the Nebraska Criminal Defense Attorneys Association, testified in support of the bill. Using parolees as undercover agents requires them to break their parole conditions and engage in criminal conduct, he said.

“This practice does not solve the crime,” Soucie said. “It exacerbates the crime.”

Hall County Attorney Mark Young testified in opposition to the bill. Parolees and prisoners have connections to criminal enterprises that law enforcement lack, he said, so the access and information they can provide to law enforcement by way of acting undercover is necessary to uphold the law.

Greg Gonzales, deputy chief of the Omaha Police Department, also testified in opposition, saying the state does not have a standardized system for working with confidential sources.

“As we battle crime in our cities, I believe it would hinder the officers’ and detectives’ ability to solve crimes if we have individuals that want to come forward and provide information [to law enforcement] but cannot because they are on parole,” Gonzales said.

The committee took no immediate action on the bill.