Sentencing limits amended in prison reform bill

A bill containing extensive revisions to Nebraska’s correctional system advanced to final reading May 12 after being amended to address sentencing limits.

Introduced by Omaha Sen. Heath Mello, LB605 would make numerous changes to Nebraska’s penal system. Among other provisions, the bill would have required that the minimum sentence limit imposed by the court be no more than one-third of the maximum sentence limit.

An amendment introduced on select file by Sen. Les Seiler of Hastings, adopted 37-0, removed that provision and replaced the bill. Under the amendment, the court would be required to set maximum and minimum sentence limits provided by the law for all felony classes except Class III, IIIA and IV.

For an indeterminate sentence, the court would be required to advise an offender of the minimum imprisonment to be served before attaining parole eligibility and the maximum time to be served prior to mandatory release. For a determinate sentence the court would be required to advise an offender of the imprisonment to be served prior to a term of post-release supervision and the length of the supervised term to be served before mandatory release.

Offenders convicted of Class III, IIIA or IV felonies would be imprisoned within the applicable range and serve a sentence of post-release supervision, unless probation is required.

The amendment also would authorize the Legislature to appropriate $500,000 to a fund designed for use by county jails to offset costs from potential population increases caused by implementation of LB605. Funds could not be used for capital construction or the lease or acquisition of facilities.

Omaha Sen. Beau McCoy supported the amendment and the bill, saying that the changes make the measure more closely follow the guidance of the Council of State Governments (CSG) Justice Center, which has proven to help states with justice system problems similar to Nebraska’s.

“It’s important to respect the CSG by adhering to their recommendations,” McCoy said.

Sen. Patty Pansing Brooks of Lincoln also supported the bill, calling it an important step toward preparing prisoners for reintroduction into society and making communities safer.

“We still have a lot of work to do,” Pansing Brooks said. “We need to make sure programming is in place.”

After adopting two technical amendments, senators advanced LB605 on a voice vote.