Parole for lifetime sentences, medical conditions proposed

An offender serving a life sentence or who has certain medical illnesses could be eligible for parole under a bill heard by the Judiciary Committee Jan. 26.

LB980, introduced by Omaha Sen. Terrell McKinney, would make inmates eligible for parole after they have served 25 years of a lifetime sentence, or half of the minimum of consecutive terms, whichever is greater. The parole board would be required to conduct a parole review no later than 60 days prior to the date a committed offender becomes eligible for parole and would be required to prioritize such reviews. 

In addition, the bill would expand medical parole considerations for offenders. Current state law allows medical parole consideration for an offender who is determined to be terminally ill or permanently incapacitated, if not under a sentence of life imprisonment or death.

Under LB980, an inmate with a terminal illness, permanent incapacity or debilitating medical condition would be considered for release to receive medical care and treatment. A hospital, hospice or other housing accommodation, including the person’s home, would be options for a treatment location.

The bill would apply to all committed offenders under sentence or on parole on or after the measure’s effective date.

McKinney said the bill is specific to incarcerated individuals who pose no risk to the state because of their health. Those who are eligible for parole could still be denied, he said. 

“Many individuals who are serving lengthy sentences are also some of the model citizens that have taken advantage of the resources inside [prison] to not only improve themselves, but to also assist others,” McKinney said. “This is to allow somebody an opportunity to evolve as an individual and to provide a mechanism for those who are terminally ill to be home with their families.” 

Joe Nigro testified in support of LB980 on behalf of the Lancaster County Public Defender’s Office and the Nebraska Criminal Defense Attorneys Association. 

“[LB980] doesn’t mean that the individual will be paroled, but the chance of parole is a really important behavioral motivator for people serving sentences,” Nigro said. “Release on parole leads to a lower chance of recidivism … than release without supervision.”

Also in support of LB980 was Alexander Rahe, a student who identified as a former inmate. Current rules surrounding medical parole are ambiguous, he said.

“There’s a lot of questions as to who makes that decision [regarding terminal illness or permanent incapacity], whether it’s a team of people, a single doctor and whether or not there’s any sort of an appellate process for that determination,” Rahe said.

Jason Witmer also spoke in favor of LB980. Witmer, also a former inmate, said he was greatly impacted by individuals with life sentences or the equivalent, who chose to educate themselves and reached out to “destructive lost boys” like him while in prison. 

“It is that investment that returned me to society as a neighbor worth having,” Witmer said. “Accountability is not gained by vengeance.”

No one testified in opposition to LB980 and the committee took no immediate action on the bill.