Second chance relief proposal narrowed, advanced

Lawmakers narrowed a measure April 25 that would allow certain individuals serving long-term prison sentences to apply for second chance relief before advancing it to select file.

LB215, as introduced by Bellevue Sen. Rick Holdcroft, would adopt the Clean Slate Act and allow individuals with certain nonviolent convictions to have their records sealed after completing a period of rehabilitation without reoffending. Under the bill, individuals receiving clean slate relief would have their criminal history information protected from disclosure, except to criminal justice agencies.

Additionally, the measure would establish the Second Chance Relief Program for Long-Term Inmates. The program would require the Nebraska Department of Correctional Services, the Division of Parole Supervision, the Board of Parole and the Board of Pardons to collaborate and recommend second chance relief to eligible offenders, which could include sentence commutation or parole.

Holdcroft said after visiting NDCS facilities and meeting with individuals serving long-term and life sentences, he saw firsthand that rehabilitation is possible and that those who have committed crimes are capable of change.

It’s a “complete waste” to keep rehabilitated people in prison, he said, especially when Nebraska is facing growing incarceration costs and an aging prison population.

“The potential these individuals have to be not a drain on but rather productive members of society — mentors, coaches, grandparents, breadwinners, taxpayers [and] volunteers — is of much greater value than spending the rest of their lives behind bars,” Holdcroft said. “Justice has already been served. The debts to society have already been paid.”

A Judiciary Committee amendment would remove the Clean Slate Act provisions and retain the portions of the bill regarding the second chance relief program.

Lincoln Sen. Carolyn Bosn, chairperson of the committee, said the amendment would encourage but not mandate the Board of Pardons to consider second chance relief, allowing the board to maintain its discretion.

Under the committee amendment, individuals with long-term or life sentences could seek second chance relief if the offense occurred before they were age 26 and if they have served at least 25 years. Those who committed an offense at age 26 or older would have to serve at least 30 years before becoming eligible for second chance relief.

The amendment also would require NDCS to identify individuals eligible for second chance relief, or who would be eligible within five years, and provide lists of those individuals to the Board of Parole.

In determining whether someone is eligible for second chance relief, the Board of Parole would complete a risk assessment. If the Board of Parole were to recommend second chance relief, it would send a recommendation to the Board of Pardons, which then would decide whether to grant a commutation of some or all of the remaining sentence or to grant parole.

If the Board of Pardons were to grant commutation and parole, the Board of Parole would be required to create a reentry plan that would provide the individual access to mentorship, restorative justice programs, housing, employment, education and mental health services.

If the Board of Pardons were to determine an individual is ineligible for second chance relief, it would be required to outline steps or requirements to improve the individual’s chances of receiving relief in the future.

Omaha Sen. Terrell McKinney supported the bill and committee amendment, saying the measure would help responsibly reduce Nebraska’s prison population and incentivize incarcerated individuals to better themselves while serving their sentences.

“We talk about giving people second chances, having humanity and wanting people to go inside these institutions and improve themselves,” McKinney said. “This is something that would incentivize that.”

Sen. Jana Hughes of Seward also supported the bill and amendment. Young people’s brains are not fully developed, she said, and they sometimes commit impulsive crimes because they don’t completely understand the consequences of their actions.

Additionally, she said, individuals who have served a significant portion of their sentence — who have changed for the better and taken responsibility for their actions — deserve a second chance.

Senators initially rejected the committee amendment on a 21-13 vote. Twenty-five votes were needed.

Omaha Sen. Machaela Cavanaugh filed a successful motion to reconsider the vote and the committee amendment was adopted 31-9. Lawmakers then voted 25-14 to advance LB215 to select file.