FOR IMMEDIATE RELEASE
February 6, 2014
CONTACT: Tyler Richard, (402) 476-8091 x104, trichard@aclunebraska.org
LINCOLN - On Thursday, the Legislature's Judiciary Committee is discussing a proposal to reform Nebraska's prison system. The proposal, introduced by Omaha Senator Brad Ashford, intends to increase rehabilitation efforts such as education, mental health treatment, and other programs. In testimony submitted by the ACLU of Nebraska, the organization indicated that if the state failed to provide such programs, the prison system could face constitutional challenges.
"Right now, Nebraska's criminal justice system is like a bike with only one gear: the prison system," said ACLU of Nebraska Legal Director Amy Miller. "We're trying to deal with a variety of crimes, individuals, and circumstances with a bike that is stuck in single gear. Ensuring that we have the right gears on the bike and are able to use them all appropriately improves the effectiveness of the criminal justice system and increases public safety."
Testimony from the ACLU shares the following concerns about the current state of the criminal justice system:
- Many inmates are being denied access to religious practices due to space limitations;
- The existing ventilation system does not meet recommended standards for the number of inmates;
- Insufficient medical care, both mental and physical care;
- Minimal out-of-cell time which limits exercise, access to AA and other treatment programs, GED classes, and other rehabilitation programs;
The ACLU has said that each of these items have been a part of successful lawsuits where a court has determined a prison system has violated 8th Amendment prohibitions of cruel and unusual punishment.
"Our jails and prisons are overcrowded because we have taken individuals with non-violent offenses, including drug possession, and provided no treatment, no education, and no opportunity to succeed," continued Miller. "We've seen that when we add gears to the bike that is our criminal justice system, we can switch to the rehabilitation path that is fair and appropriate for each individual. This not only costs less than throwing everyone behind bars but it leaves our communities safer."
Nebraska's prison system is currently at over 150% of capacity. The estimated cost of building a new prison is $150 million plus annual operating expenses. The reforms in Sen. Ashford's proposal are estimated to be closer to $25 million. At a legislative hearing in October of 2013, Captain Dan Williamson of the Sarpy County Sheriff's office indicated that one in three inmates have mental health issues and his office lacked the resources to adequately provide services. Recent reports from the Nebraska Ombudsman's office have indicated that the lack of services impacts the entire correctional system in negative ways.
"It doesn't matter if you are looking at cost, the percent of the population behind bars, or the impact of the individuals who end up incarcerated, you can see that our system is broken. Lawmakers should heed the warnings in the ACLU's testimony and move Sen. Ashford's proposal forward," concluded Miller.
The bill, LB 907, is being heard by the Judiciary Committee on Thursday at 1:30pm. The committee will also hear testimony for LB 999. This bill would improve the parole eligibility standards and help reduce overcrowding.
