Smart Justice

Every Nebraskan — no matter where we live, what we look like, or what’s in our wallet — deserves to be safe. Real safety comes from strong communities, not over-policing and mass incarceration. Our Campaign for Smart Justice works for a Nebraska that invests in people, addresses the root causes of crime, pursues racial justice across the criminal legal system, and upholds fairness and equity for all. It's a core element of our 2025-2028 Strategic Plan.

A poster reads "people not prisons"

What you need to know

145%

Nebraska’s prisons are inhumanely overcrowded with the prison population at 145% of design capacity. A state of emergency has existed since 2020.

$41,000

The annual cost to incarcerate one individual — 10 times higher than probation or diversion programs, such as problem-solving courts.

28%

Black Nebraskans make up 28% of the prison population but only 6% of our state’s residents.

Ready to be part of the solution? We're recruiting Smart Justice Advocates.

For too long, politicians have pushed mass incarceration, draining resources from the very communities that need investment the most. The result? An overcrowded prison system that continues to grow faster than any other in the nation and a school-to-prison pipeline that disproportionately impacts youth of color.

Our neighbors, especially Nebraskans of color, Indigenous peoples, and economically disadvantaged community members, are unnecessarily confined in an understaffed and overcrowded prison system that violates their rights, puts their health and safety at risk, and leaves them in a worse condition than when they entered.

We’ve been in this work for decades — taking on unconstitutional prison conditions, holding law enforcement accountable, and protecting the rights of currently and formerly incarcerated Nebraskans. Alongside partners, advocates, and neighbors across Nebraska, we’ve achieved important victories and laid a strong foundation for the work ahead.

We're pushing for bold changes to end mass incarceration and racial disparities in the criminal legal system, and to invest in true community safety. We recognize that the criminal legal system has disproportionately targeted Black, Brown, Indigenous, and other communities of color, leading to systemic harm and inequities. Our goals reflect a commitment to dismantling these injustices and building a safer, more just society for all:

  • Expand diversion programs as an alternative to incarceration to keep people in their communities.
  • Reduce the prison population, halt any redeployment of the Nebraska State Penitentiary after its replacement opens, and prevent the growth of any additional detention facilities in Nebraska.
  • Ensure humane conditions, including access to health care, for incarcerated Nebraskans.
  • Enforce and strengthen Nebraska’s bans on extreme solitary confinement and reduce racial disparities in the use of isolation.
  • Hold law enforcement accountable to follow the rule of law and stop racial profiling, over-policing, and over-prosecuting in communities of color.
  • Build leadership capacity and sustainable power with a strong, broad, diverse coalition of directly impacted Nebraskans, advocates, criminal legal reform experts, nonprofit direct service providers, faith leaders, and policymakers.

We can keep pouring money into a broken system that devastates families and communities, or we can invest in real safety — jobs, education, mental health care, and rehabilitation.

It’s time to choose people over prisons.

The Latest

News & Commentary
The ACLU of Nebraska's solitary replica cell reads "Think outside the box. Solitary reform now."

Stopping Solitary is Part of the Puzzle

Solitary — or the hole as it is known in prison — leaves most people worse than when they entered.
Press Release
Program volunteer Demetrius Gatson speaks at a podium that reads "Freedom shouldn't rely on your finances."

Years After Reforms, ACLU of Nebraska Finds Court Practices Still Enabling “Debtors’ Prisons”

Along with the release of the data, the ACLU of Nebraska is promising action.
Resource
Placeholder image

Nebraska’s Ban on Juvenile Solitary Confinement

Press Release
Protesters hold signs that read, "End Mass Incarceration," and "People Not Prisons."

Citing Progress, Advocates Close Prison Case

Court Case
Aug 16, 2017

Sabata v. Nebraska Department of Corrections et al

Nebraska state prisons are in a state of chaos that is endangering the health, safety, and lives of prisoners and staff on a daily basis.
Court Case
Feb 25, 2014

Gillpatrick and Wetherell v Nebraska Correctional Services