Criminal Justice Reform Discussion Slows Budget Action

Action on the state budget switched into slow-motion in the Nebraska Legislature Thursday, reflecting a continuing standoff between advocates of building a new prison and advocates of criminal justice reform.

What was officially on the agenda Thursday was the second of three rounds of debate on the state budget. But what Sen. Steve Lathrop wanted to talk about was criminal justice reform. And because he was at the head of the line to file amendments, he and his supporters controlled the debate.

One of the reforms on Lathrop’s mind was changing how Nebraska prison sentences are structured. Currently, the law sets the maximum number of years someone can be sentenced to prison for particular crimes, but a judge can sentence someone to a minimum of almost as much -- for example, a minimum of 19 and a maximum of 20 years.

Lathrop says many prisoners choose to spend slightly more time in prison until they reach that maximum – a practice known as “jamming out” -- rather than subjecting themselves to the supervision they would have if they get out on parole. But he says that contributes to the state’s prison overcrowding problem and increases chances that prisoner will reoffend, compared to releasing them on parole.

“A parole officer is going to require that an individual who is released on parole fulfil the terms of their parole, which includes maintaining employment, maintaining suitable housing, they may be drug tested randomly or frequently, they give up some of their civil rights so they’re subject to being searched and stopped. And a parole officer can go into their house and doesn’t need a warrant. In other words, it’s a far superior manner of discharge than to have an individual simply jam out,” Lathrop said.

Sen. Curt Friesen questioned Lathrop about why he was taking time during the budget debate to talk about criminal justice reform.

“Is your goal in your filibuster here to not allow us to make changes to the budget?” Friesen asked.

“No, it’s not,” Lathrop said. “The one thing I have a concern about is an amendment that would fund the prison. Because I think it is irresponsible for us to fund that prison until we decide what’s the policy going to be going forward. Are we satisfied with the prison population growing at 2.5 percent (per year) And if that’s the case then we need to be talking about $1 billion worth of prison building and not $270 million.”

Gov. Pete Ricketts has proposed building a new $270 million prison to replace the Nebraska State Penitentiary. Lathrop has said that would only increase capacity by about 700 prisoners, and still leave prisons overcrowded by more than 1,300 prisoners by 2030. The proposed budget sets aside money for a new prison, but doesn’t allow it to be spent, which is the amendment Lathrop said he’s concerned about someone introducing.

Sen. Lou Ann Linehan told Lathrop she’s talked to Ricketts’ Policy Research Office, or PRO, about that.

“I talked to PRO and they said that they have not requested anybody in the body to do that, and I haven’t heard anybody talking about doing that. So if we could, I don’t know, somehow ensure you that that wouldn’t happen, would you remove some of your amendments so other people could talk to some of the things maybe they want in the budget?” Linehan asked.

Lathrop said he has “trust issues” with that idea. “And, I’ve also seen that the people that hold stuff up get what they want around here. And now I am more determined to continue on the path I’m on because I’m not getting anywhere around here. And it doesn’t matter how long I stand here and talk about one of the biggest problems facing the state and the solution I’ve been working on for four years and particularly working on for nine months and I can’t get a dance partner,” he added.

Lathrop has complained that opponents of criminal justice reform have refused to negotiate with him. A spokesperson for Ricketts said the governor has met with Lathrop to share his support for some of the proposed criminal justice reforms, but continues to oppose others that many who studied them feel would threaten public safety.

Sen. Mike Hilgers who, as speaker of the Legislature sets the agenda, said any compromise would have to result from working together, not by threatening delay.

“It is not going to happen because someone is trying to take things hostage in the body or suggest that the way you get things accomplished here is by slowing things down. I want to make really clear: If you slow things down, you’re hurting the body. You’re not gaining leverage over my process, you’re not gaining leverage over the work that I do, and you’re not forcing me to compromise on another issue,” Hilgers said.

Lathrop said he wasn’t making a threat, but simply adapting to how the Legislature works these days.

“What I am is on a course of action that I think is now necessary given the way this place functions. Is this a violation of the norms? If we were judging this course by the norms of 10 or 20 years ago, probably. But I don’t see it (as) a violation of the norms any longer,” he said.

After four hours, senators voted to cut off debate, and then gave second-round approval to the first budget bill on a voice vote.