Nebraska LB 25: Adopt the Prison Population Reduction and Property Tax Relief Act and provide for early discharge from parole and for recommendations for commutations of certain sentences

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SPECIAL SESSION
LEGISLATIVE BILL 25

Introduced by McKinney, 11.
Read first time July 26, 2024
Committee: Judiciary
A BILL FOR AN ACT relating to criminal justice; to amend section 29-2208,1
Revised Statutes Cumulative Supplement, 2022, and section 83-1,135,2
Revised Statutes Supplement, 2023, as amended by Laws 2024, LB631,3
section 44; to adopt the Prison Population Reduction and Property4
Tax Relief Act; to provide for early discharge from parole and5
recommendations for commutation; to provide duties for the6
Department of Correctional Services, the Board of Parole, the7
Division of Parole Services, the Board of Pardons, and the Reentry8
Continuity Advisory Board; to harmonize provisions; and to repeal9
the original section.10
Be it enacted by the people of the State of Nebraska,11
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Section 1. Sections 1 to 4 of this act shall be known and may be1
cited as the Prison Population Reduction and Property Tax Relief Act.2
Sec. 2. (1) The Legislature finds that:3
(a) High incarceration rates lead to a drain on the state's fiscal4
resources, which means there are less resources available to provide5
relief for property taxes pursuant to property tax relief programs6
authorized or amended by any legislative bill enacted by the One Hundred7
Eighth Legislature, First Special Session;8
(b) Providing for early parole discharge and for second chance9
relief for individuals serving long-term sentences can reduce10
incarceration rates without requiring substantial upfront state funding;11
and12
(c) Reducing the prison population can lead to significant savings,13
which can be used to lower property taxes pursuant to property tax relief14
programs authorized or amended by any legislative bill enacted by the One15
Hundred Eighth Legislature, First Special Session.16
(2) Through the enactment of the Prison Population Reduction and17
Property Tax Relief Act, the early parole discharge program under section18
6 of this act, and the second chance relief program under section 7 of19
this act, the Legislature intends to:20
(a) Reduce the state prison population without requiring upfront21
state funding; and22
(b) Reallocate savings from reduced incarceration costs to provide23
property tax relief pursuant to property tax relief programs authorized24
or amended by any legislative bill enacted by the One Hundred Eighth25
Legislature, First Special Session.26
(3)(a) The Legislature further finds that in order to address27
Nebraska's high incarceration rates, it is necessary to reduce the28
numbers of people sentenced to prison when less costly and more29
rehabilitative and effective sentences are available.30
(b) To that end, the Legislature encourages judges throughout the31
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state to utilize, to the fullest extent permitted by the law and whenever1
appropriate considering the facts of the case, sentences other than2
imprisonment, including probation, community service, and house arrest.3
Sec. 3. (1) The Department of Correctional Services shall, on or4
before July 1, 2026, and on or before each July 1 thereafter, report on5
cost savings to the state as a result of the early parole discharge6
program under section 6 of this act and the second chance relief program7
under section 7 of this act. The department shall consult with fiscal8
analysts when determining the amount of such cost savings. The report9
shall be submitted electronically to the Legislature and to the10
Department of Revenue, which shall use such report to determine the11
amount of savings that may be used for property tax relief.12
(2) The Reentry Continuity Advisory Board shall monitor the13
implementation and effectiveness of the early parole discharge program14
under section 6 of this act and the second chance relief program under15
section 7 of this act. The board shall, on or before July 1, 2026, and on16
or before each July 1 thereafter, electronically submit a report to the17
Legislature regarding such programs. The report shall include, but need18
not be limited to:19
(a) Reductions in the prison population as a result of such20
programs;21
(b) Cost savings achieved; and22
(c) Recommendations for further improvements.23
Sec. 4. It is the intent of the Legislature for FY2026-27 to24
transfer an amount equivalent to the cost savings realized by the passage25
of this legislative bill from the General Fund to the Property Tax Credit26
Cash Fund and to transfer corresponding amounts for each fiscal year27
thereafter.28
Sec. 5. Section 29-2208, Revised Statutes Cumulative Supplement,29
2022, is amended to read:30
29-2208 (1) A person who has been ordered to pay fines or costs and31
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who has not been arrested or brought into custody as described in1
subdivision (1)(a) of section 29-2412 but who believes himself or herself2
to be financially unable to pay such fines or costs may request a hearing3
to determine such person's financ