Nebraska LB 334: Adopt the Community Work Release and Treatment Centers Act and change provisions relating to the Board of Parole, the Department of Correctional Services, and the Office of Probation Administration

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 334

Introduced by Wayne, 13.
Read first time January 13, 2021
Committee: Judiciary
A BILL FOR AN ACT relating to treatment and corrections; to amend1
sections 28-912 and 81-8,240, Reissue Revised Statutes of Nebraska,2
and sections 29-2261, 47-902, 47-903, 81-8,244, 83-1,100, 83-1,102,3
83-1,107, 83-901, 83-903, and 83-904, Revised Statutes Cumulative4
Supplement, 2020; to adopt the Community Work Release and Treatment5
Centers Act; to provide powers and duties for the Board of Parole,6
Office of Probation Administration, office of Inspector General of7
the Nebraska Correctional System, the Public Counsel, the Division8
of Parole Supervision, and the Department of Correctional Services;9
to change provisions relating to escape from official detention; to10
provide for access to presentence investigation reports and other11
records; to transfer responsibility for certain programs and12
services from the Department of Correctional Services to the Board13
of Parole; to redefine terms; to eliminate obsolete provisions; to14
harmonize provisions; to repeal the original sections; and to15
outright repeal section 83-933, Revised Statutes Cumulative16
Supplement, 2020.17
Be it enacted by the people of the State of Nebraska,18
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Section 1. Sections 1 to 13 of this act shall be known and may be1
cited as the Community Work Release and Treatment Centers Act.2
Sec. 2. (1) Studies have shown that post-prison outcomes tend to be3
better for those inmates who participate in work release programs prior4
to their discharge from custody. Specifically, findings indicate that5
those inmates who participated in work release programs had a higher6
likelihood of obtaining post-release employment within the first quarter7
after their release, and also had a significantly lower rate of8
recidivism than those inmates who did not participate in work release9
programs prior to discharge from custody. In addition, studies indicate10
that those inmates who participated in privately operated work release11
programs were significantly more likely to become employed after their12
release.13
(2) In light of these findings, and in order to give the Board of14
Parole additional options for the placement of offenders other than the15
granting of a full parole, the Legislature deems it desirable:16
(a) To increase the number of offenders in the Nebraska correctional17
system who are exposed to work release prior to their discharge from18
custody; and19
(b) To do so in settings that also offer therapy, programming,20
treatment, vocational training, and educational classes.21
(3) To achieve these goals, it is the intent of the Community Work22
Release and Treatment Centers Act to empower the Division of Parole23
Supervision to contract with private providers to establish community24
work release and treatment centers at various locations throughout the25
State of Nebraska.26
Sec. 3. For the purposes of the Community Work Release and27
Treatment Centers Act:28
(1) Board means the Board of Parole;29
(2) Committed offender has the same meaning as in section 83-170;30
(3) Community work release and treatment center or center means a31
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residential home, halfway house, or other facility operated by a private1
provider and established pursuant to an agreement in writing with the2
division for providing housing and supervision of committed offenders3
placed in the center by the division for the purposes of work release and4
for vocational training, education, programming, or behavioral health or5
mental health treatment;6
(4) Division means the Division of Parole Supervision;7
(5) Individualized release plan means a detailed written plan8
outlining a committed offender's future vocational goals, training,9
employment, and needed treatment services following the offender's10
release from a community work release and treatment center; and11
(6) Private provider means a person, partnership, corporation,12
association, joint venture, organization, or similar entity which, under13
a contract with the division, has agreed to operate a community work14
release and treatment center pursuant to the act.15
Sec. 4. (1) The board has the power and authority to place parole-16
eligible committed offenders at community work release and treatment17
centers as provided for in the Community Work Release and Treatment18
Centers Act.19
(2) All offenders placed at community work release and treatment20
centers pursuant to the act:21
(a) Shall be under the continuing jurisdiction and authority of the22
board as if they were selected for release on ordinary parole status as23
provided for in section 83-192; and24
(b) May be subsequently released by the board on ordinary parole25
status as provided for in section 83-192.26
Sec. 5. (1) The division is hereby authorized to exercise all27
powers and perform all duties necessary and proper for