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Bill > LB1208


NE LB1208

NE LB1208
Change provisions relating to restrictive housing, immediate segregation, discipline, and other conditions of confinement in state correctional facilities


summary

Introduced
01/23/2020
In Committee
01/27/2020
Crossed Over
Passed
Dead
08/13/2020

Introduced Session

106th Legislature

Bill Summary

A BILL FOR AN ACT relating to treatment and corrections; to amend sections 83-4,109, 83-4,110, 83-4,111, 83-4,112, 83-4,113, 83-4,115, 83-4,120, 83-4,122, and 83-4,123, Reissue Revised Statutes of Nebraska, sections 25-3401, 83-170, 83-173, and 83-4,114.01, Revised Statutes Cumulative Supplement, 2018, and section 83-173.03, Revised Statutes Supplement, 2019; to name an act; to provide, change, and eliminate definitions; to change and eliminate provisions relating to discipline, confinement status, solitary confinement, restrictive housing, immediate segregation, disciplinary segregation, and rules and regulations; to provide duties for the Department of Correctional Services; to prohibit double bunking; to provide requirements and procedures for the use of statements or testimony by informants; to eliminate obsolete provisions; to harmonize provisions; to repeal the original sections; to outright repeal section 83-173.02, Revised Statutes Cumulative Supplement, 2018; and to declare an emergency.

AI Summary

This bill makes several changes to provisions relating to restrictive housing, immediate segregation, discipline, and other conditions of confinement in state correctional facilities in Nebraska. The key provisions of the bill include: 1. Establishing the "Nebraska Department of Correctional Services Disciplinary Procedures Act" to govern disciplinary procedures in all facilities administered by the Department of Correctional Services. 2. Defining key terms like "restrictive housing," "immediate segregation," "long-term restrictive housing," and "solitary confinement." 3. Prohibiting the placement of inmates who are members of "vulnerable populations" (18 years or younger, pregnant, or with serious mental illness, developmental disability, or traumatic brain injury) in restrictive housing, with limited exceptions. 4. Limiting the duration an inmate can be placed in restrictive housing to 90 days per calendar year, unless an individualized determination is made by a specialized classification committee. 5. Requiring the provision of specific out-of-cell time and access to mental health treatment and programming for inmates in long-term restrictive housing. 6. Prohibiting double bunking in restrictive housing and discharging inmates directly from long-term restrictive housing into the community. 7. Establishing new requirements for the use of inmate informants in disciplinary proceedings, including disclosure of information to the Office of Inspector General and Public Counsel. The bill aims to reform the use of restrictive housing and disciplinary procedures in Nebraska's correctional facilities, with a focus on protecting vulnerable populations and enhancing due process safeguards.

Committee Categories

Justice

Sponsors (1)

Last Action

Indefinitely postponed (on 08/13/2020)

bill text


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