Lawmaker sees property tax relief in reducing Nebraska’s prison population

State Sen. Terrell McKinney of Omaha. July 26, 2024. (Zach Wendling/Nebraska Examiner)

LINCOLN — An Omaha lawmaker is taking an alternative route to provide Nebraskans property tax relief by seeking to decrease the state’s prison population and offer second chances.

State Sen. Terrell McKinney’s Legislative Bill 25 seeks to reallocate direct savings from reduced incarceration costs to property tax relief. It would accomplish this in one of three ways: encouraging alternative sentencing such as probation, community service and house arrest; early parole discharge; and second chance relief.

Lawmakers are holding a special session to give taxpayers a break from property taxes, McKinney said, but taxpayers also “need a break from a horribly ran criminal justice system.”

“It’s like a black hole of money that we just keep wasting and not solving the problem,” McKinney told the Nebraska Examiner.

Part of the concern, McKinney said, is that the state is building a replacement prison but not explaining what will happen to the current Nebraska State Penitentiary. Either way, he argued, legislation will be needed.

Estimated ‘millions’ in savings

LB 25 encourages judges to offer alternative sentencing, when appropriate and legally allowed.

McKinney led a significant package LB 631, in the regular session to reform the Parole Board . It took effect July 19 and seeks to help offenders learn how to navigate the parole process.

He said his most recent bill would continue those reforms and are about “really looking at them as humans” and asking if they’ve improved themselves since they’ve been incarcerated.

McKinney estimated his bill  would save the state “millions.”

For the 2022-23 fiscal year, the average daily cost per inmate was $36.67 , amounting to $13,383.33 annually.

The most recent data , for fiscal year 2023-24, indicate the average daily state prison population is 5,880, 144.86% above design capacity and 115.86% above operational capacity.

If passed, LB 25 would require the Department of Correctional Services to report cost savings by July 1, 2026, and in each successive year. Those savings would be diverted to any property tax relief programs established this special session.

Alternative sentencing, early parole discharge

The proposal would expand early parole discharge opportunities for Nebraska parolees who meet eight criteria, including:

• Spent at least six months in a community corrections facility.
• Successfully completed at least 90 days of parole.
• Holds a high school diploma or completed equivalent education.
• Maintained steady employment or stability in postsecondary education.
• Participated in necessary programming.
• Completed other criteria as established by the department director.

The other two criteria relate to disciplinary violations, with eligibility limited to offenders who have never had a major violation and no more than five minor violations in the past two years.

The Parole Board would review the offender’s record. If recommended by the Parole Board, the Pardons Board would review and could opt to shorten parole, by at least 90 days.

If the Pardons Board declines to do so, it must provide a list of steps or requirements that the parolee must complete to be granted an early discharge.

The Pardons Board consists of the governor, secretary of state and attorney general.

Second chance relief

The final part of LB 25 is establishing a second chance relief program that would encourage the Board of Pardons to commute all or part of a parolee’s sentence. LB 25 states it could help those Nebraskans responsibly reintegrate into their communities “as fully free individuals.”

The second chance program would offer committed offenders, including those with life imprisonment sentences, eligibility for the program based on their age.

For an offense committed when the offender was 25 years of age or younger, it would come after serving 25 years. For older offenders, it would be after completing 30 years of their sentence.

The Parole Board would recommend commutation to the Pardons Board. If rejected, the Pardons Board must list steps or requirements for the person to be granted a commutation at a subsequent review.

If granted a commutation and paroled, the Parole Board would:

• Develop a detailed reentry plan tailored to the offender’s needs, including job placement, housing support and access to continuing education and mental health services.
• Provide access to mentorship programs and community support networks to facilitate successful reintegration into the community
• Offer restorative justice opportunities, when appropriate, to allow amends with victims and the community.
• Require accountability and monitoring by requiring regular check-ins with parole officers and continuous monitoring during the initial phase of reentry to ensure compliance.

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