Nebraska Department of Correctional Services

LB 675 Testimony
January 17, 2018

Good afternoon, Senator Ebke and members of the Judiciary Committee. My name is
Scott Frakes (F-R-A-K-E-S) and I am the director of the Nebraska Department of
Correctional Services (NDCS). I am here today to testify in opposition of LB675.

Neb. Rev. Stat. § 83-962(1) currently says “Beginning July 1, 2020, a correctional
system overcrowding emergency shall exist whenever the director certifies that the
department’s inmate population is over one hundred forty percent of design capacity.”
LB675 would change that date to July 1, 2018. July 1, 2020 is not an arbitrary date. The
year 2020 was chosen to allow for Nebraska’s Justice Reinvestment policies, enacted
by LB 605, to take effect. A great deal of time and effort went into crafting LB 605 and
there has never been an expectation that the state would realize its impact overnight.
As of last year, LB 605 has been fully implemented and the state is seeing results. The
population is not declining as quickly as the Council of State Governments predicted,
which is why, in addition to preparing individuals for parole, we are also adding capacity.
We have been thoughtful and measured in our approach to adding capacity to ensure
we add new beds at the appropriate security level.

NDCS also has public safety concerns with moving the date up to 2018. During a
correctional system overcrowding emergency, the Board of Parole must immediately
consider or reconsider committed offenders eligible for parole who have not been
released on parole. Releasing individuals on parole because of capacity does not serve
public safety. Sixty percent of the individuals who are parole eligible are serving a
sentence for a violent crime. Nearly one-half have served prior sentences with NDCS.
About one third have been paroled during this incarceration, having had their parole
revoked or rescinded. This makes it even more important to stay committed to the
original date of 2020.

The average daily population of individuals at or past their parole eligibility dates has
steadily declined during the past 18 months, from 25.3 percent in January 2016 to 19.6
percent in December 2017. This downward trend shows great progress. NDCS is
committed to doing what it can do to help prepare inmates for parole. We have worked
hard over the last three years to increase the availability of clinical and non-clinical
programming and change the way we assess individuals in order to move them through
the system more quickly.

There are individuals who need programming and are past their parole-eligibility date.
With regard to mental health treatment (e.g., Violence Reduction Program, Anger
Management, Sex Offender treatment) and the parole-eligible population, there are 85
individuals who have been in treatment and failed; 68 individuals who have refused to
participate in treatment and 119 individuals who are on a waiting list. The substance
abuse waiting list includes 91 individuals who are parole eligible. These numbers do not
represent unique individuals; one person may be on multiple waiting lists due to his/her
specific needs.

There are many factors that can contribute to a person not accessing treatment prior to
parole eligibility. We are completing assessments sooner, providing greater access to
treatment and improving treatment delivery to ensure we meet the need. It is NDCS’
responsibility to provide individuals with opportunities to address their needs and be
ready for parole consideration at the time they become eligible. We are well on our way
to meeting that goal.

I am a strong proponent of parole and believe it makes good sense for public safety to
provide a period of supervision after release. The decisions of the Board of Parole must
be based on the level of risk the individual presents to the safety of our communities.