The Judiciary Committee made quick work of advancing a bill Wednesday morning that would allow the Legislature to continue debate, if needed, on a controversial criminal sentencing change.
Senators unanimously voted 8-0 to send the bill (LB483), which was already amended into a prison and sentencing reform bill (LB605), separately to the floor and to show their support for the concepts in the bill, said its sponsor, Lincoln Sen. Patty Pansing Brooks.
The idea of what is called indeterminate sentencing has been controversial with prosecutors, and the committee is aware it could be dropped from LB605 as part of a compromise before further debate on the bill.
LB483 would expand indeterminate sentences -- sentences that judges use to give offenders a range of years -- to include all felony classes, except when the maximum sentence is life. It would require a judge to set the minimum number of years to be not greater than one-third of the maximum number of years.
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Pansing Brooks, who introduced the bill, said it would help reduce prison crowding. It is also known as the one-third rule of sentencing.
The committee's move was meant to show its continued support of the one-third rule, Pansing Brooks said, and its belief it would benefit the prison system.
Indeterminate sentencing would help with public safety, she said, because of the requirement to meet with the Parole Board at one-third of the maximum sentence. The Parole Board could then put requirements, such as anger management classes, substance abuse counseling, job skills training, on the inmate before considering parole.
“It seems so ironic to me that the county attorneys are arguing to release less safe prisoners into our system,” she said. “This avoids the jamming out problems that we had with Nikko Jenkins.”
Jenkins was released from solitary confinement into the Omaha community when his maximum sentence was fulfilled. He had no post-release supervision and shortly after release killed four people.
It's possible, Pansing Brooks said, LB483 could be added to another bill, if needed. It does not have a priority designation.
Attorney General Doug Peterson and county attorneys said Tuesday they opposed the one-third rule as it appeared in LB605.
They like the idea that judges now can sentence offenders to any maximum and minimum sentence for most felony offenses.
“This discretion allows judges to determine a sentence on a case-by-case basis that addresses the specific facts of a case, as well as the needs and concerns associated with a particular offender,” Peterson said Tuesday.
The attorneys believe it could pose a significant and unnecessary risk to public safety, he said, and have no verifiable impact on crowding of prisons.
Omaha Sen. Burke Harr, who will help negotiate with the attorneys on LB605, said the attorneys are aware of the pressure put on the Nebraska Board of Parole by the administration in recent years to release inmates early to ease crowding.
Prosecutors understand incentives should be provided to inmates, through parole eligibility, to take classes and treatment, Harr said. But there really is no way to prevent a prisoner from “jamming out” or leaving prison after serving his or her maximum sentence to avoid parole supervision.
