Pubdate: Sat, 18 Dec 2004
Source: Lincoln Journal Star (NE)
Copyright: 2004 Lincoln Journal Star
Contact:  http://www.journalstar.com/
Details: http://www.mapinc.org/media/561
Author: Nate Jenkins, Lincoln Journal Star
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

CORRECTIONS REFORM GETS LEGISLATIVE TEMPLATE

Any blurring of the state Community Corrections Council's mission was
brought into sharp focus Friday with one pronouncement by Harold Clarke.

As of Friday morning, the Department of Correctional Services director
reported a new record had been reached: 4,095 people incarcerated in
Nebraska prisons.

Council members responded during a high-pitched, five-hour meeting --
its last before the start of the legislative session -- by putting
finishing touches on a draft bill that represents years of work and
will be presented to the Legislature next month. The bill aims to
significantly reduce the prison population by changing how the state
treats its drug-addicted residents.

Many now land behind bars, a fate reformers believe doesn't
rehabilitate those who are hooked and could eventually lead to
another, multi-million dollar prison.

Community treatment programs that would put more people on probation
and would keep drug offenders out of jail carry a lofty price tag --
about $5 million annually, according to a rough estimate from the
Health and Human Services System, which would likely implement the
program.

The alternative of shunning change and continuing to fill prisons with
drug offenders, said Omaha Sen. Kermit Brashear, chairman of the
Corrections Council, could "break the bank" by eventually forcing
construction of another prison.

The prison that opened in Tecumseh in 2001 cost more than $70
million.

If in place today, the bill and associated programs that met favor
with the council Friday could reduce the state's prison population by
more than 800.

Components of the bill include:

* Having the Supreme Court adopt new guidelines that direct courts to
consider community corrections programs to reduce dependence on
incarceration for nonviolent offenders.

* Change civil forfeiture provisions to pattern federal law and direct
some money now gathered from cash and property seized during drug
busts to drug treatment. Money is now divided between law enforcement
and schools. Doing so might require a constitutional amendment.

"Meth is just overtaking us," said William Burgess, sheriff of
Fillmore County and a council member, "and we're going to have to do
some treatment."

* Adding drug treatment programs to the state's work ethic camp in
McCook.

* Developing personalized rehabilitation programs for nonviolent
offenders and reducing their sentences.

Struck from the draft bill was a provision for split sentencing. It
allows judges to parse sentences into jail time and probation, instead
of one or the other. Some disagreed whether split sentencing would
achieve the goals of the council by reducing the number of nonviolent
offenders in prisons, or increase their presence behind bars.

"It is contrary to our purpose," said Kenneth Vampola, a member of the
council and chairman of the state Parole Board.

Added to the draft bill Friday was a measure that would put
nonprobation programs, such as drug courts, in line to receive funds
under the new program. Another provision would allow the state Supreme
Court to direct probation officers to participate in drug court programs.

Already in use, including in Lancaster County, drug courts offer a
combination of strict supervision and goal-oriented programs for
people who might otherwise land in prison.

If the bill discussed Friday clears all hurdles in the Legislature,
drug court participants could pay into a new community corrections
system because they would benefit from probation services.

The sole pot of money for a new community corrections program totals
about $2.5 million, mainly the result of new fees collected from those
on probation.

The amount could grow to about $4 million by the beginning of the next
fiscal year, July, when organizers hope to begin moving forward with
the corrections plan.

That figure is short of the $5 million cost projection and will have
been accumulated for more than a year.

At current levels, the probation fees can be expected to garner about
$2.4 million annually, according to estimates from Howard Kensinger of
the Legislative Fiscal Office.

The Legislature will have to weigh costs of the program against the
consequences of maintaining the status quo, as spelled out by Brashear
Friday.

When weighing of the draft bill became bogged down by worries that
some pieces may overreach the council's scope, Brashear encouraged the
council to view itself as a driving force for "getting this state to a
new day" where corrections reform is possible.

"The climate is right in terms of accomplishing something," Brashear
said later. "I'm trying to get a high standard that will help us
negotiate a deal."
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MAP posted-by: Larry Seguin