UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 41, Issue 13 / March 26 - 29, 2018 Title X compromise reached, state Requirements for correctional over- budget adjustments advanced crowding emergency plan advanced he state Department of Cor- rectional Services would be Trequired to develop an acceler- ated release plan for inmates under a bill advanced by the Legislature March 29. Introduced by Lincoln Sen. Patty Pansing Brooks, LB841 calls for an ac- celerated release plan to go into effect if the de- partment is oper- ating at 140 per- cent of capacity on July 1, 2020. The plan would Sen. Patty Pansing Brooks remain in place until the inmate popu- Sens. Sara Howard, Burke Harr and Matt Williams discuss the negotiated amendment with Sen. lation reaches 125 percent of capacity. Ernie Chambers, who opposed its adoption. Pansing Brooks said a 2017 report awmakers reached a compro- diagnosis and treatment of sexually by the inspector general of the Nebras- mise on Title X provisions in transmitted diseases, cancer screenings ka Correctional System showed that Lthe state’s mainline budget and family planning services. Federal Nebraska has the second highest rate March 28, amending and advancing grant funds dispersed by the state of prison overcrowding in the country the bill to final reading. through the program cannot be used behind only Alabama. The average LB944, introduced by Speaker Jim to perform abortions. daily population of Nebraska’s cor- Scheer at the request of the governor, A provision included in LB944 as rectional system is 5,343 inmates, she contains recommendations for state part of Gov. Pete Ricketts’ mid-bien- said, which is 155 percent higher than operations and state aid to schools nium budget proposal would prohibit its design capacity of 3,435 inmates. and agencies. Lawmakers engaged in federal Title X funds from being paid “We must take action now to ensure extended debate during several rounds or granted to an organization that individuals are released back into the of discussion on both general and performs, assists, provides counsel- community in a way that keeps all of select file on a provision in the bill ing in favor of or refers for abortion our citizens safe should an overcrowding regarding Title X funding disburse- services. An otherwise qualified or- emergency become necessary,” she said. ment to health clinics that also provide ganization that is affiliated with, but The plan would provide a process abortion services. objectively independent from, such an for the department director to certify Nebraska receives funds from the organization—which the bill defines that an overcrowding emergency exists, federal Title X program that are used as legal, physical and financial separa- prepare and submit a list of parole- to subsidize preventive and reproduc- tion—would not be disqualified from eligible inmates to be considered for ac- tive health services, including the receiving funds under the bill. celerated release and develop a process (continued page 3) (continued page 2) INSIDE: Greater child seat requirements approved • Bill equalizes district court caseloads March 26 - 29, 2018 Requirements for corrections overcrowding plan advanced (continued from front page) by which the board of parole would of its system-wide staffing needs prescribed and dispensed a examine inmates for potential release. and provide a report to the Leg- medication-assisted treatment to The department’s plan must be islature by Sept. 15, 2020 and reduce or eliminate an inmate’s delivered to the Legislature no later every six years thereafter; use of opiates upon release. than Dec. 1, 2018. • LB852, introduced by Lincoln Howard spoke in support of the A Judiciary Committee amend- Sen. Kate committee amendment, which in- ment incorporated into the bill provi- Bolz, which cluded provisions of her LB932. There sions of several additional bills: would au- is a dearth of substance abuse services • LB366, introduced by Hastings thorize the and providers in Nebraska, she said, so Sen. Steve department it is important to help inmates control Halloran, to allow an cravings for opioids while locating and which would inmate to securing those services. change the temporarily Sen. Kate Bolz “Offering inmates about to be re- name of the leave a facility to participate leased the opportunity for a discharge Office of Pa- in substance abuse treatment, protocol around medication-assisted role Admin- attend rehabilitative program- therapy gives inmates the opportunity istration to Sen. Steve Halloran ming or seek residency or em- to not have those cravings for at least a the Division of Parole Super- ployment; and month while they find the substance vision and place the division • LB932, in- abuse assistance they need,” Howard within the Board of Parole; troduced by said. • LB692, introduced by Bel- Omaha Sen. Crete Sen. Laura Ebke introduced levue Sen. Sara Howard, an amendment to the committee Carol Blood, which would amendment, adopted 37-0 March 27, which would require the which removed the following bills direct the de- department’s from the committee amendment: partment to medical di- Sen. Sara Howard • LB816, introduced by Omaha complete a rector to establish a protocol for Sen. Ernie Chambers, which comprehen- determining whether an inmate would authorize the Nebraska sive analysis Sen. Carol Blood soon to be released should be State Patrol to investigate al- (continued page 4) UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. 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THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 26 - 29, 2018 Compromise reached, budget adjustments advanced (continued from front page) Supporters said the provision is sure that no woman would be losing Pansing Brooks said. “We have de- needed in light of questions raised her access to this important care,” cided to allow things to be placed in by state audits to ensure that Title X Howard said. “Everybody in the room the budget that shouldn’t be in the funds are not “comingled” with funds really gave everything to try and find budget.” used to provide abortion services. something that would work.” Lincoln Sen. Adam Morfeld said Opponents said the restrictive referral Lincoln Sen. Kate Bolz, vice chair- the language “almost certainly” would language would jeopardize funding for person of the Appropriations Com- exclude Planned Parenthood from re- the state’s federally qualified health mittee, spoke in support of the amend- ceiving Title X funding, which he said centers and hinder access to health ment, saying its adoption would provides health care services to 8,000 care. ensure funding for the state’s overall to 10,000 Nebraskans. He said there Scheer offered an amendment priorities through advancement of is no assurance that another provider March 28 that he said represents the the budget. will be able to step in and serve those culmination of “hours and hours” “This is a compromise that pro- individuals. of negotiation by senators on both tects our state’s ability to continue to “There are going to be real impacts sides of the divide. He said the provide essential services through the on real people,” Morfeld said. “I sim- agreement was fair and the result of Title X program, including cancer ply, from a principled position, cannot perseverance and a desire to pass the screenings, preventive health services support this legislation or this amend- Appropriations Committee’s budget and prenatal care,” she said. ment because if it is enacted into law, adjustments. Sen. Mike Hilgers of Lincoln, who I believe it will unlawfully exclude one “This is it, folks,” Scheer said. also participated in the negotiations, provider in particular.” “This is as good as it gets.” said the result was a compromise that After two hours of discussion, While the amendment continues would ensure Nebraska’s continued senators voted 43-4 to invoke cloture, to prohibit the referral of a patient to access to Title X funding. or cease debate and vote on the bill. an abortion service, the definition of “This process put us in a room and The amendment was adopted on a referral would be limited to the act of did what I believe we should do here in vote of 40-4 and LB944 advanced to recommending a pregnant woman to this body: listen to each other, identify final reading 44-4. doctors, clinics or other persons or common goals that will help Nebras- Three other budget bills were ad- entities for the purpose of obtaining kans and work towards that goal.