UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 37, Issue 6 / Feb. 10 - 13, 2014 Priority designation Bill would require inmates proposed for low- to earn early release performing schools enators gave first-round approval Feb. 13 to a bill that would Sprovide special assistance to the state’s lowest performing schools. Under LB438, as originally intro- duced by York Sen. Greg Adams, an intervention team appointed by the State Board of Education would assist the school district and school staff in diagnosing issues and design- Sen. Greg Adams ing and implementing strategies to address them. A school would retain the priority designation until the State Sen. Scott Lautenbaugh said violent offenders should not automatically receive reduced sentences for good behavior. Board of Education determines it is no ebraska’s most violent prison sentence reduction for good behavior longer necessary. inmates would have to earn and an additional 25 percent reduc- Adams said the state currently has N“good time” reductions to tion for participation in rehabilitation no way to intervene in failing school their sentences under legislation heard programs. That programming would districts. by the Judiciary Committee Feb. 12. include academic and vocational “We already collect the data but we LB832, introduced by Omaha Sen. education, substance abuse treatment don’t have an accountability system,” Scott Lautenbaugh, would require and mental health and psychiatric he said. “There is nothing in statute violent offenders to earn sentence re- treatment, which includes criminal that gives the state board the authority ductions by participating in programs personality programming and work to intervene and fix problems.” approved by the state Department of programs. An Education Committee amend- Correctional Services. The bill would Lautenbaugh said the bill would ment, adopted 34-0, replaced the bill apply only to inmates convicted of simply shift more of the responsibil- and decreased the number of eligible violent crimes such as murder, man- ity for sentence reductions to certain priority designation schools from five slaughter, assault, kidnapping, sexual inmates. to three. Under the bill as amended, assault, robbery and using a deadly “It’s a philosophical approach for the intervention team — in conjunc- weapon to commit a felony. me, I think it just makes sense to have tion with school district staff — would Current law automatically awards [good time] be earned,” he said. be required to develop a progress plan all inmates a 50 percent sentence Mike Kenney, director of the Ne- to include specific action by the school reduction based on good behavior. braska Department of Correctional and district to remove the priority des- Under LB832, violent offenders Services, testified in support of the ignation. Any priority school would be instead would receive a 25 percent bill, saying it would hold the most required to comply with the progress (continued page 2) (continued page 3) INSIDE: Committees proposed to investigate DHHS, Corrections • Committee hearing schedule February 10 - 13, 2014 Bill would require inmates to earn early release (continued from front page) violent offenders to a higher standard tive for early release will not succeed programming. of conduct while in prison. because inmates currently do not The committee took no immediate “Earned time would help to de- have adequate access to rehabilitative action on LB832. g velop, in prison, a pattern of behavior that is considerate of others and in keeping with good conduct in society,” Find Your Senator Kenney said. If you want to know which legislative district you live in, www. “With our current system violent NebraskaLegislature.gov provides an easy tool for locating your district offenders have little motivation to and senator. work on individually crafted rehabili- tation plans,” said John Freudenberg Clicking on the “Senators” ► “Find your senator” link on the left side of of the Nebraska Attorney General’s the home page will open a map that permits you to enter your address Office. “If we want rehabilitation pro- or click on the area in which you live. grams to be effective, there has to be a reason for offenders to participate,” Once you click the map in the area marked by the location pin, a picture he said. of your senator will appear with a “More Info” link below the image. Chuck Freyermuth, uncle of mur- Clicking the “More Info” link will take you to the senator’s Web page. der victim Andrea Kruger, testified This page contains senators’ contact information and links to their in support of LB832, saying the bill biography and photos. It also provides a list of committees they serve focuses on the inmates who need the on and the bills they’ve introduced. most help before rejoining society. “This demographic is the breed- ing ground which gives rise to violent career criminals and it is the exact population that you have a responsibil- ity to protect us from,” he said. Alan Peterson of American Civil Liberties Union Nebraska called LB832 an “illusory nonsolution.” Testifying in opposition to the bill, he said using the programs as incen- 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 and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kate Heltzel, Ami Johnson, Jon Taylor; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available by calling the 24-Hour Request Line at 402-471-2877. Subscriptions are available by calling 402-471-2271 or visiting Room 2108 in the State Capitol. For status of bills and resolutions, visit NebraskaLegislature.gov/bills or call the Legislative Hotline (during session) at 402-471-2709 or 800-742-7456. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 103RD LEGISLATURE February 10 - 13, 2014 Priority designation proposed for low-performing schools (continued from front page) plan for the school district to maintain accreditation. The State Board of Education would annually review progress plans and suggest any modifications. If a school is designated as a priority school for five consecutive years, the board would be required to reevaluate the progress plan. Sullivan said the current education system is good, but far from perfect. “I know we have shortcomings, but we need to address them in a collec- tive manner,” she said. “We often talk about the value of the resources we have in the state. Our most valuable resource is the human capital and the young people we have.” Scottsbluff Sen. John Harms sup- ported the bill, saying that investment in education, including early child- hood education, is paramount. “So many children come into our school systems with deficiencies,” he said. “If we don’t start to place dollars From left: Sens. Greg Adams, Al Davis and Tom Carlson discuss LB438. into early childhood education, many tervening in a couple of districts, but there are 90 to 150 of those children are starting five years behind.” schools that warrant our attention right now,” he said. Omaha Sen. Scott Lautenbaugh supported increased “This is meant to bring accountability, but what happens accountability but questioned whether the bill went far on the back end if they don’t perform?” enough. Following the adoption of a technical amendment, sena- “This bill will create the potentiality of the state in- tors voted to advance the bill to select file on a 35-0 vote. g U.S. Congress contact information Senator Mike Johanns Congressman Jeff Fortenberry Congressman Adrian Smith United States Senate (District 1) (District 3) 404 Russell Senate Office Building 1514 Longworth House Office Building 2241 Rayburn House Office Building Washington D.C. 20510 Washington, D.C. 20515 Washington, D.C. 20515 Tel. (202) 224-4224 Tel. (202) 225-4806 Tel. (202) 225-6435 Senator Deb Fischer Congressman Lee Terry United States Senate (District 2) 825 Hart Senate Office Building 2266 Rayburn House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Tel. (202) 224-6551 Tel. (202) 225-4155 103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 10 - 13, 2014 make choices for their families. LB891, intro- “I think it definitely should be duced by Fuller- labeled because there is enough of a ton Sen. Annette concern,” Rauner said. Dubas, would ap- April Segura also testified in sup- propriate funds BPA regulation proposed port, saying research shows that BPA to pay the state’s The Agriculture Committee heard creates a number of negative effects past due and cur- testimony Feb. 11 on a bill that would on fetuses and newborns. rent membership Sen. Annette Dubas regulate Bisphenol A – commonly “Consumers should know if prod- dues to the Midwest Passenger Rail called BPA – in Nebraska. ucts are made with this harmful Compact. LB696, intro- chemical,” Seguara said. “Not all of Dubas said Nebraska has not paid duced by Malcolm the effects of BPA are known but why its annual $15,000 dues since 2009 Sen. Ken Haar, should we have our children be the but legally remains a member of the would prohibit the lab rats?” compact.