UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 15 / April 12 - 15, 2021 State budget amended, Pretrial DUI sobriety program advanced with prison clears first round funding compromise ndividuals awaiting trial for driv- ing under the influence of alcohol Iand other drugs could enroll in an alternative diversion program under a bill advanced from general file April 12. LB271, sponsored by Lincoln Sen. Adam Morfeld, would authorize coun- ty-level 24/7 sobriety programs created by the sheriff or a designated entity. Morfeld said evidence from states that have implemented similar pro- grams shows increased rates of sobri- ety among participants and reduced incidents of alcohol-related traffic accidents and domestic violence. “Research has shown these pro- grams are more effective at reducing recidivism of drug and alcohol related Sen. John Stinner supported freeing up $15 million for programming alternatives from funds offenses than traditional monitoring sequestered in the budget for possible prison construction. methods,” Morfeld said. “Seeing the ollowing discussion of several Legislature to appropriate for a new same facility staff twice daily gives a proposed changes, lawmakers state prison should one be deemed unique sense of accountability that is Fgave second-round approval necessary in the future. often lacking with just an [ignition] April 13 to the state’s $9.7 billion During select file debate, Lin- interlock device or suspended license.” budget package. The state budget is coln Sen. Anna Wishart offered an Under the bill, a person awaiting structured on a two-year basis, with amendment, adopted 34-1, to reduce trial for driving under the influence the budget enacted during legislative the NCCF funding to $100 million. could join a voluntary 24/7 sobriety sessions held in odd-numbered years. The other $15 million of the original program as a condition of bail and A compromise regarding provisions amount instead would be placed into submit to twice-daily sobriety testing to fund the study of a new state prison a newly created Prison Overcrowding or use of a continuous alcohol moni- was amended into two bills included Contingency Fund. toring device. Participants would agree in the budget package. In addition, the amendment would not to consume alcohol or any drug LB380, introduced by Speaker provide $200,000 to contract with not prescribed by a physician while Mike Hilgers on behalf of the gov- the University of Nebraska to study enrolled in the program. ernor, is the mainline budget bill. inmate classification within the state An individual who violates a pro- Senators approved an amendment Department of Correctional Services. gram’s terms would face immediate during general file debate to appropri- “This also funds [that study] so we sanctions as established in their par- ate $115 million in general funds to are prepared next year to roll up our ticipation agreement. A sixth violation the Nebraska Capital Construction sleeves and address prison overcrowd- would result in immediate expulsion Fund, which would be available for the (continued page 3) (continued page 2) INSIDE: Student journalist free speech bill stalls • Behavioral telehealth services expanded April 12 - 15, 2021 Pretrial DUI sobriety program clears first round (continued from front page) from the program and exclusion from further participation. LB271 also would authorize a spe- cial motor vehicle operating permit for individuals enrolled in a 24/7 sobriety program. The permit would be subject to court approval, a $45 issuance fee and at least 30 consecutive days in the program without sanction. An individual with a 24/7 sobriety permit who is found to be driving under the influence or who refuses a chemical test would be guilty of a Class IV felony, punishable by up to two years imprisonment with 12 months post-release supervision, a $10,000 fine or both. Sen. Adam Morfeld (right) talks with colleagues April 12 about his proposed alternative to pretrial incarceration for individuals charged with DUI. Morfeld said Lancaster County has agreed to fund the estimated $100,000 revocation of their license or are under said. programming cost required by the a required no-driving period. Sen. John Cavanaugh of Omaha state Department of Motor Vehicles Lincoln Sen. Matt Hansen spoke also supported LB271, but expressed to issue 24/7 sobriety permits. in support of the bill. He said the pro- concern that a violation of program par- He introduced an amendment gram holds participants to a stricter ticipation could result in a felony charge that would limit permit eligibility to standard than using a breath analysis when an individual’s original charge individuals whose operator’s license tool in their cars. may have been only a misdemeanor. has been revoked related to the current “The 24/7 program is designed to Following the 38-2 adoption of pending offense. An individual would make people remain sober, whereas an the Morfeld amendment, senators not be eligible if they are subject to a Interlock device is designed to make voted 34-3 to advance the bill to select different suspension, cancellation or people stop driving drunk,” Hansen file. n 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: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; 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. 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 • 107TH LEGISLATURE April 12 - 15, 2021 Budget advanced with prison funding compromise (continued from front page) ing reform,” Wishart said. appropriated to the Business Innova- for future public health emergencies. The Prison Overcrowding Contin- tion Act be used for the small business “This proposal was brought be- gency Fund was created by an amend- investment program. cause CARES Act funding is one-time ment brought by Omaha Sen. Justin Also adopted was an amendment funding,” Vargas said. “Public health Wayne to LB384, another component from La Vista Sen. John Arch meant infrastructure is critical to ensuring of the budget package. The amend- to ensure parity in child welfare pro- that the next time something happens ment states legislative intent that vider rates across the state. The budget — and not just a pandemic or a virus dollars transferred to the fund remain package provides for a 2 percent rate — that our public health departments sequestered until used by the Legisla- increase per year over the next two are [responding] and are prepared to ture to address prison overcrowding. fiscal years. do so.” Omaha Sen. Steve Lathrop sup- The Arch amendment states the The Groene amendment failed on ported the Wayne amendment. In intent of the Legislature that Saint a 10-23 vote. An amendment offered combination with the Wishart amend- Francis Ministries provide that same by Omaha Sen. Machaela Cavanaugh ment, he said, it would allow the state increase to providers in the eastern to fully fund the state’s developmental to partner with UNO to find smarter service area out of their existing disabilities wait list over a three-year ways to use state resources to ensure contract funds. The amendment was period also failed 15-20. that inmates can obtain needed pro- adopted 41-0. Following adoption of a techni- graming in a timely manner while An attempt by Groene to strike an cal amendment, senators advanced maintaining public safety. increase in funding to the state’s public LB380 to final reading by voice vote. “This amendment demonstrates health departments was not adopted. Other components of the budget our commitment to a solution that The provisions originally were part of package also were given second-round is not just building more beds and LB585, sponsored approval. building a new prison,” Lathrop said. by Omaha Sen. LB379, advanced 42-0, would make Sen. Mike Groene of North Platte Tony Vargas, and adjustments to funding for state opera- expressed concern that the amend- would appropri- tions, aid and construction programs ment wouldn’t solve the overcrowding ate $1.5 million in in the current fiscal year ending June problem. He said a similar study done fiscal year 2021-22 30, 2021. LB381, advanced 45-0, several years ago — and the legislation and $3 million in would provide for the $12,000 an- that resulted from it — had the same FY2022-23 to local Sen. Tony Vargas nual salaries of Nebraska’s 49 state goal but failed. public health departments. senators. He said the main result of that Groene said those departments Advanced to final reading by voice attempt at prison reform was to “fill” are funded adequately and that law- vote were: county jails by pushing inmates down makers should wait until all federal • LB382, which would fund sala- from the state level to the county level.