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RESEARCH PAPER
A BETTER PRISON: A REVIEW OF NEBRASKA’S DEPARTMENT OF CORRECTIONS.
By
Student/Group:
Address:
Phone;
E-Mail:
Ima A. Student
3777 Fort Street
Omaha, NE 68103
(402) 457-2583
[email protected]
Instructor:
Class:
Rose S. Hunte-Roberson
SOCI 1010 #?
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A better prison: A review of Nebraska’s
Abstract
(An abstract is a condensed version of the information contained in a research paper or thesis and precedes the
Table of Contents. It is only one page long and one paragraph. It begins with your research question. It then
states your hypothesis, which is followed by a brief history of the problem/issue. The abstract should state what
you will introduce and discuss in your paper. Your abstract should contain how your paper will conclude and is
always double-spaced.)
The United States of America is a nation of prisons. Penal policies have undergone numerous
transformations since the writing of the Constitution after the creation of the American
government. The ideologies of the penal system have changed from retribution to rehabilitation
and are now returning to its prior philosophy of retribution. Experts in the field of criminal
justice and corrections are locked in debate on how best to reform the system so that it serves not
only the society, to which it is responsible, but also the prisoners who are entrusted to its care.
The central theme in most of the debates center around two factors, the good of the society
versus the rights of the prisoner. Therefore, it is imperative that these two factors are always
taken into consideration when discussing the reform of America’s penal system. The State of
Nebraska shares the burden of every other state in the U. S., how to best serve and protect its
citizens while providing justice through incarceration. As in all circumstances, there appears
room for improvement. This paper will introduce a history of the Nebraska Department of
Corrections. It will discuss its prison structure and governing statutes, its special prison
populations and racial statistics. Additionally, it will discuss Nebraska’s death row procedures in
comparison to Florida. The discussion will review Nebraska’s good time and parole procedures
and identify problem areas within the above-mentioned areas. In conclusion, the paper will
discuss a possible solution with supporting and dissenting views from peer reviewed research on
the subject and demonstrate the need for future research in the science of criminal justice and
corrections. The conclusion additionally will define the issue according to the three sociological
perspectives of Symbolic Interaction, Functionalism, and Conflict Theory.
A better prison: A review of Nebraska’s
Table of Contents
Table of Contents
3
Introduction: A History of the Nebraska Department of Corrections
4
Prison structure and governing statutes
6
Special prison populations and governing statutes
10
Racial statistics
22
Death row and execution procedures and governing statutes
26
Identification of problem areas
32
Conclusion and Sociological Perspectives
34
(The Table of Contents (TOC) lists the various parts of your paper. The abstract is not listed in
the TOC because it is not a part of the paper. The abstract does not contain citations and is the
author’s statement of what the paper contains.)
A better prison: A review of Nebraska’s
Introduction
A History of the Nebraska Department of Corrections
The Nebraska Department of Corrections was developed through the actions of the state
legislature. On March 3, 1870, a joint resolution of the legislature created a joint committee to
draft a bill that would provide for the immediate concentration, care, and keeping of state
convicts. (Nebraska Department of Corrections). The Department of Correctional Services is
organized in the following manner. At the head of the organization is the State of Nebraska,
which oversees the entire institution. The Director of the Department of Correctional Services
reports to the state. Under the director, there are five divisions, Medical administration, legal,
administrative services, institutions, and program and community services. (Nebraska
Department of Corrections) The medical administration is responsible for medical delivery
services, the behavioral health administrator, and health services. Substance abuse, mental
health, and psychiatric services are the responsibility of the behavioral health administrator.
(Nebraska Department of Corrections) The legal division includes the legislative liaison and the
division of planning, research, and accreditation. The planning, research, and accreditation
division is responsible for management information services, and the criminal intelligence and
drug database. (Nebraska Department of Corrections) Administrative services hold the
responsibility of the accommodations director, finance and accounting, budget, engineering,
Cornhusker State Industries, human resources, information systems, procurement, and special
services. Cornhusker State Industries is responsible for the manufacturing and marketing of a
variety of products and services produced by the inmates within the institutions. These products,
by statute, are limited to Nebraska State agencies; county and local governments, including the
sheriffs and police department; political subdivisions, public schools and colleges; non-profit
A better prison: A review of Nebraska’s
organizations; and Private Venture Associates. (Nebraska Department of Corrections) The
budget division maintains organizational development and staff training and development.
Engineering oversees safety and sanitation; and procurement oversees clothing issues and the
central warehouse. (Nebraska Department of Corrections) The division of institutions is
responsible for emergency preparedness, the diagnostic and evaluation center, the Lincoln
Correctional Center, the Nebraska Correctional Center for Women, The Nebraska Correctional
Youth Facility, the Nebraska State Penitentiary, the Omaha Correctional Center, The Tecumseh
State Correctional Institution, investigation, leisure time activities, translation services, drug
interdiction, and religious services. (Nebraska Department of Corrections) The final division,
programs and community services oversees central records, the Community Corrections Center –
Lincoln, the Community Corrections Center – Omaha, the work ethic camp, parole
administration, and programs. The programs division is responsible for classification, corrections
compact, education, libraries, volunteers, the victim assistance program, and religion, which is a
dually supervised with the division of institutions. (Nebraska Department of Corrections).
The Nebraska Department of Corrections proudly announces on their website that they
employ over 700 women. Three hundred and thirty are employed as facility administrators,
custody unit management personnel, and the division of parole. One hundred and seven are in
mental health, health services, and substance abuse services. Finally, two hundred and seventy
two women are employed in administrative and administrative support positions. (Nebraska
Department of Corrections)
The Nebraska Department of Corrections provides in its fiscal report, its vision points.
They state a vision for staff development and personal mastery, which is to recruit and retain at
all levels a diverse workforce. They state a healing environment in which inmates are paramount
A better prison: A review of Nebraska’s
and can obtain skills, educational tools, and treatment. They believe in credibility, a seamless
criminal justice system, community awareness and involvement, best practices, fiscal
accountability, offender accountability, family involvement, commitment to staff, and offender
programs. (Nebraska Department of Corrections)
Legislative governance of the Nebraska Department of Corrections
The authority of the state in operating and maintaining the institutions of the Nebraska
Department of Corrections is provided by the state legislature, and which has the authority for
oversight and governance of that entire system. The authority is located at the state’s unicameral
website and the rules regarding the operation of the correctional centers in the state are
determined by the Nebraska legislature. Article IV-19 of the Authority states that the general
management, control, and government of all state charitable, mental, reformatory, and penal
institutions shall be vested as determined by the Legislature. (Nebraska Legislature) The
authority of the Nebraska Department of Corrections is found in Section 83-171 of the Nebraska
Legislature. It states, Section 83-171 of the Authority provides the creation and duties of the
Nebraska Department of Corrections. The Department of Correctional Services will 1) maintain
and administer the facilities required for the control, custody, treatment, and rehabilitation of
those committed to the department and for the safekeeping of others that may be remanded to the
department in accordance with the law; 2) supervise people committed to the department on
parole and administer parole services in the facilities and in the community; and 3) develop
policies and programs for the correctional treatment and rehabilitation of those committed to the
department. (Nebraska Legislature)
The Nebraska Department of Corrections was developed through the actions of the state
legislature and the Governor of the state appoints and fixes the salary of the Director of the
A better prison: A review of Nebraska’s
Department of Corrections. (Nebraska Legislature) As noted previously, the Director is
responsible for all divisions of the institution.
Prison Structure and Governing Statutes
Number of prisons and security levels
The Nebraska Department of Correctional Services (NDOC) has 11 institutions housing
over 4,000 inmates. All male inmates enter the system through the Diagnostic and Evaluation
Center. They are evaluated and then assigned to other facilities. The Nebraska Correctional
Center for Women deals with all female inmates entering into the system. Nebraska is one of
nine states nationwide that has all adult facilities accredited through the American Correctional
Association. (Nebraska Department of Corrections) The institutions are as follows:
1.
The Community Corrections Center – Lincoln (CCC-L) has a custody type listed
as community, Levels A and B. The types of inmates housed at this facility are classified as long
and short term, displaying appropriate institutional behavior, lower risk, males and females. It
has a capacity of 200 inmates.
2.
The Community Corrections Center – Omaha (CCC-O) has the same custody type
and type of inmates as Lincoln with a capacity for 90 inmates, however, it is located in the city
of Omaha.
3.
The Diagnostic and Evaluation Center (DEC) is a maximum-security facility used
as central receiving for all male commitments, re-admissions, evaluators and county safe-keepers
(individuals held in custody for a variety of reasons related to safety ). It has the capacity to
house 190 inmates.
4.
The Lincoln Correctional Center (LCC) is a maximum medium facility that
houses inmates who are younger, multiple or first incarceration, long-term violent inmates. It
A better prison: A review of Nebraska’s
provides permanent housing for inpatient special needs inmates, Protective Custody inmates and
Administrative Confinement inmates who are male. It has a capacity for 308 inmates.
5.
The Nebraska Correctional Center for Women (NCCW) is a maximum, medium
and minimum facility that houses inmates who are central receiving with permanent assignment
for all female commitments, re-admissions, evaluators and Safekeepers. It has a capacity for 139
inmates.
6.
The Nebraska Correctional Treatment Center (NCTC) is a minimum security
facility that houses inmates who are documented with severe substance abuse; have no chronic
violence or sexual offenses; are not on psychotropic medications; and are within 3 years of
release and are houses only males. It has a capacity for 90 inmates.
7.
The Nebraska Correctional Youth Facility (NCYC) is a maximum, medium, and
minimum facility that houses males that are 21 years or younger and are sentenced as adults. It
has a capacity for 68 inmates.
8.
The Nebraska State Penitentiary (NSP) is a maximum, medium, and minimum
facility that houses older, multiple, long term violent inmates. It also houses Administrative
Confinement and Protective Custody inmates, all of whom are male. This facility is the location
of the electric chair used for executions. It has a capacity for 718 inmates.
9.
The Omaha Correctional Center (OCC) is a medium and minimum facility that
houses inmates who have long and short-term sentences. It is also a temporary holding institution
for re-admissions, parole violators and community violators, and Protective Custody inmates, all
of whom are male. It has a capacity for 396 inmates.
10.
The Tecumseh State Correctional Institution (TSCI) is a maximum medium
facility that houses inmates classified as long-term, multiple offense adult males. It provides
A better prison: A review of Nebraska’s
segregation and general population placements. It is the facility for the permanent housing for
Death Row and Intensive Management inmates. This facility established the following programs
for its charges. They are Educational/life skills and vocational programs; self-improvement
programs such as substance abuse treatment, religious programming, mental health and selfbetterment activities; and support services. It has a capacity for 960 inmates.
11.
The Work Ethic Camp (WEC) located in McCook, NE is designed for intensive
supervision probationers, who have been ordered to complete the WEC program as a condition
of their probation. There are no age limits for participation in the Work Ethic Camp; however,
the offender must present a history of non-violent behavior and be physically and mentally fit to
participate in the facility's programs, with reasonable accommodations. It is a 100-bed coed
facility.
Inmate population
The Nebraska Department of Corrections classifies its inmates according to gender. The
total average monthly population for 2005 was 4,086, which does not include the work ethic
camp, parole, and the holding center. Factoring in these three ancillary units brings the average
monthly population for the same year to 5,010. (Nebraska Department of Corrections) The
cumulative number of women in custody is 409 with the average age being between 22 to 49
years. The majority of the women are incarcerated for drug offenses. Three hundred and seven of
the total numbers that are incarcerated are first time offenders and only 26 of the multiple
offenders have been paroled in the past. (Nebraska Department of Corrections) The average
length of stay is six to 24 months and a majority of the women are single. (Nebraska Department
of Corrections)
A better prison: A review of Nebraska’s
The cumulative number of men incarcerated total 3,808, with the average age being 22 to
49 years. The majority are housed at the Nebraska State Penitentiary located in Lincoln,
Nebraska. (Nebraska Department of Corrections) The majority of males are incarcerated because
of drugs with sex offenses being the second largest reason for incarceration. (Nebraska
Department of Corrections) The majority of the males are first time offenders and three thousand
five hundred and twenty have no previous history of parole. (Nebraska Department of
Corrections) The average length of stay is 45.6 months and as with the women, the majority of
the men are single. (Nebraska Department of Corrections)
Inmate to correction officers’ ratio
This author placed a call to the Nebraska Department of Corrections for the information
regarding the inmate to corrections officers’ ratio. To this date, there has been no response to the
inquiry. Interestingly, the Nebraska Department of Corrections compiles a comprehensive annual
report that it provides to the state and posts on their website. However, this particular
information is not part of the report. Additionally, there appears to be little information in the
literature on this subject. Existing literature briefly discuss inmate-correction officer conflicts
and issues of control of prisoners in the case of an emergency. Tewksbury and Mustaine (2005)
discussed the limited availability of literature regarding prison correctional staff (p. 175). They
conducted a study on the attitudes of correctional staff regarding the provision of prison
amenities and the views this may have on the relationship and characteristics of correctional staff
(p. 175). They noted that to disregard the perceptions, values, beliefs, and attitudes of
correctional staff is to ignore the most important population regarding correctional practices (p.
175). However, since the Tewksbury and Mustaine study does not discuss the central point of
A better prison: A review of Nebraska’s
this part of the paper, prisoner to correctional officer ratio, their discussion will serve other parts
of this paper.
Special Prison Populations and Governing Statutes
Female inmates
As previously mentioned, the Nebraska Department of Corrections has 409 women
incarcerated with the majority of offenses being drug related. Women that are not on parole or
pat of the work ethics program are housed at the Nebraska Correctional Center for Women
located in York, Nebraska and it is the only secure correctional facility for adult women in the
state. The facility has an average of 254 inmates and houses all classification levels of inmates
except those in community A and B. (Nebraska Department of Corrections) p. 29). According to
the Nebraska Department of Corrections, up to 80% of the women in this facility have selfreported drug abuse problems or involvement in domestic violence as adults or as children.
(Nebraska Department of Corrections) Rather than simply addressing the issues, the staff at the
facility attempt to focus on the roots of the problem through education and training that
encourages personal responsibility and foster self-reliance. (Nebraska Department of
Corrections)
The Nebraska Correctional Center for Women began operation in May of 1920 through
an act of the State Legislature that established the State Reformatory for Women. (Nebraska
Department of Corrections) The facility has its own diagnostic and evaluation center, which
allows the women time to adjust to the center and learn about its programs, rules, and
regulations. (Nebraska Department of Corrections) Statute 47-111 of the Nebraska Legislature
provides that in every county jail where there is a female prisoner, a matron will provide twentyfour-hour supervision. The matron is appointed by the county board; whose duty it shall be to
A better prison: A review of Nebraska’s
have entire charge of the female prisoners, and they can appoint a matron when there is a sick
prisoner or minor under the age of sixteen. (Nebraska State Legislature) Statute 83-4,143
specifically states that women are suitable for intensive supervision probation with placement at
an incarceration work camp. (Nebraska Legislature) The two statutes are the only ones specific
to women as it regards criminality. Other than these two specific statutes, women are held to the
same statutory standards as men and are therefore under the auspices of the Department of
Corrections. There are five programs provided for women at the center. The parenting program
began in 1974 and was the first of its kind in the United States. Not only does it provide
overnight visits for children but also allows children between the ages of one and six years of age
to spend up to five nights a month with their mothers and newborns through the age of sixteen
can have on-grounds day visits with their mothers in the program area. (Nebraska Department of
Corrections) In 1994, the Parenting Program expanded to include a second nursery program that
was modeled after the nursery in the Bedford Hills Correctional Center, New York. Pregnant
inmates that meet all of the criteria are admitted to the program and are allowed to have their
infants on facility grounds with the goal eventually having the inmate mother and baby leave the
center together by the time the baby is 18 months of age. The Parenting Program includes many
classes and workshops on parenting skills, prenatal care, child development, child health and
safety, and improving relationships. Moses (1995) noted that such programs, as the one
mentioned above, are important in continuing the mother-child bond and such programs fill a
need for positive communication during a period of separation between the mother and her
children (p. 6). In light of this, it appears that the Nebraska Department of Corrections is
attempting to ensure that mothers and their children maintain a close relationship, especially
during this stressful period. Moses (1995) discussed the Girl Scouts programs, which only
A better prison: A review of Nebraska’s
worked with mothers and daughters. The Nebraska Department of Corrections allows for a
continued relationship, not just between the mothers and daughters, but all the children.
The substance abuse program is designed as a rehabilitative program that encourages
inmates to accept personal responsibility for their substance abuse issues and change their
criminal thinking patterns. (Nebraska Department of Corrections) The mental health programs
are separate from the substance abuse program and provide the same services that can be
obtained at the other facilities. This will be elaborated on further in the psychiatric section of this
paper. Programs that are available specifically to the Nebraska Correctional Center for Women
are Self-Talk and Restructuring tools or (START), regular group activities, a domestic violence
group, stress and anger management group, a sexual assault survivors group, and a Control Unit
Program specifically designed for women that are in a more strictly controlled environment than
the general population. (Nebraska Department of Corrections) The Road Detail Crew program
allows a selected group of minimum custody inmates to work outside the facility as part of a
work crew assigned to the Nebraska Department of Roads in the York area. They are under
direct supervision and their jobs are to clean and maintain the rest areas, repair road surfaces,
operate power tools, and perform additional specialized duties as needed. (Nebraska Department
of Corrections) The final program is employment through the Cornhusker Prison Industries. As
mentioned previously, Cornhusker Industries employs inmates who manufacture a diverse
number of products that are then sold to government, non-profit, and other partner organizations
(Nebraska Department of Corrections). This provides the inmates with an opportunity to gain
valuable work skills in data entry, and the manufacture of clothes, bedding, and other fabric
items. (Nebraska Department of Corrections)
A better prison: A review of Nebraska’s
Protective custody
The Nebraska Unicameral website lists several statutes pertaining to protective custody. Section
53-1,121 states that if placement in an institution that normally cares for an incapacitated person
is unable to meet that responsibility, then the arresting officer may place the individual in civil
protective custody as long as is necessary to preserve life or prevent injury. (Nebraska
Legislature) The placement of the individual in civil protective custody is in a jail or facility,
their families are notified, and is they are not considered to be under arrest, therefore, no entry or
other record can be made indicating the person has been arrested or charged with a crime.
(Nebraska Legislature) Section 71-919 allows for the protective custody of a mentally ill person
and law enforcement has limited custody and can only hold the person until a responsible party
arrives. (Nebraska Legislature) Section 71-945 provides the individual with the right to counsel
under the Nebraska Mental Health Commitment Act. (Nebraska Legislature) The Nebraska
Statutes entries on protective custody refer most to issues dealing with mental illness. Protective
custody charges are held in the Omaha Correctional Center (Nebraska Department of
Corrections) until proper disposition of the individual is made according to the state statutes.
Psychiatric
The two statutes referenced by the Nebraska Department of Corrections pertaining to
mental health are 71-8403 and 48-120. (Nebraska Department of Corrections) Section 71-8403
deals with the acquisition of mental health and medical records and 48-120 discusses at length
physician liability and medical compensation. (Nebraska Legislature)
The Eighth Amendment’s wording regarding cruel and unusual punishment allows for
the provision of competent mental health care to all inmates. Branham (2005) noted that the way
an inmate is treated could violate the Eighth Amendment (p. 347). Each correctional institution
A better prison: A review of Nebraska’s
in the State of Nebraska ensures that there are appropriate facilities and qualified mental health
professions to meet the needs of the inmates. (Nebraska Department of Corrections) Branham
(2005) cited three Supreme Court cases that demonstrated the importance of providing adequate
health care to inmates. She noted that Bass v. Wallenstein (1985) decided that inmates have a
right to prompt medical care; Wellman v. Faulkner (1983) decided that prison medical personnel
are expected to be able to communicate with their patients and have adequate supplies for their
care; and Madrid v. Gomez (1995) decided that prison medical units should be staffed adequately
to assure prompt medical treatment (p. 351). When the needs of a psychiatric inmate exceed the
ability of the institution, the Department of Corrections provides for the referral and admission of
the inmate to a licensed mental health facility. (Nebraska Department of Corrections) Failure of
the Department of Corrections to act on the medical needs of an inmate can trigger liability under
the Eighth Amendment. Branham (2005) noted that a mental affliction might constitute a serious
medical need that in conjunction with deliberate indifference can lead to liability under the
Eighth Amendment (p. 352).
The Nebraska Department of Corrections allow for informed consent. They note that
when mental health care is provided against the will of an inmate, it is done in accordance with
state and federal laws and regulations. (Nebraska Department of Corrections) The department
also notes that all encounters, interviews, examinations, and procedures are conducted in a
setting that respects the inmate’s privacy. (Nebraska Department of Corrections) If during the
initial screening, it is determined that an inmate was receiving psychotropic medication, the
inmate must sign a release of information so that prior records may be accessed. However,
attorneys representing the Department of Corrections in litigation cases may access an inmate’s
mental health records without prior consent. (Nebraska Department of Corrections) Section 83-
A better prison: A review of Nebraska’s
4,162 of the Nebraska Statutes provides the protocols for the dispensation of medication to
inmates. The statute states that it is the responsibility of the medical director to develop and
implement medical treatment protocols, which includes determining the number and dosages of
drugs that are provided to inmates. (Nebraska Legislature) The Nebraska Department of
Corrections provides specific guidelines for the involuntary provision of psychotropic
medications to inmates. This is an action legitimized by the Supreme Court in Washington v.
Harper (1990), in which it was observed that prison policies governing the involuntary
administration of antipsychotic drugs is constitutional if it is reasonably related to legitimate
penological interests (Branham, 2005, p. 355-356). When psychotropic drugs need to be
administered to an inmate, the following guidelines apply according to the applicable laws and
regulations of the jurisdiction. A physician must authorize the duration of the treatment, less
restrictive interventions were exercised without success, specific details as to how, where, when,
and why the medication is being administered must be listed, continued monitoring for adverse
reactions and side effects, and the preparation for less restrictive treatment plans and goals must
be completed. (Nebraska Department of Corrections) The Nebraska Department of Corrections
referenced Jones v. Vitek (1980) and Journey v. Vitek (1981) in developing the standards for
dealing with psychiatric inmates who are regulated under Special Needs Inmates. (Nebraska
Department of Corrections)
Elderly and infirm including HIV and the governing statutes
The Nebraska Department of Corrections collate the age of inmates on gender and
classification. Of the 409 female inmates, 20 are 50 years of age and older. Specifically, 14 are
between the ages of 50 and 55, 4 are between 56 and 59, and 1 is in the 60 and older category.
(Nebraska Department of Corrections) Regarding the male population, 398 of the 3,808 males
A better prison: A review of Nebraska’s
incarcerated are 50 and older. Specifically, 201 are between the ages of 50 and 55, 113 are
between the ages of 56 and 60, and 84 are 60 years of age or older. (Nebraska Department of
Corrections) The accuracy of the age statistics can be accepted as valid because according to
Steffensmeier and Harer (1993), the age of an offender is not known until arrest (p. 5). The
Nebraska Department of Corrections does not make any special provisions for elderly inmates.
These inmates are considered part of the general population of inmates and are provided special
services only if special circumstances exist. The special conditions are noted as mental or
emotional illness, mental retardation or developmental disability, physical handicap or infirmity,
and substance abuse. (Nebraska Department of Corrections)
The Americans with Disability Act (ADA) was signed into law by President George
Bush on January 26, 1992 and is a comprehensive civil rights law designed to allow people with
disabilities to participate fully in society. (Adelman, 2001, p. 24) The Nebraska Department of
Corrections subscribes to a policy of non-discrimination towards people with disabilities in all
elements of its correctional environment. (Nebraska Department of Corrections) The Department
of Justice regulations require that all public agencies, including prisons, comply with ADA
policies and practices obligating them to make changes in policy, operations, and architectural
design so that the facilities are accessible to employees, inmates, and visitors with disabilities.
(Adelman, 2001, p. 24) According to Adelman, in the Supreme Court case of Pennsylvania
Department of Corrections (DOC) v. Yeskey, in a unanimous decision, the court ruled that the
ADA applies to inmates (p. 26). The Jail Standards Board, according to Section 47-01 of the
Nebraska State Statutes is responsible for the regulations and the rules in the classification of
prisoners concerning sex, age, crime, and people with physical or mental disabilities. In
compliance, the Nebraska Department of Corrections has appointed an ADA Coordinator to
A better prison: A review of Nebraska’s
ensure that all facilities and programs comply with the ADA. (Nebraska Department of
Corrections)
The Nebraska Department of Corrections has a firm policy on providing a safe
environment for its staff, inmates, and visitors by ensuring that all appropriate and necessary
precautions are taken to prevent and control the transmission of infectious diseases within the
department. (Nebraska Department of Corrections) Schady, Miller, and Klein (2005) noted that
high rates of sexually transmitted diseases among inmates demand a comprehensive continuum
of prevention, treatment, and supportive services to reduce the adverse health outcomes and
psychosocial effects of incarceration (p. 554). The Nebraska Department of Corrections has
procedures for the identification, surveillance, immunization, treatment, and isolation, when
necessary, of people with HIV. (Nebraska Department of Corrections) All inmates are tested for
HIV upon entering the institution unless there is documentation of a previously positive test
result and all positive tests are confirmed by an outside laboratory. (Nebraska Department of
Corrections) Inmates receive counseling for infectious diseases and education as part of their
substance abuse treatment. The Nebraska Department of Corrections recognizes that inmates
have the right to privacy and human dignity, therefore, special care is given to maintain the
confidentiality of inmates diagnosed with an infectious disease. (Nebraska Department of
Corrections) Lubelczyk, Friedmann, Lemon, Stein, and Gerstein (2002) have noted that limited
research suggests that prevention programs and substance abuse treatment during incarceration
may reduce high-risk behaviors, though many inmates in need of these services do not receive
them and studies of HIV intervention in correctional settings are few (p. 117-118). The Nebraska
Department of Corrections identifies high-risk behavior and has protocols for intervention, such
as administrative confinement, education, a mental health evaluation, and personal interviews
A better prison: A review of Nebraska’s
between the inmate and a health care professional. (Nebraska Department of Corrections) The
Nebraska Department of Corrections does not list the number of HIV related cases that are
incarcerated because the medical records and mental health records of the inmates are
confidential per the Nebraska Legislative Statutes mentioned earlier.
Sex offenders
The statistical summary of offense categories lists 5 women and 596 men incarcerated for
sex offenses. The Nebraska Department of Corrections, under statutory authority sections 294001 to 29-4013 mandates that all sex offenders register with law enforcement authorities after
release from confinement. Any inmate released to a community corrections center must use that
center as their address and failure to comply will result in being returned to regular confinement.
(Nebraska Department of Corrections)
Sex offender registration is currently a much-debated subject. Sex offender registration
and notification laws face several challenges under the constitution, including Equal Protection,
Double Jeopardy, Due Process, the Eighth Amendment, Ex Post Facto Clause, the Bill of
Attainder Clause, and the constitutional right to privacy and interstate travel. (Blair, 2004, p.
940) Logan (1999) noted that the Supreme Court demonstrated that the Due Process Clause is
not absolute in their decision of Kansas v. Hendricks (1997) in which they upheld Kansas in
involuntarily committing a sexual offender after release from prison (p. 1168). The State of
Nebraska does not have any laws regarding commitment after release from prison. However, as
noted above, the State does have a mandatory requirement for registration of anyone who has
been found guilty of sexual offenses. In response to Blair, Logan (1999) noted that most of the
challenges have usually met with defeat because it is deemed that such laws do not impose
punishment and with equal protection and the Fourth Amendment plea also exhausted, sex
A better prison: A review of Nebraska’s
offenders are now turning to procedural due process (p. 1170). Blair supported this by noting that
in 2003, the Supreme Court dealt with the issue of Connecticut’s sex offender registration and
notification scheme possibly violating the constitutional right to procedural due process of a
convicted sex offender (p. 940). Blair noted that they concluded that no such violation occurred
but they explicitly left open the possibility that these laws violated constitutional principles of
substantive due process (p. 940). Nebraska requires a sex offender, upon release by discharge or
parole, to receive written notification of their duty to register as a sex offender, which is
completed, signed, and witnessed and signed by an employee of the Department of Corrections.
Copies are made and distributed to the facility inmate file, the inmate, Sheriff of the county in
which the inmate will reside, and the Nebraska State Patrol. If the inmate will be residing in
another state, the Sheriff does not have to be notified. (Nebraska Department of Corrections) To
date, Nebraska has not had any challenges to its sex offender registration program. However, as
the population of the state continues to grow, it can be argued that this will become an issue in
the future.
Juveniles housed or sentenced to adult courts
Nebraska has many complex laws regarding the adjudication of juveniles. There have not
been any cases in Nebraska where a juvenile has been sentenced as an adult. In a personal
communication with Douglas County Juvenile Court Judge Elizabeth Crnkovich, she stated that
there are only two statutes that refer to the adjudication of juveniles. (E. Crnkovich, personal
communication, February 25, 2006) Statute 43-261 states that before a plea is entered, or in case
a felony is charged, at any time before or at the preliminary hearing, the court shall advise the
juvenile, who was a juvenile, at the time of the commission of the alleged act charged in any
court other than a juvenile court, that the juvenile may orally or in writing move the court in
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which the charge is pending to waive jurisdiction to the juvenile court for further proceedings
under the Nebraska Juvenile Code. (Nebraska Statute, Section 43-261) Statute 43-276 states that
when there is concurrent jurisdiction, or when the juvenile is under the age of sixteen years, the
county attorney shall, make the determination whether to file a criminal charge, file a juvenile
court petition, offer juvenile pretrial diversion, or offer mediation. (Nebraska Statute, 43-276) It
continued that the county attorney should make the following considerations:
1.
The type of treatment the juvenile would most likely be amenable to.
2.
Whether there is evidence that the alleged offense included violence or was committed in
an aggressive and premeditated manner.
3.
The motivation for the commission of the offense.
4.
The age of the juvenile and the ages and circumstances of any others involved in the
offense.
5.
The previous history of the juvenile, including whether he or she had been convicted of
any previous offenses or adjudicated in juvenile court, and, if so, whether such offenses
were crimes against the person or relating to property, and other previous history of
antisocial behavior, if any, including any patterns of physical violence.
6.
The sophistication and maturity of the juvenile as determined by consideration of his or
her home, school activities, emotional attitude and desire to be treated as an adult, pattern
of living, and whether he or she has had previous contact with law enforcement agencies
and courts and their nature.
7.
Whether there are facilities particularly available to the juvenile court for treatment and
rehabilitation of the juvenile.
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8.
Whether the best interests of the juvenile and the security of the public may require that
the juvenile continue in secure detention or under supervision for a period extending
beyond his or her minority and, if so, the available alternatives best suited to this purpose.
9.
Whether the victim agrees to participate in mediation.
10.
Whether there is a juvenile pretrial diversion program established pursuant to sections 43260.02 to 43-260.07
11.
Finally, such other matters as the county attorney deems relevant to his or her decision.
(Nebraska Statutes, 43-276)
The Nebraska county attorney has significant power in determining the future of juveniles
regarding their sentencing as adults and as number 11 stated, such other matters, as the county
attorney deems relevant in making their decision.
Maximum security
The Nebraska Department of Corrections uses six of its eleven correctional facilities for
maximum security inmates. They are the Diagnostic and Evaluation Center, which is used for all
male inmates entering the system and the only classification is maximum security. Inmates are
then moved from the center to the other facilities for permanent housing. The Lincoln
Correctional Center is used for long-term violent inmates and special needs inmates, including
protective custody. The Nebraska Correctional Center for Women is a maximum security facility
that serves only female inmates. The Nebraska Youth Correctional Facility houses all juvenile
inmates 21 years of age or younger and is a maximum security facility for juveniles. The
Nebraska State Penitentiary houses older, long-term violent inmates classified as maximum
security risks. The final institution for maximum security is the Tecumseh State Correctional
Institution and is used for long-term violent inmates in need of intensive management. (Nebraska
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Department of Corrections) Other than the facility, Nebraska does not provide special statutes for
prisoners deemed in need of maximum security. Special management inmates are those on death
row, assigned to disciplinary segregation, court imposed segregation, immediate segregation, and
administrative segregation. The inmates may appeal their classifications and request removal
from segregation and the decision is made by the Department of Corrections. (Nebraska
Department of Corrections)
Racial Statistics
Racial statistics of the entire system
The estimated population for the State of Nebraska is 1,711,263 individuals in relation to the US
estimated national census of 281,421,906 people. Caucasians comprise 89.6% of the state
population compared to the national average of 75.1percent. African Americans are 4.0% of the
state population compared to 12.3% of the national population. (Quick Facts Census Data –
Nebraska) Of the prison population for the State of Nebraska, there are 2,416 Caucasians or
59.6% of the overall incarcerated population compared to the national census of incarcerated
Caucasians, which is 672,635 or 48.3%. On the other hand, there are 986 African Americans
incarcerated in the State, which equates to 24.3% of the overall incarcerated population. This is
compared to the national prison census of 508,306 incarcerated African Americans or 36.5% of
the national census. (Nebraska Department of Corrections) African Americans are 4% of
Nebraska’s population but represent 24.3% of its incarcerated population.
Racial statistics of each prison
As previously mentioned, the Nebraska Correctional Center for Women has 409 inmates.
The racial categories are as follows: 1 Asian that is .02% of the facility population, 75 Blacks
that are 18.3% of the facility population, 15 Hispanics that are 3.7% of the facility population, 30
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Native Americans that are 7.3% of the facility population, 3 listed as other that are .7% of the
facility population, and 285 Whites that are 69.7% of the facility population. (Nebraska
Department of Corrections) The Department of Corrections does not list the racial categories of
the males for each facility but provides an overall racial breakdown of the entire inmate
population. The statistics are as follows: 20 Asians that are .5% of the total male inmate
population, 977 Blacks that are 25.7% of the total male inmate population, 442 Hispanics that are
11.6% of the total male inmate population, 155 Native Americans that are 4.1% of the total male
population, and 2,214 Whites that are 58.1% of the total male population. (Nebraska Department
of Corrections) This demonstrates a disparity in justice as it relates to minorities in the criminal
justice system of America.
This overrepresentation of minorities in prisons is not just a national trend but also an
international one. Mosher (1996) commented on a 1995 report commissioned in Ontario, Canada
(p. 415). He stated that racism was noted at virtually all levels of Ontario’s criminal justice
system and found that black males were more likely than Whites to be stopped by police and a
high percentage of blacks perceived that judges treated them worse than they treated whites (p.
415). This is consistent with research findings in the United States discussing disparate treatment
of minorities in the criminal justice system. The above-mentioned report was commissioned
because of the considerable attention placed on the disparate treatment of minorities in the
American criminal justice system. (Mosher, 1996, p. 413). According to Yates (1997) disparity
of minorities in the criminal justice, system cannot be explained by any one theory such as black
involvement in crime or racial discrimination (p. 1001). It is for this reason, he suggested an
integrated approach using economic, legal, and political aggregates to demonstrate a generalized
explanation of the phenomenon (p. 1001).
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Comparison of prison minority population to the percentage of the state’s population and the
governing statutes regarding treatment of minorities in the system
Nebraska’s total population is listed at 1,711,263 residents with 4% African
Americans and 89.6% Caucasians. (Nebraska Quickfacts Census) Its prison population is 24.3%
African American and 59.6% Caucasian. (Nebraska Department of Corrections) In comparison,
Yates (1997) published a study of state racial incarceration disparity ratios for the years 19901992. The study reviewed 49 states with Vermont being excluded for lack of statistical data.
Table 1 of the study noted that North Dakota had the lowest mean ratio for disparity at 2.50. In
comparison, Nebraska’s ratio was listed at 13.67. Even with differences in population density,
the above statistics demonstrate a disparate overrepresentation of African Americans in Nebraska
based on its African American population percentages. North Dakota as the state with the lowest
mean ratio has a population of 634,366 people. Its African American population comprises only
.6% of the population while whites are 92.4%. (North Dakota Quickfacts Census) With such a
small African American population, it is obvious why North Dakota would have the lowest mean
ratio for disparity. However, at a 2.50 mean ratio, there still appears to be an element of
overrepresentation.
Yates (1997) posited that the three major theoretical models used to explain black
disparity in the criminal justice system, normative/legalistic, racial-discrimination, and
Marxist/economic may need to include a fourth untested theory titled economic explanation (p.
1002-1003). He continued by noting that the economic explanation theory demonstrates that
blacks and other minorities are disproportionately incarcerated because of their lack of resources
and low socio-economic status (p. 1005). This is supported by Pager (2003), who in his audit
methodology study on the effect of criminal records and subsequent employment between black
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and white males, concluded that in terms of policy implications, the current trend of
incarceration of blacks may exacerbate the very conditions that lead to criminal behavior in the
first place, lack of finding quality steady employment (p. 961).
The State of Nebraska Department of Corrections maintains in their policy that the rights
of inmates provided through the Constitution and the State Statutes are granted to all inmates and
limitations exist only to the extent necessary to maintain facility order and security. (Nebraska
Department of Corrections) The Nebraska statutes do not provide any specific statutes as may
relate to the treatment of minorities in the State’s criminal justice system. The only reference to
discrimination on the Nebraska Department of Corrections is the policy on inmates rights, which
state that inmates have the right to be free from discrimination based on race, nationality, color,
creed, religion, sex, age, religious belief, or physical disability with regard to program access,
work assignments, and administrative decisions. (Nebraska Department of Corrections) This
policy demonstrates compliance with constitutional mandates. Branham (2005) noted that the
Supreme Court in Wolff v. McDonnell (1974) stated that there is no iron curtain drawn between
the Constitution and the prisons in this country (p. 213). It is safe to argue that those rights are
applied regardless of the race of the individual. Obviously, there are areas in criminal justice in
which justice is unequally applied. Dumuth (2003) noted that Black and Hispanic defendants are
more likely than White defendants to be denied bail, Hispanic defendants are less likely to
receive nonfinancial release options, the amount of bail required for release is higher for
Hispanic defendants, even though there was no difference noted in Black-White bail amounts,
and Hispanic and Black defendants are more likely than White defendants to be held on bail
because of an inability to post bail (p. 899). There is no evidence in the Nebraska statutes of any
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minority claims of discrimination since the 1980’s. This appears to be evidence of the state’s
compliance with Constitutional mandates.
Death Row and Execution Procedures and Governing Statutes
Death row inmates are classified as Special Management Inmates whose activities and
privileges have been suspended or limited. (Nebraska Department of Corrections) To minimize
controversy, Nebraska does not list its death row statistics on its Department of Corrections
website. The information provided for this report was received through a personal
communication with the Office of Congressman Lee Terry and the communiqué stated that the
information was not for public use. Currently, there are 10 inmates on death row in the state of
Nebraska. Six are Caucasian, three are Hispanic, and one is Black. Based on the overall prison
population, minorities on death row comprise .6%. The last execution took place in December of
1997 and was a male. The vital statistics of the executed individual was not provided. (K. Davis,
personal communication, February 10, 2006) Death row inmates are housed at the Tecumseh
State Correctional Institution located in Tecumseh, Nebraska. However, the death penalty is
administered at the Nebraska State Penitentiary in Lincoln, Nebraska. (Nebraska Department of
Corrections) The reason for this lengthy commute from death row to execution results from
Tecumseh being a maximum-security prison with intensive management and the Nebraska State
Penitentiary houses the electric chair, which is the instrument of execution. (Nebraska
Department of Corrections)
The Nebraska Legislative statutes clearly state that the death penalty, notwithstanding any other
provision of law, shall not be imposed upon anyone under the age of eighteen at the time of the
commission of the crime and notwithstanding any provision of law, be imposed upon anyone
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with mental retardation. (Nebraska Legislature) The statute went on to define mental retardation
as significantly sub-average general intellectual functioning existing concurrently with deficits in
adaptive behavior, an IQ at or below seventy as identified by a reliable IQ test that shall be
presumptive evidence of mental retardation. (Nebraska Legislature)
The Nebraska State Legislature, regarding the death penalty, finds that 1) life is the most
valuable possession a human being possesses and before taking it, the state should apply and
follow the most scrupulous standards of fairness and uniformity; 2) because of the enormity and
finality of the death penalty, it should never be imposed arbitrarily nor as a result of prejudice or
public hysteria; and 3) the death penalty is a statewide law, which will not result in one portion
of the state if it does not result in another portion of the state. (Nebraska Legislature)
Additionally, according to the statute, Nebraska employs a proportionality review under the
above section, which requires the Nebraska Supreme Court to review and analyze all criminal
homicides to ensure that each case produces a result similar to that arrived in other cases with the
same or similar circumstances. The Supreme Court’s review includes only those cases in which
the death penalty was imposed. (Nebraska Legislature)
Section 29-2525 of the statute states that no notice of appeal is required for the
commencement of proceedings for the reversing, vacating, or modifying of judgments in capital
punishment cases. (Nebraska Legislature) Additionally, the statute clearly stipulates that the
Supreme Court of Nebraska will expedite the rendering of its opinion on the appeal, giving the
matter priority over civil and non-capital criminal cases. (Nebraska Legislature) The State
Legislature stated emphatically that in all cases where the death penalty is imposed, the Nebraska
Supreme Court, after consideration of the appeal, will do one of three things; 1( order the
prisoner to be discharged; 2) set a new trial; or 3)appoint the day certain for the execution of the
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sentence. (Nebraska Legislature) Finally, regarding the mechanism of the death penalty in the
State of Nebraska, the State Legislature has established mandatory standards for the imposition
of the death penalty. First, the death penalty cannot be imposed if it fails to allow for mitigating
factors that may dictate against it; and secondly, the death penalty should only be imposed when
the aggravating circumstances in connection with the crime outweigh the mitigating
circumstances. (Nebraska Legislature)
The controversy surrounding the death penalty in America is its possible violation of the
Eighth Amendment, which states the excessive bail shall not be required, nor excessive fines be
imposed, nor cruel and unusual punishments inflicted. (The U.S. Constitution) However, two
landmark cases demonstrated the conflict even within the Supreme Court on the issue. Furman v.
Georgia (1972) struck down the death penalty because it was found to be arbitrarily imposed
based on findings of disproportionate sentencing by the juries leading to violation of the Eighth
and Fourteenth Amendments of the United States Constitution against cruel and unusual
punishment. However, in Gregg v. Georgia (1976), the US Supreme Court upheld the death
penalty because Georgia amended its statutes to address the violations cited in Furman v.
Georgia (1972).
Whitman (2001) asked how can it be determined if the will of the American people
supports having a death penalty (p. 519)? She continued by noting that if the will of the people is
to justify the death penalty then it is important that public opinion on this complicated issue is
assessed accurately (p. 519). Finkelstein (2002) answered the question by noting that the
fundamental assumption about the nature of punishment is that punishment is a harm or evil to
the person on whom it is inflicted (p. 12). Nebraska, though a death penalty state, is much
attuned to the controversy surrounding the death penalty. This is demonstrated in Nebraska’s
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interpretation of the application of the death penalty. The Nebraska State statute clearly states
that life is a valuable possession and that the state before taking it should apply the most
scrupulous standards of fairness and uniformity, it should never be imposed arbitrarily, or as a
result of public hysteria, and decisions must adhere to the state requirements on proportionality
so that it is applied uniformly throughout the state. (Nebraska Legislature) In 2000, the U.S. was
one of only four countries that accounted for 88% of known executions with the others being
China, Saudi Arabia, and Iran. (Soss, Langbein, and Metelko, 2003, p. 398) Soss, et al continued
by noting that 38 states and both federal jurisdictions, the military and civilian, authorize the
death penalty for capital crimes and of this total of 40 jurisdictions, 24 permit executions for
crimes committed before the age of 18 (p. 398). Therefore, Nebraska is not unique in its use of
the death penalty but must exercise prudence in the use of this controversial crime control tactic.
Comparison of Nebraska’s Death penalty Statutes to the State of Florida
Florida uses lethal injection or the electric chair for its execution of capital criminals
unlike Nebraska, which exclusively uses the electric chair. Florida’s death penalty statute is less
complex than Nebraska’s. Similar to Nebraska, Florida holds a separate proceeding on the issue
of penalty. (Florida Statutes) As previously stated, Nebraska’s death penalty sentence is imposed
by the Supreme Court of the state. (Nebraska Legislature) Florida, on the other hand, uses the
same jury that brought the guilty verdict. If that jury cannot convene then the judge convenes a
special jury to decide whether the guilty individual receives the death penalty or life
imprisonment. (Florida Statutes) Before imposing the death penalty, after the proceeding on the
issue of penalty, the jury deliberates and provides an advisory sentence, they then provide the
findings on support of the death sentence, the Florida Supreme Court then conducts a review and
takes into account aggravating circumstances that can support the verdict or mitigating
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circumstances that can negate the verdict, and finally, if enough aggravating circumstances are
noted, the prosecutor can allow a victim impact statement in support of death. (Florida Statutes)
Apparently, there are similarities in Nebraska and Florida’s use of the death penalty. Both
states are careful in applying this sentence. All circumstances are reviewed to ensure that the
defendant’s rights are not violated and that the sentence is imposed fairly.
Good Time and Parole Procedures for the State of Nebraska and Governing Statutes
Section 83-1, 107 of the Nebraska Legislative Statutes and all subsequent similar statutes
are clear on the policies for good time regarding all prisoners in the Nebraska Department of
Corrections. Section 83-170 defines the terms for good time and states simply that good time
shall mean any reduction of sentence granted. (Nebraska Legislative Statute) The policies
regarding good time is intertwined with the policies regarding parole. Therefore, it appears that
the two are used in conjunction to determine final parole eligibility. Section 83-1, 107 outlines
the policy regarding an offender’s personalized program plan, reduction in sentence, and how
reductions are credited, forfeited, withheld, and restored.
Offenders who have been paroled by the department are also subjected to good time
rules. The statute stated that any parolee who fails to comply with the personalized program plan
as scheduled for any year would result in disciplinary action resulting in the forfeiture of a
maximum of three months good time for the scheduled year. (Nebraska Legislature) While that
offender is in the custody of the Parole Board, reductions in term can be forfeited, withheld, and
restored by the administrator with approval of the director after the offender has been notified
regarding the misconduct or breech of parole conditions plus recommendation by the Board to
the director for the forfeiture of good time. (Nebraska Legislature) The Statute also specifically
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stated that good time or other reductions in sentence can be forfeited, withheld, and restored in
accordance with the terms of the Nebraska Treatment and Corrections Act, which is an Act
created collectively by Statutes 83-170 to 83-1, 135. (Nebraska Legislature) Several cases led to
subsequent annotations of Statute LB 1499 as it related to good time credits. Ebert v. Black
(1984) stated that when an indeterminate sentence is imposed, the offender’s earliest parole date
is determined by crediting good behavior time on the minimum and not the maximum term.
(Nebraska Legislature) Malone v. Benson (1985) stated that neither mandatory or meritorious
good time earned is automatically forfeited upon revocation of parole and must occur on the
recommendation of the chief executive officer of the facility or the parole administrator
depending on who has custody at the time of the revocation subject to approval of the
Department of Corrections and can be restored in a like manner. (Nebraska Legislature) Malone
v. Benson (1985) also decided that the Parole Board only has the right to recommend forfeiture
of good time when the offender is in the custody of the Parole Board. The discretion of the
statute rests solely on the chief executive officer of the facility and the parole administrator with
the approval of the Department of Corrections. (Nebraska Legislature) The extent of the checks
and balances in the policies regulating good time and parole in the State of Nebraska
demonstrates the amount of concern accorded to offender’s penal rights. Wolff v. McDonald
(1974) demonstrated conformity to the Fourteenth Amendment by Nebraska, which stated in its
statutory annotation that a prisoner’s statutory right to good time cannot be taken away without
due process of law. (Nebraska Legislature)
Identification of Problem Areas
Appellate Decisions, Constitutional Guarantees, Due Process, and Minority Representation
A better prison: A review of Nebraska’s
In review of the Nebraska Statutes, there appears to be very little regarding problems
with the statutes. The statutes all contain annotations of cases that refer back to the Nebraska
Supreme Court and U. S. Supreme Court cases on which the statutes are based. All statutes, as
mentioned above, refer to Constitutional cases decided by the U. S. Supreme Court that
standardize the creation of Nebraska’s statutes. The Fourteenth Amendment to the Constitution
of the United States specifically states that no state shall make or enforce any law that will
abridge the privileges or immunities of citizens of the United States, nor shall any state deprive
any person of life, liberty, or property without due process, nor deny to any person within its
jurisdiction the equal protection of the laws. (The Constitution) Very few cases come under
judicial review for violation of due process in the State of Nebraska. Further evidence of
upholding the due process rights of prisoners can be found in State v. Long (1966) in which the
State of Nebraska legislated that the use of any confession obtained in violation of due process
requires reversal of the decision even though there may be other sufficient evidence to sustain
the conviction. (Nebraska Legislature)
The only problem area that can be noted is in the minority representation of the inmate
population. As previously mentioned, there appears to be disparity in minority representation in
the inmate population. (Nebraska Department of Corrections) Apparently, to offset the trend of
overrepresentation of African Americans and other minorities in the criminal justice system in
Nebraska, a change in economic policies and cultural attitudes would have to occur. First, to be
addressed would be the low-socioeconomic status of minorities through promotion of
educational opportunities, especially at the college level. Second, culturally, affirmative action
policies need to be upheld. This is supported by Pager (2003) who noted that many argue that
affirmative action is under attack based on the notion that racial discrimination in employment is
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no longer a barrier to opportunities (p. 961). However, he went on to state that based on his
Milwaukee, Wisconsin study, employers continue to use race as a major factor in hiring
decisions (p. 961). For those minorities already in the criminal justice system, Branham (2005)
noted that determinate sentencing statutes such as mandatory-minimum sentencing must be
reviewed (p. 92). She stated that disparity in the enforcement of these sentences have racial and
ethnic overtones because white defendants are much more likely to avoid mandatory penalties
than African American or Hispanics (p. 93). The Nebraska Unicameral Legislature currently
creates the sentencing guidelines. According to Branham, establishing a sentencing commission
to revise the guidelines to ease prison overcrowding without compromising public safety (p. 99)
could arguably lead to a more just system for all offenders.
Conclusion
Nebraska is a state that believes in incarceration. It has a large retirement population,
many of whom are ex-military and, therefore, conservative in their values. The adoption of
community-based sanctions would ease the tax burden of operating prisons while keeping intact
the family ties and economic viability of offenders, especially those deemed to be non-violent.
(Branham, 2005, p. 107-108) This would then provide prison accommodations for those
offenders who pose the most danger to the public’s safety, such as murderers and repeat sexual
offenders.
Inmates commit crimes for which the society exacts a punishment. However, regardless
of the length of time an inmate remains in prison, short of receiving the death penalty, that
inmate will some day be released. Unfortunately, though prisons may provide services for the
incarcerated, many inmates return to a society in which they are ill prepared to resume what the
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society considers a normal life. The best way of reforming a prison system is to reduce the
number of individuals that are incarcerated in the system. In the conclusion of this paper, this
author has decided to review changes in the way inmates are dealt with after leaving the system
so that they may not have to return through the same revolving door.
Education is a major factor in future success. The Nebraska Department of Corrections
states that by statute they are required to establish appropriate programs designed to prepare and
assist each person committed to the department to assume their responsibilities toward successful
reintegration into the community and the department shall seek to make educational services
available to each person that can benefit by such training. (Nebraska Department of Corrections)
Though the Nebraska Department of Corrections stands true to its mission, changes in the
Federal Government have led to a decrease in funding for those programs. In a personal
communication with Dr. Mary Wise, the Director of Distance Education for Metropolitan
Community College, which conducts the educational programs for the Nebraska Department of
Corrections, stated that many educational programs were going to be cut because federal dollars
to fund those programs were decreased or completely terminated. (M. Wise, PhD, personal
communication, September 2005) Welsh (2002) conducted a study that examined access, quality,
success, state commitment, and maturity in post secondary educational programs for inmates
before and after the elimination of Pell Grant eligibility (p. 154). The Pell Grant provided access
to higher education to prison inmates who would not normally have had access to higher
education and the availability of the grants spurred the growth of academic programs throughout
the country. (Welsh, 2002, p. 154) Inmates became ineligible for the Pell Grant because of the
Omnibus Crime Bill of 1994, which led to many colleges and universities withdrawing or
reducing their involvement with prison education programs. (Welsh, 2002, p. 154) This
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unfortunate incident may be a causal factor in recidivism. Higher education would mean higher
paying jobs for felons exiting the system. The elimination of education programs in the prisons
would lead to prisoners having to wait until their parole was completed to become eligible, at
which time they may find themselves returning to the system they just exited. This is supported
by Welsh (2002), who noted that it is illogical to expect an inmate to become a productive
member of the community without education or training during incarceration; but it is logical to
expect that inmate to go back to what they know, which is crime (p. 157)
Inmates who exit the correctional system are usually not prepared to continue the medical
care they received under the auspices of the department of corrections. This is even more
prevalent in the case of HIV/AIDS. Lubelczyk, Friedmann, Lemon, Stein, and Gerstein (2002)
found that HIV prevention services in correctional substance abuse treatment programs reduced
the risk among inmates who were released (p. 123). Additionally, Lubelczyk, et al noted that
inmates who are soon to be released might benefit most from HIV prevention services (p. 124).
This is supported by Devereux, Whitley, and Ragavan (2002) who noted that the probability for
ensuring that discharged offenders seek medical treatment is to link them to community services
as part of a discharge planning program (p. 127). They went on to note that the transition period
for people with HIV/AIDS may be especially problematic so greater emphasis should be placed
on maintaining contact with the release inmate (p. 129).
The literature supports the use of transitional programming for released inmates. The
need for community support is greatest during the transition phase. Another solution is to
eliminate incarceration unless extremely necessary. Branham (2005) noted that community
sanctions if properly structured could offer many advantages to the inmate, their family, and to
the victims (p. 107). Therefore, according to the literature, a community-based sanction program
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would allow the inmate to maintain crucial ties with the community ensuring an easier transition
once their sentence has been served.
In conclusion, no policy change in corrections will occur unless there is a change in
cultural attitudes. As long as the society continues to view prisons as the sole source of
retribution for criminal acts, the nation will continue to build and fill prisons. In America’s return
to retributive justice, more research is needed to learn about human behavior and criminal
patterns so that better forms of dealing with these issues can be developed.
(This paper will be revised to reflect how to use the sociological perspectives in the
future. Use this research paper example to provide an idea on how a research paper should
look. Details will be provided in class.)
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