NEBRASKAS CORRECTIONAL SYSTEM DOUG KOEBERNICK INSPECTOR GENERAL - PowerPoint PPT Presentation

NEBRASKA’S CORRECTIONAL SYSTEM DOUG KOEBERNICK INSPECTOR GENERAL FOR CORRECTIONS dkoebernick@leg.ne.gov 402-471-4215

Brief Background In 2014 the Legislature adopted Legislative Resolution 424 in order to establish the  Department of Correctional Services Special Investigative Committee to initially examine the Nikko Jenkins’ situation. It eventually evolved into a much more detailed investigation into the practices of the Department including such issues as restrictive housing, early release of inmates, mental health treatment, and sentence miscalculations. LR 424 made numerous findings and recommendations, including calling for the creation  of the Office of Inspector General of Corrections. After the Special Investigative Committee completed its’ work in 2014, the Legislature re -  established the Committee through the adoption of Legislative Resolution 34. The LR 34 Committee continued to provide oversight of the Department of Correctional Services regarding a number of issues: programs, the need for space, restrictive housing, treatment, etc. and issued a final report in 2016. The Legislature then established a third special committee in 2017 that is chaired by  Senator Laura Ebke. Last year the Committee toured all of the prisons, held a public hearing and issued a new report with their findings and recommendations. They have plans to do additional work this year. Priorities of the work of these committees have included such issues as prison population  concerns, staffing concerns, restrictive housing issues and staff and inmate safety concerns.

Council of State Governments In 2014, leaders from all three branches of government asked the Council of State  Governments (CSG) Justice Center to use a data-driven justice reinvestment approach to help the state slow its prison population growth, reduce corrections spending, and reinvest a portion of savings in strategies that would reduce recidivism and increase public safety. Phase one was completed in 2015 after CSG completed a comprehensive data and  policy analysis, Legislative Bill 605 was passed and it was expected to reduce Nebraska’s prison population by 1,000 people per year and ensure supervision for an additional 300 people released from prison per year. It included policies to utilize probation for individuals convicted of low-level offenses, ensure post-release supervision for most people upon release from prison, and improves parole supervision. Phase two was completed in 2017.  More information on this can be found at  https://nebraskalegislature.gov/pdf/reports/committee/select_special/jro/jro_2017.pdf In 2017 CSG reported the following:   Admissions and releases within the correctional system were relatively flat;  Crimes and arrests were down since 2011 but violent crimes increased from 2013 to 2016;  From 2015 to 2017 there was a 21% increase in felony court cases; and,  Paroles have gone up slightly in the past few years.

Prison Population Background  Population of the state correctional system grew in the 1980’s and 1990’s and exceeded design capacity of the facilities within the system. Legislation was passed in 1997 to create two new facilities – Tecumseh State Correctional Institute and the Work Ethic Camp in McCook.  The Community Corrections Council was established by the Legislature to bring the courts, parole, probation, legislature, corrections and other key stakeholders together to address concerns that were raised prior to 1997.  Population growth was temporarily stabilized and the percentage of design capacity decreased but then grew as “tough on crime” sentences changed and a decrease in correctional programs led to a stagnation of paroles.

NEBRASKA PRISON POPULATION GROWTH SINCE 2012 5600 5400 5388 5345 5315 5302 5299 5293 5287 5266 5200 5146 5004 5000 4920 4800 4719 4647 4600 4400 4200 Sep-12 Nov-12 Jun-13 Dec-13 Jun-14 Dec-14 Jun-15 Dec-15 Jun-16 Jan-17 Jun-17 Jan-18 May-18

Design Capacity  Currently, Nebraska’s correctional system is at 157% of design capacity (fifth most overcrowded state system). It was projected in 2014 to hit 170% of design capacity by 2020.  The Bureau of Justice Statistics defines “design capacity” as the number of inmates that planners or architects intended for the facility.  Some examples of overcrowded facilities include:  Omaha Correctional Center – 196%  Diagnostic and Evaluation Center – 285%  Nebraska State Penitentiary – 186%  Work Ethic Camp – 175%  Expanding prison capacity is not as simple as just adding beds.  Nebraska’s cost per offender is over $38,000 per year.

Overcrowding Emergency Act  Under state law, the Governor shall order an overcrowding emergency if the system is at 140% of design capacity on July 1, 2020. At that point, inmates are to be released until the system reaches 125% of design capacity through the identifying of suitable inmates to be released by the Parole Board.  To reach 140% right now would mean 577 inmates would have to be released.  To reach 125% right now would mean that 1083 inmates would have to be released.  The Inspector General and the LR 34 Special Committee recommended in 2016 that Parole and the Department develop a plan that would share how they would implement the overcrowding emergency. Eventually, a law was passed in 2018 that required them to submit a report on this no later than November 1, 2018.  It is important to know how this would be implemented for a variety of reasons, including knowing what type of inmates would be released and what resources would be needed in order to assist them with not returning to the system.

Good Time Years Lost (NDCS System) 700 658 611 600 500 408 400 308 300 200 191 100 0 2014 2015 2016 2017 2018 (projected) There are other factors that impact overcrowding of the system, including the behavior of the inmate population and discipline administered by the Department.

Staffing  The Department has faced staffing issues for a number of years. However, there are currently very serious staffing concerns at Tecumseh and the Nebraska State Penitentiary in Lincoln.  A 2017 Staff Survey completed by the Inspector General found:  Only 40% felt safe at their job;  20% would recommend a corrections job to another person;  29% were satisfied with their employment;  23% believed their fellow employees were held accountable for poor behavior;  17% believed the Department was going in a positive direction; and,  Less than 7% believed the Legislature was concerned about correctional employees.  Staff shortages result in increases in overtime, decreases in morale, more inexperienced staff, inexperienced leaders, and an inconsistency in the treatment of the inmate population.

OVERTIME HOURS FOR NDCS PROTECTIVE SERVICES WORKERS 60000 2015 TSCI RIOT 50000 40000 30000 20000 10000 0 Overtime more than doubled from January 2014 to December 2017.

T URNOVER R ATE OF NDCS C ORRECTIONAL O FFICER , C ORPORAL , S ERGEANT , AND C ASEWORKER P OSITIONS 40% 35% 34% 32% 31% 30% 29% 25% 23% 22% 20% 20% 18% 15% 10% 5% 0% 2010 2011 2012 2013 2014 2015 2016 2017 Turnover rates of front line staff have nearly doubled since 2010.

2016 vs. 2018 Overcrowding continues as we await impact of LB 605. Essentially the same except for 350 beds being added.  Protective services staffing issues primarily at Tecumseh and Nebraska State Penitentiary. Has grown worse.  Health services and treatment staffing issues throughout the system – especially nurses, licensed mental health  practitioners and psychologists. Essentially the same except for psychologists. Programming and treatment challenges throughout the system. More programming being done in some cases  and in some facilities. Challenges of staffing programming are being examined. Lack of flexibility to move inmates based on their custody and needs and restrictive housing issues. Same.  Riot at Tecumseh in May 2015 – gradually getting back to normal but is that good? A second riot took place in  2017 and some staff have told me about “the feel” at TSCI.  Legislature did provide funding in 2016 for an expansion of community corrections beds, staff retention efforts, and expansion of other housing options. Director Frakes has indicated that he will ask for additional resources in the next budget. Reentry grant program began in 2015 and new grants are being awarded next week for the next two years.  Same except that there is likely a need to expand this program. 2018 A significant increase in the use of restrictive housing.  A significant increase in the loss of good time.  NSP is more of a concern than even Tecumseh.  New normal  NDCS Quarterly Data Sheets 