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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 994
Introduced by McKinney, 11.
Read first time January 13, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Nebraska Treatment and Corrections Act;1
to amend section 83-1,135, Reissue Revised Statutes of Nebraska, and2
section 83-1,107, Revised Statutes Supplement, 2025; to change3
provisions relating to good time and parole eligibility; to provide4
duties for the Department of Correctional Services; to provide for5
applicability; to harmonize provisions; to repeal the original6
sections; and to declare an emergency. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. (1) The department shall, no later than April 15, 2027,1
recalculate the parole eligibility dates of all committed offenders who2
were incarcerated on or after July 1, 2011, to reflect the changes to3
section 83-1,107 made by this legislative bill. 4
(2) Such recalculations shall be completed in coordination with the5
Board of Parole, using a phased implementation schedule to prevent6
administrative overload and ensure public safety. 7
(3) No person shall be denied eligibility for parole solely because8
of an administrative delay in recalculation under this section.9
(4) Any individual on parole as of the effective date of this act10
who was discharged from custody after July 1, 2011, and before the11
effective date of this act, whose parole eligibility would have been12
modified by this legislative bill, may request the Board of Parole to13
reduce his or her parole term accordingly. 14
(5) The Legislature declares that the purpose of the changes made to15
section 83-1,107 by this legislative bill is to clarify that good-time16
reductions apply to both tentative release dates and parole eligibility17
dates. 18
Sec. 2. Section 83-1,107, Revised Statutes Supplement, 2025, is19
amended to read: 20
83-1,107 (1)(a) Within sixty days after initial classification and21
assignment of any offender committed to the department, all available22
information regarding such committed offender shall be reviewed and a23
committed offender department-approved personalized program plan document24
shall be drawn up. The document shall specifically describe the25
department-approved personalized program plan and the specific goals the26
department expects the committed offender to achieve. The document shall27
also contain a realistic schedule for completion of the department-28
approved personalized program plan. The department-approved personalized29
program plan shall be developed with the active participation of the30
committed offender. The department shall provide programs to allow31
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compliance by the committed offender with the department-approved1
personalized program plan. 2
Programming may include, but is not limited to:3
(i) Academic and vocational education, including teaching such4
classes by qualified offenders; 5
(ii) Substance abuse treatment; 6
(iii) Mental health and psychiatric treatment, including criminal7
personality programming; 8
(iv) Constructive, meaningful work programs; and9
(v) Any other program deemed necessary and appropriate by the10
department. 11
(b) A modification in the department-approved personalized program12
plan may be made to account for the increased or decreased abilities of13
the committed offender or the availability of any program. Any14
modification shall be made only after notice is given to the committed15
offender. The department may not impose disciplinary action upon any16
committed offender solely because of the committed offender's failure to17
comply with the department-approved personalized program plan, but such18
failure may be considered by the board in its deliberations on whether or19
not to grant parole to a committed offender. 20
(2)(a) The department shall reduce the term of a committed offender21
by six months for each year of the offender's term and pro rata for any22
part thereof which is less than a year. 23
(b) In addition to reductions granted in subdivision (2)(a) of this24
section, the department shall reduce the term of a committed offender by25
three days on the first day of each month following a twelve-month period26
of incarceration within the department during which the offender has not27
been found guilty of (i) a Class I or Class II offense or (ii) more than28
three Class III offenses under the department's disciplinary code.29
Reductions earned under this subdivision shall not be subject to forfeit30
or withholding by the department. 31
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(c) The total reductions under this subsection shall be credited1
from the date of sentence, which shall include any term of confinement2
prior to sentence and commitment as provided pursuant to section3
83-1,106. Such reductions , and shall be deducted from the:4
(i) Minimum term, other than a mandatory minimum, to determine5
parole eligibility; and 6
(ii) Maximum maximum term, to determine the date when discharge from7
the custody of the state becomes mandatory. 8
(3) While the offender is in the custody of the department,9
reductions of terms granted pursuant to subdivision (2)(a) of this10
section may be forfeited, withheld, and restored by the chief executive11
officer of the facility with the approval of the director after the12
offender has been notified regarding the charges of misconduct.13
(4) The department, in consultation with the board, shall ensure14
that a release or reentry plan is complete or near completion when the15
offender has served at least eighty percent of his or her sentence. For16
purposes of this subsection, release or reentry plan means a17
comprehensive and individualized strategic plan to ensure an individual's18
safe and effective transition or reentry into the community to which he19
or she resides with the primary goal of reducing recidivism. At a20
minimum, the release or reentry plan shall include, but not be limited21
to, consideration of the individual's housing needs, medical or mental22
health care needs, and transportation and job needs and shall address an23
individual's barriers to successful release or reentry in order to24
prevent recidivism. The release or reentry plan does not include an25
individual's programming needs included in the individual's personalized26
program plan for use inside the prison. However, the department shall27
include in the release or reentry plan information regarding the28
individual's progress on the individual's personalized program plan for29
use inside the prison. 30
(5)(a) The department shall make treatment programming available to31
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committed offenders as provided in section 83-1,110.01 and shall include1
continuing participation in such programming as part of each offender's2
department-approved personalized program plan developed under subsection3
(1) of this section. 4
(b) Any committed offender with a mental illness shall be provided5
with the community standard of mental health care. The mental health care6
shall utilize evidence-based therapy models that include an evaluation7
component to track the effectiveness of interventions.8
(c) Any committed offender with a mental illness shall be evaluated9
before release to ensure that adequate monitoring and treatment of the10
committed offender will take place or, if appropriate, that a commitment11
proceeding under the Nebraska Mental Health Commitment Act or the Sex12
Offender Commitment Act will take place. 13
(6)(a) Within thirty days after any committed offender has been14
paroled, all available information regarding such parolee shall be15
reviewed and a case plan document shall be drawn up and approved by the16
department. The document shall specifically describe the approved case17
plan and the specific goals the department expects the parolee to18
achieve. The document shall also contain a realistic schedule for19
completion of the approved case plan. The approved case plan shall be20
developed with the active participation of the parolee. During the term21
of parole, the parolee shall comply with the approved case plan and the22
department shall provide programs to allow compliance by the parolee with23
the approved case plan. 24
Programming may include, but is not limited to:25
(i) Academic and vocational education; 26
(ii) Substance abuse treatment; 27
(iii) Mental health and psychiatric treatment, including criminal28
personality programming; 29
(iv) Constructive, meaningful work programs; 30
(v) Community service programs; and 31
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(vi) Any other program deemed necessary and appropriate by the1
department. 2
(b) A modification in the approved case plan may be made to account3
for the increased or decreased abilities of the parolee or the4
availability of any program. Any modification shall be made only after5
notice is given to the parolee. Intentional failure to comply with the6
approved case plan by any parolee as scheduled for any year, or pro rata7
part thereof, shall cause disciplinary action to be taken by the8
department resulting in the forfeiture of up to a maximum of three9
months' good time for the scheduled year. 10
(7) While the offender is in the custody of the board, reductions of11
terms granted pursuant to subdivision (2)(a) of this section may be12
forfeited, withheld, and restored by the director upon the recommendation13
of the board after the offender has been notified regarding the charges14
of misconduct or breach of the conditions of parole.15
(8) Good time or other reductions of sentence granted under the16
provisions of any law prior to July 1, 1996, may be forfeited, withheld,17
or restored in accordance with the terms of the Nebraska Treatment and18
Corrections Act. 19
(9) Pursuant to rules and regulations adopted by the probation20
administrator and the director, an individualized post-release21
supervision plan shall be collaboratively prepared by the Office of22
Probation Administration and the department and provided to the court to23
prepare individuals under custody of the department for post-release24
supervision. All records created during the period of incarceration shall25
be shared with the Office of Probation Administration and considered in26
preparation of the post-release supervision plan. 27
Sec. 3. Section 83-1,135, Reissue Revised Statutes of Nebraska, is28
amended to read: 29
83-1,135 Sections 83-170 to 83-1,135.05 and section 1 of this act30
shall be known and may be cited as the Nebraska Treatment and Corrections31
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Act. 1
Sec. 4. Original section 83-1,135, Reissue Revised Statutes of2
Nebraska, and section 83-1,107, Revised Statutes Supplement, 2025, are3
repealed. 4
Sec. 5. Since an emergency exists, this act takes effect when5
passed and approved according to law. 6
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