LINCOLN, Neb. (AP) - An effort to scale back the use of mandatory minimum prison sentences in Nebraska as a way to reduce prison crowding won first-round approval Wednesday despite opposition from prosecutors and some conservative lawmakers.
Senators voted 28-9 on legislation to abolish mandatory minimums for Class 1C and 1D felonies, including robbery, assault on a police officer and certain drug crimes. The bill would also limit “habitual criminal” sentence enhancements to violent crimes.
Nebraska Attorney General Doug Peterson and some conservative senators oppose the measure, arguing that it removes an important tool for prosecutors.
Statewide, Nebraska’s prison population was 59 percent above its maximum design capacity as of last month, with roughly 5,200 inmates. The crowding has prompted threats of litigation from the American Civil Liberties Union of Nebraska, and some lawmakers are concerned that the U.S. Justice Department could intervene.
Sen. Ernie Chambers of Omaha introduced the bill on behalf of a group of senators who have studied the prison crowding problems. Chambers said the state’s sentencing policies have made the situation worse because of politicians who wanted to appear tough on crime.
“We as policymakers have not discharged our duties in the way we should,” Chambers said. “Instead of taking the long view and being mindful of what our responsibilities are, we will be swayed by the fad of the moment.”
Even without mandatory minimums, Chambers said judges can still impose long sentences for the most heinous crimes.
Current law requires habitual criminals to serve at least a 10-year mandatory minimum sentence. The designation applies only to offenders with two prior felony convictions who have served at least two prior prison sentences of at least one year.
Sen. Paul Schumacher of Columbus, a former county attorney, said mandatory minimums don’t serve as a serious deterrent to crime because most offenders don’t consider the consequences of their actions.
“These are just leverage tools” that prosecutors use to get a plea deal from defendants, he said.
Opponents of the bill pointed to the state’s declining crime rate as evidence that mandatory minimums have worked, and argued that lawmakers should take other steps to reduce prison crowding.
“I think we can be tough on crime and smart on crime,” said Sen. Beau McCoy of Omaha. “I don’t think those have to be polar opposites.”
Peterson, a Republican, said Tuesday that the bill ignores the seriousness of crimes such as second- and third-degree sexual assault of a child, domestic assault, child endangerment and producing child pornography. If the bill passes, those offenses could no longer be used to trigger a habitual criminal sentence enhancement.
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The bill is LB173.
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