LB438 LB438
2019 2019
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 438
Introduced by Wishart, 27.
Read first time January 18, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to treatment and corrections; to amend
2 sections 47-908 and 47-918, Revised Statutes Cumulative Supplement,
3 2018; to provide duties for the Nebraska State Patrol; to require a
4 report by the Inspector General of the Nebraska Correctional System;
5 to designate the Nebraska State Patrol as the agency to investigate
6 criminal activity within correctional facilities operated by the
7 Department of Correctional Services and the Lincoln Regional Center
8 as prescribed; to provide powers and duties for the patrol; to
9 provide for confidentiality of certain records; to harmonize
10 provisions; to provide an operative date; and to repeal the original
11 sections.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 47-908, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 47-908 All employees of the department, all employees of the
4 Division of Parole Supervision, and all owners, operators, managers,
5 supervisors, and employees of private agencies shall cooperate with the
6 office. The Nebraska State Patrol shall cooperate with the office as
7 relates to investigations of correctional facilities conducted under
8 section 3 of this act. Cooperation includes, but is not limited to, the
9 following:
10 (1) Provision of full access to and production of records and
11 information. Providing access to and producing records and information
12 for the office is not a violation of confidentiality provisions under any
13 statute, rule, or regulation if done in good faith for purposes of an
14 investigation under the Office of Inspector General of the Nebraska
15 Correctional System Act;
16 (2) Fair and honest disclosure of records and information reasonably
17 requested by the office in the course of an investigation under the act;
18 (3) Encouraging employees to fully comply with reasonable requests
19 of the office in the course of an investigation under the act;
20 (4) Prohibition of retaliation by owners, operators, or managers
21 against employees for providing records or information or filing or
22 otherwise making a complaint to the office;
23 (5) Not requiring employees to gain supervisory approval prior to
24 filing a complaint with or providing records or information to the
25 office;
26 (6) Provision of complete and truthful answers to questions posed by
27 the office in the course of an investigation; and
28 (7) Not willfully interfering with or obstructing the investigation.
29 Sec. 2. Section 47-918, Revised Statutes Cumulative Supplement,
30 2018, is amended to read:
31 47-918 On or before September 15 of each year, the Inspector General
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1 shall provide to each member of the Judiciary Committee of the
2 Legislature, the Governor, and the Clerk of the Legislature a summary of
3 reports and investigations made under the Office of Inspector General of
4 the Nebraska Correctional System Act for the preceding year and a summary
5 of all reports received under section 3 of this act for during the
6 preceding year. The summaries summary provided to the Clerk of the
7 Legislature shall be provided electronically. The summaries shall include
8 recommendations and an update on the status of recommendations made in
9 prior summaries, if any. The recommendations may address issues
10 discovered through investigations, audits, inspections, and reviews by
11 the office that will (1) increase accountability and legislative
12 oversight of the Nebraska correctional system, (2) improve operations of
13 the department and the Nebraska correctional system, (3) deter and
14 identify fraud, abuse, and illegal acts, and (4) identify inconsistencies
15 between statutory requirements and requirements for accreditation. The
16 summaries shall not contain any confidential or identifying information
17 concerning the subjects of the reports and investigations.
18 Sec. 3. (1) The Nebraska State Patrol is authorized to conduct
19 investigations of any criminal activity that takes place within any
20 correctional facility operated by the Department of Correctional Services
21 or within the Lincoln Regional Center.
22 (2) On the operative date of this act, the Nebraska State Patrol
23 shall employ and have oversight over any investigators employed by the
24 Department of Correctional Services.
25 (3) When the positions of any investigators employed by the
26 Department of Correctional Services are transferred to the Nebraska State
27 Patrol, all funds used by the Department of Correctional Services for the
28 administration of and salaries for such investigators shall be
29 transferred to the patrol.
30 (4) The Nebraska State Patrol shall assign at least ten criminal
31 investigators to conduct investigations of any criminal activity that
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1 takes place within any correctional facility operated by the Department
2 of Correctional Services and within the Lincoln Regional Center. Two of
3 such investigators shall be permanently assigned to both the Tecumseh
4 State Correctional Institution and the Nebraska State Penitentiary in
5 Lincoln. The other investigators shall be assigned as needed throughout
6 the Nebraska correctional system and the Lincoln Regional Center.
7 (5) The Nebraska State Patrol shall provide information regarding
8 any investigations conducted pursuant to this section of criminal
9 activity occurring within Department of Correctional Services facilities
10 to the Inspector General of the Nebraska Correctional System. Any
11 investigation or law enforcement reports provided to the Inspector
12 General pursuant to this section are not public records for purposes of
13 sections 84-712 to 84-712.09 and shall not be subject to discovery by any
14 other person or entity. Except to the extent that disclosure of
15 information is otherwise provided for in the Office of Inspector General
16 of the Nebraska Correctional System Act, the Inspector General shall
17 maintain the confidentiality of any investigation or law enforcement
18 reports received pursuant to this section.
19 Sec. 4. This act becomes operative on January 1, 2020.
20 Sec. 5. Original sections 47-908 and 47-918, Revised Statutes
21 Cumulative Supplement, 2018, are repealed.
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Statutes affected:
Introduced: 47-908, 47-918