The latest report on the Nebraska Correctional System shows a decrease in the use of restrictive housing.

The Office of Inspector General of Correctional Services has tracked the data and other prison practices since it was created in 2015 to oversee the state's correctional system. The use of restricting a prisoner's contact with others peaked at 423 in 2018 and has dropped most years since then, to 216 people in August.

Scout Richters, policy director for the ACLU of Nebraska, said although the progress "deserves recognition," it is not enough, especially when the isolation is for long periods of time.

"Across the globe, there's a consensus that prolonged solitary confinement is torture, that it's inhumane, that it greatly exacerbates mental health issues and self-harm attempts," Richters outlined.

The Inspector General's report showed the number of people in restrictive arrangements for over six months declined from 185 five years ago, to 42 this year. In August, Nebraska Attorney General Mike Hilgers blocked the Inspector General from accessing prison records, stating the way the Legislature created the office violates the state constitution.

As a result, Richters pointed out, information including the frequency and duration of restrictive housing and circumstances surrounding deaths has been unavailable for oversight since mid-August.

"This is really a major concern," Richters contended. "It should be a major concern for all Nebraskans, as the Inspector General really provides critical, neutral insight into what is actually happening within the prisons."

Sen. Tony Vargas, D-Omaha, has introduced Legislative Bill 557 to be considered next year. It would cap the use of restrictive housing at 15 days.

Richters noted polls show the majority of Nebraskans support this and other types of prison reform.

"Really ensuring that those with substance abuse issues, mental health disorders, get the treatment they need rather than prison sentences," Richters emphasized. "Including the use of restrictive housing and solitary confinement that really don't solve the underlying issue."

The report showed two men scheduled to be released from Nebraska prisons in December have been in restrictive housing for extensive time periods, one for nearly four years and the other for more than five-and-a-half years.

Advocates of criminal-justice reform warn the passage of Proposition 36 will mean a sharp reduction in funds to anti-crime initiatives. The measure raises the penalties for certain drug and theft crimes, making more of them felonies that carry jail time.

Will Matthews, a spokesperson for Californians for Safety and Justice, a nonprofit public-safety advocacy organization, said voters were fed false promises that Prop. 36 would reduce property crime by forcing more people to choose between treatment and incarceration.

"It really was a disingenuous initiative that now will result in billions of dollars being diverted away from treating addiction, treating mental illness, and helping folks coming home from a period of incarceration," he said.

Prop. 36 repeals parts of Proposition 47, which funneled the savings from reduced prison costs into programs designed to combat poverty and addiction - the root causes of crime.

Christopher Hallenbrook, a political science professor with Cal State Dominguez Hills, agrees that Prop 36 will cost the state hundreds of millions of dollars, money he says will be diverted from anti-crime initiatives.

"There's no way you can pass '36' and not put more people in jail. The more money you're spending on incarceration, the less money you're spending on other things," Hallenbrook stated. "That is definitely an accurate assessment for Prop. 36 and it seems to be one that voters decided they were OK with."

Prop. 36 was largely funded by such retail giants as Home Depot, Target and Walmart, hoping that the prospect of higher penalties would deter retail crime.


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Loretta Rush, Chief Justice of the Indiana Supreme Court, has released the 2023-24 annual report for the state's courts.

The report shows Indiana's judicial system is taking big steps to tackle the mental health crisis. The Supreme Court recently launched the Office of Behavioral Health and hired Brittany Kelly as its behavioral health specialist, making Indiana the tenth state in the country to embed a mental health professional within its judiciary.

"She's off and running. She's had hundreds of inquiries from around the state. She's meeting with judges," Rush outlined. "She's helping with things like competency evaluations, access to Medicaid, how do I get somebody who's going through dementia through the court system?"

Rush pointed out Kelly will help the courts manage the mental health and substance use issues flooding Indiana's courtrooms daily. The latest report shows more than 1 million cases passed through the courts this past fiscal year, including almost 20,000 involuntary mental health hearings and a sharp rise in protective orders for domestic violence.

Rush highlighted the strain on local courts, noting about 70% of people in jail have behavioral health issues.

"How do we make sure we have diversion programs in place? How do we make sure that the services we're ordering for people to do are the right services?" Rush asked. "We've done a lot at the national level with regard to substance abuse and mental health, realizing programs that are working."

The judiciary is working with state agencies to reform policies and address the impact of mental health issues on the system. Kelly has training in both social work and law, and helps judges connect with treatment resources to get people the support they need and keep them out of jail.


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Survivors of crime are speaking out against Proposition 36, which goes before California voters in November.

The ballot measure would increase penalties for some theft and drug crimes - and undo parts of Proposition 47, which took savings from decreased incarceration and put the money into harm-reduction programs.

Tinisch Hollins, executive director of Californians for Safety and Justice, spoke Wednesday at the opening of a new trauma recovery center in Oakland.

"It's pushing the state to move back towards 'tough-on-crime.' We are pushing back on that. You need to prioritize resources to create trauma-recovery centers because this is the way to create safety in our community." Hollins said.

Supporters of Prop. 36 say current laws are too lenient, particularly concerning retail theft. But the state legislative analyst has suggested Prop. 36 will send many more people to jail, increasing criminal-justice costs anywhere from tens of millions to the low hundreds of millions of dollars each year.

Hollins said that would mean less money for programs that actually address poverty and desperation - the root cause of crime.

"Folks who have been touched by incarceration, folks who are experiencing homelessness, folks who are experiencing barriers to employment, they can actually get a full range of services to stabilize," Hollins added. "Think about how impactful this will be if we're able to continue expanding this model."

Advocates of Prop. 36 project that it would mean $850 million less over the next decade for trauma recovery centers, mental health, drug treatment, victim services, re-entry and crime-prevention programs.