Nebraska’s initiative to release some inmates early has been shelved, drawing attention from lawmakers and rekindling past controversies.
Uncertainty surrounds the sudden halt of the PATH program by the Department of Correctional Services, which aimed to alleviate prison overcrowding. This decision came after Flatwater Free Press reported on the plan last fall. State Senator Terrell McKinney of Omaha remarked, “I think they were looking for a way to move people out without having to go through the Legislature.”
The PATH proposal, which envisioned early release for some inmates with strict supervision, now seems defunct. Despite bipartisan interest from McKinney and Judiciary Committee Chair State Senator Carolyn Bosn, no legislative action has emerged to revive or replace it.
The Corrections Department had been advancing PATH through the state’s rulemaking process, intending to transition selected inmates to community living with oversight. This approach was presented as part of a strategy for better population management and enhanced reentry chances, according to a department spokesperson.
Nebraska’s prisons remain among the most overcrowded nationally, although department officials contest this view. McKinney linked PATH to a previous shift of the McCook Work Ethic Camp into a federal immigration detention facility.
Such a program could incentivize good behavior among inmates and reduce taxpayer expenses, as noted by Bosn and others. The 2023 annual cost per inmate exceeded $13,000, based on legislative fiscal data.
However, PATH lacked clarity on eligibility and other details, leaving stakeholders like the state’s Inspector General for Corrections and reentry advocates seeking more information. McKinney stated, “I’m not opposed to it, it’s just about the implementation and how it’s going to work.”
Doug Koebernick, the former Inspector General, compared PATH to a controversial 2008 furlough program that bypassed legislative approval, ultimately leading to its dismantlement in 2015.
Documents reveal that the Department of Correctional Services solicited feedback on PATH from the Parole Board and Governor Jim Pillen’s office last summer. A policy adviser, Breanna Wirth, conveyed her intent to monitor the program closely, stating, “Since there are a lot of unknowns with this one, although I do not suspect issues, you will notice I am interested in being kept informed on this one.”
Despite progressing through typical administrative channels, the PATH program never reached the governor for final approval due to legal authority questions and past program criticisms, according to spokesperson Laura Strimple.
Public records show support letters for PATH from families of inmates before an October public hearing. However, timing issues with the state’s notice requirement prompted legal consultations, leading to a delay and then a halt after Flatwater’s report on October 24.
In response, Dayne Urbanovsky, a spokesperson, stated, “NDCS is not moving forward with the PATH program.” Corrections explored various initiatives but decided against PATH after assessing its alignment with agency goals.
State prison watchdog Zach Pluhacek called the matter “complicated,” suggesting legislative action might be necessary for future programs. Bosn echoed this, indicating any similar proposals should originate from lawmakers.
While discussions on reentry improvement continue, a PATH-like initiative remains unlikely soon, which might frustrate advocates like Jeanie Mezger of the Nebraska Criminal Justice Review. Reflecting on past program outcomes, Mezger commented, “The Legislature thinks they should have been involved? Their involvement has been more about putting people in prison, not in letting them go home.”
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