Connect with us

Nebraska

Nebraska Supreme Court affirms Legislature’s power to expand parole eligibility

Published

on

Nebraska Supreme Court affirms Legislature’s power to expand parole eligibility


LINCOLN, Neb. (KOLN) – The Nebraska Supreme Court released a ruling on Friday, upholding the Legislature’s constitutional authority to adjust parole eligibility provisions as part as a criminal justice reform law passed in 2023.

LB 50 took effect on Sept. 2, 2023, with the intent to increase parole eligibility to address prison overcrowding. According to the Nebraska Examiner, the law extended parole eligibility for people who meet the following criteria:

  • For someone serving a maximum term of 20 years or less, two years prior to a person’s mandatory discharge date.
  • For someone serving a maximum term of more than 20 years, when the person has served 80% of the time until the sentence’s mandatory discharge date.

It also allows someone who is at least 75 years old and who has served at least 15 years of their sentence to apply for “geriatric parole”.

Anyone serving a Class I, IA or IB felony or for a sex-related offense is ineligible, as are those serving life imprisonment, the Nebraska Examiner said. As a condition of geriatric parole, the person would need to wear an electronic monitoring device for at least 17 months.

However despite it becoming law, the Nebraska Department of Correctional Services refused to implement the parole provisions on the advice of Attorney General Mike Hilgers. He argued that applying the changes retroactively was unconstitutional and that it was the same as changing someone’s sentence, which only the Board of Pardons can do.

Advertisement

Hilgers filed a lawsuit to block the law, and a lower court sided with him in March 2024. This led to the appeal.

In an unsigned 37-page ruling, the Nebraska Supreme Court overturned the lower court ruling, saying the law is constitutional and the Legislature has the power to adjust parole eligibility. They stated that parole is not the same as a sentence reduction or commutation.

“The retroactive application of L.B. 50’s new parole eligibility provisions does not result in an unconstitutional sentence commutation, and it was plain error to declare otherwise. We therefore reverse the judgment of the district court,” the ruling stated.

ACLU of Nebraska Staff Attorney Jane Seu issued a statement in response to the Nebraska Supreme Court ruling.

“Today, the Nebraska Supreme Court affirmed state senators’ authority to enact long overdue smart justice reforms,” Seu said. “The Court rejected Attorney General Hilgers’ argument that key provisions of LB 50 could not apply to people already serving a sentence. As a result, people in our prisons will be able to benefit from earlier parole eligibility as our lawmakers intended. Considering Nebraska’s ongoing prison overcrowding crisis and the value of meaningful rehabilitation, this is a win for all Nebraskans.”

Advertisement

Click here to subscribe to our 10/11 NOW daily digest and breaking news alerts delivered straight to your email inbox.



Source link

Nebraska

'Before it gets out of hand': Nebraska auditor sounds alarm on millions in uncollected taxes

Published

on

'Before it gets out of hand': Nebraska auditor sounds alarm on millions in uncollected taxes


Nebraska seems to be bucking the old saying from Benjamin Franklin about death and taxes, says State Auditor Mike Foley.”You can’t escape death, but you might escape your taxes,” he said. “And that’s not a good message for the, for the state to be issuing.”



Source link

Continue Reading

Nebraska

The ‘Finest Family Park Between Omaha And Denver’ Is A Nebraska Beauty With Free Amenities And Water Recreation – Islands

Published

on

The ‘Finest Family Park Between Omaha And Denver’ Is A Nebraska Beauty With Free Amenities And Water Recreation – Islands


The world can be a stressful place, and it can be difficult to escape our everyday lives. However, getting outside and spending some time in nature can be really beneficial. If you’re visiting Nebraska, there is a perfect spot to relax and enjoy the outdoors with your kids, and it’s packed with free amenities and plenty to do. Yanney Heritage Park in Kearney, Nebraska, has been called the “finest family park between Omaha and Denver” by Only In Your State, and with good reason. This gorgeous place has just about everything you could ask for in a park, including acres of gardens, water playgrounds for kids, an amphitheater for shows, fishing, boating, hiking, biking, a senior center, a walking meditation labyrinth, and even swan boats to rent to drift around the lake.

One reviewer on AllTrails said of Yanney Heritage Park, “Wonderful park! Fairly new, on edge of new development. 10 story tower to climb, labyrinth, garden, picnic areas, several playgrounds, wide paved paths circling two small lakes, fishing, swans. In season the concessions/Marina rents SUP, kayaks, canoes. Great place to stop for a break!” When visiting, the first place you should check out in the park is the John & Carmen Gottschalk Tower, a lovely observation tower that lets you get a great overview of the entire area. The gardens alone are worth the trip. You’ll find a pollinator garden, a lilac and hydrangea garden, a native Nebraska garden, one full of edible plants, a rose garden, an annual garden, and a xeriscape garden, which features drought-tolerant plants. It’s free and open all year, though blooming depends on the season.

Advertisement

Hiking, biking, water sports, and more at Yanney Heritage Park in Nebraska

If you want to take a stroll, run, or bike through the park, you can explore all or part of the 9.1-mile Kearney Canal Trail, an easy route that is mostly paved and passes picnic areas if you need a snack break. You can even bring your leashed pup. There are two water play areas where kids can enjoy water sprays and dumping buckets, as well as Cathi’s Playground, with slides and climbing equipment. Seniors can visit the Senior Activity Center, try out the fitness pad, or wander the meditation labyrinth.

For some water sports, you can check out Vernon’s Point and North Shore Fishing Piers, or spend time birdwatching on the lake. However, if you want to get out there, you can take a kayak down the 2.3-mile Kearny Water Trail with two whitewater features. At the lake, you’ll find the Yanney Swan Shoppe, which rents kayaks, swan boats, paddle boats, stand-up paddle boards, and more for a mere $7 for half an hour, as of this writing. It also sells drinks and snacks, like candy and ice cream, and is open from late May through early August. 

Yanney Heritage Park is about 130 miles from the airport in Lincoln, and if you’re flying in, take some time to visit another free Nebraska attraction, the Sunken Garden. However, you can also choose to fly through Kearney Regional Airport, located only 8 miles away. If you do, you’ll be close to Minden, Nebraska’s “Christmas City,” full of local shops and events to enjoy during the holiday season. Finally, if you’re going to spend the day (or several) in the sun at Yanney Heritage Park, you might want to check out travel pro Samantha Brown’s great budget Supergoop! Sunscreen dupe.

Advertisement



Source link

Continue Reading

Nebraska

Nebraska women’s basketball hangs on in 82-70 win over North Dakota State

Published

on

Nebraska women’s basketball hangs on in 82-70 win over North Dakota State


Nebraska women’s basketball (4-0) visited Sioux Falls, South Dakota, for a neutral-site matchup against North Dakota State (2-2) on Sunday afternoon. The Huskers continued their strong start to the season with an 82-70 victory over the Bison.

North Dakota State put up a fight against Nebraska early, with multiple lead changes in the first half. But once the Huskers jumped ahead halfway through the second quarter, they never surrendered the lead from there. Nebraska finished the game 33-of-55 from the floor, 6-of-15 from three-point range, and 10-of-13 from the free throw line. North Dakota State shot 28-of-60, 3-of-16, and 11-of-16, respectively.

Amiah Hargrove delivered a perfect outing offensively off the bench to lead the Huskers. She shot 7-of-7 from the floor, 1-of-1 from beyond the arc, and 2-of-2 from the free throw line, finishing with 17 points on the day. She also hauled in a team-high seven rebounds.

Britt Prince finished right behind Hargrove with 16 points, also landing seven shots from the floor and two free throws. Jessica Petrie posted 12 points in the win, shooting 4-of-10 from the floor, 1-of-4 from three-point range, and 3-of-4 from the free throw line. She also earned a team-high four assists and two blocks. Claire Johnson also cracked double digits from the bench, scoring 10 points after going 4-of-6, 1-of-3, and 1-of-2, respectively.

Advertisement

Nebraska returns to Lincoln for its next game, welcoming Oral Roberts for a Wednesday night clash. Tipoff is set for 7 p.m. on B1G+.

Contact/Follow us @CornhuskersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Nebraska news, notes and opinions.





Source link

Continue Reading

Trending