LINCOLN, Neb. (AP) - Nebraska’s independent prison watchdog has been unable to interview any inmates or employees nearly a month after a prison uprising killed two inmates.
That would change under a bill advanced 34-0 Tuesday by the state Legislature that would ensure Doug Koebernick, inspector general of Nebraska’s corrections department, can interview witnesses during law enforcement investigations. Current law prohibits Koebernick from interviewing anyone who has already been interviewed by law enforcement officers while a criminal investigation is ongoing, and those investigations can take months or even years, Koebernick said.
“The intent is for me to investigate these issues,” he said. “…I can’t actually talk to the people that are there.”
Koebernick said he had similar problems investigating a June 2016 escape of two convicted sex offenders and an August 2016 incident in which inmates assaulted nine staff members at the Lincoln Correctional Center.
Both the existing law and a proposed change that would have required Koebernick to get consent from a prosecutor before interviewing witnesses limited the state’s watchdog, said Sen. Ernie Chambers of Omaha.
“That is an unreasonable restriction,” Chambers said, noting other individuals such as reporters are not barred from interviewing witnesses during investigations.
The bill also clarifies that Koebernick should share special reports with the Legislature’s Judiciary Committee when he finishes investigating incidents such as prison riots, along with the semi-annual reports he already provides.
The measure’s sponsor, Sen. Bob Krist of Omaha, says more timely reports from Koebernick will help the Legislature review its prison overhaul efforts. Nebraska lawmakers have been working since 2014 to shrink the state’s prison populations and spending through sentencing reform and programs targeted at reducing recidivism.
“As soon as it happens and he’s on scene, he can evaluate and respond to the Legislature,” Krist said.
The measure also will protect prison employees who contact Koebernick with concerns from any retaliatory action. Koebernick said he hasn’t seen any whistleblower retaliation in Nebraska prisons, but the protections are important for people to feel comfortable reaching out with concerns.
__
Follow Julia Shumway on Twitter at https://twitter.com/JMShumway
Please read our comment policy before commenting.