2018 Nebraska Revised Statutes
Chapter 90 - SPECIAL ACTS
90-559 Department of Correctional Services; Operations.
90-559. Department of Correctional Services; Operations.
AGENCY NO. 46 — DEPARTMENT OF CORRECTIONAL SERVICES
Program No. 200 - Operations
| FY2015-16 | FY2016-17 | |
| GENERAL FUND | 204,563,182 | 202,442,037 |
| CASH FUND | 2,126,000 | 2,126,000 |
| FEDERAL FUND est. | 1,758,021 | 1,762,858 |
| REVOLVING FUND est. | 18,780,835 | 18,935,977 |
| PROGRAM TOTAL | 227,228,038 | 225,266,872 |
| SALARY LIMIT | 107,394,527 | 105,496,351 |
The unexpended General Fund appropriation balance existing on June 30, 2015, is hereby reappropriated.
Included in the salary limitations provided by this section is $3,672,087 for FY2015-16 and $3,672,087 for FY2016-17 for Revolving Fund salaries for program classifications 390 and 563, that shall not be limited to the amounts shown.
The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:
No. 260 - Nebraska Correctional Youth Facility
No. 300 - Tecumseh Correctional Center
No. 368 - Lincoln Community Corrections Center
No. 369 - Omaha Community Corrections Center
No. 370 - Central Office
No. 372 - Nebraska State Penitentiary
No. 373 - Nebraska Center for Women - York
No. 375 - Diagnostic and Evaluation Center
No. 376 - Lincoln Correctional Center
No. 377 - Omaha Correctional Center
No. 386 - McCook Incarceration Work Camp
No. 389 - Adult Parole Administration
No. 390 - Federal Surplus Property
No. 495 - Department Central Warehouse
No. 563 - Correctional Industries
Revolving Fund expenditures shall not be limited to the amounts shown.
It is the intent of the Legislature that the Department of Correctional Services investigate the feasibility of leasing the former Lancaster County jail facility located in Air Park and owned by the Airport Authority of the City of Lincoln, Nebraska, and consider making this facility a community corrections facility instead of a minimum-security facility. The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.
It is the intent of the Legislature that the Department of Correctional Services reduce mandatory overtime at the department's facilities. The department shall examine reducing mandatory overtime by studying its pay structure, including, but not limited to, adopting a pay structure that allows employees to advance through the pay line, adopting a step plan or a similar-type plan, or by adopting another method that gives incentives for employees to remain employed by the department. The department may conduct a salary survey to see if the department's salaries are competitive with other entities which it competes with for employees. The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.
It is the intent of the Legislature that the Department of Correctional Services implement a needs assessment regarding behavioral and mental health treatment and staffing. The needs assessment shall be completed by appropriately trained mental health professionals. The assessment shall include:
(1) Review and summary of relevant existing data sources;
(2) A detailed review of need factors in the Department of Correctional Services population including risk behaviors, mental health needs, behavioral health needs, and diagnosis;
(3) A detailed review of existing treatment and analysis of the adequacy of that treatment based on:
(a) Professional standards of care;
(b) Best practices;
(c) Availability of programming aligned with mental health needs and diagnosis (using valid instrumentation); and
(d) Availability in different facilities and levels of custody; and
(4) Analysis of needs, based on data gathered regarding:
(a) Staffing needs to meet professional standards of care;
(b) Needs related to developing new or different treatment based on needs analysis; and
(c) Needs related to achieving an appropriate level of service that meets the goals of institutional and community safety and community integration.
The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.
There is included in the appropriation to this program for FY2015-16 $5,479,892 General Funds, which shall only be used to contract with county jail facilities to house Department of Correctional Services facilities inmates on a temporary basis. There is included in the appropriation to this program for FY2016-17 $4,607,147 General Funds, which shall only be used to contract with county jail facilities to house Department of Correctional Services facilities inmates on a temporary basis. It is the intent of the Legislature that no further funding be provided after FY2016-17 to contract with county jail facilities to house Department of Correctional Services facilities inmates.
It is intended that the Department of Correctional Services shall maintain a Department Contingency Fund and a Department Equipment Fund.
There is included in the appropriation to this program for FY2015-16 $1,500,000 General Funds, which shall only be used for strategies to retain quality staff in workforce shortage areas at institutions operated by the department. At least $150,000 of this appropriation shall be used in the retention of staff within the Division of Health Services. The department shall provide quarterly reports to the Governor and the Legislature regarding use of the appropriation that include how the funds are being utilized, the impact of the use of the funds on retention of quality staff, staff vacancy and turnover data, and plans for the future use of the funds. The second quarterly report shall include a plan by the department for the use of a similar appropriation in future fiscal years. The reports submitted to the Legislature shall be submitted electronically.
It is the intent of the Legislature that if the Department of Correctional Services has behavioral and mental health treatment staff positions that are vacant for ninety days that the department use these funds to contract with private providers so that inmates are able to promptly receive behavioral and mental health treatment.
It is the intent of the Legislature that the Department of Correctional Services examine prison bed housing options for use before the Community Corrections Center Lincoln beds become available in FY2018-19. Such options may include modular housing and other immediate housing options to increase prison bed space in the immediate future. Additionally, the Department of Correctional Services shall examine such immediate housing options by the geographical areas of Omaha, Lincoln, and areas outside Omaha and Lincoln.
The unexpended General Fund appropriation balance existing on June 30, 2016, less certified encumbrances, in Program 389 - Adult Parole Administration, is hereby reappropriated to Agency No. 15 — Board of Pardons and Board of Parole, Program 358 - Board of Parole.
Source
- Laws 2015, LB598A, § 1;
- Laws 2015, LB605A, § 1;
- Laws 2015, LB657, § 162;
- Laws 2016, LB956, § 72.
