The Nebraska Supreme Court has upheld the constitutionality of Legislative Bill 50 (LB50), a significant piece of criminal reform legislation enacted in 2023. The decision, issued last Friday, marks another chapter in Nebraska’s recent series of criminal justice reforms. LB50 has been under scrutiny after State Attorney General Michael Hilgers raised concerns that its provisions infringe upon the executive branch’s authority to issue commutations—a role he argues should remain exclusively with the Board of Pardons.
The contention largely focused on LB50’s retroactive expansion of parole eligibility, which operates alongside the state’s “good time” provisions. This “good time” mechanism allows the reduction of sentences for parolees exhibiting good behavior. Hilgers argued that these reforms effectively act as commutations, an overreach into executive territory. However, according to the Nebraska Supreme Court’s opinion, modifying these provisions could violate the due process rights of prisoners sentenced under previous standards.
In addition to challenging good time extensions, Hilgers opposed the geriatric parole provision within LB50, permitting parole eligibility for individuals over 75 who have served at least fifteen years. The court maintained that while this provision must be considered, the Board of Parole retains discretion over its application. The provision has since been integrated into Nebraska law.
The court’s ruling is poised to impact over 1,700 people. As a result of LB50 being upheld, 529 individuals will have an advanced parole eligibility date, 929 parolees will see earlier parole dates materialize, and 345 will become eligible for parole for the first time. More details can be found on the JURIST website.