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LB 640

Change calculation of a sentence reduction for good behavior during confinement in a jail

109th Legislature (2025-2026)

LB 640 requires the remaining term used to compute jail good-behavior reductions to include the sum of all consecutive sentences, starting after day 15 of confinement.

Approved by Governor on May 15, 2025
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Bill Summary · LB 640

Summary — LB 640 (2025)

Title: Change calculation of a sentence reduction for good behavior during confinement in a jail
Status: Approved by Governor (May 15, 2025)

Purpose

LB 640 amends Neb. Rev. Stat. § 47-502 to clarify and change how earned sentence reductions for good behavior in city and county jails are calculated. The bill was introduced in response to the Nebraska Supreme Court decision in Mullins v. Box Butte County and is intended to make clear that the “remaining term” used to compute good‑behavior reductions includes the aggregate of all consecutive sentences a person has, including any consecutive sentences imposed while the person is already serving a sentence or confinement.

Key provisions

  • Amends Section 47-502 (Reissue Revised Statutes of Nebraska).
  • Requires that, after the 15th day of confinement, a person confined in a city or county jail (including custodial sanctions for parole or probation violations) shall have the aggregate of his or her remaining term — explicitly including the sum of all consecutive sentences the person receives, whether received at the same time or at any time during such sentence or confinement — reduced by one day for each day of the sentence or sanction during which the person has not committed a breach of discipline or other violation of jail regulations.
  • Repeals the original version of Section 47-502.

Who is affected

  • Individuals confined in Nebraska city or county jails, including those serving custodial sanctions for parole or probation violations.
  • County and city corrections administrators who calculate and apply good‑behavior reductions.
  • Prosecutors, defense counsel, and courts insofar as sentencing and post‑sentence confinement practices and calculations are concerned.

Practical impact

  • Clarifies that consecutive sentences imposed while a person is in confinement count toward the “remaining term” for calculating earned day‑for‑day reductions, which may increase or clarify the amount of time an incarcerated person can earn off the aggregate term for good behavior.
  • May change release dates where additional consecutive sentences are imposed during confinement, affecting jail population management and county correctional operations.
  • Removes legal ambiguity created by the Mullins decision and standardizes computation across cases.

Legislative/Procedural timeline

  • Introduced: January 22, 2025 (Judiciary Committee)
  • Hearing: February 13, 2025 (advanced from committee)
  • Passed Final Reading: May 14, 2025 (vote 47–2–0)
  • Presented to Governor: May 14, 2025
  • Approved by Governor / Became law: May 15, 2025

Support and opposition

  • Proponents at committee: Lancaster County Dept. of Corrections, Nebraska Criminal Defense Attorneys Association, Nebraska State Bar Association, Douglas County Board of Commissioners.
  • No recorded opponents in committee testimony.

Compiled from official sources — confirm details with the bill’s official record.

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