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LB 99

Limit use of restrictive housing and solitary confinement

109th Legislature (2025-2026) Introduced by Danielle Conrad and 1 co-sponsor

LB 99 caps restrictive housing to 15 days, limits solitary confinement, protects vulnerable inmates, and requires transition plans and annual reporting.

Title printed. Carryover bill
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Bill Summary · LB 99

Summary of Nebraska LB 99 (Limit use of restrictive housing and solitary confinement)

Purpose and intent

  • LB 99 proposes reforming Nebraska’s treatment and corrections system by redefining solitary confinement and tightening restrictions on restrictive housing.
  • The bill aims to reduce the use and duration of restrictive housing and to prohibit some harsh confinement practices, with an emphasis on more humane and monitored conditions.
  • It seeks to ensure that confinement is used only in the least restrictive manner consistent with maintaining order, and to provide structured transition plans back to the general population.

Key provisions

Redefinition and scope

  • Defines solitary confinement and restrictive housing within the Nebraska Treatment and Corrections Act:
    • Solitary confinement: confinement of an inmate in an individual cell with solid, soundproof doors that deprives the inmate of all visual and auditory contact with others.
    • Restrictive housing: confinement conditions with restricted movement, limited out-of-cell time, and restricted sensory contact, among other criteria.

Limits on restrictive housing

  • No inmate can be held in restrictive housing for more than 15 consecutive days.
  • Promotes least-restrictive placement and outlines processes to determine appropriate confinement levels.

Restrictions on single occupancy and double-bunking

  • Prohibits placing more than one inmate in a cell designed for a single inmate without written consent.

Vulnerable populations

  • No inmate who is a member of a vulnerable population (e.g., juveniles, pregnant individuals, or those with certain serious mental illnesses, developmental disabilities, or traumatic brain injuries) can be placed in restrictive housing, with specific exceptions for immediate segregation to protect safety. The bill supports alternative arrangements that emphasize treatment and mental health considerations.

Rules and regulations

  • Requires the department to adopt rules and regulations under the Administrative Procedure Act to implement levels of restrictive housing, individualized transition plans, and criteria for placement.
  • Requires individualized transition plans for each confinement level to guide return to the general population or society.

Reporting requirements

  • The director must issue an annual report by September 15 to the Governor and the Clerk of the Legislature (electronic to the Clerk), detailing:
    • The number of inmates held in restrictive housing.
    • Demographic information (race, gender, age) and duration of confinement for inmates in restrictive housing.
    • Other specified housing and confinement data (as outlined in the bill’s reporting sections).

Statutory amendments

  • Amendments to:
    • Section 83-170 (definitions and terms related to treatment and corrections).
    • Section 83-173.03 (restrictive housing standards, duration limits, and processes).
    • Section 83-4,114 (solitary confinement definitions, associated restrictions, and annual reporting).

Who is affected

  • Inmates within Nebraska’s correctional facilities operated by the Department of Correctional Services.
  • Facility administrators and staff responsible for housing decisions, classifications, and compliance with rules.
  • The department’s mental health and security operations, given the emphasis on vulnerable populations and transition planning.
  • The Legislature and Governor through annual confinement and demographics reporting.

Timeline and procedural notes

  • Introduced: January 10, 2025.
  • Hearing date: January 24, 2025 (Judiciary Committee, Chair Senator Carolyn Bosn).
  • The bill is classified as a legislative bill proposing statutory changes to treatment and corrections and would require standard rulemaking and implementation timelines if enacted.

Bottom line

LB 99 seeks to substantially curb the use of restrictive housing and solitary confinement in Nebraska, establish clearer confinement standards, protect vulnerable inmate populations, require structured transition planning, and improve oversight through annual reporting.

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

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