Executive Members from Gov. Pillen’s Team Meet with Judiciary Committee Today  

LINCOLN, NE – This afternoon, executive members of Governor Jim Pillen’s administration are having an in-person meeting with the Legislature’s Judiciary Committee about the utilization of the Work Ethic Camp (WEC) in McCook for housing criminal illegal detainees. The briefing was arranged at the request of Senator Carolyn Bosn, committee chairperson. In addition to committee members, attendees include Lieutenant Governor Joe Kelly, Chief of Staff Dave Lopez, representatives of the Governor’s Policy and Research Office including Director Kenny Zoeller and Director Rob Jeffreys of the Nebraska Department of Correctional Services (NDCS).

“I appreciate Sen. Bosn’s invitation to provide additional information about the critical use of this facility and its role in keeping Americans safe and secure, as well as the timeline for using WEC as a detention center and other details that will assist with that purpose,” said Gov. Pillen.

Today’s discussion, specifically, will focus on questions that were provided in a letter drafted by Democratic senators to the Judiciary Committee. Answers to each of those sets of questions are provided below:

What authority does the Governor have to enter into an agreement with DHS (Department of Homeland Security) to convert a state prison into an ICE detention facility?
Authority to engage in this partnership with DHS is provided through the creation of the Department of Correctional Services, under the purview of the executive branch in Neb. Rev. Stat. §83-171; as well as Article IV-6 of the state constitution, which expressly states that supreme executive power rests with the Governor.

NDCS will enter into an Intergovernmental Service Agreement (IGSA) with DHS, which will designate the WEC as an IGSA facility, whose sole function is to house ICE detainees.

What authorization does the NDCS have to house ICE detainees?
The authority is provided through Neb. Rev. Stat. §83-171, which calls for NDCS to: (1) Maintain and administer facilities required for the custody, control, correctional treatment and rehabilitation of persons committed to the department and for the safekeeping of such other persons as may be remanded to the department in accordance with law.

What impact does this agreement have on Nebraskans who are incarcerated and front-line staff of NDCS which is already struggling with overcrowding and staffing issues?
Inmates currently housed at WEC will be transitioned to other facilities within NDCS, appropriate to their custody level.

Currently, there are 168 inmates at WEC, some of whom will be discharged, will be placed on parole or will transfer to other correctional facilities, by the time the facility is ready to house ICE detainees. It will take approximately 45-60 days to transition all remaining WEC inmates to other facilities.
At present, the facility is at 84% of bed capacity. Additional housing space will be created at WEC to accommodate detainees. In addition to reopening the housing units at the Penitentiary, 96-beds are being added at the Reception and Treatment Center (RTC), thereby providing additional system-wide space.

NDCS has a vacancy rate of 4.9% among its protective service ranks. Those are staff members who have day-to-day contact with and supervision over inmates. WEC has had, and continues to have, a low vacancy rate which currently stands at 3.7% among protective service personnel.

What impact will this agreement have on NDCS workers? Will they be reassigned to work at other facilities? Will they be trained to work at the converted facility? Will there be federal officials working at the converted facility? Will federal officials replace or supplement current staff at WEC?
Through the Intergovernmental Service Agreement (IGSA), WEC will continue to be a state-owned and operated facility. Public servants currently assigned to WEC will remain. In addition to all training required through NDCS, WEC staff members will receive orientation specific to ICE standards. It is anticipated that federal compliance personnel will have an on-site presence, though this will ultimately be determined at the federal level.

Where will the incarcerated Nebraskans be moved to? How does the recent significant damage, and forced relocation of inmates at the Nebraska State Penitentiary impact the relocation? What impact will the relocation have on Nebraskans programming and eligibility for parole?
It is anticipated that restoration of the two housing units damaged at the Nebraska State Penitentiary will be completed in mid-September. Inmates will be assigned to those beds and inmates at McCook will begin the process of transitioning to housing locations throughout NDCS, appropriate to their custody level including the Penitentiary, RTC and the community corrections centers in Lincoln and Omaha. It will take approximately 45-60 days to transition all remaining WEC inmates to other facilities.

NDCS will make every effort to ensure that the transition process does not interrupt the flow of program administration. There will be no impact to parole eligibility or the scheduling of parole hearings.

Who will be detained or placed at the converted ICE detention facility?
Based on federal guidelines for ICE detention facilities, detainees are housed according to their classification level. Given the classification of inmates currently assigned to WEC, only Level 1 offenders will be housed in the facility. That would include detainees with minor criminal records and nonviolent felonies. Detainees who have felony convictions which include acts of violence or have aggravated felony convictions would not be eligible.