Jason Witmer, policy fellow at ACLU Nebraska, speaks to the Legislature’s Judiciary Committee on Friday about Legislative Bill 99, which, among other things, would restrict the consecutive days an inmate could be isolated in restrictive housing. (Cindy Gonzalez/Nebraska Examiner)
LINCOLN — Jason Witmer has become a familiar face in the Nebraska Capitol, often testifying in suit and tie about state policies as a fellow for ACLU Nebraska.
On Friday his perspective turned personal, skipping remarks prepared for the Legislature’s Judiciary Committee to instead shed light on a lengthy prison stay — in which he spent many parts of his years there isolated “in the hole.”
“The act of isolation is an act of violence,” Witmer said of solitary confinement, noting the anger, physical and mental debilitation it breeds. He said he saw a man cover himself with feces, another who made himself bleed. “I don’t know how I beat the curve … I do get really emotional.”
State Sen. Ashlei Spivey of Omaha. (Zach Wendling/Nebraska Examiner)
The Nebraska native who served time through 2016 for a home-invasion robbery and a gang-related shooting was among a half-dozen people who testified in support of Legislative Bill 99, sponsored by State Sen. Ashlei Spivey of Omaha, which would limit restrictive housing during prison sentences to no more than 15 consecutive days.
2,000 days isolated
Solitary confinement or restrictive housing was the subject of a 2023 Office of Inspector General report that highlighted 42 Nebraska inmates spending over 180 days in isolation, and nine inmates spending more than 2,000 days.
Spivey’s bill proposes other prison reforms as well, including bans on restrictive housing for vulnerable populations and bans on double-bunking inmates in a cell designed for one, unless the prisoners consent.
The Inspector General also has warned against double-bunking, a practice that arose due to prison crowding and has led to lawsuits following two separate deaths.
Friday’s public hearing drew two opponents, including Rob Jeffreys, director of the Nebraska Department of Correctional Services, who registered a “strong” objection. He called the bill unnecessary and potentially dangerous.
Rob Jeffreys, head of the Nebraska Department of Correctional Services, speaks Friday to the Legislature’s Judiciary Committee in opposition to Legislative Bill 99. (Cindy Gonzalez/Nebraska Examiner)
He said that, on average, 3% of the total prison population is in restrictive housing, a slice he described as small. Furthermore, Jeffreys said, the 155 inmates in isolation today represent a 20% drop from the average of 193 throughout 2024.
Jeffreys said the flexibility to isolate dangerous inmates helps create a safe environment for prison staff and the inmate population.
“Just like in communities in which you all live, when crime is committed by a person, you have to remove that person from the community,” he said.
$6.3 million cost
Under LB 99, inmates in restrictive housing situations would need to be allowed to move outside of their isolated cells for at least two hours a day, as opposed to the one hour offered today.
Additional staffing for that change and additional programming space to accommodate safety is part of the estimated $6.3 million cost of the proposed legislation, according to a related fiscal analysis.
In addition to those who testified during Friday’s hearing, the Judiciary Committee received 32 written notes of support for LB 99, one in opposition and one taking a neutral stance.
Spivey thanked Witmer and another testifier for putting a human face to concerns that have been expressed by previous lawmakers, including then-State Sen. Tony Vargas of Omaha, and that she is now pushing forward with State Sens. Dunixi Guereca and Terrell McKinney, both of Omaha.
While she said she was happy that Witmer “made it out ok,” he is an anomaly, Spivey said.
Jason Witmer, policy fellow at the ACLU Nebraska speaks at a rally earlier this week in the Capitol rotunda. (Courtesy of Chad Green, ChadCRG Images)
“We have to be committed … to ensure that practices and policies that we set forth are not causing more harm,” she said.
Witmer said he strives to be positive, but that his isolation was not without adverse effects from periods in “the hole” and outdoor recreation hours in a place he called the “dog kennel.”
He described times of despair, deep anger, talking to himself. He watched friends in similar positions abuse drugs, lose jobs, go homeless.
“It certainly doesn’t help people adjust to the free world,” he said.
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