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.”

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.

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

The projected cost of LB 99, according to a fiscal analysis, is $6.3 million next year for staffing and additional programming space to accommodate safety. The Judiciary Committee did not take any action yet on whether to advance the bill to debate by the full Legislature.

In addition to those who testified during Friday’s hearing, the committee received 32 written notes of support for LB 99, one in opposition and one taking a neutral stance, said State Sen. Carolyn Bosn of Lincoln, committee chair.

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.

She and others noted that most inmates will return at some point to their communities and the hope is that they are productive citizens and not a danger to others or themselves.

“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.

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2025/01/25/prisoner-turned-policy-wonk-give...