Corrections Director defends legality of stay-at-home program; denies Gov. and AG knew
By Fred Knapp , Reporter/Producer Nebraska Public Media
Oct. 21, 2014, 5:29 a.m. ·
The director of Nebraska’s Department of Correctional Services says contrary to a former Corrections’ attorney’s opinion, he did have the authority to create a program to let inmates released too early remain at home. At the same time, Director Mike Kenney says he never met with Governor Dave Heineman or Attorney General Jon Bruning about the program.
The statements by Corrections Director Mike Kenney are the latest development in the Legislature’s investigation into problems in how Nebraska’s prison system is run.
Testifying to the committee Oct. 10, Kenney acknowledged that former Corrections lawyer George Green told him the program letting early-released inmates stay in their home was illegal. But Tuesday, Kenney sent the committee a letter saying he thinks he did have the authority to create the program.
Kenney’s letter cites a state law that says the director can designate as a place of confinement “any available, suitable, and appropriate residence facility or institution, whether or not operated by the state.” In an interview with NET News, Kenney says when he testified before the committee headed by Omaha Sen. Steve Lathrop, he kept getting interrupted and didn’t get to make that point.
“I thought the purpose of hearings was for neutral hearing officers to absorb and solicit information and then make a decision. It really didn’t feel like that, and I didn’t get a chance to say all of the things that I’m saying in this letter,” he said.
At the same time, Kenney repeated that neither Gov. Dave Heineman nor Attorney General Jon Bruning met with him to approve the so-called Temporary Alternative Placement, or T A P program, that allowed inmates who were released too early to remain in their homes. Kenney said the same thing in the hearing. But he said Tuesday, “Candidly, the committee I don’t think believed me. I think they believed that somehow I had involved both the governor and the attorney general in developing this. And that absolutely is not the case.”
According to Lathrop, notes written by former Corrections lawyer George Green say when Green told Kenney the T A P program was illegal, Kenney replied that Bruning and the governor had been in the room when decisions on it were made.
Lathrop declined comment on the letter from Kenney, and another one from Heineman Tuesday that also said the governor was unaware of the T A P program before Kenney’s testimony. Lathrop said he wants to avoid politicizing the issue, and repeated that he looks forward to hearing the governor’s testimony on Oct. 29. NET plans to televise the governor’s testimony to the legislative committee starting at 9 a.m. Oct. 29. It will also be streamed live on netnebraska.org.