Nebraska Attorney General challenges LB50 criminal justice reform bill, arguing it violates separation of powers by encroaching on executive clemency power.

The Nebraska Attorney General's constitutional challenge of the criminal justice reform bill, LB50, is currently being considered by a Lancaster County judge. The Deputy Solicitor General, Zach Viglianco, argued that at least a portion of the bill violates the separation of powers, as it represents a legislative commutation, which is an unconstitutional exercise of the clemency power reserved for the executive branch and the Board of Pardons. The bill focuses on parole eligibility requirements that would allow some inmates currently serving their sentences to become eligible for parole earlier, with lawmakers intending for the law to apply both retroactively and going forward.

January 28, 2024
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