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New regulation will limit window to appeal executions

Even though the voters reinstated capital punishment, the struggle is not ended.

The Department of Correctional Services has modified the execution protocol, attempting to make it easier to carry out executions. The final regulation approved by Attorney General Peterson and Governor Ricketts allows the Director of Correctional Services to decide what drugs to use for the lethal injection procedure, rather than specifying the drugs in advance. The inmate to be executed will be informed only 60 days before the execution date, allowing minimal time to file any appeal. The regulation as approved will be posted on the Secretary of State’s website, but as of this writing, it was not yet available.

Proposed bill would conceal source of lethal injection drugs

Corrections staff had originally proposed that the names of manufacturers and suppliers of the drugs used would be kept secret. At a hearing on December 30, many individuals and organizations, including NADP, the ACLU of Nebraska, Amnesty International and other partners, voiced strong opposition to this, arguing that the State’s business must not be conducted in secret. The provision was removed in the final version.

However, a similar provision has been introduced in the Unicameral. LB 661, introduced by Sen. Kuehn (LD 38, Minden) has been referred to the Government, Military and Veterans Affairs Committee. This bill would make the identities of manufacturers and suppliers of drug used for executions secret. A public hearing is scheduled for Thursday, February 9, 1:30 pm, in Capitol Room 1507. You can download the text here. NADP will join with ACLU of Nebraska and others in opposing this bill. Please contact your senator, and the members of the Government, Military and Veterans Affairs Committee, to voice your opposition.

Thank you again and again for your action, your support, and your continuing involvement! We will keep working to be sure that no one is executed in Nebraska.