LINCOLN - The state needs a new prison to help remedy inmate overcrowding, Department of Corrections Director Scott Frakes said Thursday. A state law that requires the governor to declare an overcrowding emergency if the population exceeds 140% goes into effect July 1 and continues until the prisons are at 125% capacity. Frakes and Gov. Pete Ricketts interpret that law to mean they are allowed to work on it in earnest, but not required to do a mass release of prisoners.

The prisons have been over the 140% capacity since 2009, and in any of those years, the governor could have declared an emergency but hasn't. The law was changed in recent years to require the emergency declaration by July 1, 2020, if it existed.

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