NDCS takes proactive action to ensure jail time credit is applied appropriately

September 17, 2024 (Lincoln, Neb.) – Based on a recent court decision regarding jail time credit, the Nebraska Department of Correctional Services (NDCS) has taken a proactive approach to evaluating the application of jail time credits to sentences.

“In corrections, we take advantage of every opportunity to improve our processes and this court decision was no different,” said NDCS Director Rob Jeffreys. “Our team is committed to working proactively alongside the Attorney General’s Office to ensure the appropriate application of jail time credit.”

In the Dallas Waters v. Rob Jeffreys case, which was decided on July 19, 2024,  the Lancaster County District Court considered a “unique and complex sentencing structure” presented by an individual who had multiple concurrent sentences of the same length with the same sentence begin date, but with varying amounts of jail time credit awarded in each sentence. The Court recognized that this complex sentencing structure “contributed to NDCS’s apparent miscalculation of Mr. Waters’ sentences.” As a result, the longest jail time credit should be applied in this situation. 

“The Department is now carefully reviewing offender sentences with the assistance of the Attorney General’s Office regarding other inmates potentially affected by this unique and complex sentencing structure,” said General Counsel Ryan Gilbride.

NDCS has already reviewed all individuals with a tentative release date (TRD) in 2024 and 2025. Of the 1,437 individual sentences reviewed so far, seven resulted in immediate discharges. Moving forward, NCDS will begin reviewing TRDs for 2026, using the same process.