Nebraska prisons use "restrictive housing" for solitary confinement -- and the numbers from the Nebraska Office of Inspector General (OIG) make the scope of the problem concrete. A 2023 OIG report on NDCS restrictive housing practices found 42 inmates spending more than 180 days in isolation and 9 inmates spending more than 2,000 days -- more than five and a half years -- in restrictive housing. As of early 2025, approximately 155 people were in restrictive housing, representing about 3% of Nebraska's prison population.
A reform bill -- LB 99, introduced by Omaha Sen. Ashlei Spivey in 2025 -- would cap restrictive housing at 15 consecutive days and ban it for vulnerable populations including youth, pregnant people, and people with serious mental illness. NDCS Director Rob Jeffreys opposed the bill, calling it "unnecessary and potentially dangerous." The bill remained pending in the Judiciary Committee as of January 2025. LR 247 (introduced May 2025) called for an interim legislative study to examine the continued use of restrictive housing and solitary confinement in Nebraska's correctional facilities.
Nebraska also has an unusual and documented problem: double-bunking in restrictive housing -- placing two people in a cell intended for isolation -- which has led to deaths and six-figure settlements.
What Solitary Confinement Is Called in Nebraska
The Nebraska Department of Correctional Services (NDCS) uses "restrictive housing" (RH) as its official term. NDCS regulations (Nebraska Administrative Code Title 72, Chapter 1) define restrictive housing as housing that provides:
- Limited contact with other inmates.
- Strictly controlled movement while out of cell.
- Outside-of-cell time of less than 24 hours per week.
This last point is significant: Nebraska's regulatory definition caps out-of-cell time at less than 24 hours per week -- which is approximately 3.4 hours per day or less.
Types of restrictive housing in Nebraska include:
- Administrative restrictive housing: Non-punitive placement for safety or security reasons, without a prior hearing.
- Disciplinary restrictive housing: Punitive placement following a disciplinary hearing and finding of guilt, with a defined term.
- Protective custody: Separation for the person's own safety.
- Immediate segregation: Short-term emergency placement pending a hearing.
The Annual Restrictive Housing Report
NDCS publishes an annual Restrictive Housing Report, required by state statute. The FY2024 report (published September 15, 2024) includes data on restrictive housing population, demographics, duration, and mental health status. These reports are publicly available at corrections.nebraska.gov.
Key data points from the 2023 OIG report and related reporting:
- 42 inmates in Nebraska restrictive housing spent more than 180 consecutive days in isolation.
- 9 inmates spent more than 2,000 consecutive days -- more than 5.5 years.
- As of January 2025: 155 people in restrictive housing (down 20% from a 2024 average of 193).
- ~3% of Nebraska's prison population is in restrictive housing at any given time.
Double-Bunking in Restrictive Housing
One of the most documented problems in Nebraska's restrictive housing system is the practice of placing two people in a cell designed for isolation -- "double-bunking." This creates a situation where people in restrictive housing (already in highly restricted conditions) are confined with another person without meaningful protection from assault.
NDCS policy states that double-bunking "provides each cellmate with reasonable safety from assault" but explicitly clarifies that "reasonable safety shall not be understood to require a guarantee of absolute safety."
Deaths have resulted from double-bunking in Nebraska restrictive housing:
- 2017: Death of a person in a double-bunked restrictive housing cell.
- 2020: A second death under similar circumstances.
- 2022: A third death in a long-term restrictive housing cell where another prisoner had been moved in. The OIG published investigation findings about this case in November 2024. The 2022 case was still in litigation as of 2025.
- The 2017 and 2020 cases combined cost the state $895,000 in settlements.
LB 99 (2025) would have addressed double-bunking by requiring written voluntary consent for any double-bunked placement and proposing a 15-day consecutive cap on restrictive housing. NDCS Director Jeffreys told the Judiciary Committee that with limited cell space and more inmates than cells, someone will always have to double-bunk.
Who Can Be Placed in Restrictive Housing in Nebraska
Administrative restrictive housing is a classification decision that can be made without a prior hearing when a person poses a safety or security threat or pending investigation. Disciplinary restrictive housing requires a disciplinary hearing and finding of guilt.
There is no Nebraska statute specifically prohibiting placement of people with serious mental illness, pregnant people, or youth in restrictive housing (for adult prisons), though LB 99 proposed such a ban. The NDCS annual report tracks mental health status of people in restrictive housing.
The Challenge Program
NDCS introduced The Challenge Program (TCP) in September 2017 as a cognitive-based, non-clinical intervention program that begins in restrictive housing and continues in a structured non-restrictive housing environment. TCP targets people who have demonstrated serious violence in NDCS facilities or who have orchestrated violence while in NDCS custody. It is designed to provide a pathway out of restrictive housing.
OIG and Oversight
Nebraska's OIG (Office of Inspector General) was created in 2015 following a 2013 incident in which a man released directly from solitary confinement to the community committed a violent act, prompting a legislative investigation of NDCS. The OIG provides an important oversight function for NDCS conditions.
In August 2023, the Nebraska Attorney General issued an opinion questioning the constitutionality of the laws governing the OIG's powers, and OIG staff lost access to NDCS facilities, people, and information. In February 2024, the Legislature and Executive Branch signed a memorandum of understanding that partially restored the OIG's access. This episode highlights the fragility of oversight in Nebraska's system.
What Families Can Do
If your person is in restrictive housing in a Nebraska state prison:
Find where your person is housed. NDCS provides an offender search at corrections.nebraska.gov. This confirms current facility and housing status.
Contact the facility. Each NDCS facility has administrative staff. Contact the warden's office or classification department to confirm your person's current housing status and reason for restrictive housing.
Review the annual report data. NDCS publishes annual Restrictive Housing Reports at corrections.nebraska.gov. These provide system-wide data on population, duration, and demographics that help contextualize your person's placement.
Know the double-bunking risk. If your person is in restrictive housing and you learn they have been double-bunked (placed with another person in a restrictive housing cell), document this. NDCS policy requires a safety assessment before double-bunking, but past deaths demonstrate this process has failed. If you have concerns about your person's safety with their cellmate, contact the facility warden immediately and document the contact.
Document duration. Nebraska has no statutory duration limit for administrative restrictive housing. If your person has been in restrictive housing for more than 180 days, the OIG's own data identifies them as part of a population of concern. Document start dates and raise this through the grievance process.
File a grievance. NDCS has an administrative grievance process. Help your person file formal grievances for conditions violations, double-bunking safety concerns, or denial of mental health care.
Contact ACLU Nebraska. ACLU Nebraska (aclune.org) has been active in NDCS conditions advocacy and testified in support of LB 99. They may be able to provide referrals and information.
Contact Disability Rights Nebraska. Disability Rights Nebraska (drne.org) has advocated for restrictions on restrictive housing for vulnerable populations and may be able to provide referrals.
Seek legal help. If your person has been double-bunked in restrictive housing and is in a situation raising safety concerns, if they have a serious mental illness without adequate care, or if they have been in restrictive housing for an extended period without meaningful review, consult a prisoner rights attorney familiar with Nebraska federal courts.
Frequently asked questions
What is solitary confinement called in Nebraska prisons?
NDCS uses "restrictive housing" (RH). Nebraska Administrative Code Title 72, Chapter 1 defines RH as housing with limited contact with other inmates, strictly controlled movement outside the cell, and outside-of-cell time of less than 24 hours per week. Types include administrative restrictive housing (non-punitive), disciplinary restrictive housing (post-hearing sanction), protective custody, and immediate segregation.
What did Nebraska's 2023 OIG solitary report find?
The 2023 OIG report on NDCS restrictive housing found 42 inmates spending more than 180 consecutive days in isolation and 9 inmates spending more than 2,000 consecutive days (more than 5.5 years) in restrictive housing. As of early 2025, 155 people were in restrictive housing, down 20% from an average of 193 in 2024. NDCS also publishes annual Restrictive Housing Reports at corrections.nebraska.gov with population, duration, and demographic data.
Who can be placed in restrictive housing in Nebraska?
Administrative restrictive housing is a classification decision without a prior hearing for safety or security concerns. Disciplinary restrictive housing requires a disciplinary hearing and finding of guilt. There is no Nebraska statute specifically prohibiting placement of people with serious mental illness, pregnant people, or youth in adult prison restrictive housing. LB 99 (2025) proposed such bans but had not advanced as of early 2025.
What are conditions like in Nebraska restrictive housing?
NDCS regulations define restrictive housing as providing less than 24 hours of out-of-cell time per week. Conditions include limited contact with other inmates, strictly controlled movement, and standard food and basic services. Double-bunking (placing two people in a restrictive housing cell) is an additional documented problem, having contributed to deaths in 2017, 2020, and 2022. The Challenge Program (TCP) provides a cognitive intervention pathway starting in restrictive housing.
How long can someone stay in solitary in Nebraska?
Nebraska has no statute limiting the duration of administrative restrictive housing. The 2023 OIG report documented 9 inmates spending more than 2,000 days in restrictive housing. Disciplinary restrictive housing has a defined term set at the hearing. LB 99 (2025) would cap restrictive housing at 15 consecutive days; it had not advanced as of early 2025.
What is the double-bunking problem in Nebraska solitary?
NDCS places two people in restrictive housing cells due to overcrowding. NDCS policy requires a safety assessment before double-bunking and states "reasonable safety" must be provided, but explicitly says this does not guarantee absolute safety. Deaths occurred in double-bunked restrictive housing cells in 2017, 2020, and 2022. The 2017 and 2020 cases settled for a combined $895,000. The 2022 case was still in litigation as of 2025. LB 99 would have required written voluntary consent for double-bunking.
Are mentally ill prisoners protected from solitary in NE?
Nebraska has no statute specifically prohibiting restrictive housing for people with serious mental illness in adult prisons. NDCS tracks mental health status in its annual Restrictive Housing Reports. LB 99 (2025) proposed banning restrictive housing for people with serious mental illness, developmental disabilities, or traumatic brain injuries; it had not advanced as of early 2025. Disability Rights Nebraska has advocated for such protections.
What is Nebraska LB 99 and what would it do?
LB 99 (introduced January 2025 by Sen. Ashlei Spivey) would cap restrictive housing at 15 consecutive days, prohibit double-bunking without written voluntary consent, and ban restrictive housing for vulnerable populations including youth under 18, pregnant people, and people with serious mental illness, developmental disabilities, or traumatic brain injury. NDCS Director Jeffreys opposed it. The Judiciary Committee had not advanced the bill as of January 2025 reporting. LR 247 (May 2025) called for a legislative interim study of restrictive housing use.
Can families visit someone in Nebraska restrictive housing?
Visiting is typically restricted during restrictive housing. Contact the specific NDCS facility directly to confirm current visiting rules before traveling. NDCS facility contact information is at corrections.nebraska.gov. Written mail generally retains stronger protections than phone or visits during restrictive housing.
What can families do if someone is in Nebraska solitary?
Use the NDCS offender search at corrections.nebraska.gov to find your person. Contact the facility to confirm housing category and reason for placement. Ask whether your person is double-bunked and document safety concerns if so. Know that NDCS publishes annual Restrictive Housing Reports -- the system-wide data provides useful context. File grievances through NDCS's process for conditions violations. Contact ACLU Nebraska (aclune.org) or Disability Rights Nebraska (drne.org) for advocacy support. If your person has been in restrictive housing for an extended period without review, or is double-bunked in unsafe conditions, consult a prisoner rights attorney. ---