BEATRICE – The new Chief Justice of the Nebraska Supreme Court gave his first State of the Judiciary Address to state lawmakers Tuesday.


Judge Jeffrey Funke, who has been on the high court, was elevated to Chief Justice, taking over for Judge Mike Heavican, who retired.


Funke noted several areas of progress made in the judicial system, acknowledging that more needs to be done in some areas.


"Even though our state's crime rate has decreased, our rate of incaceration has increased. We continue to have one of the most overcrowded prison systems in the United States. These criminal justice reinvestment efforts identified a need to divert less serious felons from prison, and place them on probation."


The result is that probation is supervising more people that are likely to offend again and who are harder to rehabilitate.  "Our probation officers are educated and trained in evidence-based practices, focused on behavioral change. The success of these strategies requires a high degree of involvement with families, service providers, employers and community members."


Funke said the average cost of incarcerating someone in the state’s prison system remains at $41,000 per person, per year….while probation cost is $3,500 for each person, per year. Around 1,300 people on average, are on post-release supervision in Nebraska.


Funke said juvenile probation for the past several years has been operating under the judiciary, no longer the executive branch of government.  "We have cut the rate of out-of-home placement nearly in half. On any given day in Nebraska, nearly 2,700 youth are on juvenile probation. In executing it's duties, Nebraska juvenile probation had become a nationwide leader in juvenile justice...and our results exceed national standards."


The Chief Justice acknowledged the more support is needed for public guardianship in the state, to hire more guardians and reduce a wait list. Despite technological improvements in the court system, Funke said success is impaired by an outdated case management system.  A review of the entire system has begun, supported by a $1.7 million grant. Funke said he is concerned about an overall lack of behavioral health services.


"The lack of treatment options means our citizens are not getting the care that they need, which reduces their chances for stability and recovery."  The Chief Justice said a shortage of providers and low reimbursement rates negatively impact sentencing options for judges.


Funke also said it’s essential that the Judiciary receive adequate funding in the next biennium, to sustain improvements that have been made. He said using existing funds for that purpose, means support is growing thin.