Nebraska prison officials discover 7 more miscalculated sentences

LINCOLN — The Nebraska Department of Correctional Services said Tuesday that a review — prompted by a court decision this summer involving a man who had been held more than two months past his release date due to an error about how to apply jail credit — led them to discover seven more people who were held in prison beyond their release dates.

"Our team is committed to working proactively alongside the Attorney General's Office to ensure the appropriate application of jail time credit," NDCS Director Rob Jeffreys said in a press release.

He said the Corrections Department takes advantage of every opportunity to improve its processes, "and this court decision was no different."

Jeffreys was referring to a decision July 19 in Dallas Waters' case.

The Omaha man filed a petition asking a judge in Lancaster County, where he was serving his prison sentence, to release him.

Waters said the prison hadn't given him appropriate jail credit for time he served before he was sentenced.

On March 22, a Douglas County district judge sentenced Waters to one year of imprisonment in each of four cases, all concurrent, on attempted theft charges, shoplifting and driving on a revoked license.

But the sentence provided for different jail-time credits in each case, ranging from two days to 130.

NDCS calculated his tentative release date as Sept. 28, which prompted his court filing. Waters said he believed his release date should have been May 26 with the jail credit and good time, which roughly cuts a sentence in half.

Lancaster County District Judge Kevin McManaman ordered the prison to show cause why a court order shouldn't be issued granting Waters his release.

But, a day before the July 17 hearing, the prison discharged Waters, agreeing that his discharge date had been erroneously calculated and, in fact, he should have been released May 13.

In the order that followed, McManaman said: "It appears this unique and complex sentencing structure contributed to NDCS's apparent miscalculation of Mr. Waters' sentences."

Because Waters was released, the matter was considered moot.

But Tuesday, General Counsel Ryan Gilbride said: "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."

So far, they have reviewed all individuals with a tentative release date this year or next year. Of the 1,437 sentences reviewed, seven resulted in immediate discharges.

Jeffreys said that, moving forward, NDCS will begin reviewing tentative release dates for 2026 using the same process.