Nebraska Drug Test Law Shakes Up Prison Discipline Protocols

June 2025 — Lincoln, NE

Turns out, if you’re going to punish someone for a failed drug test, the test should probably be reliable. That’s the message behind Nebraska’s newly passed LB519, a law requiring prisons to offer independent confirmatory testing before disciplining inmates for drug or alcohol violations. Yes, that means no more relying on test strips that basically act like a mood ring for meth.

For years, the Nebraska Department of Correctional Services used quick field-testing kits—think at-home COVID tests, but for contraband—as the primary basis for disciplinary actions. No lab work. No second opinion. Just a little strip and a whole lot of consequences. Unsurprisingly, this sparked backlash after a 2023 Inspector General report warned that relying solely on these tests increased the risk of false positives and unjust punishments, including extra prison time.

In response, state lawmakers passed LB519 in May, and Governor Jim Pillen signed it into law shortly after. Under the new statute, Nebraska prisons must now offer inmates the opportunity for an independent test to confirm a positive result before imposing discipline. If the confirmatory test also returns positive, inmates will have to pay for it themselves. But if it clears them? That’s one less injustice—and one more reason to question past policies.

Spokesperson Dayne Urbanovsky confirmed the Department of Corrections will comply within 90 days, though specifics on implementation remain fuzzy. “We are reviewing the bill and its impact on our current procedures,” Urbanovsky said. It’s still unclear how many inmates might be affected—or whether past cases based solely on field tests will be reconsidered.

One such case has already made waves. In a May 15 hearing, inmate John Hyler-Quintero asked a judge to delay his appeal over drug discipline until it’s clear whether the new law could apply retroactively. The state’s attorney? He hadn’t read the bill yet.

This policy shift is part of broader prison reform efforts, including recent adjustments to parole eligibility rules. But make no mistake—LB519 directly addresses one of the simplest questions in any justice system: are we getting the facts right before we punish people?

Read the full story via the Lincoln Journal Star.