Gerald Johnson and Chester P. Cunningham

This is a declaratory judgment action to secure the benefits of Laws 1975, L. B. 567 (sections 83-170, 83-1,107 to 83-1,111, 83-1,118, and 83-1,126.01, R. S. Supp., 1975), retroactively. The trial court found that any attempt to apply L. B. 567 retroactively would be unconstitutional and void, and dismissed the petition. Plaintiffs prosecute this appeal. The only issue presented by this appeal is whether L. B. 567 may be applied retroactively. We find it may with the approval of the Board of Pardons, and reverse the judgment of the trial court. The facts were stipulated. Plaintiff Johnson was sentenced on November 29, 1972, to a term of 3 to 4 years in the Nebraska Penal and Correctional Complex, receiving credit for 86 days jail time. He was paroled on February 2, 1976, and at the time of trial was under the supervision of the Board of Parole. Plaintiff Cunningham was sentenced on May 15, 1973, to a term of 5 years in the Nebraska Penal and Correctional Complex, receiving 3 months credit for time spent in jail. At the time of trial he was an inmate of the penal complex.