A man first found guilty of murder, and then not guilty by reason of insanity, has been held at the Nebraska Regional Center since 1979.
Erwin Charles Simants in 1975 killed six members a family near Sutherland. He sexually assaulted two of the young female victims.
After a recent review by several state and defense psychologists, they all agreed that Simants is now mentally sound which means he could be released from custody.
Attorney General Jon Bruning is hoping at a hearing later this month the judge will rule that Simants needs to stay behind bars and his office will do its best to make sure that happens.
Simants has been at the Nebraska Regional Center since his retrial in 1979 where he was found not guilty by reason of insanity. Officials say Simants, now 67, has been a model inmate at the Regional Center for the past 35 years.