Restrictions on juvenile detention proposed

Members of the Judiciary Committee heard testimony Jan. 20 on a bill that would restrict the use of secure detention for juveniles.

Under LB675, introduced by Omaha Sen. Bob Krist, a juvenile could be detained only if he or she is considered a threat to the physical safety of others or at risk of failing to appear for court. The bill also would prohibit secure detention for juveniles 12 or younger.

Krist said the bill would help Nebraska align with national best practices.

“This bill makes good on work started by this committee in 2013 to get juveniles the right services at the right time,” he said. “We’ve all heard that [unnecessary] detention results in juveniles who are more likely to recidivate, less likely to graduate and more likely to end up in the adult [correctional] system.”

LB675 also would prohibit a juvenile’s placement into secure detention:
• to punish, treat or rehabilitate the juvenile;
• to permit more convenient administrative access to the juvenile;
• to facilitate further interrogation or investigation of the juvenile;
• to allow a parent or guardian to avoid his or her legal responsibility;
• to satisfy the demands of a victim, law enforcement or the community; or
• due to a lack of more appropriate facilities.

Placement of a juvenile at a youth rehabilitation and treatment center also would be restricted to matters of immediate and urgent necessity.

Corey Steel, state court administrator, supported the bill. He said it closely aligned with the best practices set forth by the Juvenile Detention Alternatives Initiative (JDAI).

“One of the fundamental premises of JDAI is that detention should be limited to juveniles that are deemed a safety risk or at risk of fleeing the jurisdiction [before their court date],” Steel said. “[LB675] would further enhance efforts by bringing Nebraska’s definition of detention in line with national practices.”

Amy West, representing the Nebraska chapter of the National Association of Social Workers, also supported the bill. She said it’s important to factor in the high rate of trauma experienced by many juveniles who have been detained.

“I’ve seen youths placed in detention for skipping classes, running from foster care placements and respectfully disagreeing with a judge about their best options,” West said. “If we hope to help young people learn from their mistakes, we have to acknowledge the rocky childhoods and community violence they’ve been exposed to.”

No one testified in opposition to the bill and the committee took no immediate action on the bill.