Judiciary

Bill would give judges more authority over juveniles probation terms

The Judiciary Committee heard testimony Feb. 24 on a bill that would give the Juvenile Court more authority over a juvenile’s probation conditions.

LB670, introduced by Norfolk Sen. Mike Flood, would allow the Juvenile Court to order a juvenile placed on probation to:
• obtain employment, attend school or pursue a prescribed course of study and obey the rules where such education is provided;
• attend or reside in an institution or facility established for the instruction, recreation, staff secure detention or residence of juveniles;
• complete any problem-solving court program, including any sanctions imposed;
• refrain from using alcohol or drugs and submit to testing for the presence of alcohol or drugs;
• participate in any evaluations, offender assessment screens and rehabilitative treatment;
• perform community service under the direction of his or her probation officer;
• be placed on house arrest or curfew monitored by tracker or electronic surveillance device and, if the juvenile has the financial ability, pay the cost of the device;
• pay for all costs imposed by the court if the juvenile has the financial ability;
• comply with any sanctions imposed by the court which are to take effect upon the violation of a condition of probation by the juvenile;
• pay restitution for any property stolen or damaged or for any medical expenses incurred if the juvenile has the financial ability; and
• remain within the jurisdiction of the juvenile court, report to the court or probation officer as directed, notify the court or probation officer of any change in address, employment or school program, permit a probation or law enforcement officer to visit the home, school or place of employment, submit to any searches requested by a law enforcement or probation officer and agree to waive extradition if found in another jurisdiction.

According to the bill’s statement of intent, the bill would provide the Juvenile Court with specific statutory authority to fashion a more meaningful probation order and insure that the juvenile will lead a law-abiding life.

Judge Ross Stoffer of the 7th Judicial District testified in support of the bill.

Stoffer said current law does not specifically allow judges to determine the terms and conditions of a juvenile’s probation.

“We need clarification on things we are already doing,” he said.

The committee took no immediate action on the bill.

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