Commutation bill for juveniles serving life sentences stalls

A bill that would allow juveniles serving life imprisonment sentences to petition for a sentence commutation failed to advance from general file April 7.

Omaha Sen. Brenda Council introduced LB251, which originally would have increased court filing fees and costs. A Judiciary Committee amendment replaced the original bill on a 37-0 vote and would allow a person under 18 years of age who is sentenced to life imprisonment to petition the state Board of Pardons for a sentence commutation after serving at least 20 years.

Council said the area of the brain that plays a critical role in decision-making has not finished developing in juveniles, so their reasoning skills and impulse control are not as sharp as adults’.

“As science develops and we understand the differences of the juvenile mind, we see what juveniles are capable of doing without thinking,” Council said. “This bill is not a radical bill, it is a measured, balanced approach that recognizes the differences that exist between juveniles and adults.”

Under the amended bill, persons who entered custody prior to July 1, 1994, could submit a petition beginning in 2012. The board could consider a person who:
• was convicted of first-degree murder or of aiding and abetting another person in committing such act;
• does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense;
• committed the offense with at least one adult co-person;
• prior to the offense, had insufficient adult support or supervision and had suffered from psychological or physical trauma or significant stress;
• suffers from cognitive limitations due to mental illness, developmental disabilities or other factors that did not constitute a defense, but influenced his or her involvement in the offense;
• performed acts that tend to indicate rehabilitation or the potential for rehabilitation;
• has maintained family ties or connections through writing letters, phone calls or visits or has eliminated contact with individuals outside of prison who are involved with crime; and
• had no disciplinary actions for violent activities in the last five years in which he or she was determined to be the aggressor.

Omaha Sen. Brad Ashford, Judiciary Committee chairperson, spoke in support of the amendment.

“All this does is give a little more consideration to a person who has been sentenced to life in prison as a juvenile,” Ashford said.

Omaha Sen. Gwen Howard opposed the bill, saying “redemption is in the eye of the beholder.”

“Someone that commits cold blooded murder, no matter how old they are, should be facing the consequences,” Howard said. “When a family can petition us to get [the victim] back, that is when I will support this bill.”

Norfolk Sen. Mike Flood also opposed the bill, saying he questioned whether it would be constitutional to provide guidelines for the parole board to consider.

“I think that what [the bill] is asking us to do elevates a part of our system that is designed as a check and balance and takes it to a place where you are ignoring juries’ [decisions],” Flood said.

The bill failed to advance from general file on an 18-24 vote.