Judiciary

Procedures for juvenile offenders advanced

Lawmakers gave first-round approval March 24 to a bill relating to the treatment of juveniles charged with certain crimes.

Under LB482, introduced by Omaha Sen. Bob Krist, juveniles charged with running away or being uncontrollable or truant would not be fingerprinted or placed in a juvenile detention facility or out-of-home care unless certain factors exist.

The bill also would require a county attorney to make reasonable efforts to refer juveniles and family to community-based resources and would prohibit juveniles from being restrained during court proceedings, unless certain conditions exist.

Krist said the bill is aimed at youth who commit status offense infractions—such as skipping school or disobeying their parents—that do not pose a risk to public safety. Because of the high risk of those youth to reoffend, he said, it is important to exhaust all community-based treatment options before out-of-home placement is considered.

“Our focus is to work with juveniles in the home and the community,” Krist said. “We’re talking about kids. We’re talking about their futures.”

A Judiciary Committee amendment, adopted 28-0, outlined the conditions necessary for restraints to be used on a juvenile appearing in court. These include situations in which a juvenile presents a substantial risk of flight from the courtroom or has a history of disruptive courtroom behavior that has placed others in potentially harmful positions.

Senators advanced the bill from general file on a 32-0 vote.

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