Confinement limits proposed for juvenile offenders
The use of solitary room confinement for juvenile offenders would be limited under a bill heard by the Judiciary Committee Jan. 20.
LB845, introduced by Lincoln Sen. Patty Pansing Brooks, would require that solitary room confinement of more than two hours be documented in writing and approved by a supervisor in the juvenile detention facility. Confinement of more than three hours also would be documented in writing and approved by the head of the juvenile detention facility.
Pansing Brooks said a 2010 study by the U.S. Department of Justice called for an end to excessive isolation of juveniles as it could be considered cruel and unusual punishment.
“We’re all aware of the potential negative effects of solitary confinement on adults and juveniles, including depression, anxiety and even psychosis,” she said. “[The Legislature] has the authority to pass and amend laws that potentially confine juveniles. It’s our responsibility to know what happens to those juveniles once they’re confined.”
Each facility employing solitary room confinement would be required to document the race, ethnicity, age and gender of each juvenile placed in confinement. An explanation of why less restrictive means were not successful, the length of time confinement was used and any incidents of self-harm or suicide also would be included in the documentation.
The bill requires that a quarterly report be provided to the Legislature, beginning Sept. 30, 2016.
Juliet Summers, representing Voices for Children, spoke in favor of LB845. She said teenagers need healthy social environments to grow into healthy adults.
“All youth in the juvenile justice system are entitled to rehabilitative services and recovery,” Summers said. “Clear reporting requirements on the use of isolation, if it is being used in facilities that house juveniles, is a sensible first step toward reform.”
Jacob Rusher, who experienced solitary confinement at a juvenile detention center, also testified in favor of the bill.
“Being in solitary was really hard because you don’t see anyone. You don’t have interaction with anyone else besides someone barking orders at you,” he said. “It was haunting to hear 14- and 15-year-olds crying out for their moms [while in solitary confinement].”
Roger Lott, a lawyer in Lincoln, supported the bill, saying that youth who enter the juvenile justice system need understanding and compassion, not isolation.
“Data tells us that 96 percent of youth in the juvenile justice system had experienced severe trauma in the past before they came into the system,” Lott said. “Simply having children isolated from other people is something they do not understand and makes it very hard for them to do things they need to do in order to rehabilitate themselves and their future.”
LB845 directs the Inspector General of Nebraska Child Welfare to review all data collected from juvenile detention facilities and prepare an annual report of its findings. The Inspector General also would identify potential changes in policy and practice that could result in decreased use of solitary room confinement for juveniles.
No one testified in opposition to the bill and the committee took no immediate action on it.
