Bill would lower age for detaining, charging youth as adults

A measure that would reduce the age at which juveniles in Nebraska may be prosecuted as adults and placed in detention was discussed by the Judiciary Committee March 13.

LB556, introduced by Ralston Sen. Merv Riepe at the request of Gov. Jim PIllen, would lower the minimum age at which a juvenile may be charged in adult court for serious felonies from 14 to 12, and lower the minimum age for detention from 13 to 11.

Under the bill, a judge would determine detention for felony arrests after consulting with a probation officer. LB556 also would define “detention” in the Nebraska Juvenile Code as temporarily placing juveniles in physically restrictive facilities when necessary for public safety, court attendance or their immediate protection.

The measure also would broaden the criteria for detaining a juvenile to include those who are considered a safety risk, have a record of failing to appear in court or have a history of fleeing or committing violent offenses.

Riepe said an increasing number of crimes are being committed by younger individuals, including serious offenses such as murder, armed robbery and sexual assault. LB556 aims to provide additional resources for prosecutors, courts and law enforcement to enhance safety for the community and juveniles, he said.

“This change is not about detaining every 11-year-old,” Riepe said. “It is about ensuring those who have demonstrated a clear pattern of serious offenses or danger to others may be placed appropriately, rather than automatically released.”

Douglas County Attorney Don Kleine testified in support of the bill on behalf of the Nebraska County Attorneys Association. Nebraska law currently prevents the detention of anyone under 13 years old, he said, leaving few options other than allowing youths to return home when they commit serious crimes.

LB556 would allow judges to temporarily detain youth before determining the next best course of action for the juvenile, he said, whether an out-of-home placement or probation.

“The detention is only so long as the judge can make a decision about what they should do with that juvenile,” Kleine said.

Douglas County Sheriff Aaron Hanson also supported the measure. He offered the example of an Omaha 11-year-old who recently was implicated in a murder case but could not be held in custody because of existing state laws.

As a result, Hanson said, he ordered deputies to monitor the group home where the child was staying “around the clock” to ensure the safety of both the child and the community.

Speaking in favor of LB556, Tami Steensma, director of the Patrick J. Thomas Juvenile Justice Center in Sarpy County, said detention can benefit youth and prevent them from committing additional crimes.

She said detaining youth can ensure that they appear in court and receive education, medical care and other necessary services they may not be getting at home or elsewhere.

“Our mission is to ultimately guide youth to the right path and not have them enter into the adult system or be incarcerated,” Steensma said.

Testifying in opposition to the bill was Kimara Snipes, a community leader in Omaha. LB556 seeks to expand youth detention when data shows youth crime is decreasing, she said.

Additionally, she said, the bill fails to adequately address mental health, a significant factor in juvenile crime.

“If we truly care about public safety, we must invest in prevention, mental health resources and community solutions — not more incarceration,” Snipes said.

Nick Juliano also opposed the bill on behalf of RADIUS, a North Omaha residential youth treatment center for system-involved youth ages 12 to 18.

Juliano said lowering the age for charging a child as an adult removes the opportunity for rehabilitation. Adult courts also lack essential resources available in juvenile court, he said, such as intensive family services and community-based interventions.

Douglas County Commissioner Chris Rodgers testified in opposition to LB556 on his own behalf. Douglas County has made substantial progress in reducing crime rates, he said, and recent cases of 11- and 12-year-olds committing serious felonies are “one-offs” that can be managed on a case-by-case basis.

“We do not have a chronic crisis — we are not Chicago; we are not Philadelphia,” Rodgers said. “We can handle it.”

Jennifer Houlden also opposed the measure on behalf of the Nebraska Criminal Defense Attorneys Association, saying as little as 48 hours in detention can cause long-term harm to a juvenile.

Speaking to provisions in the bill that would allow detention for youth at risk of self-harm, Houlden said doing so would be ineffective and inappropriate.

“[Jail cells] do not provide treatment services [and] it is not ‘intervention’ to detain youth,” Houlden said.

The committee took no immediate action on LB556.