Bill would allow parole for juvenile life sentences

The Judiciary Committee heard testimony Feb. 8 on a bill that would change penalty provisions for felonies committed by juveniles.

Under LB44, introduced by Omaha Sen. Brad Ashford, a juvenile convicted of a Class IA felony could serve a minimum of 20 years imprisonment and up to a maximum of life imprisonment.

The only sentencing option for juveniles convicted of such offenses currently is life imprisonment without the possibility of parole.

The U.S. Supreme Court ruled in 2012 that sentencing juveniles to life imprisonment without the possibility of parole was a violation of the Eighth Amendment of the U.S. Constitution. Ashford said the bill would bring Nebraska into compliance with the recent Supreme Court ruling.

Nebraska’s correctional facilities currently house 282 inmates who were incarcerated as juveniles, Ashford said, and of that population, 27 were sentenced to life imprisonment without the possibility of parole.

Kayla Pope, a child psychiatrist at Boys Town National Research Hospital, testified in support of the bill. Juveniles make poor decisions because they are immature and act impulsively, she said, so they should not be held to the same standards as adults.

Alan Peterson, representing ACLU Nebraska, also testified in support. If juveniles are more susceptible to influence than adults, he said, then they should be more capable of rehabilitation.

No one testified in opposition and the committee took no immediate action on the bill.