LB230 LB230
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LEGISLATIVE BILL 230
Approved by the Governor February 12, 2020
Introduced by Pansing Brooks, 28; Hunt, 8; Wayne, 13.
A BILL FOR AN ACT relating to juvenile facilities; to amend sections 83-4,125,
83-4,126, 83-4,132, and 83-4,134.01, Revised Statutes Cumulative Supplement, 2018; to change provisions and provide requirements for room confinement for juveniles as prescribed; to harmonize provisions; and to
repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 83-4,125, Revised Statutes Cumulative Supplement, 2018,
is amended to read:
83-4,125 For purposes of sections 83-4,124 to 83-4,134.01 and section 5 of this act:
(1) Criminal detention facility means any institution operated by a political subdivision or a combination of political subdivisions for the careful keeping or rehabilitative needs of adult or juvenile criminal offenders or those persons being detained while awaiting disposition of charges against them. Criminal detention facility does not include any institution operated by
the Department of Correctional Services. Criminal detention facilities shall be
classified as follows:
(a) Type I Facilities means criminal detention facilities used for the detention of persons for not more than twenty-four hours, excluding nonjudicial days;
(b) Type II Facilities means criminal detention facilities used for the detention of persons for not more than ninety-six hours, excluding nonjudicial days; and
(c) Type III Facilities means criminal detention facilities used for the detention of persons beyond ninety-six hours;
(2) Juvenile detention facility means an institution operated by a political subdivision or political subdivisions for the secure detention and treatment of persons younger than eighteen years of age, including persons under the jurisdiction of a juvenile court, who are serving a sentence pursuant to a conviction in a county or district court or who are detained while waiting disposition of charges against them. Juvenile detention facility does not include any institution operated by the department;
(3) Juvenile facility means a residential child-caring agency as defined in section 71-1926, a juvenile detention facility or staff secure juvenile facility as defined in this section, a facility operated by the Department of
Correctional Services that houses youth under the age of majority, or a youth rehabilitation and treatment center;
(4) Room confinement means the involuntary restriction of a juvenile placed alone in a cell, alone in a room, or alone in another area, including a juvenile's own room, except during normal sleeping hours, whether or not such cell, room, or other area is subject to video or other electronic monitoring;
and
(5) Staff secure juvenile facility means a juvenile residential facility operated by a political subdivision (a) which does not include construction designed to physically restrict the movements and activities of juveniles who are in custody in the facility, (b) in which physical restriction of movement or activity of juveniles is provided solely through staff, (c) which may establish reasonable rules restricting ingress to and egress from the facility,
and (d) in which the movements and activities of individual juvenile residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision. Staff secure juvenile facility does not include any institution operated by the department.
Sec. 2. Section 83-4,126, Revised Statutes Cumulative Supplement, 2018, is amended to read:
83-4,126 (1) Except as provided in subsection (2) of this section, the Jail Standards Board shall have the authority and responsibility:
(a) To develop minimum standards for the construction, maintenance, and operation of criminal detention facilities;
(b) To perform other duties as may be necessary to carry out the policy of
the state regarding criminal detention facilities, juvenile detention facilities, and staff secure juvenile facilities as stated in sections 83-4,124
to 83-4,134.01 and section 5 of this act; and
(c) Consistent with the purposes and objectives of the Juvenile Services Act, to develop standards for juvenile detention facilities and staff secure juvenile facilities, including, but not limited to, standards for physical facilities, care, programs, and disciplinary procedures, and to develop guidelines pertaining to the operation of such facilities.
(2) The Jail Standards Board shall not have authority over or
responsibility for correctional facilities that are accredited by a nationally recognized correctional association. A correctional facility that is accredited by a nationally recognized correctional association shall show proof of
accreditation annually to the Jail Standards Board. For purposes of this
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subsection, nationally recognized correctional association includes, but is not limited to, the American Correctional Association or its successor.
Sec. 3. Section 83-4,132, Revised Statutes Cumulative Supplement, 2018, is amended to read:
83-4,132 If an inspection under sections 83-4,124 to 83-4,134.01 and section 5 of this act discloses that the criminal detention facility, juvenile detention facility, or staff secure juvenile facility does not meet the minimum standards established by the Jail Standards Board, the board shall send notice,
together with the inspection report, to the governing body responsible for the facility. The appropriate governing body shall promptly meet to consider the inspection report, and the inspection personnel shall appear before the governing body to advise and consult concerning appropriate corrective action.
The governing body shall then initiate appropriate corrective action within six months after the receipt of such inspection report or may voluntarily close the facility or the objectionable portion thereof.
Sec. 4. Section 83-4,134.01, Revised Statutes Cumulative Supplement, 2018,
is amended to read:
83-4,134.01 (1) It is the intent of the Legislature to establish a system of investigation and performance review in order to provide increased accountability and oversight regarding the use of room confinement for juveniles in a juvenile facility.
(2) The following shall apply regarding placement in room confinement of a juvenile in a juvenile facility:
(a) Room confinement of a juvenile for longer than one hour during a twenty-four-hour period shall be documented and approved in writing by a supervisor in the juvenile facility. Documentation of the room confinement shall include the date of the occurrence; the race, ethnicity, age, and gender of the juvenile; the reason for placement of the juvenile in room confinement;
an explanation of why less restrictive means were unsuccessful; the ultimate duration of the placement in room confinement; facility staffing levels at the time of confinement; and any incidents of self-harm or suicide committed by the juvenile while he or she was isolated;
(b) If any physical or mental health clinical evaluation was performed during the time the juvenile was in room confinement for longer than one hour,
the results of such evaluation shall be considered in any decision to place a juvenile in room confinement or to continue room confinement;
(c) The juvenile facility shall submit a report quarterly to the Legislature on the juveniles placed in room confinement; the length of time each juvenile was in room confinement; the race, ethnicity, age, and gender of
each juvenile placed in room confinement; facility staffing levels at the time of confinement; and the reason each juvenile was placed in room confinement.
The report shall specifically address each instance of room confinement of a juvenile for more than four hours, including all reasons why attempts to return the juvenile to the general population of the juvenile facility were unsuccessful. The report shall also detail all corrective measures taken in
response to noncompliance with this section. The report shall redact all personal identifying information but shall provide individual, not aggregate,
data. The report shall be delivered electronically to the Legislature. The initial quarterly report shall be submitted within two weeks after the quarter ending on September 30, 2016. Subsequent reports shall be submitted for the ensuing quarters within two weeks after the end of each quarter; and
(d) The Inspector General of Nebraska Child Welfare shall review all data collected pursuant to this section in order to assess the use of room confinement for juveniles in each juvenile facility and prepare an annual report of his or her findings, including, but not limited to, identifying changes in policy and practice which may lead to decreased use of such confinement as well as model evidence-based criteria to be used to determine when a juvenile should be placed in room confinement. The report shall be
delivered electronically to the Legislature on an annual basis. ; and
(3) The use of consecutive periods of room confinement to avoid the intent or purpose of this section is prohibited.
(4) (e) Any juvenile facility which is not a residential child-caring agency which fails to comply with the requirements of this section is subject to disciplinary action as provided in section 83-4,134. Any juvenile facility which is a residential child-caring agency which fails to comply with the requirements of this section is subject to disciplinary action as provided in
section 71-1940.
Sec. 5. (1) This section applies to placement of a juvenile in room confinement in the following facilities: A juvenile detention facility, staff secure juvenile facility, facility operated by the Department of Correctional Services, or youth rehabilitation and treatment center operated by the Department of Health and Human Services.
(2) A juvenile shall not be placed in room confinement for any of the following reasons:
(a) As a punishment or a disciplinary sanction;
(b) As a response to a staffing shortage; or
(c) As retaliation against the juvenile by staff.
(3) A juvenile shall not be placed in room confinement unless all other less-restrictive alternatives have been exhausted and the juvenile poses an
immediate and substantial risk of harm to self or others.
(4) A juvenile may only be held in room confinement according to the following conditions:
(a) A juvenile shall not be held in room confinement longer than the
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minimum time required to eliminate the substantial and immediate risk of harm to self or others and shall be released from room confinement as soon as the substantial and immediate risk of harm to self or others is resolved; and
(b) A juvenile shall only be held in room confinement for a period that does not compromise or harm the mental or physical health of the juvenile.
(5) Any juvenile placed in room confinement shall be released immediately upon regaining sufficient control so as to no longer engage in behavior that threatens substantial and immediate risk of harm to self or others.
(6) Not later than one business day after the date on which a facility places a juvenile in room confinement, the facility shall provide notice of the placement in room confinement to the juvenile's parent or guardian and the attorney of record for the juvenile.
(7) All rooms used for room confinement shall have adequate and operating lighting, heating and cooling, and ventilation for the comfort of the juvenile.
Rooms shall be clean and resistant to suicide and self-harm. Juveniles in room confinement shall have access to drinking water, toilet facilities, hygiene supplies, and reading materials approved by a licensed mental health professional.
(8) Juveniles in room confinement shall have the same access as provided to juveniles in the general population of the facility to meals, contact with parents or legal guardians, legal assistance, and access to educational programming.
(9) Juveniles in room confinement shall have access to appropriate medical and mental health services. Mental health staff shall promptly provide mental health services as needed.
(10) Juveniles in room confinement shall be continuously monitored by
staff of the facility. Continuous monitoring may be accomplished through regular in-person visits to the confined juvenile which may also be
supplemented by electronic video monitoring.
(11) The use of consecutive periods of room confinement to avoid the intent and purpose of this section is prohibited.
(12) Nothing in this section shall be construed to authorize or require the construction or erection of fencing or similar structures at any facility,
nor the imposition of nonrehabilitative approaches to behavior management within any facility.
Sec. 6. Original sections 83-4,125, 83-4,126, 83-4,132, and 83-4,134.01,
Revised Statutes Cumulative Supplement, 2018, are repealed.
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