This bill amends several sections of the Nebraska Revised Statutes to enhance the juvenile justice system, particularly regarding the jurisdiction of adult and juvenile courts, definitions of detention, and procedural requirements for hearings. A significant change is the lowering of the age threshold for certain offenses from fourteen to twelve years, allowing juveniles aged twelve and older to be arraigned in county or district court for serious felonies. The bill introduces a new definition of "detention," which refers to the temporary care of a juvenile in a facility designed to control their movement, and clarifies the process for transferring cases from adult courts to juvenile courts. It also mandates that courts schedule hearings on transfer motions within fifteen days and make decisions within thirty days, while ensuring that admissions made to mental health professionals during these motions are inadmissible in other proceedings, with specific exceptions.
Furthermore, the bill outlines the treatment and detention of juveniles charged with felonies, stipulating that while they may be securely held in adult facilities under certain conditions, those under sixteen years of age or status offenders cannot be placed in secure areas intended for adults. It establishes new procedures for probation officers regarding juvenile detention recommendations and requires judges to consider specific factors when determining the need for detention. Importantly, the bill emphasizes that no juvenile should be confined in adult correctional facilities as a court disposition and that detention should not be punitive or for administrative convenience. The overall aim of the amendments is to protect juveniles within the legal system while ensuring public safety and promoting rehabilitation through the least restrictive options available.
Statutes affected: Introduced: 29-1816, 43-245, 43-246.01, 43-250, 43-251.01, 43-253, 43-260.01