This bill aims to reform the juvenile justice system in Nebraska by prohibiting the use of shackling on juveniles, with specific exceptions. It establishes that shackling, defined as the use of mechanical restraints that limit a juvenile's movement, is not permitted unless a juvenile poses a substantial risk of physical harm to themselves or others, no less restrictive alternatives are available, and the shackling is limited to the necessary duration to mitigate that risk. The bill also clarifies that the brief use of handcuffs to address immediate safety risks is not considered shackling.

Additionally, the bill amends existing statutes to ensure that policies and procedures regarding the transportation of juveniles by the Department of Health and Human Services and private contractors align with the new shackling prohibitions. It mandates that these policies prohibit the routine use of mechanical restraints during transportation, allowing exceptions only under strict documentation and review processes. The bill ultimately seeks to enhance the treatment and rights of juveniles within the justice system while ensuring their safety and well-being.

Statutes affected:
Introduced: 43-431