LB1148 LB1148
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1148
Introduced by Vargas, 7; Howard, 9; Lathrop, 12.
Read first time January 22, 2020
Committee: Judiciary
1 A BILL FOR AN ACT relating to juveniles; to amend sections 43-407,
2 43-408, 83-108.04, and 83-901, Reissue Revised Statutes of Nebraska,
3 and section 43-286, Revised Statutes Supplement, 2019; to change
4 provisions relating to the Office of Juvenile Services and to
5 placements of juveniles at a youth rehabilitation and treatment
6 center; to eliminate obsolete provisions; to harmonize provisions;
7 and to repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 43-286, Revised Statutes Supplement, 2019, is
2 amended to read:
3 43-286 (1) When any juvenile is adjudicated to be a juvenile
4 described in subdivision (1), (2), or (4) of section 43-247:
5 (a)(i) This subdivision applies until October 1, 2013. The court may
6 continue the dispositional portion of the hearing, from time to time upon
7 such terms and conditions as the court may prescribe, including an order
8 of restitution of any property stolen or damaged or an order requiring
9 the juvenile to participate in community service programs, if such order
10 is in the interest of the juvenile's reformation or rehabilitation, and,
11 subject to the further order of the court, may:
12 (A) Place the juvenile on probation subject to the supervision of a
13 probation officer;
14 (B) Permit the juvenile to remain in his or her own home or be
15 placed in a suitable family home, subject to the supervision of the
16 probation officer; or
17 (C) Cause the juvenile to be placed in a suitable family home or
18 institution, subject to the supervision of the probation officer. If the
19 court has committed the juvenile to the care and custody of the
20 Department of Health and Human Services, the department shall pay the
21 costs of the suitable family home or institution which are not otherwise
22 paid by the juvenile's parents.
23 Under subdivision (1)(a)(i) of this section, upon a determination by
24 the court that there are no parental, private, or other public funds
25 available for the care, custody, and maintenance of a juvenile, the court
26 may order a reasonable sum for the care, custody, and maintenance of the
27 juvenile to be paid out of a fund which shall be appropriated annually by
28 the county where the petition is filed until a suitable provision may be
29 made for the juvenile without such payment.
30 (a) (ii) This subdivision applies beginning October 1, 2013. The
31 court may continue the dispositional portion of the hearing, from time to
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1 time upon such terms and conditions as the court may prescribe, including
2 an order of restitution of any property stolen or damaged or an order
3 requiring the juvenile to participate in restorative justice programs or
4 community service programs, if such order is in the interest of the
5 juvenile's reformation or rehabilitation, and, subject to the further
6 order of the court, may:
7 (i) (A) Place the juvenile on probation subject to the supervision
8 of a probation officer; or
9 (ii) (B) Permit the juvenile to remain in his or her own home or be
10 placed in a suitable family home or institution, subject to the
11 supervision of the probation officer. ;
12 (b)(i) This subdivision applies to all juveniles committed to the
13 Office of Juvenile Services prior to July 1, 2013. The court may commit
14 such juvenile to the Office of Juvenile Services, but a juvenile under
15 the age of fourteen years shall not be placed at the Youth Rehabilitation
16 and Treatment Center-Geneva or the Youth Rehabilitation and Treatment
17 Center-Kearney unless he or she has violated the terms of probation or
18 has committed an additional offense and the court finds that the
19 interests of the juvenile and the welfare of the community demand his or
20 her commitment. This minimum age provision shall not apply if the act in
21 question is murder or manslaughter.
22 (ii) This subdivision applies to all juveniles committed to the
23 Office of Juvenile Services for placement at a youth rehabilitation and
24 treatment center on or after July 1, 2013.
25 (b) When it is alleged that the juvenile has exhausted all levels of
26 probation supervision and options for community-based services and
27 section 43-251.01 has been satisfied, a motion for commitment to a youth
28 rehabilitation and treatment center may be filed and proceedings held as
29 follows:
30 (i) (A) The motion shall set forth specific factual allegations that
31 support the motion and a copy of such motion shall be served on all
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1 persons required to be served by sections 43-262 to 43-267; and
2 (ii) (B) The juvenile shall be entitled to a hearing before the
3 court to determine the validity of the allegations. At such hearing the
4 burden is upon the state by a preponderance of the evidence to show that:
5 (A) (I) All levels of probation supervision have been exhausted;
6 (B) (II) All options for community-based services have been
7 exhausted; and
8 (C) (III) Placement at a youth rehabilitation and treatment center
9 is a matter of immediate and urgent necessity for the protection of the
10 juvenile or the person or property of another or if it appears that such
11 juvenile is likely to flee the jurisdiction of the court.
12 (c) After the hearing, the court may commit such juvenile to the
13 Office of Juvenile Services for placement at either the Youth
14 Rehabilitation and Treatment Center-Geneva or the Youth Rehabilitation
15 and Treatment Center-Kearney a youth rehabilitation and treatment center
16 as a condition of an order of intensive supervised probation. Upon
17 commitment by the court to the Office of Juvenile Services, the court
18 shall immediately notify the Office of Juvenile Services of the
19 commitment. Intensive supervised probation for purposes of this
20 subdivision means that the Office of Juvenile Services shall be
21 responsible for the care and custody of the juvenile until the Office of
22 Juvenile Services discharges the juvenile from commitment to the Office
23 of Juvenile Services. Upon discharge of the juvenile, the court shall
24 hold a review hearing on the conditions of probation and enter any order
25 allowed under subdivision (1)(a) of this section.
26 (d) The Office of Juvenile Services shall notify those required to
27 be served by sections 43-262 to 43-267, all interested parties, and the
28 committing court of the pending discharge of a juvenile from the youth
29 rehabilitation and treatment center sixty days prior to discharge and
30 again in every case not less than thirty days prior to discharge. Upon
31 notice of pending discharge by the Office of Juvenile Services, the court
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1 shall set a continued disposition hearing in anticipation of reentry. The
2 Office of Juvenile Services shall work in collaboration with the Office
3 of Probation Administration in developing an individualized reentry plan
4 for the juvenile as provided in section 43-425. The Office of Juvenile
5 Services shall provide a copy of the individualized reentry plan to the
6 juvenile, the juvenile's attorney, and the county attorney or city
7 attorney prior to the continued disposition hearing. At the continued
8 disposition hearing, the court shall review and approve or modify the
9 individualized reentry plan, place the juvenile under probation
10 supervision, and enter any other order allowed by law. No hearing is
11 required if all interested parties stipulate to the individualized
12 reentry plan by signed motion. In such a case, the court shall approve
13 the conditions of probation, approve the individualized reentry plan, and
14 place the juvenile under probation supervision.
15 (e) The Office of Juvenile Services is responsible for
16 transportation of the juvenile to and from the youth rehabilitation and
17 treatment center. The Office of Juvenile Services may contract for such
18 services. A plan for a juvenile's transport to return to the community
19 shall be a part of the individualized reentry plan. The Office of
20 Juvenile Services may approve family to provide such transport when
21 specified in the individualized reentry plan. ; or
22 (c) Beginning July 1, 2013, and until October 1, 2013, the court may
23 commit such juvenile to the Office of Juvenile Services for community
24 supervision.
25 (2) When any juvenile is found by the court to be a juvenile
26 described in subdivision (3)(b) of section 43-247, the court may enter
27 such order as it is empowered to enter under subdivision (1)(a) of this
28 section or until October 1, 2013, enter an order committing or placing
29 the juvenile to the care and custody of the Department of Health and
30 Human Services.
31 (3) When any juvenile is adjudicated to be a juvenile described in
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1 subdivision (1), (2), (3)(b), or (4) of section 43-247, the court may
2 order the juvenile to be assessed for referral to participate in a
3 restorative justice program. Factors that the judge may consider for such
4 referral include, but are not limited to: The juvenile's age,
5 intellectual capacity, and living environment; the ages of others who
6 were part of the offense; the age and capacity of the victim; and the
7 nature of the case.
8 (4) When a juvenile is placed on probation and a probation officer
9 has reasonable cause to believe that such juvenile has committed a
10 violation of a condition of his or her probation, the probation officer
11 shall take appropriate measures as provided in section 43-286.01.
12 (5)(a) When a juvenile is placed on probation or under the
13 supervision of the court and it is alleged that the juvenile is again a
14 juvenile described in subdivision (1), (2), (3)(b), or (4) of section
15 43-247, a petition may be filed and the same procedure followed and
16 rights given at a hearing on the original petition. If an adjudication is
17 made that the allegations of the petition are true, the court may make
18 any disposition authorized by this section for such adjudications and the
19 county attorney may file a motion to revoke the juvenile’s probation.
20 (b) When a juvenile is placed on probation or under the supervision
21 of the court for conduct under subdivision (1), (2), (3)(b), or (4) of
22 section 43-247 and it is alleged that the juvenile has violated a term of
23 probation or supervision or that the juvenile has violated an order of
24 the court, a motion to revoke probation or supervision or to change the
25 disposition may be filed and proceedings held as follows:
26 (i) The motion shall set forth specific factual allegations of the
27 alleged violations and a copy of such motion shall be served on all
28 persons required to be served by sections 43-262 to 43-267;
29 (ii) The juvenile shall be entitled to a hearing before the court to
30 determine the validity of the allegations. At such hearing the juvenile
31 shall be entitled to those rights relating to counsel provided by section
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1 43-272 and those rights relating to detention provided by sections 43-254
2 to 43-256. The juvenile shall also be entitled to speak and present
3 documents, witnesses, or other evidence on his or her own behalf. He or
4 she may confront persons who have given adverse information concerning
5 the alleged violations, may cross-examine such persons, and may show that
6 he or she did not violate the conditions of his or her probation or
7 supervision or an order of the court or, if he or she did, that
8 mitigating circumstances suggest that the violation does not warrant
9 revocation of probation or supervision or a change of disposition. The
10 hearing shall be held within a reasonable time after the juvenile is
11 taken into custody;
12 (iii) The hearing shall be conducted in an informal manner and shall
13 be flexible enough to consider evidence, including letters, affidavits,
14 and other material, that would not be admissible in an adversarial
15 criminal trial;
16 (iv) The juvenile shall not be confined, detained, or otherwise
17 significantly deprived of his or her liberty pursuant to the filing of a
18 motion described in this section unless the requirements of subdivision
19 (5) of section 43-251.01 and section 43-260.01 have been met. In all
20 cases when the requirements of subdivision (5) of section 43-251.01 and
21 section 43-260.01 have been met and the juvenile is confined, detained,
22 or otherwise significantly deprived of his or her liberty as a result of
23 his or her alleged violation of probation, supervision, or a court order,
24 the juvenile shall be given a preliminary hearing. If, as a result of
25 such preliminary hearing, probable cause is found to exist, the juvenile
26 shall be entitled to a hearing before the court in accordance with this
27 subsection;
28 (v) If the juvenile is found by the court to have violated the terms
29 of his or her probation or supervision or an order of the court, the
30 court may modify the terms and conditions of the probation, supervision,
31 or other court order, extend the period of probation, supervision, or
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1 other court order, or enter any order of disposition that could have been
2 made at the time the original order was entered; and
3 (vi) In cases when the court revokes probation, supervision, or
4 other court order, it shall enter a written statement as to the evidence
5 relied on and the reasons for revocation.
6 (6) Costs incurred on behalf of a juvenile under this section shall
7 be paid as provided in section 43-290.01.
8 (7) When any juvenile is adjudicated to be a juvenile described in
9 subdivision (4) of section 43-247, the juvenile court shall within thirty
10 days of adjudication transmit to the Director of Motor Vehicles an
11 abstract of the court record of adjudication.
12 Sec. 2. Section 43-407, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 43-407 (1) This subsection applies to all juveniles committed to
15 the Office of Juvenile Services for placement at a youth rehabilitation
16 and treatment center prior to July 1, 2013. The Office of Juvenile
17 Services shall design and make available programs and treatment services
18 through the Youth Rehabilitation and Treatment Center-Kearney and Youth
19 Rehabilitation and Treatment Center-Geneva. The programs and treatment
20 services shall be based upon the individual or family evaluation process
21 and treatment plan. The treatment plan shall be developed within fourteen
22 days after admission. If a juvenile placed at the Youth Rehabilitation
23 and Treatment Center-Kearney or Youth Rehabilitation and Treatment
24 Center-Geneva is assessed as needing inpatient or subacute substance
25 abuse or behavioral health residential treatment, the juvenile may be
26 transferred to a program or fa