2017 Proposed Juvenile Justice Legislation

1. 2017 Proposed Juvenile Justice Legislation Juliet Summers, Voices for Children in Nebraska

2. About Voices for Children in Nebraska Who We Are: Voices for Children in Nebraska is a statewide, independent, non-profit, non-partisan child advocacy organization. With kids at the center of our work, we follow these values: • Informed research drives our direction. • When a policy is good, we support it. When it is harmful, we fight it. When it is missing, we create it. • Community engagement is how we promote systems change.

3. Legislative Session 101 • Each Legislature convenes over a two year period (“biennium”) • The first year of the biennium is a “long” session, 90 days from January through June. • The second year of the biennium is a “short” session, 60 days from January through April. • We are in the first session of the 105th Legislature • Senators may bring as many bills as they choose in each session • All bills must be “dropped” by the 10th day, and each will receive a public hearing in a designated committee • Typically, due to time constraints, only bills with priorities are likely to be heard on the floor

4. Legislative Session 101 • You can get involved: • By testifying at a public hearing on a bill • By contacting members of the committee hearing a bill • By contacting your local representative • By joining our list-servs to stay informed as bills progress through the legislative process! • http://voicesforchildren.com/join-us/advokid/

5. Webinar Road Map • Proposedchanges to substantive law or policy relating to juvenile justice proceedings: • In schools • On probation • After case closure • Proposed changes to procedure or rules in juvenile justice proceedings • Proposed changes to the state budget affecting funding for juvenile justice

6. Changing Law & Policy: Schools

7. 2017 Legislation - Schools • LB 428 (Vargas): Require NDE and schools to develop policies supporting pregnant and parenting students • Anticipating and providing for absences due to pregnancy and parenting, including medical appointments • Providing alternative methods to keep pregnant or parenting students engaged in school: coursework at home, tutoring, etc. • Creating a lactation policy • Identifying child care providers or designating a staff person to assist student-parents in placing their children in child care facilities which collaborate with the school

8. 2017 Legislation - Schools • LB 595 (Groene): Permit use of physical force, physical restraint, or removal for student behavior • Force/Restraint: To subdue a student who becomes physically violent toward him/herself or others • Restraint: To subdue a student who exhibits destructive behavior toward school property • Removal from class is permitted when: • Documented repeated interference with ability to “communicate effectively” or other students to learn • Behavior is so “unruly, disruptive, or abusive” to so interfere, OR • “Other disruptive acts that merit discipline” • Principal may not return a child without teacher’s permission • Use of force or restraint may not give rise to legal action or administrative response

9. Changing Law & Policy: Probation

10. 2017 Legislation – Probation • LB 8 (Krist): Juvenile Probation graduated response • Updates statutory framework governing administrative sanctions for youth out of compliance with probation orders • Allows probation officers latitude to offer incentives for positive youth behavior on probation, and to respond to minor violations of probation with a structured matrix of developmentally-appropriate sanction options • Eliminates requirement that probation notify county attorney of every violation, but requires probation to track completion of sanctions and incentives and provide upon request of any party • Clarifies youth may not be detained solely on the basis of technical violations of probation

11. 2017 Legislation - Probation • LB 298 (Baker): Nebraska Strengthening Families Act • Applies the RPPS and notice of rights provisions of the NSFA to JJ youth in court-ordered out-of-home placements • Requires child care institutions, juvenile facilities and YRTCs to develop a written normalcy plan and annual normalcy report • LB 623 (Wishart): Change provisions relating to assault on an officer or health care provider • Expands definition of officer to “public safety officer” and explicitly includes probation officers and detention facility employees • For this purpose, “detention facility” includes not only adult facilities but also secure and staff-secure juvenile detention and YRTC

12. Changing Law & Policy: After Case Closure

13. 2017 Legislation – After Closure • LB 179 (Bolz): Bridge to Independence extension • Expands eligibility to the b2I program to youth aging out of juvenile probation who: • Are in a court-ordered out-of-home placement on their 19th birthday • Have received a court order prior to their 19th birthday that the placement is necessary to meet the best interests of the youth • LB 556 (Halloran): Possession of a firearm by a prohibited juvenile offender • Creates a new felony offense for a young person up to the age of 25 in possession of a firearm who has previously been adjudicated as a “juvenile offender” for certain enumerated felony offenses • Provides an exemption for members of the military and an avenue for others to petition the court for exemption

14. Changes to Procedure or Rules

15. 2017 Legislation – Procedure/Rules • LB 10 (Krist): Increase the number of juvenile court judges in Douglas County • Increases judges to six (from five) • LB 11 (Krist) – Timing of appeal on orders to transfer • Responds to recent Supreme Court holdings that transfer from juvenile to criminal court does not affect a substantial right and is not a final order • Creates a statutory right to immediately appeal an order transferring a case from juvenile to county/district court or retaining a case in county/district court

16. 2017 Legislation – Procedure/Rules • LB 158 (Pansing Brooks) – Access to counsel in juvenile proceedings • Extends automatic appointment of legal counsel at the time of filing in juvenile proceedings statewide • LB 434 (Ebke) – Use of videoconferencing • Eliminates requirement of stipulation of all parties for the use of telephonic or videoconferencing in evidentiary proceedings in a manner that ensures preservation of “due process rights of all parties”

17. 2017 Legislation – Procedure/Rules • LB 658 (Wayne): Evaluation Reports • Requires the report of any evaluation of a juvenile ordered as part of an adjudication or disposition proceeding to be made available to all parties at least 15 days prior to the hearing • LB 516 (Pansing Brooks): Solitary Confinement Reports • Requires disaggregated data in facilities’ annual reporting on use of room confinement • Makes intentional noncompliance with reporting statute a Class V misdemeanor

18. State Budget & Funding Priorities

19. 2017 State Budget Proposals • Proposed budget modifications in juvenile justice • 4% reduction of general funds to Supreme Court • Reduce community-based juvenile services aid by $180k • Eliminates ongoing state investment in the Rural Practice Loan Repayment Assistance Funding • Increases funding to improve staffing ratios at YRTC

20. Contact Information Juliet Summers Voices for Children in Nebraska jsummers@voicesforchildren.com • Facebook page: Voices for Children in Nebraska • Twitter: @VoicesNE www.voicesforchildren.com