2017 PROPOSED JUVENILE JUSTICE LEGISLATION Juliet Summers Voices

2017 PROPOSED JUVENILE JUSTICE LEGISLATION Juliet Summers, Voices for Children in Nebraska

About Voices for Children in Nebraska Who We Are: Voices for Children in Nebraska is a statewide, independent, non-profit, nonpartisan 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.

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 105 th Legislature Senators may bring as many bills as they choose in each session All bills must be “dropped” by the 10 th 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

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/

Webinar Road Map Proposed changes 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

Changing Law & Policy: Schools

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

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

Changing Law & Policy: Probation

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

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

Changing Law & Policy: After Case Closure

2017 Legislation – After Closure LB 179 (Bolz): Bridge to Independence extension Expands eligibility to the b 2 I program to youth aging out of juvenile probation who: Are in a court-ordered out-of-home placement on their 19 th birthday Have received a court order prior to their 19 th 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

Changes to Procedure or Rules

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

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”

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

State Budget & Funding Priorities

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 $180 k Eliminates ongoing state investment in the Rural Practice Loan Repayment Assistance Funding Increases funding to improve staffing ratios at YRTC

Contact Information Juliet Summers Voices for Children in Nebraska jsummers@voicesforchildren. com Facebook page: Voices for Children in Nebraska Twitter: @Voices. NE www. voicesforchildren. c om