Juvenile Confinement Restrictions Advance to Final Reading
Nebraska correctional facilities would be barred from placing juveniles in room confinement as a disciplinary sanction or due to staff shortages or retaliation under a bill advancing to final reading in the Nebraska Legislature.
The Office of Inspector General of Nebraska Child Welfare found last November that juvenile room confinement continues to be relied upon in state correctional facilities, with little change over the past three years.
In 2018-19, a total of 631 youth age 12 to 18 were subject to room confinement with 2,683 incidents. Confinement was used most typically for “physical assault, verbal assault, administrative reasons and behavioral infractions/rule violations,” according to OIG.
Reducing the use of room confinement is correlated with lower rates of staff and youth injury, suicide attempts and youth behavioral incidents, the office said.
LB 320, introduced by Lincoln Sen. Patty Pansing Brooks, would only allow room confinement when all other less-restrictive alternatives have been exhausted and the juvenile poses a serious and immediate security threat.
The length of confinement would be restricted to the minimum amount of time needed to resolve any such threat while not harming the mental or physical health of the juvenile.
The bill initially would have applied to county jails, but Pansing Brooks offered an amendment – adopted 33-0 – to remove them to clear up confusion because the bill referred to county jails housing people under the age of majority, which is 19 in Nebraska, but the bill otherwise pertained to juveniles under age 18.
Notice to an offender’s parents or guardians and attorney about the placement in room confinement would be required within one business day.
Senators advanced the bill Jan. 24 to final reading by voice vote.
This report contains material from the Nebraska Unicameral Information Office.
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