Bill would prevent shackling of Nebraska juvenile offenders

Juvenile offenders can legally be shackled in Nebraska, whether or not they are considered to be a flight risk or violent.

Sen. Victor Rountree introduced a bill in the legislature that would ban unnecessary physical restraints on juveniles while they are being transported through the court system.

Advocates shared their own experiences with the Judicial Committee on Friday, saying that unnecessary shackling is painful, restricts breathing and leaves them vulnerable to physical handling by officers.

Krysta McIntire said she was forced to shuffle to court proceedings while shackled at the ankles and wrists. She said her time in the detention system was dehumanizing.

“These moments were humiliating and terrifying,” McIntire paused, holding back tears. “They taught me that I was seen as a threat instead of a child.”

She added that she felt powerless to report any mistreatment and that the juvenile system did not support her health or stability, instead leaving her with trauma.

Andrew Whitlow said that as a 16 year old, he spent hours at a time shackled, barely able to move, during transport across rural Nebraska.

“I felt trapped,” Whitlow said. “I felt powerless. I felt like I wasn’t human.”

Whitlow says he wasn’t held for a dangerous crime and never hurt anyone, but was treated like a dangerous animal by correctional officers when he needed care and dignity.

“I think I deserved to be treated with respect,” Whitlow said. “But instead, I was treated like an animal.”

The bill has exceptions for juvenile offenders who present a danger to themselves or others and no other alternative could prevent harm, but only for however long it is absolutely necessary to use. Once the danger has passed, restraints must be removed.

The committee did not take immediate action on the bill.

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