Nebraskans as young as 11 could be detained for felonies under legislative proposal

A bill from Ralston Sen. Merv Riepe would lower the age at which juveniles can be detained and charged as an adult for serious felonies in Nebraska.

Currently, individuals must be at least 13 years old to be sent to juvenile detention and 14 to charged as an adult. Under Riepe's proposal, those ages would be lowered to 11 and 12, respectively.

If a juvenile is arrested, it would be up to a judge to make a determination about sentencing in consultation with a probation officer.

Riepe introduced the bill, LB556, at the request of Gov. Jim Pillen. Sens. Tony Sorrentino of Elkhorn and Dave Wordekemper of Fremont are co-sponsors the bill.

Riepe said the legislation is a way to confront the growing severity of crimes committed by younger individuals.

"This bill is not about punishment," he said during a press conference Thursday. "It's about protection, protection of our communities, our families, and most importantly, for the juveniles themselves."

When asked why 12 was chosen as the age for adult sentencing, Riepe said it was based on Douglas County Sheriff Aaron Hanson’s recommendation.

“He lives it. He and the sheriff, they live it. And so I don't live it. I'm a hospital administrator by background as such. So I don't live in that world, but I do respect them, and I respect what is going on in our community, and the incidents of violations that we need to get on top of it,” he said. “Had he come to me and said it was 10, it would have been 10 in the bill.”

Hanson said he saw a 'tragic, slow march upwards' of repeat juvenile crime after juvenile justice reforms were put in place in 2017.

Douglas County Attorney Don Kleine said parents have asked him to detain their children until a judge can make a determination on the child's next step.

"There have been instances I've had this happen where parents have come to me and said, 'Please detain my juvenile. I can't control them. They're going to get hurt or they're going to hurt somebody else.' And there are times when, because of the situation with our current law, I'd have to say, there's nothing I can do about it, and that's sad," Kleine said.

North Omaha Sens. Ashlei Spivey and Terrell McKinney are among those strongly opposed to the legislation.

In a text to Nebraska Public Media, Spivey wrote that the bill could result in increased minority incarceration.

"LB556 is not the right solution or approach to addressing children that are system impacted," she wrote. "It would disproportionately impact Black and brown youth, specifically from my district, and put them in cages."

Next, the legislation will be assigned to a committee, where a public hearing will take place in the coming weeks.

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