Governor Jim Pillen and top Nebraska law enforcement officials are backing a proposed bill that would allow the state to detain children as young as 11 and charge those as young as 12 in adult court for certain felony offenses. Speaking at a news conference Thursday, Pillen and Douglas County Sheriff Aaron Hanson pointed to an increase in juvenile crime, particularly in Omaha, as justification for the legislation.
Introduced by Sen. Merv Riepe at Pillen’s request, the bill (LB556) would lower the minimum age for police to detain children from 13 to 11, with judicial approval. It would also enable prosecutors to charge 12-year-olds as adults for crimes such as murder, robbery, sexual assault, and weapons offenses. Current law requires a minimum age of 14 for adult court charges.
Hanson highlighted a recent case involving an 11-year-old tied to a fatal Omaha shooting in 2021, emphasizing the need for better tools to address serious juvenile offenses. He claimed a dramatic increase in felony crimes by repeat juvenile offenders in Douglas County since 2017. However, state data indicates a statewide rise of 35.5% in juvenile felony cases during the same period.
Critics, including Omaha Sen. John Cavanaugh, argue that the proposal focuses on punishment rather than rehabilitation and fails to account for scientific evidence about juvenile brain development. Alternative bills from Democratic lawmakers aim to reform the juvenile justice system by limiting harsh penalties for minors and emphasizing confidentiality and procedural fairness for young offenders.
Sen. Ashlei Spivey has proposed lowering the maximum prison sentence for crimes committed by juveniles, while Sen. Terrell McKinney seeks to make court records confidential for defendants under 18. Cavanaugh’s bill would require juvenile court processing for children under 16 before prosecutors could pursue adult charges.
Riepe defended his bill as a means to protect communities and hold young offenders accountable, acknowledging that its age thresholds were based on recommendations from Douglas County Attorney Don Kleine.
As the debate unfolds, the proposed changes are expected to spark significant discussion in the Legislature, with law enforcement and reform advocates sharply divided on how best to address juvenile crime.
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