State Sen. John Cavanaugh of Omaha. (Zach Wendling/Nebraska Examiner)
LINCOLN — A Nebraska lawmaker Friday said he has a “compromise” of sorts for those wanting adult consequences for younger kids involved in serious crimes and those who favor a more rehabilitative approach.
State Sen. John Cavanaugh of Omaha introduced a bill that lowers to 13 the age at which a youth could face adult penalties for felony charges.
However, under Legislative Bill 407, cases for kids accused of major crimes — as young as 13 and up to 15 — first would have to be handled in juvenile court, which Cavanaugh said is more focused on rehabilitation.
LB 407 provides that court officials could later transfer those child felony offenders to adult court to face adult penalties if they fail to complete the juvenile court program.
“It’s like a carrot and stick,” Cavanaugh said. “The idea is to give an opportunity to get rehabilitated, and if you don’t take it then you still are subjected to the punishment.”
Also to be considered this legislative session is a separate proposed law change urged by Gov. Jim Pillen, which would lower the age at which a child could be detained for an alleged crime from 13 to 11. It also would drop the age, from 14 to 12, at which a minor can be charged as an adult for the most serious felonies.
State Sen. Merv Riepe of Ralston said he soon will introduce that Pillen-backed bill, which he said was driven also by Omaha-area crime and Douglas County Attorney Don Kleine.
Of that proposal, Cavanaugh said, “I think it’s really dangerous when we’re getting into a situation where we’re attempting to lock up very young kids for the rest of their lives.”
He said young brains are underdeveloped. “We need to try to help them understand the gravity of what they’re doing and how it’s going to affect the people around them and themselves.”
Each legislative proposal would be subject to a public hearing and legislative debate.
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