Nebraska Bill Proposes Ban on Unnecessary Shackling of Juveniles

In Nebraska, the legal system allows for juvenile offenders to be shackled, regardless of whether they pose a flight risk or exhibit violent behavior. This practice has sparked a legislative response aimed at reforming how young offenders are treated during their court appearances.

Senator Victor Rountree has proposed a new bill designed to eliminate the use of unnecessary physical restraints on juveniles while they are transported within the court system. The bill’s introduction has prompted advocates to come forward with personal testimonies, illuminating the physical and psychological impacts of such practices.

During a session with the Judicial Committee, advocates shared their personal experiences, highlighting the negative consequences of shackling. Krysta McIntire recounted her distressing experience of being shackled at both ankles and wrists, describing her time in detention as dehumanizing and traumatic. “These moments were humiliating and terrifying,” McIntire said, fighting back tears. “They taught me that I was seen as a threat instead of a child.”

Similarly, Andrew Whitlow recalled being restrained during his transport at the age of 16, feeling trapped and powerless. “I felt like I wasn’t human,” Whitlow expressed, emphasizing that despite not committing a dangerous crime, he was treated with undue harshness. “I think I deserved to be treated with respect,” he asserted. “But instead, I was treated like an animal.”

The proposed legislation does provide exceptions, permitting the use of restraints only if a juvenile poses a danger to themselves or others, and only for the duration required to ensure safety. Once the immediate risk subsides, the restraints are to be removed.

As of now, the committee has not made any immediate decisions regarding the bill.