The State of Nebraska is at it again with further positive development on the issues of fair sentencing of children and teenagers. This time Nebraska has taken an important first step toward ensuring that children are sentenced in a manner that acknowledges their status as children. According to statement from the office of Jody Kent Lavy, Director, Campaign for the Fair Sentencing of Youth, this move is in the right direction. The statement issued few days ago read in full as follows.

Nebraska Gov. Dave Heinemann has signed Legislative Bill 44 into law in an effort to comply with last year’s U.S. Supreme Court decision in Miller v. Alabama, which found that mandatory sentences of life in prison without the possibility of parole are unconstitutional when imposed upon children.

LB 44 requires judges to consider factors related to youth, including some often referred to as “Miller factors,” when sentencing children who have been convicted of certain crimes. These factors include the child’s age, role in the crime, family and community environment, impetuosity, ability to appreciate risks and consequences, and intellectual capacity. Judges must also now consider the outcomes of a comprehensive mental health evaluation by a licensed child psychologist before imposing a sentence.

LB 44 makes considerable changes to the parole process for individuals who are convicted as an adult of a crime prior to their 18th birthday. If denied parole at first eligibility, this population will now be entitled to annual reviews. Further, parole boards must now consider similar factors related to youth when evaluating cases of all those who entered the adult prison system when they were younger than 18.

But much work remains to be done. Children sentenced under the law will face a high minimum sentence of 40 years, with earliest possibility of parole at 20 years. Because there is no limit on the maximum sentence, youth will still be eligible for life without parole sentences.

As Nebraska moves to implement this law, we urge the legislature to continue to consider ways to improve its sentencing scheme to ensure that children convicted of serious crimes are held accountable in age-appropriate ways that focus on their capacity for rehabilitation and reintegration into society.

PRAWA joins Campaign for the Fair Sentencing of Youth and all who are fighting for the fair sentencing of children everywhere in the world to congratulate the Governor and people of Nebraska State on this positive move.