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LB 44: Eliminating Juvenile Life without Parole (JLWOP)

As introduced: The penalty of any person convicted of a Class IA felony for an offense committed when the offender was younger than 18 years old shall be a maximum sentence of life imprisonment.

As Amended: The penalty for any person convicted of a Class IA felony for an offense committed when the offender was younger than 18 years old shall be a maximum sentence of life imprisonment and a minimum sentence of 30 years imprisonment.

Factors to consider in determining the sentence of the convicted person shall include, but not be limited to:
(1) the convicted person’s age at the time of the offense
(2) the convicted person’s family and community environment
(3) the convicted person’s ability to appreciate the risk and consequences of the conduct
(5) the convicted person’s intellectual capacity; and
(6) the outcome of a comprehensive mental health evaluation of the convicted person conducted by an adolescent mental health professional licensed in this state.

Any offender who is under the age of 18 at the time s(he) committed the offense for which s(he) was convicted and incarcerated shall be considered for release on parole by the Board of Parole every year after the denial after a review of:
(1) the offender’s educational and court documents
(2) the offender’s participation in available rehabilitative and educational programs while incarcerated
(3) the offender’s age at the time of the offense
(4) the offender’s level of maturity
(5) the offender’s ability to appreciate the risks and consequences of his or her conduct
(6) the offender’s intellectual capacity
(7) the offender’s level of participation in the offense
(8) the offender’s efforts toward rehabilitation

Introducing Senator(s): Ashford

Committee: Judicary

Committee Hearing Date:  February 8, 2013

Current Status: Approved by Governor May 8, 2013

Estimated Fiscal Impact: none listed

Voices for Children’s Position: Support (See our testimony)

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