State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-3921

29-3921. Commissionon Public Advocacy Operations Cash Fund; created; use; investment; study ofjuvenile legal defense and guardian ad litem systems.TheCommission on Public Advocacy Operations Cash Fund is created. The fund shallbe used for the operations of the commission,except that transfers may be made from the fund to the General Fund at thedirection of the Legislature through June 30, 2011. The Commission on Public Advocacy Operations Cash Fund shallconsist of money remitted pursuant to section 33-156. It is the intent ofthe Legislature that the commission shall be funded solely from the fund.Any money in the fund available for investment shall be invested by the stateinvestment officer pursuant to the Nebraska Capital Expansion Act and theNebraska State Funds Investment Act.The State Treasurer shall transfer two hundred fifty thousanddollars from the Commission on Public Advocacy Operations Cash Fund to theUniversity Cash Fund within fifteen days after May 1, 2008. Such funds shallbe used for a study of the juvenile legal defense and guardian ad litem systemsutilizing the University of Nebraska Public Policy Center to create, administer,and review a Request for Proposals to select from a national search a researchconsultant that is qualified to provide a methodologically sound and objectiveassessment of Nebraska's juvenile justice system. The assessment shall include:(1) Gathering of general data and information about the structure and fundingmechanisms for juvenile legal defense and guardian ad litem representation;(2) a review of caseloads; (3) examining issues related to the timing of appointmentof counsel and guardians ad litem; (4) supervision of attorneys; (5) chargingand trying juveniles as adults; (6) frequency with which juveniles waive theirright to counsel and under what conditions they do so; (7) allocation of resources;(8) adequacy of juvenile court facilities; (9) compensation of attorneys;(10) supervising and training of attorneys; (11) access to investigators,experts, social workers, and support staff; (12) access to educational officers,teachers, educational staff, and truancy officers; (13) the relationship betweena guardian ad litem, a juvenile's legal counsel, and the judicial system withidentified educational staff regarding a juvenile's educational status; (14)examining issues related to truancy and the relationship between the schooldistricts and the juvenile court system; (15) recidivism; (16) time to permanencyand time in court, especially when a guardian ad litem is appointed; and (17)coordination of representation for those juveniles that may have been appointedan attorney in a juvenile delinquency matter and a guardian ad litem becauseof abuse or neglect. The assessment shall also highlight promising approachesand innovative practices within the state and offer recommendations to improveweak areas. SourceLaws 1995, LB 646, § 3; Laws 1997, LB 108, § 1; Laws 2001, LB 659, § 14; Laws 2002, LB 876, § 65; Laws 2003, LB 760, § 10; Laws 2008, LB961, § 2; Laws 2009, First Spec. Sess., LB3, § 16.Effective Date: November 21, 2009 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.