County revisits issues caused by juvenile justice reform

After the county commissioners expressed displeasure last month at the burden placed upon them to find more space for probation offices in Cheyenne County, Linda Buehler, chief probation officer for district 12 attended Monday’s meeting to answer come of their questions. District 12 handles juvenile and adult probation cases for the entire Nebraska panhandle as well as Grant County.

As responsibility for underage offenders transitions out of youth rehabilitation and treatment centers is transferred from the Department of Health and Human Services to the Office of Probation Administration, the burden of finding and paying for more office space for probation is placed on counties.

The bill responsible for this change, LB 561, was passed by the Nebraska Legislature in May of last year. This bill and the associated legislation bring extensive reform to the juvenile justice system in an effort to expand services and allow alternatives to detention for youth in Nebraska, according to the Nebraska State Bar Association.

At a meeting last month, the commissioners questioned how many new hires probation would make in Sidney, and wondered about probation’s office space needs. Buehler clarified that all the new hires needed due to LB 561 had already been made, but the office space in Sidney was too small for those who currently work there.

The Sidney probation office houses two full time probation officers, one full time clerical worker and the data analyst for district 12. Buehler is in the process of attempting to fill an open position for a half time probation officer. Once this hire is made, the office will be full.

Buehler doesn’t have permission to make any new hires in Sidney at the moment, but admitted that the officers here are currently very busy.

“Right now I have no authorization to hire anybody else down here, but that could change in the future,” Buehler explained.

Buehler can’t know what the future will hold when it comes to workload or legislation that might change the probation office’s space needs.

On June 30, 2012 the Sidney office handled casework for 13 juveniles. As of Feb. 2, 2014 the office had 24 juveniles under its authority.

“So it’s just about doubled in that amount of time,” Buehler told county representatives.

There are three juveniles in the Sidney area whose cases are still being handled by HHS which will likely be transferred to probation, pushing the number up to 27.

“You have a very active judge down here, a pro-juvenile judge,” Buehler said. “And he orders many, many things for these juveniles to do and for probation officers to do for these kids.”

Buehler reminded the commissioners to attempt to plan for the coming years.

“If we get all set for today and we’re perfect for today, a few years down the road, I could be back here saying I don’t have enough space again,” Buehler said.

County commissioner Harold Winkelman told those present that it didn’t make sense to rent more space than needed.

“Realistically, right now we would need three offices and a reception area,” Buehler said. “I will tell you that our district data analyst would do better in an office.”

Buehler recently visited the Sidney probation office and said that completing work in the current environment was challenging.

“It’s just chaos in there all the time,” Buehler said.

Buehler acknowledged that it will be hard for counties to pay for this new space.

“It’s been so painful to go through all of this for you,” Buehler said.

Cheyenne County received grant money for new probation space, but the commissioners can’t be sure when the state will stop offering the grant money or how far the money will go toward paying for space.

When money from surrounding counties is pooled, the Sidney office has around $36,000 in grant money for 2013 and 2014 combined, Buehler explained.

Changes put in place by LB 561 include expansion and improvements to diversion programs in the state. These are in efforts to prevent youth from entering the juvenile justice system.

These changes to the system will be implemented in a three step program which began July 1, 2013 and are set to be completed by July 1 of this year.

This new law is causing and will continue to cause big changes for local probation offices.

“Well, at least you’ve given us what the needs are today,” acknowledged county commissioner Ken McMillen. “Then we have to decide if we want to look two years down the road.”

Legislation such as LB 907 could change the probation district’s caseload by allowing some prisoners early release to probation in an effort to quell prison overcrowding. Introduced by Senator Brad Ashford of Omaha on Jan. 15, the judiciary committee will hold a hearing on LB 907 on Feb. 6.