43-248.02 Juvenile offender civil citation pilot program; peace officer issue civil citation; contents; advisement; peace officer; duties; juvenile report to juvenile assessment center; failure to com
43-248.02. Juvenile offender civil citationpilot program; peace officer issue civil citation; contents; advisement; peaceofficer; duties; juvenile report to juvenile assessment center; failure tocomply; effect.Ajuvenile offender civil citation pilot program as provided in this sectionand section 43-248.03 may be undertaken by the peace officers and county andcity attorneys of a county containing a city of the metropolitan class. Thepilot program shall be according to the following procedures:(1) A peaceofficer, upon making contact with a juvenile whom the peace officer has reasonablegrounds to believe has committed a misdemeanor offense, other than an offenseinvolving a firearm, sexual assault, or domestic violence, may issue the juvenilea civil citation;(2) The civilcitation shall include: The juvenile's name, address, school of attendance,and contact information; contact information for the juvenile's parents orguardian; a description of the misdemeanor offense believed to have been committed;the juvenile assessment center where the juvenile cited is to appear withinseventy-two hours after the issuance of the civil citation; and a warningthat failure to appear in accordance with the command of the civil citationor failure to provide the information necessary for the peace officer to completethe civil citation will result in the juvenile being taken into temporarycustody as provided in sections 43-248 and 43-250;(3) At the time of issuanceof a civil citation by the peace officer, the peace officer shall advise thejuvenile that the juvenile has the option to refuse the civil citation andbe taken directly into temporary custody as provided in sections 43-248 and 43-250. The option to refuse the civil citation may be exercised at any timeprior to compliance with any services required pursuant to subdivision (5)of this section;(4) Upon issuing a civil citation, the peace officer shall provideor send a copy of the civil citation to the appropriate county attorney, thejuvenile assessment center, and the parents or guardian of the juvenile;(5) The juvenileshall report to the juvenile assessment center as instructed by the citation.The juvenile assessment center may require the juvenile to participate incommunity service or other available services appropriate to the needs ofthe juvenile identified by the juvenile assessment center which may includefamily counseling, urinalysis monitoring, or substance abuse and mental healthtreatment services; and(6) If the juvenile fails to comply with any services requiredpursuant to subdivision (5) of this section or if the juvenile is issued athird or subsequent civil citation, a peace officer shall take the juvenileinto temporary custody as provided in sections 43-248 and 43-250. SourceLaws 2010, LB800, § 10.Effective Date: July 15, 2010