Section 43-276 - County attorney; city attorney; criminal charge, juvenile court petition, pretrial diversion, restorative justice, or transfer of case; determination; considerations; referral to community-based resources(1) The county attorney or city attorney, in making the determination whether to file a criminal charge, file a juvenile court petition, offer juvenile pretrial diversion or restorative justice, or transfer a case to or from juvenile court, and the juvenile court, county court, or district court in making the determination whether to transfer a case, shall consider: (a) The type of treatment such juvenile would most likely be amenable to;(b) whether there is evidence that the alleged offense included violence;(c) the motivation for the commission of the offense;(d) the age of the juvenile and the ages and circumstances of any others involved in the offense; (e) the previous history of the juvenile, including whether he or she had been convicted of any previous offenses or adjudicated in juvenile court;(f) the best interests of the juvenile; (g) consideration of public safety; (h) consideration of the juvenile's ability to appreciate the nature and seriousness of his or her conduct; (i) whether the best interests of the juvenile and the security of the public may require that the juvenile continue in secure detention or under supervision for a period extending beyond his or her minority and, if so, the available alternatives best suited to this purpose;(j) whether the victim or juvenile agree to participate in restorative justice;(k) whether there is a juvenile pretrial diversion program established pursuant to sections 43-260.02 to 43-260.07;(l) whether the juvenile has been convicted of or has acknowledged unauthorized use or possession of a firearm;(m) whether a juvenile court order has been issued for the juvenile pursuant to section 43-2,106.03;(n) whether the juvenile is a criminal street gang member; and(o) such other matters as the parties deem relevant to aid in the decision.(2) Prior to filing a petition alleging that a juvenile is a juvenile as described in subdivision (3)(b) of section 43-247, the county attorney shall make reasonable efforts to refer the juvenile and family to community-based resources available to address the juvenile's behaviors, provide crisis intervention, and maintain the juvenile safely in the home. Failure to describe the efforts required by this subsection shall be a defense to adjudication.Neb. Rev. Stat. §§ 43-276
Laws 1981, LB 346, § 32; Laws 1998, LB 1073, § 22; Laws 2000, LB 1167, § 20; Laws 2003, LB 43, § 14; Laws 2008, LB 1014, § 40; Laws 2009, LB 63, § 30; Laws 2012, LB 972, § 2; Laws 2014, LB 464, § 17; Laws 2015, LB 482, § 5; Laws 2019, LB 595, § 30.Amended by Laws 2019, LB 595,§ 30, eff. 9/1/2019.Amended by Laws 2015, LB 482,§ 5, eff. 8/30/2015.Amended by Laws 2014, LB 464,§ 17, eff. 1/1/2015.