REPORT TITLE:
Juvenile Justice


DESCRIPTION:
Provides for an appropriation to the Office of Youth Services.
Redesignates the Hawaii Youth Correctional Facility as part of a
larger entity known as the Hawaii Youth Correctional Facility and
Program.  Provides for the allocation of up to $24,000 per year
per child for alternative programs to avoid incarceration at the
facility.  Appropriates $720,000.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            278         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII YOUTH CORRECTIONAL FACILITY AND PROGRAM.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 352, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§352-    Annual allocation.  For each child committed by
 
 5 the courts of the State to a juvenile correctional facility, the
 
 6 director of youth services shall allocate a minimum of $6,000 for
 
 7 every three months of such sentence to be used for treatment and
 
 8 correctional services."
 
 9      SECTION 2.  Section 352-2.1, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  This chapter creates within the department of human
 
12 services, and to be placed within the office of youth services
 
13 under the supervision of the director and such other subordinates
 
14 as the director shall designate, the Hawaii youth correctional
 
15 [facilities, in order to provide for the incarceration,
 
16 punishment, and institutional care and services to reintegrate
 
17 into their communities and families, children committed by the
 
18 courts of the State.] facility program.  Because children
 
19 committed to youth facilities by the courts of the State shall
 

 
Page 2                                         278         
                                     H.B. NO.           
                                                        
                                                        

 
 1 eventually return to their communities and families, the director
 
 2 shall provide an opportunity for each child to participate in a
 
 3 program or programs that are an alternative to incarceration.
 
 4 Participation in any such program shall be subject to such
 
 5 conditions as are imposed upon the child by the director."
 
 6      SECTION 3.  Section 352-25, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§352-25  Furlough, parole, discharge.  The director, for
 
 9 good reasons shown to the director's satisfaction, may furlough
 
10 or parole any person committed to the director's custody[.],
 
11 regardless of the length of commitment.  The director shall give
 
12 the court and the prosecutor's office of the appropriate county a
 
13 thirty-day notice prior to discharging a committed person.  Prior
 
14 court approval shall be obtained when [such] approval is
 
15 specifically required in the commitment order.
 
16      No furlough, parole, or discharge shall be granted unless it
 
17 appears to the director that there is a reasonable probability
 
18 that the person will not violate the law and that the person's
 
19 release is not incompatible with the welfare and safety of
 
20 society.
 
21      The form of furlough or parole may include return to the
 
22 person's own home, transfer to another youth correctional
 

 
 
 
Page 3                                         278         
                                     H.B. NO.           
                                                        
                                                        

 
 1 facility, a group home or foster home placement, or other
 
 2 appropriate alternative.  Nonresidential programs may be made
 
 3 available to selected persons on furlough such that they return
 
 4 to the facility during nontreatment hours."
 
 5      SECTION 4.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $750,000 or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000 for
 
 8 treatment and correctional services to youth committed to a youth
 
 9 correctional facility.
 
10      SECTION 5.  The sum appropriated shall be expended by the
 
11 director of youth services for the purposes of this Act.
 
12      SECTION 6.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 7.  This Act shall take effect on July 1, 1999.
 
15 
 
16                           INTRODUCED BY:  _______________________