Provides for the establishment of one or more community youth investment demonstration projects in Hawaii's counties to reduce juvenile incarceration, teach youth accountability to victims and the community, and invest in early intervention and prevention.

A BILL FOR AN ACT

SECTION 1. The legislature finds that some youth offenders, particularly of violent crimes, require state incarceration. However, many offenders can be served effectively outside of state institutions. The decision to incarcerate repeat juvenile offenders makes incarceration a bigger priority over investing in early intervention and other human service programs.

In 1998, Deschutes County in the State of Oregon established the community youth investment program in an attempt to tackle the runaway costs of juvenile incarceration and encourage investment in early intervention and prevention programs. This model places responsibility on the community and county workers to supervise and treat non-violent offenders who would in the past have gone straight to state institutions.

Under the community youth investment program, which was a finalist for a Ford Foundation–Harvard University 2000 innovation award, eligible offenders instead participate in a secure custody county treatment program and the county earns $48,000 annually from the State for each youth it treats locally. Offenders are required to complete a behavioral restructuring program, mental health treatment, and pay back their victims and the community through restitution and highly creative, visible work service projects. Forty per cent of state funds earned through treating youth locally are invested in early intervention and prevention programs that have proven to work across the country.

In Oregon, annual state incarcerations of Deschutes County youth dropped from twenty-three in December, 1997, to five in October 1999, the most significant incarceration reduction in the country. Since the program began, youth in this program have performed over eleven thousand hours of community service, valued at more than $70,000. Projects include two Habitat for Humanity homes, construction of a park, construction of bunk beds for impoverished families, and a downtown beautification project. The county has also earned more than $645,000 in state funds for reinvestment in early intervention and prevention efforts.

The legislature finds that through the community youth investment program, youth learn real accountability to their victims and community while the county earns the right to invest corrections dollars for the early intervention programs that make sense to both the community and researchers. Accordingly, the purpose of this Act is to provide for the establishment of one or more community youth investment demonstration projects in Hawaii's counties.

SECTION 2. Community youth investment demonstration project. (a) The governing body of each county may establish by ordinance or resolution a community youth investment demonstration project (hereinafter, the "demonstration project" or "project") that assumes local management responsibility for certain adjudicated delinquent youth to reduce reliance on incarcerating youth in Hawaii youth correctional facilities under chapter 352, Hawaii Revised Statutes. The guiding principles of the project are to:

(b) From within the available funding and resources authorized for this project, an independent entity, agreed upon by the office of youth services regional advisory boards established pursuant to section 352D-9, shall conduct an evaluation of specific results and outcomes. The independent entity shall conduct the evaluation process in consultation with the office of youth services.

(c) Each county that establishes a demonstration project shall provide interim progress reports to the office of youth services, to the state legislative committees having jurisdiction over judicial matters, and, upon request, to any other interested state legislative committees as part of any request for authorization for additional phases of the project.

(d) No later than October 1, 2003, the office of youth services and each county that establishes a demonstration project shall submit a final evaluation of the project to the legislature and to any other interested parties.

(e) The county or the State may discontinue participation in the demonstration project if it determines that the risk exceeds the level of resources available. If the State or county seeks to discontinue participation, it shall make written notification to the office of youth services at least ninety days before terminating its participation.

(f) Each county that establishes a demonstration project shall develop an implementation plan for the first phase of the project for review and authorization by the office of youth services. The county shall include in the plan a description of the services needed to divert the commitment of youth from Hawaii youth correction facilities, and how those services are to be administered, if funds are authorized by the office of youth services for the first phase of the project. The implementation plan must also receive a letter of concurrence from the presiding judge of the circuit court for the county.

SECTION 3. (a) Each county shall include in the project youth who are placed in a Hawaii youth correctional facility and youth who, without the demonstration project, would be placed in such a facility. The county may not include youth who have received felony convictions as young adult defendants under section 706-667, Hawaii Revised Statutes, or incarcerated in state correctional facilities for adults as part of the formula described in subsection (b).

(b) The State shall annually determine each county's use of Hawaii youth correctional facilities, excluding youth ineligible for the project as described in subsection (a), through application of a formula established by the office of youth services.

(c) Each county shall place youth that have been placed in Hawaii youth correctional facilities in the community according to rules adopted by the office of youth services pursuant to chapter 91, Hawaii Revised Statutes. The trial judge originally placing the youth in a Hawaii youth correctional facility, or the presiding judge, shall conduct a review hearing at the request of the county or the State.

(d) Each county shall provide youth targeted for the demonstration project with services similar to but not necessarily the same as those that the youth would have received in a Hawaii youth correctional facility. For each youth eligible for the demonstration project, the county shall ensure that the community’s need for safety will be met.

(e) Prior to removing youth from a Hawaii youth correctional facility into community placements, the county shall develop individual plans for eligible youth.

(f) The county shall implement the demonstration project by accessing existing or developing new community services. The county may not access state operated community placements at a higher level than an equitable portion of state resources, and the percentage of county youth waived to adult court may not exceed the rate per population base prior to the demonstration project.

SECTION 4. (a) For each eligible youth moved from a Hawaii youth correctional facility into a community placement, the State shall provide each county participating in the demonstration project with funds equal to the average daily cost of services for incarceration in a Hawaii youth correctional facility. The State shall adjust the amount annually to reflect cost adjustments within the Hawaii youth correctional facilities.

(b) Beginning July 1, 2002, and annually thereafter, each county shall inform the office of youth services of the number of eligible youth the county intends to serve in community placements for the entire year. The State shall provide the county with demonstration funds for those youth.

(c) Each county shall ensure availability of secure placements and services for eligible youth placed in the community prior to reinvesting any funds in other juvenile crime prevention activities. The county shall invest any excess funds in community based programs and services designed to reduce juvenile crime. The county shall document its use of demonstration funds.

(d) Beginning July 1, 2002, and annually thereafter, each county shall inform the office of youth services of the number of beds in Hawaii youth correctional facilities necessary for eligible project youth. If the actual number of eligible youth placed in Hawaii youth correctional facilities exceeds the projected need, the county shall pay for placements in Hawaii youth correctional facilities at the same daily rate as described in subsection (a). The office of youth services shall receive funds only for the actual number of days these youth are in Hawaii youth correctional facilities.

(e) Reconciliation between the amount owed the county or the State shall occur at the close of each fiscal year.

(f) County representatives responsible for implementation of a demonstration project in that county shall report to the office of youth services, to the legislative committees having jurisdiction over judicial matters, and, upon request, to any other interested legislative committees on the status of the project on a quarterly basis until such time as the demonstration project is fully implemented, and, upon full implementation, on an annual basis. The county shall provide the following information for inclusion in these reports:

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the establishment of community youth investment demonstration projects in Hawaii's counties as provided in this Act. Funds shall be allocated by the office of youth services in the following manner and sequence:

SECTION 6. The sum appropriated shall be expended by the office of youth services for the purposes of this Act.

SECTION 7. This Act shall take effect on July 1, 2001.