HB937 HD1

Report Title:

Youth Services; Hawaii Commission on Juvenile Justice

Description:

Creates a Hawaii commission on juvenile justice to oversee the Hawaii youth correctional facility and the office of youth services. Attaches for administrative purposes to the department of human services. Appropriates funds. (HB937 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	937
TWENTY-THIRD LEGISLATURE, 2005		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to human services.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

commission on juvenile justice

§ -1 Commission on juvenile justice; established. There is established, within the department of human services, the Hawaii juvenile justice commission. The commission members shall be exempt from chapter 76. The operations of the commission on juvenile justice shall be funded by moneys appropriated to the department of human services.

§ -2 Powers and duties of the commission. (a) The commission shall have oversight of the Hawaii youth correctional facility and the office of youth services. The commission shall serve as the policy-making body for:

(1) Prevention, intervention, and diversion programs that deter youth from being incarcerated;

(2) Secure care services for youth incarcerated at correctional facilities in Hawaii; and

(3) Parole and after-care services to enable incarcerated youth to transition successfully to the community and their families.

(b) In addition to any other powers provided by this chapter, the commission may adopt rules, pursuant to chapter 91, necessary to implement this chapter and do any and all things necessary to effectuate the purposes of this chapter.

(1) Developing policies and procedures, in collaboration with the Hawaii youth correctional facility and the office of youth services, to ensure that national standards and best practices requirements are implemented;

(2) Developing and maintaining standardized practices for Hawaii's juvenile justice system for implementation by state and county agencies and private service providers;

(3) Maintaining a quality assurance system to actively review measurable outcomes of youth programs to meet national standards and best practices requirements;

(4) Conducting audits of the Hawaii youth correctional facility and the office of youth services as necessary, and submitting timely audit reports to the legislature;

(5) Conducting administrative investigations of critical incidents and personnel, as needed;

(6) Developing and implementing a juvenile justice strategic plan in collaboration with state, county, and private agencies that work with youth. The plan shall be submitted for public review and be updated no less than every five years; and

(7) Collaborating with the University of Hawaii to develop a college of criminal justice with a juvenile justice component that undertakes research and program development, with the goal of providing candidates to work with juveniles in the criminal justice system.

§ -3 Commission members; appointment and compensation. (a) The commission shall be comprised of five members. There shall be appointed one member from each of the four counties and one member appointed at large. Members shall be appointed by the governor with the advice and consent of the senate for a term of four years. Two members shall be selected from a list of nominees submitted to the governor by the president of the senate and two members shall be selected from a list of nominees submitted to the governor by the speaker of the house of representatives. The governor shall appoint the commission members in the manner prescribed by section 26-34.

(b) The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law. A majority of the commission shall elect one of its members to serve as the chairperson. The commission shall meet no more than once per month and no less than once per quarter; provided that an emergency meeting may be convened at the request of the administrator of the Hawaii youth correctional facilities, the director of the office of youth services, or the chairperson of the commission. Members of the commission shall receive at the rate of $100 compensation per meeting.

(c) The commission shall appoint an executive director to administer the operations of the commission. The executive director shall be exempt from chapter 76. The commission may appoint and employ other staff who shall be exempt from chapter 76 as necessary for the performance of the commission's powers and duties.

§ -4 Salary and duties of executive director. (a) The commission shall define the executive director's powers and duties and fix the executive director's compensation. The executive director and any staff shall be entitled to participate in any public employee benefit plan.

(b) In addition to the duties established by the commission, the duties of the executive director shall include but not be limited to:

(1) Assisting in the development of policies and directives to ensure the well being of at-risk and incarcerated youth and to preserve the civil rights of at-risk and incarcerated youth;

(2) Obtaining and providing information on national and local standard practices and best practices, as well as the spectrum of services provided by the Hawaii youth correctional facility and the office of youth services; and

(3) Implementing the administrative and operational responsibilities of the commission.

§ -5 Annual report to the legislature. The commission shall submit to the legislature and the governor an annual report no later than twenty days prior to the convening of each regular session, beginning with the 2008 regular session. The report shall include but not be limited to:

(1) A summary of the commission's activities under this chapter;

(2) A review of the status of youth services in the state;

(3) A review of the status of services provided by the Hawaii youth correctional facility and the office of youth services; and

(4) Recommendations for priorities for the development and coordination of youth services."

SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended as follows:

1. By amending sections 352-1 to 352-5 to read:

"§352-1 Definitions. In this chapter, unless the context clearly indicates otherwise:

[~~"Director"~~] "Administrator" means the [~~executive director of the office of youth services.~~] administrator of the Hawaii youth correctional facility.

"Commission" means the commission on juvenile justice established pursuant to section -1.

"Department" means the department of human services[; ~~provided that the powers, duties, and functions relating to the Hawaii youth correctional facilities shall be administered by the office of youth services~~].

"Discharge" means the ending of the [~~executive director of the office of youth services'~~] administrator of the Hawaii youth correctional facility's supervision of a person when the term of the person's commitment has ended or when the [~~director~~] administrator believes the purpose of the term of commitment has been achieved.

"Furlough" means an authorized absence of short duration from a youth correctional facility.

"Parole" means the conditional release of a person committed to a youth correctional facility whereby the person remains in the custody of the [~~director~~] administrator and under the supervision of the juvenile parole office.

"Term of commitment" means the time period during which family court retains jurisdiction over a person after adjudication. During the term of commitment, the family court may vest custody of the person in another person, organization, agency, facility, or other suitable entity.

§352-2.1 [~~Purpose.~~] Establishment; purpose. (a) [~~This chapter creates~~] There is established within the department of human services for administrative purposes only[~~, and to be placed within the office of youth services under the supervision of the director and such other subordinates as the director shall designate,~~] the Hawaii youth correctional facilities. The Hawaii youth correctional facilities[~~, in order to~~] shall provide for the incarceration, punishment, and institutional care and services to [~~reintegrate into their communities and families,~~] children committed by the courts of the State. The youth correctional facilities shall also provide after care services so that youth released from secure care may be reintegrated into their communities and families.

(b) The commission shall have administrative and operational oversight of the administrator of the Hawaii youth correctional facilities. The commission shall appoint, without regard to chapter 76 an administrator who, under the direction of the commission, shall be responsible for the internal organization, operation, and management of the youth correctional facilities.

[~~(b)~~] (c) The policy and purpose of this chapter is to harmonize the sometimes conflicting requirements of public safety, secure placement, and individualized services for law violators in the custody and care of the [~~director.~~] administrator. To that end, the [~~director~~] administrator shall [~~provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, prevocational and vocational training, and employment counseling to~~] ensure that the youth correctional facilities and other needed correctional services meet the present needs of all persons committed to the Hawaii youth correctional facilities. [~~Counseling services shall be available to the committed person's family during the term of commitment.~~] The [~~director shall~~] administrator shall work with the commission to coordinate services provided to the facilities by other departments and agencies[~~, to realize these policies and purposes~~].

§352-3 Contracting with private agencies for residential youth facilities. The [~~department~~] administrator may contract with private agencies to provide residential youth facilities.

§352-4 Rules [~~and regulations.~~] The [~~director~~] administrator, in consultation with the commission, may adopt rules [~~and regulations~~] to carry out the purposes of this chapter. The rules [~~and regulations~~] shall be approved by the governor but shall not be subject to the public notice and public hearing requirements of chapter 91, or require publication [~~in order~~] to be valid and binding upon all committed persons and officers and employees of such facilities. The rules shall be [~~printed from time to time.~~] filed with the office of the lieutenant governor and be made available online on the State of Hawaii website.

§352-5 Staff standards and training. All staff members are exempt from the requirements under chapter 76. The [~~director~~] administrator, in consultation with the commission, shall establish written standards of conduct and operation to govern each staff member during working hours. New staff members shall undergo initial training to prepare them to comply with the standards. Attendance at periodic training sessions shall be mandatory to increase staff members' effectiveness in carrying out their duties. For purposes of this section, "staff member" means any employee of the Hawaii youth correctional facilities who is directly involved with the treatment and care of persons committed to a facility.

2. By amending section 352-7 to read:

"§352-7 Records. (a) The [~~director~~] administrator shall [~~establish a~~] cause to be made:

(1) A needs assessment of every youth admitted and shall prescribe a program plan based on the assessment results; and

(2) A record of all facts relating to the admission, discharge, escape, death, medical and mental history, programs[,] offered and completed, and significant occurrences concerning a committed person.

(b) An exact account shall also be kept of all moneys received for work performed by the committed persons and from authorized sources for the use of any committed person, as well as of the expenditure of such moneys as shall be authorized from time to time by the [~~director.~~] administrator.

(c) The [~~director~~] administrator shall report any information collected, except psychiatric reports, to the juvenile justice information system. The date of preparation, the preparer, and the existence of a psychiatric report may be included in the juvenile justice information system."

3. By amending sections 352-12 to 352-16 to read:

"§352-12 Segregation of committed persons. Persons committed to the youth correctional facilities shall be kept segregated based on considerations including age, gender, maturity level, attitude, behavior, offense committed, commitment period, and rehabilitation status.

§352-13 Evaluation, counseling, and training. The [~~director~~] administrator shall provide [~~the opportunity for~~] intelligence and aptitude evaluation, diagnostic and psychological testing, supervision and counseling[,] services, treatment and rehabilitative services, prevocational and vocational training, and employment counseling to all persons committed to the youth correctional facilities. Counseling services shall be available for the committed person's family, including a reciprocal beneficiary, during the term of commitment.

§352-14 Educational programs provided by the department of education. (a) The department of education shall provide educational programs, ranging from basic, remedial, special, and vocational education, for those persons committed to the youth correctional facilities. These educational programs shall be adapted to the needs of the persons committed as prescribed by the department of education in coordination with the [~~director.~~] administrator.

(b) The administrator shall develop an alternative education program with qualified staff. The pilot program shall be established in collaboration with the commission and shall be implemented for a minimum period of five years.

§352-15 Recreational and program activities. The [~~director~~] administrator shall provide [~~the opportunity~~] opportunities for [~~the recreation of those persons committed to the facilities.~~] recreational and other programs to effectively occupy the time of the youth placed in a facility under the facility's jurisdiction that promote the development of self-esteem and useful skills to prepare such persons to become productive members of the community. Work programs for such persons shall be established and may include farming, sewing, plant nursery, [~~and~~] animal husbandry[.], and other fields of industry so as to be competitive in the current job market.

§352-16 Establishment of work release. (a) The [~~director,~~] administrator, in accordance with rules [~~and regulations~~] adopted by the [~~director,~~] administrator, may establish a work release plan for persons who are committed to the [~~director's~~] administrator's care and who are receiving care and treatment in a youth correctional facility; provided that such a plan shall not interfere with any educational program in which such persons may be enrolled.

(b) Under such a work release plan, any such person may be authorized to secure or continue in suitable employment outside of such youth correctional facility, and unless otherwise authorized by the department with respect to specific cases, return to and remain in such facility during non-working hours.

(c) Employment under such a work release plan may be at a wage less than the minimum wage authorized in chapter 387; provided that no more than five hours of a person's work week shall be paid at wages less than the minimum wage.

(d) It shall be the duty of the employer of [~~a person~~] persons participating in a work release plan to transmit to the [~~director~~] administrator the earnings of such persons. The transmission to the [~~director~~] administrator of the earnings of such [~~person~~] persons shall operate to discharge such employer from any further obligation to such [~~person~~] persons except with respect to any taxes lawfully withheld from them wages of such [~~person~~] persons.

(e) The earnings transmitted to the [~~director~~] administrator by a person's employer under a work release plan shall be held to the account of such person."

4. By amending section 352-26 to read:

"§352-26 Taking into custody and detaining persons for violations of terms and conditions of parole and furlough and attempted escape. (a) With respect to any person whose legal custody was vested in the [~~director,~~] administrator, who has been paroled or furloughed from a youth correctional facility by the [~~director~~] administrator and returned to the person's own home or other place within the community, the provisions of subsection (b) or (c) shall apply, if, in the opinion of a designated employee of the [~~department,~~] administrator, such person is in violation of the terms and conditions of the person's parole or furlough.

(b) In the case of a person under nineteen years of age, such designated employee may:

(1) Notify the [~~director~~] administrator or the [~~director's~~] administrator's designated agent of such alleged violation and, if the [~~director~~] administrator issues a written order to such effect, take such person into custody and place such person in such appropriate youth correctional facility as may be designated in such order until determinations as to such person's further care and treatment are made. In the event of retaking for an alleged violation of parole, the [~~director~~] administrator or the [~~director's~~] administrator's agent shall notify the person, and the person's parent, guardian, or custodian of the right to legal counsel and to appeal the issuance and execution of such order. The office of juvenile parole shall hold a hearing within thirty days after the person's return to determine whether parole should be revoked. The juvenile parole office staff shall render reasonable aid to the person in preparation for the hearing.

(2) Take such person into custody and place the person in an appropriate youth correctional facility until determinations as to such person's further care and treatment are made by the [~~department~~] administrator if such employee has reason to believe that permitting such person to remain in the person's own home or other place within the community would be dangerous to the person or to the community or that such person is about to flee the jurisdiction of the department. Such employee, at the time of taking such person into custody, shall advise such person as to the specific terms and conditions of the person's parole or furlough which the person is alleged to have violated and of the person's right to legal counsel and appeal. Provisions regarding possible parole revocation shall apply as enumerated in paragraph (1).

(1) Take the person into custody and place the person in an appropriate adult correctional facility if the alleged violation constitutes a crime and the [~~director~~] administrator has been notified and subsequently issued a written order to that effect. In the event of retaking for such an alleged violation of parole, the [~~director~~] administrator or the [~~director's~~] administrator's agent shall notify the person of the right to legal counsel and to appeal the issuance and execution of such order. The office of juvenile parole shall hold a hearing within thirty days after the person's incarceration in an adult facility to determine whether parole should be revoked. The juvenile parole office staff shall render reasonable aid to the person in preparation for the hearing.

(2) Notify the [~~director~~] administrator of an alleged violation of parole. The [~~director~~] administrator may petition the family court for an ex parte order based on the alleged violation to take the person into custody and place the person in an appropriate adult correctional facility. The person shall be notified of the issuance and execution of such a court order and of the right to legal counsel and appeal. A juvenile parole office hearing shall be held within thirty days after a person's placement in an adult facility to determine whether parole shall be revoked.

(d) Any person whose legal custody has been vested in the [~~director~~] administrator and who has escaped from the facility may be taken into custody by a police officer or an employee of the [~~department~~] administrator without a warrant or an order issued by the [~~director~~] administrator and returned to the facility.

(e) When called upon by any designated employee of the [~~department,~~] administrator, any police officer shall assist in taking a person into custody pursuant to the provisions of this section."

5. By amending section 352-30 to read:

"§352-30 Delegation of responsibilities. The [~~director~~] administrator may delegate any of the [~~director's~~] administrator's responsibilities pursuant to this chapter to a representative of the [~~department~~] administrator except those that relate to discretionary discharge before the term of the person's commitment has ended."

6. By amending sections 352-6, 352-8, 352-9, 352-10, 352-11, 352-17, 352-18, 352-19, 352-20, 352-21, 352-22, 352-23, 352-24, 352-25, 352-26.1, 352-27, 352-28, 352-29, 352-31, by substituting the word "administrator" or like term, wherever the word "director" or like term, appears, as the context requires.

SECTION 3. Chapter 352D, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to section 352D-3 to be appropriately inserted and to read as follows:

""Commission" means the commission on juvenile justice established pursuant to section -1."

2. By amending section 352D-4 to read:

"[[]§352D-4[]] Establishment; purpose. There is established within the department of human services for administrative purposes only the office of youth services. The office of youth services is established to provide services and programs for youth at risk under one umbrella agency in order to facilitate optimum service delivery, to prevent delinquency, and to reduce the incidence of recidivism among juveniles through the provision of prevention, rehabilitation, and treatment services. The office shall also be responsible for program planning and development, intake/assessment, oversight, as well as consultation, technical assistance, and staff training relating to the delivery of services. The commission shall have administrative and operational oversight of the office of youth services.

The office shall provide a continuum of services as follows:

(1) An integrated intake/assessment and case management system;

(2) The necessary educational, vocational, social counseling and mental health services;

(3) Community-based shelter and residential facilities;

(4) Oversight of youth services; and

(5) Other programs which encourage the development of positive self-images and useful skills in such youth.

[To this end, on July 1, 1991, this office shall assume the responsibilities for juvenile corrections functions, which were temporarily placed in the department of corrections pursuant to Act 338 of 1987. These functions shall include, but not be limited to, all responsibilities, under chapter 352, for the Hawaii youth correctional facilities.]"

3. By amending subsection (a) of section 352D-5 to read:

"(a) The office of youth services shall be headed by an executive director who shall be appointed by the [~~governor~~] commission without regard to chapter 76. The executive director may appoint such other staff as may be necessary to carry out the duties of the office of youth services."

4. By amending section 352D-6 to read:

"§352D-6 [~~Organizational~~] Functions of office; organizational structure. (a) The office of youth services shall be composed of such divisions and sections as are deemed necessary by the executive director to:

(1) Provide diagnostic evaluation, treatment, and rehabilitation services for all youths referred to services provided by the office or placed in the office's custody by the family court;

(2) Provide supervision and counseling services for youth in [~~shelter or correctional facilities under the office's jurisdiction,~~] shelters, including community-based facilities;

[~~(3)~~ Provide educational, vocational-educational, and other programs to effectively occupy the time of the youth placed in a facility under the office's jurisdiction which promote the development of self-esteem and useful skills to prepare youths in becoming productive members of the community;

~~(4)~~] (3) Provide continuous program planning, development, and coordination of youth services, including the coordination with other government and private social service agencies that work with youths to ensure that a full-range of programs is available and that such programs are consistent with the policy of this chapter and are not unnecessarily duplicative or conflicting;

[~~(5)~~] (4) Provide prevention services to include a comprehensive intake/assessment and information/referral system throughout the State which shall access services to youth and their families;

[~~(6)~~] (5) Provide a case management system based on the individual needs of youth which shall provide for in-depth client assessment, appropriate service planning, and client advocacy;

[~~(7)~~ Provide for the implementation of chapter 352, youth correctional facilities and other needed correctional services, including ensuring that these facilities and services meet the present and future needs of youth under the jurisdiction of the youth correctional facilities;

~~(8)~~] (6) Facilitate the development of and, when appropriate, provide for training programs for persons offering services to youth at risk;

[~~(9)~~] (7) Provide for technical assistance and consultation to providers and potential providers;

[~~(10)~~] (8) Seek, apply for, and encourage the use of all federal funds for youth services and facilitate the coordination of federal, state, and local policies concerning services for youth; and

[~~(11)~~ Prepare and submit an annual report to the governor and the legislature. This report shall include, but not be limited to, a review of the status of youth services within the State, recommendations for priorities for the development and coordination of youth services; and

~~(12)~~] (9) Monitor, evaluate, and audit all grants, subsidies, and purchase of services under chapter 42D which relate to the office of youth services.

(b) The executive director, in collaboration with the commission, shall develop benchmarks for each function listed in subsection (a) to gauge progress in its areas of responsibility."

5. By amending subsection (b) of section 352D-9 to read:

"(b) There shall be a combined meeting of all boards at least once a year. Each regional board shall advise the commission and the office on:

(1) General policies relating to the youth service system, including but not limited to planning, integration, development, and coordination to effectuate the purposes of this chapter;

(2) Monitoring and evaluating youth services as they relate to the coordination and integration of the youth service system within its region; and

(3) Any pertinent issue related to the youth service system within its region."

6. By amending section 352D-10 to read:

"[[]§352D-10[]] Regional directors; powers, duties, and authority. The executive director shall appoint a regional director in each county. Each regional director shall be exempt from chapter 76, and shall answer to the commission and the executive director. The regional director shall:

(1) Oversee the youth services centers located in the director's region;

(2) Assist the executive director in coordinating, monitoring, and evaluating all programs and activities operated by the office within its region;

(3) Advise the executive director on any pertinent issue related to the youth service system within the director's region; and

(4) Provide staff support for the regional advisory board located in the director's region."

SECTION 4. 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 2006-2007 for the creation of the Hawaii commission on juvenile justice.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2006; provided that section 1 shall take effect on July 1, 2007.