Requires implementation of policies and procedures, protocols, and a quality assurance program to ensure adequate youth correctional facility staff training. Provides for comprehensive assessments of all persons committed to youth correctional facilities. Revises duties and responsibilities of regional advisory boards. (SD2)

A BILL FOR AN ACT

SECTION 1. Chapter 352, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§352-   Policies and procedures. The director shall develop and implement policies and procedures that comport with national best practices in juvenile justice; provided that the policies and procedures shall include protocols for suicide prevention, proper use of force, and working with children with special needs, mental health disorders, substance abuse issues, or a combination thereof.

§352-   Quality assurance program. The director shall develop and implement a quality assurance program that identifies evaluation and monitoring procedures to assure:

Evaluations shall be conducted on a monthly basis."

SECTION 2. Section 352-5, Hawaii Revised Statutes, is amended to read as follows:

"§352-5 Staff standards and training. The director shall establish written standards of conduct and operation to govern each staff member during working hours. Standards shall include a sick leave policy and protocols regarding suicide prevention, proper use of force, substance abuse, mental health issues, and rehabilitation of persons committed to a facility. 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."

SECTION 3. Section 352-13, Hawaii Revised Statutes, is amended to read as follows:

"§352-13 Evaluation, counseling, training. The director shall provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, 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. The director shall develop and implement a program to:

SECTION 4. Section 352D-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§352D-9[]] Office of youth services regional advisory boards; power, duties, and authority. (a) There shall be established a regional advisory board located in each county and they shall be called the Hawaii, Kauai, Maui, and Oahu regional advisory boards, respectively. The office shall provide staff support for each board. Each board shall elect annually from among its members a chairperson who shall preside at its regular meetings. Each board shall be composed of eleven voting members. Each board's membership shall include four lay persons, of which two shall possess knowledge of youth services, all appointed by the governor as provided in section 26-34[.]; provided that two persons shall be selected from a list of four names jointly compiled by the speaker of the house of representatives and the president of the senate.

The Oahu regional advisory board shall include the superintendent of education, the public defender, the directors of human services and health, the police chief and the prosecuting attorney of the city and county of Honolulu, and the senior family court judge of the first circuit, or their designees.

The other regional advisory boards shall include the county's chief of police and prosecuting attorney, a deputy public defender, a family court judge, and one representative each from the departments of education, human services, and health, who shall be selected by their respective directors, or their designees.

All board members shall be residents of the county in which the regional advisory board to which they are appointed is located, and shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties.

(b) Each regional board shall have the responsibility of investigating and reporting misfeasance and malfeasance, inquiring into areas of concern, and conducting periodic audit evaluations of youth correctional facilities within its region to ascertain their effectiveness and compliance with established responsibilities. Each regional board shall have the authority to examine all records and budgets pertaining to youth correctional facilities within its region, and shall have access to youth correctional facilities within its region for the purpose of conducting site visits and speaking with persons committed to the facilities and staff members.

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

SECTION 5. Nothing in this Act shall be construed to require the department of human services or the office of youth services to take any action that conflicts with any provision of the memorandum of agreement between the U.S. Department of Justice and the State regarding improvements to bring the Hawaii youth correctional facility into compliance with federal law.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.