Report Title:
Incarcerated Juveniles; Out-of-State Transfers
Description:
Requires OYS to obtain legislative approval before transferring any incarcerated juvenile from the HYCF to an out-of-state youth correctional facility; requires adequate notice to the incarcerated juvenile's parent or legal guardian.
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THE SENATE |
S.B. NO. |
45 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to youth correctional facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The office of youth services recently transferred incarcerated juveniles from the Hawaii youth correctional facility to an out-of-state youth correctional facility, without notice to their parents or legal guardians. The legislature finds that it is vital that children remain close to their families in order to achieve the highest level of rehabilitation.
The purpose of this Act is to require the office of youth services to:
(1) Give the parent or legal guardian of an incarcerated juvenile adequate notice of the intent to transfer the incarcerated juvenile to an out-of-state facility; and
(2) Submit a request to the legislature for approval of a transfer of incarcerated juveniles to an out-of-state facility, including the reason for the anticipated transfer.
SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§352- Transfer of incarcerated youths to out-of-state youth correctional facilities. (a) The executive director of the office of youth services may effect the transfer of an incarcerated juvenile from the Hawaii youth correctional facility to an out-of-state youth correctional facility if:
(1) The transfer is in the best interest of the incarcerated juvenile;
(2) The transfer is in the best interest of the security or good management of the Hawaii youth correctional facility;
(3) A request outlining the reason for the requested transfer, including an estimated budget and cost-benefit analysis of the transfer, has been submitted to and approved by the Hawaii state legislature by concurrent resolution;
(4) Adequate notice of the transfer is given to the parent or legal guardian of the incarcerated juvenile; and
(5) Adequate programs and services to the incarcerated juveniles are provided at the out-of-state youth correctional facility."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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