Report Title:

Incarcerated Juveniles; Out-of-State Transfers

Description:

Requires OYS to provide notice to the legislature before transferring any incarcerated juvenile from the HYCF to an out-of-state youth correctional facility through the budgetary process. (SD2)

THE SENATE

S.B. NO.

45

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

 


 

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 submit notice to the legislature through the budgetary process of a possible 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. 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 provided that notice of the proposed transfer has been provided to the legislature through the budgetary process."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.