HCR297

WHEREAS, the Family Court has exclusive original jurisdiction in proceedings involving a felony act allegedly committed by a juvenile under the age of eighteen pursuant to section 571‑11, Hawaii Revised Statutes; and

WHEREAS, if the juvenile was between the age of fourteen and eighteen at the time the act was allegedly committed, the Family Court can waive its jurisdiction and order the juvenile held for criminal proceedings pursuant to section 571‑22, Hawaii Revised Statutes; and

WHEREAS, however, the Family Court must complete a full investigation and hearing to determine whether certain criteria exist to warrant excluding the juvenile from the juvenile justice system; and

WHEREAS, while there are thousands of juvenile criminal cases annually, there have been only about one hundred judicial waiver requests over the past ten years; and

WHEREAS, questions and concerns have arisen regarding the Family Court's judicial waiver process that require review; and

WHEREAS, it is important to periodically examine the Family Court's judicial waiver process to determine whether it is adequately protecting not only juveniles, but the community as well; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, the Judiciary is requested to convene a task force to review the Family Court's judicial waiver process involving juvenile felony defendants; and

BE IT FURTHER RESOLVED that in convening the task force, the Judiciary is requested to include at least one representative each of the: Judiciary, Department of the Attorney General, Office of the Public Defender, Department of Human Services, Office of Youth Services, Office or Department of the Prosecuting Attorney of each county, and Hawaii State Bar Association in private practice with criminal defense experience; and

BE IT FURTHER RESOLVED that in reviewing the Family Court's judicial waiver process involving juvenile felony defendants, the task force, among other things, is requested to:

(1) Examine the application of evidence that a juvenile is committable to an institution for the mentally defective or retarded or the mentally ill used to bar a judicial waiver;

(2) Identify concerns that arise during the Family Court's judicial waiver process that affect the rights and likelihood of reasonable rehabilitation of a juvenile, as well as affect the prospects for adequate protection of the public;

(3) Examine relevant procedural issues such as findings of adulthood, and the transfer of cases from the Family Court to District or Circuit Criminal Court;

(4) Identify any circumstances that may be suitable for an "automatic judicial waiver";

(5) Consider the need for speedy processing, disposition, and ruling on the matter of judicial waiver;

(6) Examine the judicial waiver process involving juvenile felony defendants in other states;

(7) Recommend possible statutory amendments to address issues and concerns; and

(8) Meet at least twice monthly; and

BE IT FURTHER RESOLVED that the Judiciary is requested to provide administrative, professional, technical, and clerical support to the task force; and

BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of the task force's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the 2009 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court, Senior Judge of the Family Court, Attorney General, Public Defender, Executive Director of the Office of Youth Services, the prosecuting attorney of each county, and the President of the Hawaii State Bar Association.

	OFFERED BY:	_____________________________

Report Title:

Family Court; Juvenile Felony Defendants

HOUSE OF REPRESENTATIVES	H.C.R. NO.	297
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII