HB2364

SECTION 1. In 2014, the legislature passed Act 201, to reform Hawaii's juvenile justice system, commit to improve outcomes for Hawaii's youth in the juvenile justice system, and maximize the effective use of the Hawaii youth correctional facility's appropriations and treatment options.

With incarceration costing over $200,000 annually per bed, diversion of youth away from the traditional incarceration model of the Hawaii youth correctional facility to an alternative therapeutic and rehabilitative program has substantially reduced the facility's population and expenses.

The legislature finds that critical services to reduce delinquency, including mental health, youth homelessness, vocational services and substance abuse treatment, are still insufficiently resourced and insufficiently accessible to Hawaii's at-risk youth population.

Hawaii's commitment to the prevention of juvenile delinquency and support of Hawaii's youth must also include services for the homeless, drug addicted, mentally ill, and trafficked youth. The 2017 Hawaii statewide point in time count reported the increasing significance of unaccompanied youth and youth who are parents who are experiencing homelessness. For purposes of the point in time count, the United States Department of Housing and Urban Development defines youth as individuals twenty-four years or younger. In 2017, Hawaii's point in time count reported three hundred nineteen unaccompanied youth, with two hundred sixty-three or eighty-two per cent, living unsheltered. Twenty-four individuals under the age of eighteen were found living unsheltered without any accompanying adults. The 2017 total unaccompanied youth count of three hundred sixteen was similar to the three hundred nine unaccompanied youth counted in 2016.

In accordance with section 20.1 of Act 119, Session Laws of Hawaii 2015, as added by section 4(17) of Act 124, Session Laws of Hawaii 2016, the department of human services identified a gap in services for homeless youth aged twenty-four and under. The report stated that the population of unaccompanied youth is difficult to count as these youth tend to be mobile and transient, that some do not want to be found, and that unaccompanied youth are generally not connected to the formal support service system.

Further, although overall juvenile arrests are down, recent news reports indicate an increase in juvenile arrests, particularly in Waikiki involving youth who may also be homeless.

Regarding substance use by youth, most recent reports show that while use of marijuana and cigarettes appear to be declining amongst youth aged twelve to seventeen, the Substance Abuse and Mental Health Services Administration published Behavioral Health Barometer: Hawaii, Volume 4: Indicators as measured through the 2015 National Survey on Drug Use and Health, the National Survey of Substance Abuse Treatment Services, and the Uniform Reporting System (SAMHSA report), reporting that "[i]n Hawaii, an annual average of about 6,000 adolescents aged 12-17 (6.2% of all adolescents) in 2014–2015 used marijuana in the past month. The annual average percentage in 2014–2015 was lower than the annual average percentage in 2011–2012." With regard to cigarette use, the same report states that "[i]n Hawaii, an annual average of about 3,000 adolescents aged 12-17 (3.1% of all adolescents) in 2014–2015 used cigarettes in the past month. The annual average percentage in 2014–2015 was lower than the annual average percentage in 2011–2012." As to alcohol use in the last month, the report states "[i]n Hawaii, an annual average of about 10,000 adolescents aged 12-17 (10.6% of all adolescents) in 2014–2015 used alcohol in the past month. The annual average percentage in 2014–2015 was not significantly different from the annual average percentage in 2011–2012."

Act 201 (2014) paved the way to improved working relationships between and among the judiciary, the departments of health, of education and of human services, and the office of youth services. However, securing mental health treatment services for Hawaii's most troubled youth remains problematic. To avoid continued placement of Hawaii's youth in mainland facilities, a secured mental health treatment facility in Hawaii is preferred. In the general population, the SAMHSA report stated, "[i]n Hawaii, an annual average of about 10,000 adolescents aged twelve to seventeen (9.9% of all adolescents) in 2014–2015 had experienced a MDE [major depressive episode] in the past year. The annual average percentage in 2014–2015 was not significantly different from the annual average percentage in 2011–2012." Also, the SAMHSA report stated, "[i]n Hawaii, an annual average of about 3,000 adolescents aged 12-17 with past year MDE (32.6% of all adolescents with past year MDE) from 2009 to 2015 received treatment for their depression in the past year."

To improve access by adolescents to mental health services, in 2016 the legislature passed Act 181, which reduced the age of consent for adolescent mental health services to fourteen years old. The conference committee report no. 11-16 stated "[t]he purpose of this measure is to reduce barriers to accessing mental health services for minors by lowering the age of consent to receive treatment and services, other than prescription medication or out-of-home or residential treatment, from eighteen years of age to fourteen years.

Your Committee on Conference finds that requiring parental consent for minors to receive substance abuse treatment and family planning services may pose a barrier to health care. Minors may find desired mental health services inaccessible due to the discomfort and even opposition caused by obtaining parental consent. By allowing access to mental health services for consenting minors of a certain age, individuals seeking improved emotional and mental well-being may be served in a timely manner."

With regard to youth who may be also be victims of human trafficking, in 2017 the legislature passed Act 16, which brought the State into compliance with the federal Justice for Victims of Trafficking Act of 2015 and the federal Child Abuse Prevention and Treatment Act of 2010. Act 16, among other things, amended the definition of "child abuse or neglect" to include sex trafficking or severe forms of trafficking in persons.

Hawaii is not isolated from human and sex trafficking. Hawaii's location in the Pacific makes it a highly sought after tourist destination and lucrative place for national and international conferences, thereby creating a demand for prostitution, which may include sex trafficking of minors.

Youth in foster care are at a higher risk of being victims of sex trafficking because of the often continuing vulnerabilities that stem from being maltreated or neglected as children. It is difficult to obtain an accurate picture of this issue due to the covert nature of sex trafficking and the fact that victims may not and do not identify themselves as victims. However, it is anticipated that with the change in mandated reporting requirements, the numbers of youth who are victims of human trafficking in Hawaii will be better identified.

The purposes of this Act are to:

(1) Support ho‘opono mamo, the new Hawaii youth diversion system, through the establishment of the Kawailoa youth and family wellness center, operated and maintained by the Hawaii youth correctional facilities;

(2) Improve and enhance Hawaii's juvenile justice system by strengthening services available to prevent juvenile delinquency and recidivism and to support rehabilitation; and

(3) Re-invest savings from the reduction of the number of youth in secure confinement at Hawaii youth correctional facility into the provision of services to prevent juvenile delinquency, specifically mental health and substance abuse treatment and rehabilitation, and to provide a more successful and supportive community reentry transition.

SECTION 2. Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§352- Authority for Hawaii youth correctional facility to accept youth at risk and youth diverted from the juvenile justice system, and young adults at risk between the ages of eighteen to twenty-four. (a) The office of youth services designates the Hawaii youth correctional facilities as the authority to establish, build, repair, maintain, and operate the Kawailoa youth and family wellness center, as set forth in section 352D- , from funds appropriated or approved by the legislature for these purposes, facilities, and programs necessary to implement the provisions of this chapter and chapter 352D.

(b) Persons committed to the Hawaii youth correctional facility shall be kept segregated from the diverted and youth at risk and young adults at risk admitted to the Kawailoa youth and family wellness center."

SECTION 3. Section 352D-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Young adult at risk or "young adult" means any adult between the ages of eighteen and twenty-four who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, physical problems, or who is no longer eligible for child protective services provided by the State of Hawaii due to their age."

SECTION 4. Chapter 352D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§352D- Kawailoa youth and family wellness center; creation. (a) The office of youth services shall create and develop at the site of the Hawaii youth correctional facility a central youth service center that shall be called the Kawailoa youth and family wellness center. The Hawaii youth correctional facility shall operate and maintain the Kawailoa youth and family wellness center, within the scope of the authority granted to it by the office of youth services, pursuant to Chapter 352D.

(b) The primary objective of the Kawailoa youth and family wellness center is delinquency prevention as set forth in section 352D-7.

(c) The population eligible for services at the Kawailoa youth and family wellness center is all youths, in need of services and all young adults at risk.

(d) The objectives of the Kawailoa youth and family wellness center shall be to:

(1) Offer residential programs in delinquency prevention including the youth services as defined in this chapter;

(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system; and

(3) Develop an improved system of intake, assessment, and follow-up for youths and young adults between the ages of eighteen to twenty-four.

(e) The Kawailoa youth and family wellness center programs may include, but shall not be limited to, the establishment and operation of mental health services and programs, substance abuse treatment programs, crisis shelters for homeless youth, crisis shelters for victims of human and sex trafficking, vocational training, group homes, day treatment programs, aftercare, independent and family counseling services, educational services, and such other services as may be required to meet the needs of youth or young adults."

SECTION 5. Section 352-2.1, Hawaii Revised Statutes, is amended to read as follows:

"§352-2.1 Purpose. (a) This chapter creates within the department of human services, 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, to provide for the custody, rehabilitation, and institutional care and services to prepare for reentry into their communities and families, youth committed by the courts of the State.

(b) This chapter further creates within the department of human services, 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, and under the supervision of the Hawaii youth correctional facilities, a youth services center as provided in chapter 352D which shall be called the Kawailoa youth and family wellness center, to provide services and programs for youth at risk in the state and young adults at risk between the ages of eighteen to twenty-four, to prevent delinquency and reduce the incidence of recidivism among youth and young adults between the ages of eighteen to twenty-four through the provision of prevention, rehabilitation and treatment services.

[~~(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. To that end, 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 Hawaii youth correctional facilities[.] and to all youth and young adults between the ages of eighteen to twenty-four admitted to the Kawailoa youth and family wellness center. Counseling services shall be available to the committed or admitted person's or young adult's family during the term of commitment or admission to the Kawailoa youth and family wellness center. The director shall coordinate services provided to the facilities by other departments and agencies, to realize these policies and purposes."

SECTION 6. Section 352D-7, Hawaii Revised Statutes, is amended to read as follows:

"352D-7 Youth services centers; creation. (a) Beginning July 1, 1991, the office of youth services shall create, develop, and operate youth service centers throughout the State including one or more in each county. This may be done either directly or by contract with private parties. Delinquency prevention shall be a primary objective of these centers. The population eligible for services at the centers shall be all youths in need of services and all young adults at risk. All referrals and admissions to a youth services center shall be voluntary. Centers shall also develop individualized intake capabilities, program plans, delivery of services, and a comprehensive referral network. The objectives of the youth service centers shall be to:

(1) Develop and implement programs in delinquency prevention;

(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system;

(3) Develop an improved system of intake, assessment, and follow-up for youths[;], including youth at risk and young adults at risk; and

(4) Provide better coordination of juvenile justice and nonjuvenile justice services in order to reduce overlaps and gaps in services.

(b) Each center shall:

(1) Be responsible for coordinating all services, justice system or non-justice system, both public and private, to the youth and young adults at risk referred to it; and

(2) Be responsive to the needs of its immediate community and offer an array of services that are tailored to the needs of its constituents.

(c) Every youth and young adult at risk referred to a youth services center shall, as soon as possible, be appropriately placed with a service provider and provided services. The center shall develop procedures [~~which~~] that will [~~insure~~] ensure that appropriate service providers are available on a twenty-four hour basis for each youth[.] and young adult at risk. The center may contract with such service providers for such services.

(d) Each youth service center shall maintain a registry of every youth and young adult at risk referred to it and shall monitor and supervise the follow-up services that are provided to the youth[.] and young adult at risk. Each center shall be primarily responsible to ensure that [~~the~~] each youth is fully diverted from the juvenile justice system.

(e) The office of youth services shall create, develop, and operate at the site of the Hawaii youth correctional facility a youth service center that shall be called the Kawailoa youth and family wellness center as set forth in section 352D- ."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	2364
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII