HB1788 HD1

SECTION 1. Section 571-32, Hawaii Revised Statutes, is amended to read as follows:

"§571-32 Detention; shelter; release; notice. (a) If a child who is believed to come within section 571-11(1) or (2) is not released as provided in section 571-31 and is not deemed suitable for diversion, the child shall be taken without unnecessary delay to the court or to the place of detention or shelter designated by the court. If the court determines that the child requires care away from the child's own home but does not require secure physical restriction, the child shall be given temporary care in any available nonsecure child caring institution, foster family home, or other shelter facility.

(b) The officer or other person who brings a child to a detention or shelter facility shall give notice to the court at once, stating the legal basis therefor and the reason why the child was not released to the child's parents. If the facility to which the child is taken is not an agency of the court, the person in charge of the facility in which the child is placed shall promptly give notice to the court that the child is in that person's custody. Prior to acceptance of the child for detention or shelter care, a prompt inquiry shall be made by a duly authorized staff member of the detention or shelter facility or officer of the court. Where it is deemed in the best interests of the child, the judge, officer, staff member, or the director of detention services may then order the child to be released, if possible, to the care of the child's parent, guardian, legal custodian, or other responsible adult, or the judge may order the child held in the facility subject to further order or placed in some other appropriate facility.

(c) As soon as a child is detained, the child's parents, guardian, or legal custodian shall be informed, by personal contact or by notice in writing on forms prescribed by the court, that they may have a prompt hearing held by a circuit judge or district family judge regarding release or detention. A child may be released on the order of the judge with or without a hearing. The director of detention services may order the release of the child if an order of detention has not been made.

(d) A child may be placed in room confinement in a detention or shelter facility only under the following conditions:

(1) Room confinement may only be used as a temporary response to a child's behavior, and only if:

(A) The behavior poses an immediate and substantial risk of danger to the child's self or another individual, or a serious and immediate threat to the safety and orderly operation of the facility; or

(B) The child is an imminent escape risk;

(2) Because of the potential impact on a child's mental or physical health, room confinement may only be used when less restrictive options or techniques have been attempted, exhausted, and failed, and may only be used for the least amount of time needed for the child to regain self-control. Less restrictive options or techniques may include de‑escalation, conflict and behavioral management techniques, and intervention by a qualified mental health professional;

(3) If a child is placed in room confinement, the reasons for the room confinement shall be explained to the child. The child shall also be informed that release from room confinement will occur immediately when the child exhibits self-control and is no longer deemed a threat to the safety of the child's self or others;

(4) If a child is placed in room confinement, the senior judge of the family court, presiding judge who ordered the child to be held at the facility, and deputy chief court administrator of the circuit court of the first circuit shall be notified and provided the reasons for the room confinement of the child, as well as the location and time period of the confinement on the next business day;

(5) Room confinement shall never be used for purposes of punishment or disciplinary sanction; coercion; convenience; or retaliation; or because of staffing shortages at the facility;

(6) A child may be held for no more than three hours in room confinement unless the on‑call duty judge grants additional extensions of confinement of no more than three hours. Thereafter, the child shall be returned to the general population. If a child is held in room confinement for more than three hours, then a hearing before the family court shall be held on the next business day, at which the child shall be provided legal representation;

(7) Following a hearing under paragraph (6), if the child is not returned to the general population, one or more of the following shall occur:

(A) Mental health or medical personnel shall be consulted about the child's care;

(B) An individualized plan shall be developed that includes the goals and objectives to be met in order to reintegrate the child into the general population; or

(C) The child shall be transferred to a location where services may be provided to the child without the need for room confinement; provided that if a qualified mental health professional determines that the level of crisis service needed is not presently available at the location, the superintendent or deputy superintendent of the facility shall initiate a referral to a facility that can meet the needs of the child;

(8) All rooms used for room confinement shall have adequate and operating lighting and ventilation for the comfort of the child. Rooms shall be clean and resistant to suicide and self-harm;

(9) Children in room confinement shall have access to drinking water, toilet facilities, hygiene supplies, and reading materials approved by a licensed mental health professional;

(10) Children in room confinement shall have the same access as provided to children in the general population of the facility to meals, contact with parents or legal guardians, legal assistance, educational programs, and medical and mental health services; and

(11) Children in room confinement shall be continuously monitored by facility staff.

For the purposes of this subsection, "room confinement" means the placement of a child in a room, cell, or area with minimal or no contact with persons other than court staff and attorneys. "Room confinement" does not include confinement of a child in a single‑person room or cell for brief periods of locked room time necessary for required institutional operations and does not include confinement during sleep hours.

[~~(d)~~] (e) No child shall be held in a detention facility for juveniles or shelter longer than twenty-four hours, excluding weekends and holidays, unless a petition or motion for revocation of probation, or motion for revocation of protective supervision has been filed, or unless the judge orders otherwise after a court hearing. No ex parte motions shall be considered. If there is probable cause to believe that the child comes within section 571-11(1), the child may be securely detained in a certified police station cellblock or community correctional center. The detention shall be limited to six hours. In areas which are outside a standard metropolitan statistical area, the detention may be up to twenty-four hours, excluding weekends and holidays, if no detention facility for juveniles is reasonably available. Any detention in a police station cellblock or community correctional center shall provide for the sight and sound separation of the child from adult offenders.

[~~(e)~~] (f) No child may be held after the filing of a petition or motion, as specified in subsection [~~(d),~~] (e), unless an order for continued detention or shelter has been made by a judge after a court hearing. If there is probable cause to believe that the child comes within section 571-11(1), the child may be securely detained, following a court hearing, in a detention facility for juveniles or may be held in a shelter. If there is probable cause to believe that the child comes within section 281-101.5 or 571-11(2), the child may be held, following a court hearing, in a shelter but may not be securely detained in a detention facility for juveniles for longer than twenty-four hours, excluding weekends and holidays, unless the child is subject to the provisions of chapter 582, Interstate Compact on Juveniles, or chapter 582D, Interstate Compact for Juveniles, or is allegedly in or has already been adjudicated for a violation of a valid court order, as provided under the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

[~~(f)~~] (g) No child shall be released from detention except in accordance with this chapter.

[~~(g)~~] (h) Where a child transferred for criminal proceedings pursuant to waiver of family court jurisdiction is detained, the child shall be held in the detention facility used for persons charged with crime. When a child is ordered committed to an agency or institution, the child shall be transported promptly to the place of commitment.

[~~(h)~~] (i) Provisions regarding bail shall not be applicable to children detained in accordance with this chapter, except that bail may be allowed after a child has been transferred for criminal prosecution pursuant to waiver of family court jurisdiction.

[~~(i)~~] (j) The official in charge of a facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child who is or appears to be under eighteen years of age is received at the facility.

[~~(j)~~] (k) Any other provision of law to the contrary notwithstanding, any person otherwise subject to proceedings under chapter 832 and who is under the age of eighteen may be confined in a detention facility or correctional facility by order of a judge for the purposes set forth in section 832-12, 832-15, or 832-17.

[~~(k)~~] (l) The department of human services through the office of youth services shall certify police station cellblocks and community correctional centers that provide sight and sound separation between children and adults in secure custody. Only cellblocks and centers certified under this subsection shall be authorized to detain juveniles pursuant to [~~section 571-32(d).~~] subsection (e). The office of youth services may develop sight and sound separation standards, issue certifications, monitor and inspect facilities for compliance, cite facilities for violations, withdraw certifications, and require certified facilities to submit such data and information as requested. In addition, the office of youth services may monitor and inspect all cellblocks and centers for compliance with [~~section 571-32(d).~~] subsection (e).

(m) All detention and shelter facilities designated by the court for children under this section shall report annually to the judiciary on their compliance with the requirements of this section. The report shall include the following information:

(1) The number of incidents of room confinement of children each year, including the number of children affected and the age, gender, and race of each impacted child;

(2) The number of times room confinement exceeded three hours and the authorizing official's name; and

(3) Alternative strategies that were employed prior to the use of room confinement and reasons the alternative strategies failed and room confinement was necessary.

The judiciary shall post the report required under this subsection on its website."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on December 31, 2059.

HOUSE OF REPRESENTATIVES	H.B. NO.	1788
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII