HOUSE OF REPRESENTATIVES |
H.B. NO. |
60 |
THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to juvenile justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that too many children are involved with the State's criminal justice system. Between October 2020 and December 2020, four hundred fifty-six youth were arrested in the State. Eighty-five of the arrested youth were thirteen years of age or younger. The legislature recognizes that such early involvement with the criminal justice system can have long-term consequences, including educational, professional, and financial consequences, that are difficult for young people to escape.
The legislature also finds that Native Hawaiians, Pacific Islanders, and other people of color are overrepresented in the State's juvenile justice system. In 2022, Native Hawaiian and Pacific Islander youth comprised forty-eight per cent of the youth who were arrested and sixty-three per cent of those who were placed in a detention facility. Intergenerational trauma, cultural disconnection, homelessness, and other factors can drive and contribute to juvenile offending. The legislature believes that addressing these factors requires a team- and community-based approach that addresses the underlying causes of juvenile crime.
The legislature recognizes that the State has an existing system of collaborative management programs, including government- and privately-operated programs, to assist at-risk and court-involved youth. However, the arrest data for youth under the age of eighteen, especially Native Hawaiian and Pacific Islander youth, suggests that there are still unmet needs.
Accordingly, the purpose of this Act is to require the department of human services' office of youth services to develop and implement a program, taking into account existing support programs, available data, and stakeholder input, to provide individualized service and support teams to assist at‑risk or court-involved youth.
SECTION 2. Chapter 352D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§352D- Individualized service and support teams. (a)
The office of youth services shall develop a program to provide an
individualized service and support team to assist each at‑risk or
court-involved youth who chooses to participate and is referred to the program
by a:
(1) Law enforcement
agency;
(2) Prosecutor's
office;
(3) School;
(4) Family resource
center;
(5) Child advocacy
center; or
(6) Government agency.
(b) The program's goal shall be to provide
culturally responsive, community-based assessments, services, and referrals to
address the factors that contribute to juvenile crimes.
(c) In developing the program, the office of
youth services shall consider:
(1) Programs and
services currently offered to at-risk and court-involved youth in Hawaii by federal,
state, and county agencies; contracted providers; and private organizations,
including programs and services provided by youth services centers established
pursuant to sections 352D-7 and 352D-7.5;
(2) Input from:
(A) Community-based
organizations that work with at‑risk and court-involved youth, including organizations
that focus on Native Hawaiian and Pacific Islander youth;
(B) Homeless
service providers;
(C) Educators
and schools; and
(D) Any
other stakeholders identified by the office; and
(3) Data provided by
the juvenile justice information system.
(d) To the extent possible, the office shall avoid
duplicating the efforts of the programs considered pursuant to subsection
(c)(1) but shall identify and address any unmet needs and gaps in services.
(e) The office shall pursue any available grants,
including private and government grants, to help fund the development of the
program.
(f) The department of human services shall adopt
rules pursuant to chapter 91, including rules governing data sharing and data
privacy, as necessary for the development of the program.
(g) The executive director shall include any
findings and recommendations regarding the program, including any proposed
legislation, in the annual report submitted to the legislature pursuant to section
352D-4."
SECTION 3. Section 352D-4, Hawaii Revised Statutes, is amended to read as follows:
"§352D-4 Establishment; purpose. There is established within the department of human services for administrative purposes only the office of youth services. The office of youth services is established to provide services and programs for youth at risk under one umbrella agency in order to facilitate optimum service delivery, to prevent delinquency, and to reduce the incidence of recidivism among juveniles through the provision of prevention, rehabilitation, and treatment services. The office shall also be responsible for program planning and development, intake/assessment, oversight, as well as consultation, technical assistance, and staff training relating to the delivery of services.
The office shall provide a continuum of services as follows:
(1) An integrated intake/assessment and case management system;
(2) The necessary educational, vocational, social counseling and mental health services; provided that the department of education shall be the only provider of standards-based education services for all youth at risk and young adults identified with special education needs or actively receiving special education services, in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and all applicable federal and state educational requirements;
(3) Community-based shelter and residential facilities;
(4) Oversight of youth
services; [and]
(5) Individualized
service and support teams pursuant to section 352D- ; and
[(5)] (6) Other programs that encourage the
development of positive self-images and useful skills in youth.
The executive director of the office of youth services shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, reporting the services or programs funded pursuant to this section, the number of youth served by each service or program, and the results of the services or programs funded.
To this end, on July 1, 1991, this office shall assume the responsibilities for juvenile corrections functions, which were temporarily placed in the department of corrections pursuant to Act 338, Session Laws of Hawaii 1987. These functions shall include but not be limited to all responsibilities, under chapter 352, for the Hawaii youth correctional facilities."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the office of youth services to develop and implement a program offering individualized service and support teams to assist at-risk and court-involved youth.
The sums appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that section 4 of this Act shall take effect on July 1, 2025.
INTRODUCED BY: |
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Report Title:
DHS; Office of Youth Services; Juvenile Justice; Appropriation
Description:
Requires
and appropriates moneys for the Department of Human Services' Office of Youth
Services to develop and implement a program offering individualized service and
support teams to assist at-risk and court-involved youth.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.