TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO JUVENILE JUSTICE REFORM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 2014, the legislature passed Act 201, Session Laws of Hawaii 2014, 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 facilities' 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 facilities to an alternative therapeutic and rehabilitative program has substantially reduced the facilities' 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 inaccessible 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 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 of age or younger. Hawaii's 2017 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 total unaccompanied youth count of three hundred nineteen was similar to the three hundred nine unaccompanied youth counted in 2016.
In accordance with Act 119, Session Laws of Hawaii 2015, as amended by 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 department noted that the population of unaccompanied youth is difficult to count as these youth tend to be mobile and transient, some do not want to be found, and unaccompanied youth are generally not connected to the formal support service system.
The legislature further finds that, 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 appears to be declining among youth aged twelve to seventeen, use of alcohol by this age group has not changed significantly, according to the Substance Abuse and Mental Health Services Administration's report titled 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). The SAMHSA report states that "In 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 "In 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, the report states that "In 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 paved the way to improved working relationships between and among the judiciary, department of health, department of education, department of human services, and 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. With regard to mental health, the SAMHSA report indicates there has been no reduction in major depressive episodes among youth: "In Hawaii, an annual average of about 10,000 adolescents aged 12-17 (9.9% of all adolescents) in 2014–2015 had experienced [a 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." The SAMHSA report additionally states that "In Hawaii, an annual average of about 3,000 adolescents aged 12-17 with past year [major depressive episode] (32.6% of all adolescents with past year [major depressive episode]) from 2009 to 2015 received treatment for their depression in the past year."
To improve access by adolescents to mental health services, the legislature passed Act 181, Session Laws of Hawaii 2016, which reduced the age of consent for adolescent mental health services to fourteen. Conference committee report no. 11-16 explains that:
The 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 also be victims of human trafficking, the legislature passed Act 16, Session Laws of Hawaii 2017 (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 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 typically 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 the State will be better identified.
The purpose of this Act is 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 support rehabilitation; and
(3) Re-invest savings from the reduction of the number of youth in secure confinement at the Hawaii youth correctional facility into the provision of mental health and substance abuse treatment and rehabilitation services to prevent juvenile delinquency, 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- Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority. (a) The Hawaii youth correctional facilities shall operate and maintain the Kawailoa youth and family wellness center within the scope of the authority granted by the office of youth services pursuant to section 352D- , using funds appropriated or approved by the legislature for this purpose.
(b) Persons committed to the Hawaii youth correctional facilities shall be segregated from youth and young adults admitted to the Kawailoa youth and family wellness center. For purposes of this section, "young adult" has the same meaning as in section 352D-3."
SECTION 3. 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 a central youth service center known as the Kawailoa youth and family wellness center at the site of the Hawaii youth correctional facilities. The office of youth services shall grant to the Hawaii youth correctional facilities the authority to operate and maintain the Kawailoa youth and family wellness center.
(b) A primary objective of the Kawailoa youth and family wellness center shall be to prevent delinquency, as specified in section 352D-7.
(c) The other objectives of the Kawailoa youth and family wellness center shall be to:
(1) Offer residential programs in delinquency prevention, including youth services, as defined in section 352D‑3;
(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 youth at risk and young adults at risk.
(d) The Kawailoa youth and family wellness center services and programs may include but shall not be limited to 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 other services and programs that may be required to meet the needs of youth or young adults.
(e) All youth at risk and all young adults at risk shall be eligible for services at the Kawailoa youth and family wellness center."
SECTION 4. Section 352-2.1, Hawaii Revised Statutes, is amended to read as follows:
(a) This chapter creates
within the department of human services, and [
to be placed] places
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 places 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, the Kawailoa youth and family wellness center, to provide prevention, rehabilitation, and treatment services and programs for youth at risk and young adults at risk, to prevent delinquency and reduce the incidence of recidivism among youth and young adults in the State.
(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
admitted to the Kawailoa youth and family wellness center. Counseling services shall be available to the
committed or admitted person's family during the term of commitment[ .]
to the Hawaii youth correctional facilities 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.
(d) For purposes of this section, "youth at risk", "young adult at risk", and "young adult" have the same meaning as in section 352D-3."
SECTION 5. 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, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, or who is no longer eligible for child protective services provided by the State due to the adult's age."
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[
including the Kawailoa youth and family wellness center created in section
352D- . 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 [ would] 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
[ would] 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[
youth at risk, and for 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
nonjustice] non-justice system, both public and private, to
the youth and young adults 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.
Every youth and young adult referred to a youth services center
, as soon as possible,] be appropriately placed with a service
provider and provided services[ .] as soon as possible. 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. The center may contract
with [ such] service providers for [ such] provision of services.
youth service center shall maintain a registry of every youth and young
adult referred to it and shall monitor and supervise the follow-up services
that are provided to the youth[
.] or young adult. Each center shall be primarily responsible to [ insure]
ensure that [ the] each youth is fully diverted from the
juvenile justice system."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
DHS; OYS; HYCF; Juvenile Justice Reform; Kawailoa Youth and Family Wellness Center
Establishes the Kawailoa Youth and Family Wellness Center within the Department of Human Services under the supervision of the Office of Youth Services and the Hawaii Youth Correctional Facilities. Changes the approach of juvenile justice to a more therapeutic model. Takes effect 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.