STAND. COM. REP. NO.  565-20

 

Honolulu, Hawaii

                , 2020

 

RE:   H.B. No. 1788

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1788, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE ROOM CONFINEMENT OF CHILDREN AT DETENTION AND SHELTER FACILITIES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to improve the care and treatment of children in the juvenile justice system by:

 

     (1)  Limiting the circumstances under which children at detention and shelter facilities are subject to room confinement; and

 

     (2)  Specifying the conditions and time limit for which room confinement may be imposed.

 

Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, American Civil Liberties Union of Hawaii, AAUW of Hawaii, and one individual.

 

Your Committee finds that in 2018, Congress passed the First Step Act which, among other things, prohibits facilities that confine youth in federal custody from using room confinement for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile.  Your Committee recognizes that the type of facility and the conditions where a child is confined can affect the child's health, safety, and outcomes upon reentry.  This measure addresses the impact that room confinement has on the treatment and rehabilitation of children who are detained.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1788, H.D. 1, and recommends that it be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

CHRIS LEE, Chair