THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
relating to the detention of a minor in an adult jail or lockup.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-32, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (d) to read:
"(d) (1) No [
child] minor 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.]
(2) Unless a court finds, after a hearing and in writing, that it is in the interest of justice as provided for in subsection (g)(2), a minor believed to come within section 571-11(1) or a minor awaiting trial or another legal process, who is treated as an adult for purposes of prosecution in criminal court and housed in a secure facility shall not:
(A) Have sight or sound contact with adult inmates; or
(B) Be held in any jail or lockup for adults, except as provided in paragraph (3).
(3) Detention in a jail or lockup for adults may be permitted for:
(A) A minor accused of a non-status offense who is held for a period not to exceed six hours; provided the minor is being held:
(i) For processing or release;
(ii) While awaiting transfer to a juvenile facility; or
(iii) For a court appearance that occurs within the period of detention; or
(B) A minor accused of a non-status offense who is awaiting an initial court appearance that will occur within forty-eight hours of the minor being taken into custody, excluding weekends and holidays, and where the jail or lockup is in a location:
(i) Outside a metropolitan statistical area, as defined by the Office of Management and Budget, and no acceptable alternative placement is available;
(ii) Where the distance to be traveled or the lack of highway, road, or transportation does not allow for court appearances within forty-eight hours, excluding weekends and holidays, such that a brief delay of not more than an additional forty-eight hours is excusable; or
(iii) Where safety concerns exist, such as severe and life-threatening weather conditions that do not allow for reasonably safe travel, in which case the time for an appearance may be delayed until twenty-four hours after the time that conditions allow for reasonably safe travel;
provided that the minor shall not have sight or sound contact with adult inmates; and provided further that the State shall have a policy in effect that requires individuals who work with both minor and adult inmates in collocated facilities to be trained and certified to work with juveniles.
(4) If a court determines that it is in the interest of justice to permit a minor to be held in any jail or lockup for adults, the court shall follow the procedures established in subsection (g)(3)."
2. By amending subsection (g) to read:
"(g) (1) Where a [
transferred for criminal proceedings pursuant to a 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.] minor shall not:
(A) Have sight or sound contact with adult inmates; or
(B) Be held in any jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice.
(2) In determining whether it is in the interest of justice to permit a minor to be held in any jail or lockup for adults, or to have sight or sound contact with adult inmates, a court shall consider:
(A) The age of the minor;
(B) The physical and mental maturity of the minor;
(C) The present mental state of the minor, including whether the minor presents an imminent risk of self-harm;
(D) The nature and circumstances of the alleged offense;
(E) The minor's history of prior delinquent acts;
(F) The relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the minor but also to protect the safety of the public as well as other detained minors; and
(G) Any other relevant factor.
(3) If a court determines that it is in the interest of justice to permit a minor to be held in any jail or lockup for adults:
(A) The court shall hold a hearing not less frequently than once every thirty days, or in the case of a rural jurisdiction, not less frequently than once every forty-five days, to review whether it remains in the interest of justice to permit the minor to be held in a jail or lockup for adults or to have sight or sound contact with adult inmates; and
(B) The minor shall not be held in any jail or lockup for adults, or permitted to have sight or sound contact with adult inmates, for more than one hundred eighty days, unless the court, in writing, determines there is good cause for an extension, or the minor expressly waives this limitation."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Judiciary Package; Detention of a Minor; Adult Jail; Prohibition; Exceptions; Requirements
Requires a family court to make findings, after a hearing and in writing, before a minor can be transferred to an adult jail or lockup or be permitted sight or sound contact with adult offenders.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.