THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
relating to the room confinement of children at detention and shelter facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 for the minimum time necessary for the child to regain self-control, and only after less restrictive options or techniques, including de-escalation, conflict and behavioral management techniques, and intervention by a qualified mental health professional, have been attempted, exhausted, and failed;
(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 child's safety or the safety of others;
(4) If a child is placed in room confinement, the following individuals shall be notified on the next business day and provided the reasons for the room confinement as well as the location and duration of the confinement:
(A) The senior judge of the family court;
(B) The presiding judge who ordered the child to be held at the facility;
(C) The deputy chief court administrator; and
(D) The social services manager of the juvenile client services branch for the circuit court of the first circuit.
(5) Room confinement shall never be used for purposes of punishment or disciplinary sanction, coercion, convenience, retaliation, or to address staffing shortages at the facility;
(6) A child may be held in room confinement for no more than three hours unless the on-call duty judge grants an extension of no more than three additional hours of confinement. Thereafter, the child shall be returned to the general population; provided that, if a child is held in room confinement for more than three hours, a hearing shall be held before the family court on the next business day, at which the child shall be provided legal representation;
(7) If the child is not returned to the general population following a hearing pursuant to paragraph (6), 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 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 operational lighting, ventilation for the comfort of the child, and 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 qualified 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 as 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)."
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; Juveniles; Room Confinement; Detention; Shelter Facility
Establishes conditions and time limits for placing a child in room confinement at a detention or shelter facility.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.