RELATING TO YOUTH FEES AND FINES.

HB129

HOUSE OF REPRESENTATIVES

H.B. NO.

129

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to youth fees and fines
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

����
SECTION
1.
�
The legislature finds that charging
fees, fines, and court costs to youth is a harmful and ineffective
accountability practice.
�
In Hawaii, the
consequences of these costs fall disproportionately on Native Hawaiian and
Pacific Islander minors who are more likely to be arrested, detained, and
unable to afford fees and fines.
�
In a
report on the assessment of fees, fines, court costs, and restitution in cases
against minors, the judiciary confirmed that only seventeen per cent of fines
ordered against minors in the past five years have been paid.

����
The
legislature recognizes that assessing fines in juvenile justice proceedings is
not an evidence-based practice for rehabilitating, deterring, or even punishing
delinquent youth.
�
The legislature further finds that, although
Hawaii law authorizes courts to charge youth and their families a range of
fines, judges across the State rarely impose these costs in practice.

����
The
legislature notes that many states are seeking to reform or repeal fees and
fines against juveniles and their families.
�

In 2021 and 2022, twenty-seven states introduced legislation to end the
practice of assessing fees and fines in juvenile justice proceedings.
�
California, Nevada, Oregon, and numerous
counties in other states have prohibited the imposition of fees and fines in
juvenile justice cases.
�
The legislature
believes that Hawaii should make similar efforts and that fees and fines should
not be assessed for mistakes made in a person's youth, regardless of the age at
which or jurisdiction in which the person is adjudicated or sentenced.

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
Prohibit the assessment of any fees, fines, or
court costs against a person who is adjudicated for an offense committed while
the person was a minor under the age of eighteen, or against the person's
parent or guardian;

����
(2)
�
Limit court-ordered
community service for a minor to no more than seventy-two hours
; and

����
(3)
�
Repeal certain penalties imposed on parents,
guardians, or other persons associated with unaccompanied children in streets
and unmarried minors in dance halls.

PART II

����
SECTION
2
.
�
Section 286-136, Hawaii Revised Statutes, is
amended as follows:

����
1.
�
By amending subsection (a) to read:

����
"(a)
�
[
Any
]
Except
as provided in subsections (b) and (c), any
person who violates section
286-102, 286-122, 286‑130, 286-131, 286-132, 286-133, or 286-134 shall be
penalized as follows:

����
(1)
�
For a first offense, or any offense not
preceded within a five-year period for the same offense, the person shall pay a
fine of no more than $1,000 or serve a term of imprisonment of no more than
thirty days, or both;

����
(2)
�
For an offense
that occurs within five years of a prior conviction for the same offense, the
person shall pay a minimum fine of $500 and a maximum fine of $1,000, or serve
a term of imprisonment of no more than one year, or both; or

����
(3)
�
For an offense
that occurs within five years of two or more prior convictions for the same
offense, the person shall be guilty of a class C felony; provided that the
court, as part of the person's sentencing, may order that the vehicle used by
the person in the commission of the offense be subject to forfeiture under
chapter 712A."

����
2.
�
By amending subsection (c) to read:

����
"(c)
�
Notwithstanding subsections (a) and (b), a
minor under the age of eighteen [
under the jurisdiction of the family court
]
who is subject to this section [
shall
]
may
either lose the right
to drive a motor vehicle until the age of eighteen or be [
subject to a fine
of $500.
]
ordered to perform community service as determined by the
court; provided that no financial penalty provided for in this section shall be
levied against a person who is adjudicated for an offense committed while the
person was a minor under the age of eighteen, or against the person's parent or
guardian for the person's offense.
"

����
SECTION
3
.
�
Section 286G-3, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�286G-3
�

Driver education assessments.
�

(a)
�
[
A
]
Except as
provided in subsection (e), a
driver education assessment of $7 shall be
levied on a finding that a violation of a statute or county ordinance relating
to vehicles or their drivers or owners occurred, except for[
:
]
offenses:

����
(1)
�
[
Offenses relating
]
Relating
to
stopping (when prohibited), standing, or parking;

����
(2)
�
[
Offenses relating
]
Relating
to
registration; and

����
(3)
�
[
Offenses by
]
By
pedestrians.

����
(b)
�
[
Driver
]
Except as provided in
subsection (e), driver
education assessments of:

����
(1)
�
$100 shall be levied on persons convicted
under section 291E-61 or 291E-61.5 to defray costs of services provided by the
driver education and training program;

����
(2)
�
$50 shall be levied on persons required to
attend a child passenger restraint system safety class under section 291-11.5;
and

����
(3)
�
$75 shall be levied on persons convicted under
section 291C-105 to defray costs of services provided by the driver education
and training program.

����
(c)
�
The driver education assessments levied by
subsections (a) and (b) shall be paid for each violation in addition to any
fine imposed by the court, and regardless of whether a fine is suspended;
provided that the driver education assessment of $100 levied on a person
convicted under section 291E-61 or 291E-61.5 may be waived by the court if the
court determines that the person is unable to pay the driver education
assessment.

����
(d)
�

The amount of each driver education assessment levied by subsections (a)
and (b) shall be transmitted by the clerk of the court for deposit in the
driver education and training fund.

����
(e)
�

No financial penalty provided for in this section shall be levied
against a person who is adjudicated for an offense committed while the person
was a minor under the age of eighteen, or against the person's parent or
guardian for the person's offense.
"

����
SECTION
4
.
�
Section 291C-12, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291C-12
�

Collisions involving [
death or
] serious bodily injury[
.
]
or
death.
�
(a)
�
The driver of any vehicle involved in a
collision resulting in serious bodily injury to or death of any person shall
immediately stop the vehicle at the scene of the collision or as close thereto
as possible but shall then forthwith return to and in every event shall remain
at the scene of the collision until the driver has fulfilled the requirements
of section 291C‑14.
�
Every stop
shall be made without obstructing traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a class B felony.

����
(c)
�
The license or permit to drive and any
nonresident operating privilege of the person so convicted shall be revoked.

����
(d)
�
[
For
]
Except as provided in
subsection (f), for
any violation under this section, a surcharge of $500
shall be imposed, in addition to any other penalties, [
and
]
that
shall
be deposited into the neurotrauma special fund.

����
(e)
�

[
For
]
Except as provided in subsection (f), for
any
violation under this section, a surcharge of up to $500 may be imposed, in
addition to other penalties, [
which
]
that
shall be deposited into
the trauma system special fund.

����
(f)
�
No financial penalty provided for in this
section shall be levied against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen, or against
the person's parent or guardian for the person's offense.
"

����
SECTION
5.
�
Section 291C-12.5, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�291C-12.5
�

Collisions involving substantial bodily injury.
�
(a)
�
The driver of any vehicle involved in a
collision resulting in substantial bodily injury to any person shall
immediately stop the vehicle at the scene of the collision or as close thereto
as possible but shall then forthwith return to and in every event shall remain
at the scene of the collision until the driver has fulfilled the requirements
of section 291C-14.
�
Every stop shall be
made without obstructing traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a class C felony.

����
(c)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of $250
shall be imposed, in addition to any other penalties, [
and
]
that
shall
be deposited into the neurotrauma special fund.

����
(d)
�

[
For
]
Except as provided in subsection (e), for
any
violation under this section, a surcharge of up to $250 may be imposed, in
addition to other penalties, [
which
]
that
shall be deposited into
the trauma system special fund.

����
(e)
�
No financial penalty provided for in this
section shall be levied against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen, or against
the person's parent or guardian for the person's offense.
"

����
SECTION
6
.
�
Section 291C-12.6, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�291C-12.6
�

Collisions involving bodily injury.
�
(a)
�
The driver of any vehicle involved in a
collision resulting in bodily injury to any person shall immediately stop the
vehicle at the scene of the collision or as close thereto as possible but shall
then forthwith return to and in every event shall remain at the scene of the
collision until the driver has fulfilled the requirements of section
291C-14.
�
Every stop shall be made
without obstructing traffic more than is necessary.

����
(b)
�
Any person who violates subsection (a) shall
be guilty of a misdemeanor.

����
(c)
�
[
For
]
Except as provided in
subsection (e), for
any violation under this section, a surcharge of $100
shall be imposed, in addition to any other penalties, [
and
]
that

shall be deposited into the neurotrauma special fund.

����
(d)
�

[
For
]
Except as provided in subsection (e), for
any
violation under this section, a surcharge of up to $100 may be imposed, in
addition to other penalties, [
which
]
that
shall be deposited into
the trauma system special fund.

����
(e)
�
No financial penalty provided for in this
section shall be levied against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen, or against
the person's parent or guardian for the person's offense.
"

����
SECTION
7
.
�
Section 291C-14, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"
(c)
�

For any violation under this section, a surcharge of up to $100 may be
imposed, in addition to other penalties, [
which
]
that
shall be
deposited into the trauma system special fund[
.
]
; provided that no

financial penalty provided for in this section shall be levied against a person
who is adjudicated for an offense committed while the person was a minor under
the age of eighteen, or against the person's parent or guardian for the
person's offense.
"

����
SECTION
8
.
�
Section 291C-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291C-15
�

Duty upon striking unattended vehicle or other property.
�
(a)
�

The driver of any vehicle [
which
]
that
collides with or is
involved in a collision with any vehicle or other property that is unattended
resulting in any damage to the other vehicle or property shall immediately stop
and shall then and there either locate and notify the operator or owner of the
vehicle or other property of the driver's name[
,
]
and
address[
,
]
and the registration number of the vehicle the driver is driving or shall attach
securely in a conspicuous place in or on the vehicle or other property a
written notice giving the driver's name[
,
]
and
address[
,
]
and the registration number of the vehicle the driver is driving and shall
without unnecessary delay notify the nearest police officer.
�
Every stop shall be made without obstructing
traffic more than is necessary.

����
(b)
�
For

any violation under this section, a surcharge of up to $100 may be imposed, in
addition to other penalties,
[
which
]
that

shall be deposited into the trauma
system special fund[
.
]
; provided that
no financial
penalty provided for in this section shall be levied against a person who is
adjudicated for an offense committed while the person was a minor under the age
of eighteen, or against the person's parent or guardian for the person's
offense.
"

����
SECTION
9
.
�
Section 291E-7, Hawaii Revised Statutes, is
amended by amending subsections (a) and (b) to read as follows:

����
"
(a)
�

[
In
]
Except as provided in subsection (b), in
addition to
any other civil penalties ordered by the court, a person who violates any
offense under this part may be ordered to pay a trauma system surcharge[
,
]
;

provided that[
:
]
the maximum of which may be:

����
(1)
�
[
The
maximum of which may be
] $10 if the violator is not already required to pay
a trauma system surcharge pursuant to the violation of the offense;

����
(2)
�
[
The
maximum of which may be
] $25 if the violation is an offense under section
291E-61(a)(1), [
291E‑61(a)
](3), or [
291E-61(a)
](4);
and

����
(3)
�
[
The maximum of which may be
] $50 if
the violation is an offense under section 291E-61(a)(2) or 291E-61.5 or if the
offense under section 291E-61(a)(3) or [
291E‑61(a)
](4) is a second
or subsequent offense that occurred within five years of the first offense.

����
(b)
�
The surcharge shall not be ordered [
when
]
:

����
(1)
�
When
the court determines that the
defendant is unable to pay the surcharge[
.
]
; or

����
(2)
�
Against a person who is adjudicated for an
offense committed while the person was a minor under the age of eighteen, or
against the person's parent or guardian for the person's offense.
"

����
SECTION
10
.
�
Section 291E-11, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291E-11
�

Implied consent of operator of vehicle to submit to testing to determine
alcohol concentration and drug content.
�

(a)
�
Any person who operates a
vehicle upon a public way, street, road, or highway or on or in the waters of
the State shall be deemed to have given consent, subject to this part, to a
test or tests approved by the director of health of the person's breath, blood,
or urine for the purpose of determining alcohol concentration or drug content
of the person's breath, blood, or urine, as applicable.

����
(b)
�
The test or tests shall be administered at
the request of a law enforcement officer having probable cause to believe the
person operating a vehicle upon a public way, street, road, or highway or on or
in the waters of the State is under the influence of an intoxicant or is under
the age of twenty-one and has consumed a measurable amount of alcohol, only
after:

����
(1)
�
A lawful arrest; and

����
(2)
�
The person has been informed by a law
enforcement officer that the person may refuse to submit to testing under this
chapter.

����
(c)
�
If there is probable cause to believe that a
person is in violation of section 291E-64, as a result of being under the age
of twenty-one and having consumed a measurable amount of alcohol, or section
291E-61 or 291E-61.5, as a result of having consumed alcohol, then the person
shall elect to take a breath or blood test, or both, for the purpose of
determining the alcohol concentration.

����
(d)
�
If there is probable cause to believe that a
person is in violation of section 291E-61 or 291E-61.5, as a result of having
consumed any drug, then the person shall elect to take a blood or urine test,
or both, for the purpose of determining the drug content.
�
Drug content shall be measured by the
presence of any drug or its metabolic products, or both.

����
(e)
�
A person who chooses to submit to a breath
test under subsection (c) also may be requested to submit to a blood or urine
test, if the law enforcement officer has probable cause to believe that the
person was operating a vehicle while under the influence of any drug under
section 291E-61 or 291E-61.5 and the officer has probable cause to believe that
a blood or urine test will reveal evidence of the person being under the
influence of any drug.
�
The law
enforcement officer shall state in the officer's report the facts upon which
that belief is based.
�
The person shall
elect to take a blood or urine test, or both, for the purpose of determining
the person's drug content.
�
Results of a
blood or urine test conducted to determine drug content also shall be
admissible for the purpose of determining the person's alcohol
concentration.
�
Submission to testing for
drugs under subsection (d) or this subsection shall not be a substitute for
alcohol tests requested under subsection (c).

����
(f)
�
The use of a preliminary alcohol screening
device by a law enforcement officer shall not replace a breath, blood, or urine
test required under this section.
�
The
analysis from the use of a preliminary alcohol screening device shall only be
used in determining probable cause for the arrest.

����
(g)
�
[
Any
]
Except as provided in
subsection (h), any
person tested pursuant to this section who is convicted
or has the person's license or privilege suspended or revoked pursuant to this
chapter may be ordered to reimburse the county for the cost of any blood or
urine tests, or both, conducted pursuant to this section.
�
If reimbursement is so ordered, the court or
the director, as applicable, shall order the person to make restitution in a
lump sum, or in a series of prorated installments, to the police department or
other agency incurring the expense of the blood or urine test, or both.

����
(h)
�
A minor under the age of eighteen or the
minor's parent or guardian shall not be ordered to reimburse the county for the
cost of any blood or urine test conducted on the minor pursuant to this section
for the minor's offense.
"

����
SECTION
11
.
�
Section 291E-39, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291E-39
�

Fees and costs.
�
[
The
]
(a)
�
Except as provided in subsection (b), the

director may assess and collect a $30 fee from the respondent to cover the
costs of processing the respondent's request for an administrative
hearing.
�
These costs include but shall
not be limited to:
�
the cost of
photocopying documents; conditional license permits, temporary permits, and
relicensing forms; interpreter services; and other similar costs; provided that
the costs of issuing subpoenas for witnesses, including mileage fees, shall be
borne by the party requesting the subpoena.
�

The director may waive the fee in the case of an indigent respondent,
upon an appropriate inquiry into the financial circumstances of the respondent
seeking the waiver and an affidavit or a certificate signed by the respondent
demonstrating the respondent's financial inability to pay the fee.

����
(b)
�
The director shall not assess or collect any
fee from a respondent who requests an administrative hearing for a violation
that occurred while the respondent was a minor under the age of eighteen, or
against the respondent's parent or guardian for the respondent's offense.
"

����
SECTION
12
.
�
Section 291E-61, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291E-61
�

Operating a vehicle under the influence of an intoxicant.
�
(a)
�
A person commits the offense of operating a
vehicle under the influence of an intoxicant if the person operates or assumes
actual physical control of a vehicle:

����
(1)
�
While under the influence of alcohol in an
amount sufficient to impair the person's normal mental faculties or ability to
care for the person and guard against casualty;

����
(2)
�
While under the influence of any drug that
impairs the person's ability to operate the vehicle in a careful and prudent
manner;

����
(3)
�
With .08 or more grams of alcohol per two
hundred ten liters of breath; or

����
(4)
�
With .08 or more grams of alcohol per one
hundred milliliters or cubic centimeters of blood.

����
(b)
�

[
A
]
Except as provided in subsection (l), a
person
committing the offense of operating a vehicle under the influence of an
intoxicant shall be sentenced without possibility of probation or suspension of
sentence as follows:

����
(1)
�
Except as provided
in paragraph (4), for the first offense, or any offense not preceded within a
ten-year period by a conviction for an offense under this section or section
291E-4(a):

���������
(A)
�
A fourteen-hour
minimum substance abuse rehabilitation program, including education and
counseling, or other comparable programs deemed appropriate by the court;

���������
(B)
�
Revocation of
license to operate a vehicle for no less than one year and no more than
eighteen months;

���������
(C)
�
Installation
during the revocation period of an ignition interlock device on all vehicles
operated by the person;

���������
(D)
�
Any
one or more of the following:

�������������
(i)
�
Seventy-two hours
of community service work;

������������
(ii)
�
No less than
forty-eight hours and no more than five days of imprisonment; or

�����������
(iii)
�
A fine of no less
than $250 and no more than $1,000;

���������
(E)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund; and

���������
(F)
�
A
surcharge, if the court so orders, of up to $25 to be deposited into the trauma
system special fund;

����
(2)
�
For an offense
that occurs within ten years of a prior conviction for an offense under this
section:

���������
(A)
�
A substance abuse
program of at least thirty-six hours, including education and counseling, or
other comparable programs deemed appropriate by the court;

���������
(B)
�
Revocation
of license to operate a vehicle for no less than two years and no more than
three years;

���������
(C)
�
Installation
during the revocation period of an ignition interlock device on all vehicles
operated by the person;

���������
(D)
�
Either
one of the following:

�������������
(i)
�
No less than two
hundred forty hours of community service work; or

������������
(ii)
�
No less than five
days and no more than thirty days of imprisonment, of which at least forty-eight
hours shall be served consecutively;

���������
(E)
�
A
fine of no less than $1,000 and no more than $3,000, to be deposited into the
drug and alcohol toxicology testing laboratory special fund;

���������
(F)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund; and

���������
(G)
�
A
surcharge of up to $50, if the court so orders, to be deposited into the trauma
system special fund;

����
(3)
�
In addition to a
sentence imposed under paragraphs (1) and (2), any person eighteen years of age
or older who is convicted under this section and who operated a vehicle with a
passenger, in or on the vehicle, who was younger than fifteen years of age, shall
be sentenced to an additional mandatory fine of $500 and an additional
mandatory term of imprisonment of forty‑eight hours; provided that the
total term of imprisonment for a person convicted under this paragraph shall
not exceed the maximum term of imprisonment provided in paragraph (1) or (2),
as applicable.
�
Notwithstanding
paragraphs (1) and (2), the revocation period for a person sentenced under this
paragraph shall be no less than two years;

����
(4)
�
In addition to a
sentence imposed under paragraph (1), for a first offense under this section,
or an offense not preceded within a ten-year period by a conviction for an
offense, any person who is convicted under this section and was a highly
intoxicated driver at the time of the subject incident shall be sentenced to an
additional mandatory term of imprisonment for forty‑eight consecutive
hours and an additional mandatory revocation period of six months; provided
that the total term of imprisonment for a person convicted under this paragraph
shall not exceed the maximum term of imprisonment provided in paragraph (1).
�
Notwithstanding paragraph (1), the revocation
period for a person sentenced under this paragraph shall be no less than
eighteen months;

����
(5)
�
In addition to a
sentence under paragraph (2), for an offense that occurs within ten years of a
prior conviction for an offense under this section, any person who is convicted
under this section and was a highly intoxicated driver at the time of the subject
incident shall be sentenced to an additional mandatory term of imprisonment of
ten consecutive days and an additional mandatory revocation period of one year;
provided that the total term of imprisonment for a person convicted under this
paragraph shall not exceed the maximum term of imprisonment provided in
paragraph (2), as applicable.
�

Notwithstanding paragraph (2), the revocation period for a person
sentenced under this paragraph shall be no less than three years;

����
(6)
�
A person sentenced
pursuant to paragraph (1)(B) may file a motion for early termination of the
applicable revocation period if the person:

���������
(A)
�
Was not sentenced
to any additional mandatory revocation period pursuant to paragraph (3) or (4);

���������
(B)
�
Actually installed
and maintained an ignition interlock device on all vehicles operated by the
person for a continuous period of six months, after which the person maintained
the ignition interlock device on all vehicles operated by the person for a continuous
period of three months without violation;

���������
(C)
�
Includes with the person's motion for early termination a
certified court abstract establishing that the person was not sentenced to any
additional mandatory revocation period
pursuant to paragraph (3) or (4);

���������
(D)
�
Includes with the
person's motion for early termination
a certified
statement from the director of transportation establishing that:

�������������
(i)
�
The person installed and maintained an
ignition interlock device on all vehicles operated by the person for a
continuous period of six months; and

������������
(ii)
�
After the six-month period, the person
maintained the ignition interlock device on all vehicles operated by the person
for a continuous period of three months without violation
; and

���������
(E)
�
Has complied with
all other sentencing requirements.

���������
Nothing in this paragraph shall
require a court to grant early termination of the revocation period if the
court finds that continued use of the ignition interlock device will further
the person's rehabilitation or compliance with this section;

����
(7)
�
If
the person demonstrates to the court that the person:

���������
(A)
�
Does not own or
have the use of a vehicle in which the person can install an ignition interlock
device during the revocation period; or

���������
(B)
�
Is otherwise
unable to drive during the revocation period,

���������
the person shall be prohibited
from driving during the period of applicable revocation provided in paragraphs
(1) to (5); provided that the person shall be sentenced to the maximum license
revocation period, the court shall not issue an ignition interlock permit
pursuant to subsection (i), and the person shall be subject to the penalties
provided by section 291E-62 if the person drives during the applicable
revocation period; and

����
(8)
�
For purposes of
this subsection, "violation" means:

���������
(A)
�
Providing a sample
of .04 or more grams of alcohol per two hundred ten liters of breath when
starting the vehicle, unless a subsequent test performed within ten minutes
registers a breath alcohol concentration lower than .02 and the digital image
confirmed the same person provided both samples;

���������
(B)
�
Providing a sample
of .04 or more grams of alcohol per two hundred ten liters of breath on a
rolling retest, unless a subsequent test performed within ten minutes registers
a breath alcohol concentration lower than .02 and the digital image confirms
the same person provided both samples;

���������
(C)
�
Failing to provide
a rolling retest, unless an acceptable test is performed within ten minutes;

���������
(D)
�
Violating section
291E-66; or

���������
(E)
�
Failing to provide
a clear photo of the person when the person blows into the ignition interlock
device.

����
(c)
�
Except as provided in sections 286-118.5 and
291E‑61.6, the court shall not issue an ignition interlock permit to[
:
]

a defendant:

����
(1)
�
[
A defendant
whose
]
Whose
license is expired, suspended, or revoked as a result
of action other than the instant offense;

����
(2)
�
[
A defendant
who
]
Who
does not hold a valid license at the time of the instant
offense;

����
(3)
�
[
A defendant
who
]
Who
holds either a category 4 license under section 286-102(b)
or a commercial driver's license under section 286-239(a), unless the ignition
interlock permit is restricted to a category 1, 2, or 3 license under section
286-102(b); or

����
(4)
�
[
A defendant
who
]
Who
holds a license that is a learner's permit or instruction
permit.

����
(d)
�
Except as provided in subsection (c), the
court may issue a separate permit authorizing a defendant to operate a vehicle
owned by the defendant's employer during the period of revocation without
installation of an ignition interlock device if the defendant is gainfully
employed in a position that requires driving and the defendant will be
discharged if prohibited from driving a vehicle not equipped with an ignition
interlock device.

����
(e)
�
A request made pursuant to subsection (d)
shall be accompanied by[
:
]
a sworn statement from:

����
(1)
�
[
A sworn statement from the
]
The

defendant containing facts establishing that the defendant currently is
employed in a position that requires driving and that the defendant will be
discharged if prohibited from driving a vehicle not equipped with an ignition
interlock device; and

����
(2)
�
[
A sworn statement from the
]
The

defendant's employer establishing that the employer will, in fact, discharge
the defendant if the defendant cannot drive a vehicle that is not equipped with
an ignition interlock device and identifying the specific vehicle the defendant
will drive for purposes of employment and the hours of the day, not to exceed
twelve hours per day, or the period of the specified assigned hours of work,
the defendant will drive the vehicle for purposes of employment.

����
(f)
�
A permit issued pursuant to subsection (d)
shall include restrictions allowing the defendant to drive[
:
]
only:

����
(1)
�
[
Only during
]
During
specified
hours of employment, not to exceed twelve hours per day, or the period of the
specified assigned hours of work, and only for activities solely within the
scope of the employment;

����
(2)
�
[
Only the
]
The
vehicle
specified; and

����
(3)
�
[
Only if
]
If
the permit is kept
in the defendant's possession while operating the employer's vehicle.

����
(g)
�

Notwithstanding any other law to the contrary, any:

����
(1)
�
Conviction under
this section, section 291E-4(a), or section 291E-61.5;

����
(2)
�
Conviction in any
other state or federal jurisdiction for an offense that is comparable to
operating or being in physical control of a vehicle while having either an
unlawful alcohol concentration or an unlawful drug content in the blood or
urine or while under the influence of an intoxicant or habitually operating a
vehicle under the influence of an intoxicant; or

����
(3)
�
Adjudication of a
minor for a law violation that, if committed by an adult, would constitute a
violation of this section or an offense under section 291E-4(a), or section
291E-61.5,

shall be considered a prior conviction for the
purposes of imposing sentence under this section.
�
Any judgment on a verdict or a finding of
guilty, a plea of guilty or nolo contendere, or an adjudication, in the case of
a minor, that at the time of the offense has not been expunged by pardon,
reversed, or set aside shall be deemed a prior conviction under this section.

����
(h)
�

Whenever a court sentences a person pursuant to subsection (b), it also
shall require that the offender be referred to the driver's education program
for an assessment, by a certified substance abuse counselor deemed appropriate
by the court, of the offender's substance abuse or dependence and the need for
appropriate treatment.
�
The counselor
shall submit a report with recommendations to the court.
�
The court shall require the offender to
obtain appropriate treatment if the counselor's assessment establishes the
offender's substance abuse or dependence.
�

[
All
]
Except as provided in subsection (l), all
costs for
assessment and treatment shall be borne by the offender.

����
(i)
�
Upon proof that the defendant has:

����
(1)
�
Installed an
ignition interlock device in any vehicle the defendant operates pursuant to
subsection (b); and

����
(2)
�
Obtained motor
vehicle insurance or self-insurance that complies with the requirements under
either section 431:10C-104 or section 431:10C-105,

the
court shall issue an
ignition interlock permit that will allow the defendant to drive a vehicle
equipped with an ignition interlock device during the revocation period.

����
(j)
�
Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until the expiration of the period of revocation determined by the
court.
�
After the period of revocation is
completed, the person may apply for and the examiner of drivers may grant to
the person a new driver's license.

����
(k)
�
[
Any
]
Except as provided in
subsection (l), any
person sentenced under this section may be ordered to
reimburse the county for the cost of any blood or urine tests conducted
pursuant to section 291E-11.
�
The court
shall order the person to make restitution in a lump sum, or in a series of
prorated installments, to the police department or other agency incurring the
expense of the blood or urine test.
�

Except as provided in section 291E-5, installation and maintenance of
the ignition interlock device required by subsection (b) shall be at the
defendant's own expense.

����
(l)
�
For any person sentenced pursuant to this
section for an offense committed while the person was a minor under the age of
eighteen:

����
(1)
�
The court shall not order any financial
penalties, surcharges, or reimbursements otherwise permitted under this section
against the person or the person's parent or guardian for the person's offense;
and

����
(2)
�
Any
sentence of community service shall be limited to no more than seventy-two
hours and shall not interfere with the person's school or work commitments.

����
[
(l)
]

(m)
�
As used in this
section, the term "examiner of drivers" has the same meaning as
provided in section 286-2."

����
SECTION
13
.
�
Section 291E-61.5, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�291E-61.5
�

Habitually operating a vehicle under the influence of an intoxicant.
�
(a)
�
A
person commits the offense of habitually operating a vehicle under the
influence of an intoxicant if:

����
(1)
�
The
person is a habitual operator of a vehicle while under the influence of an
intoxicant; and

����
(2)
�
The
person operates or assumes actual physical control of a vehicle:

���������
(A)
�
While under the influence of alcohol in an
amount sufficient to impair the person's normal mental faculties or ability to
care for the person and guard against casualty;

���������
(B)
�
While under the influence of any drug that
impairs the person's ability to operate the vehicle in a careful and prudent
manner;

���������
(C)
�
With .08 or more grams of alcohol per two
hundred ten liters of breath; or

���������
(D)
�
With .08 or more grams of alcohol per one
hundred milliliters or cubic centimeters of blood.

����
(b)
�
Habitually operating a vehicle while under
the influence of an intoxicant is a class C felony.

����
(c)
�
[
For
]
Except
as provided in subsection (h), for
a conviction under this section, the
sentence shall be either:

����
(1)
�
An indeterminate term of imprisonment of five
years; or

����
(2)
�
A term of probation of five years, with
conditions to include:

���������
(A)
�
Mandatory
revocation of license to operate a vehicle for a period no less than three
years but no more than five years, with mandatory installation of an ignition
interlock device in all vehicles operated by the respondent during the
revocation period;

���������
(B)
�
No
less than ten days imprisonment, of which at least forty-eight hours shall be
served consecutively;

���������
(C)
�
A
fine of no less than $2,000 but no more than $5,000, to be deposited into the
drug and alcohol toxicology testing laboratory special fund;

���������
(D)
�
Referral
to a certified substance abuse counselor as provided in subsection (e);

���������
(E)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund; and

���������
(F)
�
A
surcharge of up to $50 to be deposited into the trauma system special fund if
the court so orders.

In addition to
the foregoing, any vehicle owned and operated by the person committing the
offense shall be subject to forfeiture pursuant to chapter 712A.

����
(d)
�

[
For
]
Except as provided in subsection (h), for
any person
who is convicted under this section and was a highly intoxicated driver at the
time of the subject incident, the offense shall be a class B felony and the
person shall be sentenced to the following:

����
(1)
�
An indeterminate term of imprisonment of ten
years; or

����
(2)
�
A
term of probation of five years, with conditions to include the following:

���������
(A)
�
Permanent
revocation of license to operate a vehicle;

���������
(B)
�
No
less than eighteen months imprisonment;

���������
(C)
�
A
fine of no less than $5,000 but no more than $25,000; and

���������
(D)
�
Referral
to a certified substance abuse counselor as provided in subsection (e).

In addition to
the foregoing, any vehicle owned and operated by the person who committed the
offense shall be subject to forfeiture pursuant to chapter 712A.

����
(e)
�
Whenever a court sentences a person under
this section, it shall also require that the offender be referred to the
driver's education program for an assessment, by a certified substance abuse
counselor, of the offender's substance abuse or dependence and the need for
appropriate treatment.
�
The counselor
shall submit a report with recommendations to the court.
�
The court shall require the offender to
obtain appropriate treatment if the counselor's assessment establishes the
offender's substance abuse or dependence.
�

[
All
]
Except as provided in subsection (h), all
costs for
assessment and treatment shall be borne by the offender.

����
(f)
�
Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until expiration of the period of revocation determined by the
court.
�
After the period of revocation is
complete, the person may apply for and the examiner of drivers may grant to the
person a new driver's license.

����
(g)
�
[
Any
]
Except as provided in
subsection (h), any
person sentenced under this section may be ordered to
reimburse the county for the cost of any blood or urine tests conducted
pursuant to section 291E-11.
�
The court
shall order the person to make restitution in a lump sum, or in a series of
prorated installments, to the police department or other agency incurring the
expense of the blood or urine test.

����
(h)
�
No financial penalty, surcharge, or cost of
assessment and treatment provided for in this section shall be ordered against
a person who is adjudicated or sentenced under this section while the person
was a minor under the age of eighteen, or against the person's parent or
guardian for the person's offense.

����
[
(h)
]

(i)
�
As used in this section:

����
"Convicted
one or more times for offenses of habitually operating a vehicle under the
influence" means that, at the time of the behavior for which the person is
charged under this section, the person had one or more times within ten years
of the instant offense:

����
(1)
�
A
judgment on a verdict or a finding of guilty, or a plea of guilty or nolo
contendere, for a violation of this section or section 291-4.4 as that section
was in effect on December 31, 2001;

����
(2)
�
A
judgment on a verdict or a finding of guilty, or a plea of guilty or nolo
contendere, for an offense that is comparable to this section or section
291-4.4 as that section was in effect on December 31, 2001; or

����
(3)
�
An
adjudication of a minor for a law or probation violation that, if committed by
an adult, would constitute a violation of this section or section 291‑4.4
as that section was in effect on December 31, 2001,

that, at the time of the instant offense, had not
been expunged by pardon, reversed, or set aside.
�
All convictions that have been expunged by
pardon, reversed, or set aside before the instant offense shall not be deemed
prior convictions for the purposes of proving the person's status as a habitual
operator of a vehicle while under the influence of an intoxicant.

����
"Convicted
two or more times for offenses of operating a vehicle under the influence"
means that, at the time of the behavior for which the person is charged under
this section, the person had two or more times within ten years of the instant
offense:

����
(1)
�
A
judgment on a verdict or a finding of guilty, or a plea of guilty or nolo
contendere, for a violation of section 291E-61 or 707-702.5;

����
(2)
�
A
judgment on a verdict or a finding of guilty, or a plea of guilty or nolo
contendere, for an offense that is comparable to section 291E-61 or 707-702.5;
or

����
(3)
�
An
adjudication of a minor for a law or probation violation that, if committed by
an adult, would constitute a violation of section 291E-61 or 707‑702.5,

that, at the time of the instant offense, had not
been expunged by pardon, reversed, or set aside.
�
All convictions that have been expunged by
pardon, reversed, or set aside before the instant offense shall not be deemed
prior convictions for the purposes of proving that the person is a habitual
operator of a vehicle while under the influence of an intoxicant.

����
"Examiner
of drivers" has the same meaning as provided in section 286-2.

����
"Habitual
operator of a vehicle while under the influence of an intoxicant" means
that the person was convicted:

����
(1)
�
Two
or more times for offenses of operating a vehicle under the influence; or

����
(2)
�
One
or more times for offenses of habitually operating a vehicle under the
influence.
"

����
SECTION
14
.
�
Section 291E-64, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�291E-64
�

Operating a vehicle after consuming a measurable amount of alcohol;
persons under the age of twenty-one.
�

(a)
�
It shall be unlawful for any
person under the age of twenty-one years to operate any vehicle with a
measurable amount of alcohol.
�
A law
enforcement officer may arrest a person under this section when the officer has
probable cause to believe the arrested person is under the age of twenty-one
and had been operating a vehicle upon a public way, street, road, or highway or
on or in the waters of the State with a measurable amount of alcohol.

����
(b)
�
[
A
]
Except as provided in
subsection (j), a
person who violates this section shall be sentenced as
follows:

����
(1)
�
For a first
violation or any violation not preceded within a five-year period by a prior
alcohol enforcement contact:

���������
(A)
�
The court shall
impose:

�������������
(i)
�
A requirement that
the person and, if the person is under the age of eighteen, the person's parent
or guardian attend an alcohol abuse education and counseling program for [
not
]

no
more than ten hours; and

������������
(ii)
�
A one hundred
eighty-day prompt suspension of license and privilege to operate a vehicle with
absolute prohibition from operating a vehicle during the suspension period, or
in the case of a person eighteen years of age or older, the court may impose,
in lieu of the one hundred eighty-day prompt suspension of license, a minimum
thirty-day prompt suspension of license with absolute prohibition from
operating a vehicle and, for the remainder of the one hundred eighty‑day
period, a restriction on the license that allows the person to drive for
limited work-related purposes and to participate in alcohol abuse education and
treatment programs; and

���������
(B)
�
In addition, the
court may impose any one or more of the following:

�������������
(i)
�
[
Not
]
No

more than thirty-six hours of community service work; or

������������
(ii)
�
A fine of [
not
]

no
less than $150 but [
not
]
no
more than $500;

����
(2)
�
For a violation
that occurs within five years of a prior alcohol enforcement contact:

���������
(A)
�
The court shall
impose prompt suspension of license and privilege to operate a vehicle for a
period of one year with absolute prohibition from operating a vehicle during
the suspension period; and

���������
(B)
�
In addition, the
court may impose any of the following:

�������������
(i)
�
[
Not
]
No

more than fifty hours of community service work; or

������������
(ii)
�
A fine of [
not
]

no
less than $300 but [
not
]
no
more than $1,000; and

����
(3)
�
For a violation
that occurs within five years of two prior alcohol enforcement contacts:

���������
(A)
�
The court shall
impose revocation of license and privilege to operate a vehicle for a period of
two years; and

���������
(B)
�
In addition, the
court may impose any of the following:

�������������
(i)
�
[
Not
]
No

more than one hundred hours of community service work; or

������������
(ii)
�
A fine of [
not
]

no
less than $300 but [
not
]
no
more than $1,000.

����
(c)
�
Notwithstanding any other law to the
contrary, any conviction or plea under this section shall be considered a prior
alcohol enforcement contact.

����
(d)
�
Whenever a court sentences a person pursuant
to subsection (b)(2) or (3), it also shall require that the person be referred
to the driver's education program for an assessment, by a certified substance
abuse counselor, of the person's alcohol abuse or dependence and the need for
appropriate treatment.
�
The counselor
shall submit a report with recommendations to the court.
�
The court shall require the person to obtain
appropriate treatment if the counselor's assessment establishes the person's
alcohol abuse or dependence.
�
[
All
]

Except as provided in subsection (j), all
costs for assessment and
treatment shall be borne by the person [
or by the person's parent or
guardian, if the person is under the age of eighteen
].

����
(e)
�
Notwithstanding section 831‑3.2 or any
other law to the contrary, a person convicted of a first-time violation under
subsection (b)(1) or section 291-4.3, as it existed before Act 189, Session
Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply
to the court for an expungement order upon attaining the age of twenty-one, or
thereafter, if the person has fulfilled the terms of the sentence imposed by
the court and has had no subsequent alcohol or drug related enforcement
contacts; provided that this subsection shall not apply to
persons in possession of a commercial learner's permit or
commercial driver's license or convicted in a commercial motor vehicle or while
transporting hazardous materials
.

����
(f)
�
Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person an application
for a new driver's license for a period to be determined by the court.

����
(g)
�
[
Any
]
Except as provided in
subsection (j), any
person sentenced under this section may be ordered to
reimburse the county for the cost of any blood tests conducted pursuant to
section 291E-11.
�
The court shall order
the person to make restitution in a lump sum, or in a series of prorated
installments, to the police department or other agency incurring the expense of
the blood test.

����
(h)
�
The requirement to provide proof of financial
responsibility pursuant to section 287-20 shall not be based upon a sentence
imposed under subsection (b)(1).

����
(i)
�
Any person who violates this section shall be
guilty of a violation.

����
(j)
�
For any person sentenced pursuant to this
section for a violation committed while the person was a minor under the age of
eighteen:

����
(1)
�
The court shall not order any financial
penalties, surcharges, or reimbursements as permitted by this section against
the person, or the person's parent or guardian for the person's violation; and

����
(2)
�
Any sentence of community service shall be
limited to no more than seventy-two hours and shall not interfere with the
person's school or work commitments.

����
[
(j)
]

(k)
�
As used in this section, the
terms "driver's license" and "examiner of drivers" have the
same meanings as provided in section 286-2."

PART III

����
SECTION
15.
�
Section 302A-1153, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�302A-1153
�

Vandalism damage to public school property.
�
(a)
�

Any pupil found to be responsible for an act of vandalism against any
public school, building, facility, or ground [
shall make restitution in any
manner, including monetary restitution by the pupil or pupil's parents, or
guardian, or both.
]
may be required to perform community service to
repair any damage caused.

����
This
section shall be in addition to, and shall in no way limit the provisions of
any other law concerning, offenses against property rights.

����
(b)
�
No pupil, parent, or guardian shall be
required to make
monetary
restitution in any manner [
unless the pupil
and the parents or guardian have been notified and have been given an
opportunity to be heard, on any report of vandalism involving the pupil, and
the pupil, parent, or guardian have executed a written agreement to make
restitution
].

����
(c)
�
The principal of the school in which the
vandalism occurred shall make or order an investigation of the vandalism.
�
If after the investigation, the principal has
reasonable cause to believe that a specific pupil is responsible for the
vandalism, the principal shall schedule a conference with the pupil and the
pupil's parents or guardian.
�
Except for
the principal of the school in which the vandalism occurred, the pupil and the
parents or guardian, no other person shall be permitted to be in the conference
for any reason.

����
(d)
�
At the conference, the principal of the
school in which the vandalism occurred shall present the findings of the
investigation [
and the requirements of restitution
] to the pupil and
parents or guardian.

����
If the
pupil and the parents or guardian agree with the findings of the principal and
the manner in which [
restitution is to be made,
]
the pupil is to be
held accountable,
the principal and the pupil and parent or guardian shall
execute a written agreement [
which
]
that
shall specify the manner
in which [
restitution is to be made.

����
Agreements
shall be made only for damages that do not exceed $3,500.

����
If
restitution is made in this fashion, then no
]
the pupil shall repair any
damage caused.
�
This shall include no
more than seventy-two hours of community service, which shall be performed in a
manner that does not interfere with the pupil's school or work commitments.
�
No
information about the investigation,
conference, and the actions taken shall be communicated to any person not
directly involved in the proceedings.

����
If the
pupil and parent or guardian do not agree with the findings made by the
principal, the principal shall report the findings, including all the records
and documents regarding the investigation and conference, to the complex area
superintendent, who shall review the findings and may refer the matter to the
attorney general for any further action pursuant to section 577-3.

����
[
(e)
�
If the damages exceed $3,500, the principal
shall report the matter to the complex area superintendent, who shall refer the
matter to the attorney general for any further action pursuant to section
577-3.

����
(f)
]

(e)
�
Notwithstanding any
provisions in this section to the contrary, the State may elect to bring any
appropriate action for the recovery of all damages to school properties.
�
Nothing in this section shall limit the right
of the State to bring an action against any person to recover these
damages."

PART IV

����
SECTION
16
.
�
Section 351-62.6, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�351-62.6
�

Compensation fee.
�
(a)
�
[
The
]
Except as provided in
subsection (d), the
court shall impose a compensation fee upon every
defendant who has been convicted or who has entered a plea under section 853-1
and who is or will be able to pay the compensation fee.
�
The amount of the compensation fee shall be
commensurate with the seriousness of the offense as follows:

����
(1)
�
[
Not
]
No
less than $105 nor more
than $505 for a felony;

����
(2)
�
$55 for a misdemeanor; and

����
(3)
�
$30 for a petty misdemeanor.

The compensation fee shall be separate from any fine
that may be imposed under section 706-640 and shall be in addition to any other
disposition under this chapter; provided that the court shall waive the
imposition of a compensation fee if the defendant is unable to pay the
compensation fee.
�
Moneys from the
compensation fees shall be deposited into the crime victim compensation special
fund under section 351-62.5.

����
(b)
�
The criteria of section 706-641 may apply to
this section.
�
In setting the amount of
the compensation fee to be imposed, the court shall consider all relevant
factors, including but not limited to:

����
(1)
�
The seriousness of the offense;

����
(2)
�
The circumstances of the commission of the
offense;

����
(3)
�
The economic gain, if any, realized by the
defendant;

����
(4)
�
The number of victims; and

����
(5)
�
The defendant's earning capacity, including
future earning capacity.

����
(c)
�
The compensation fee shall be considered a
civil judgment.

����
(d)
�
No compensation fee provided for in this
section shall be levied against a person who is adjudicated for an offense
committed while the person was a minor under the age of eighteen, or against
the person's parent or guardian for that person's offense.
"

����
SECTION
17
.
�
Section 353G-10, Hawaii Revised Statutes, is
amended to read as follows:

����
"
[
[
]�353G-10[
]
]
�
Drug testing or assessment fees.

�
(a)
�

Except as provided in [
subsection
]
subsections
(b)[
,
]

and (e),
the agency responsible for monitoring a person's compliance
with the terms and conditions of parole or other release from a correctional
center or facility shall impose upon the person reasonable fees to cover the
cost of:

����
(1)
�
Any drug test of the person required or
ordered under this chapter; and

����
(2)
�
Any assessment of the person required or
ordered under this chapter.

The fees shall not be less than the actual and
administrative costs of a drug test or assessment.
�
The fees may be deducted from any income a
person has received as a result of labor performed in a correctional center or
facility or any type of work release program.

����
(b)
�
Upon a finding of indigence, the agency
responsible for monitoring a person's compliance with the terms and conditions
of parole or other release from a correctional center or facility shall require
the person to pay as much of the fee as is consistent with the person's ability
to pay.

����
(c)
�
All fees collected pursuant to subsection
(a)(1) shall be forwarded to the agency responsible for monitoring the person's
compliance with the terms and conditions of parole or other release from a
correctional center or facility for payment of costs associated with the
agency's drug testing program.

����
(d)
�
All fees collected pursuant to subsection
(a)(2) shall be forwarded to the assessment program for payment of costs
associated with the provision of assessments.

����
(e)
�
No fees provided for in this section shall be
levied against a person for a violation that occurred while the person was a
minor under the age of eighteen, or against the person's parent or guardian for
that person's violation.
"

PART V

����
SECTION
18
.
�
Section 571-31.4, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"(c)
�
Informal adjustment under this section may
include, among other suitable methods, programs, and procedures, the following:

����
(1)
�
Participation in
restitution projects to obtain appropriate victim satisfaction;

����
(2)
�
Participation in
community service projects so as to establish the child's self value in the
community;

����
(3)
�
Participation in
community-based programs [
which
]
that
work with the child and
family to maintain and strengthen the family unit so that the child may be
retained in the child's own home;

����
(4)
�
Submission to
neighborhood courts or panels upon procedures to be established by the
court.
�
As used in this paragraph
"neighborhood courts or panels" are community organizations designed
to settle minor disputes between parties on a voluntary basis using mediation
or nonbinding arbitration;

����
(5)
�
Participation in
programs to support, counsel, or provide work and recreational opportunities to
help prevent delinquency;

����
(6)
�
Participation in
educational programs or supportive services designed to help delinquents and to
encourage other youths to remain in elementary and secondary schools or in
alternative learning situations;

����
(7)
�
Participation in
youth-initiated programs and outreach programs designed to assist youth and
families;

����
(8)
�
Appropriate
physical and medical examinations, vocational and aptitude testing,
examinations for learning disabilities or emotional dysfunctions, and suitable
counseling and therapy;

����
(9)
�
Placement with
nonsecure or secure shelter facilities;

���
(10)
�
Restitution
providing for monetary payment by the parents of the child; or

���
(11)
�
Participation in a
restorative justice program where the child and the child's parents or
guardian, and other supporters of the child, may meet with the victim harmed by
the child's law violation and the victim's supporters[
.
]
;

provided that any treatment or services provided
under this section shall be provided at no cost to the person whose violation
occurred while the person was a minor under the age of eighteen, or to the
person's parent or guardian for that person's violation.
�
Nothing in this section shall prohibit the
utilization of treatment or services provided or covered by any health
insurance plan under which the person is already a covered person or
beneficiary; provided that the person or the person's parent or guardian shall
be responsible for all copayments required by the insurer.
"

����
SECTION
19
.
�
Section 571-32, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-32
�

Detention; shelter; release; notice.
�

(a)
�
If a minor who is believed to
come within section 571-11(1) is not released as provided in section 571-31 and
is not deemed suitable for diversion, then the minor shall be taken without
unnecessary delay to the court or to the place of detention or shelter
designated by the court.
�
If a minor who
is believed to come within section 571-11(2) is not released as provided in
section 571-31, and is not deemed suitable for diversion, then the minor shall
be taken without unnecessary delay to the court or to the place of shelter
designated by the court.
�
If the court
determines that the minor requires care away from the minor's own home but does
not require secure physical restriction, the minor shall be given temporary
care in any available nonsecure minor caring institution, foster family home,
or other shelter facility.

����
(b)
�

The officer or other person who brings a minor to a detention or shelter
facility shall give notice to the court at once, stating the legal basis
therefor and the reason why the minor was not released to the minor's
parents.
�
If the facility to which the
minor is taken is not an agency of the court, the person in charge of the
facility in which the minor is placed shall promptly give notice to the court
that the minor is in that person's custody.
�

Before acceptance of the minor 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 minor, the judge,
officer, staff member, or director of detention services may then order the
minor to be released, if possible, to the care of the minor's parent, guardian,
legal custodian, or other responsible adult, or the judge may order the minor
held in the facility subject to further order or placed in some other appropriate
facility.

����
(c)
�

As soon as a minor is detained, the minor'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 minor 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 minor if an order
of detention has not been made.

����
(d)
�

No 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.
�
For the
purposes of this section:

����
(1)
�
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
subsection (g)(3); and

����
(2)
�
Detention in a
jail or lockup for adults may be permitted for[
:
]
a minor accused of
a non-status offense who is:

���������
(A)
�
[
A minor
accused of a non-status offense who is held
]
Held
for a period not
to exceed six hours; provided that 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
]
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 for adults 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 no 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; 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.

����
(e)
�

No minor may be held after the filing of a petition or motion, as
specified in subsection (d), 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 minor comes within
section 571-11(1), the minor 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 minor comes within section 281-101.5 or 571-11(2), the minor
may be held, following a court hearing, in a shelter but shall not be securely
detained in a detention facility for juveniles for longer than twenty-four
hours, excluding weekends and holidays, unless the minor 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)
�

No minor shall be released from detention except in accordance with this
chapter.

����
(g)
�

When a minor is ordered to be held or detained by the court:

����
(1)
�
Where a minor
transferred for criminal proceedings pursuant to a waiver of family court
jurisdiction is detained, the 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 meet the
specific needs of the minor and protect the safety of the public as well as
other detained minors; and

���������
(G)
�
Any other relevant
factor; and

����
(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, or to have sight or sound contact with adult
inmates:

���������
(A)
�
The court shall
hold a hearing no less frequently than once every thirty days, or in the case
of a rural jurisdiction, no 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.

����
(h)
�

A minor may be placed in room confinement in a juvenile detention or
adult jail facility only under the following conditions:

����
(1)
�
Room confinement
may only be used as a temporary response to a minor's behavior, and only if:

���������
(A)
�
The behavior poses
an immediate and substantial risk of danger to the minor's self or another
individual, or a serious and immediate threat to the safety and orderly
operation of the facility; provided that any decision to hold a minor in room
confinement due to a mental health emergency shall be made by a mental health
professional and based upon the mental health professional's examination of the
minor; or

���������
(B)
�
The minor is an
imminent escape risk;

����
(2)
�
Because of the
potential impact on a minor's mental or physical health, room confinement may
only be used for the minimum time necessary for the minor to regain
self-control, and only after less restrictive options or techniques, including
de-escalation, conflict and behavioral management techniques, and intervention
by a mental health professional, have been attempted, exhausted, and failed;

����
(3)
�
If a minor is
placed in room confinement, the reasons for the room confinement shall be
explained to the minor.
�
The minor shall
also be informed that release from room confinement will occur immediately when
the minor exhibits self-control and is no longer deemed a threat to the minor's
safety or the safety of others;

����
(4)
�
If a minor 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 minor 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 not be used for purposes of punishment or disciplinary sanction,
coercion, convenience, or retaliation, or to address staffing shortages at the
facility;

����
(6)
�
A minor may be
held in room confinement for no more than three hours unless the minor is a
danger to themselves or another, or the on-call judge grants an extension of no
more than three additional hours of confinement.
�
Thereafter, the minor shall be returned to
the general population; provided that if a minor 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 time the minor shall be provided legal
representation;

����
(7)
�
A minor shall not
be returned to room confinement immediately after returning to the general
population from room confinement for the purposes of evading the reporting
requirements and room confinement restrictions pursuant to this section;

����
(8)
�
If the minor is
not returned to the general population following a hearing pursuant to
paragraph (6), the minor shall be transferred to a location where services may
be provided to the minor without the need for room confinement; provided that
if a 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 minor;

����
(9)
�
All rooms used for
room confinement shall have adequate and operational lighting, ventilation for
the comfort of the minor, and shall be clean and resistant to suicide and
self-harm;

���
(10)
�
The minor shall
have access to drinking water, toilet facilities, hygiene supplies, and reading
materials approved by a mental health professional;

���
(11)
�
The minor shall
have the same access as provided to minors 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;

���
(12)
�
The minor shall be
continuously monitored by facility staff; and

���
(13)
�
The judiciary
shall post quarterly on the judiciary's website a report of its detention
center detailing their compliance with this section.
�
Each report shall include:

���������
(A)
�
The number of
incidents of room confinement every year;

���������
(B)
�
The number of
minors impacted;

���������
(C)
�
The age, gender
identity, and race of minors impacted;

���������
(D)
�
Any alternative
strategies employed before the use of room confinement, the reasons those
alternative strategies failed, and why room confinement was necessary; and

���������
(E)
�
The incidence of
mental illness.

����
For the purposes of this subsection:

����
"Mental health professional"
means a qualified mental health professional or mental health professional
supervised by a qualified mental health professional.

����
"Room confinement" means the
placement of a minor 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 minor 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.

����
(i)
�

Provisions regarding bail shall not be applicable to minors detained in
accordance with this chapter, except that bail may be allowed after a minor has
been transferred for criminal prosecution pursuant to waiver of family court
jurisdiction.

����
(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 minor who is or appears to be under eighteen years of age is received at the
facility.

����
(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.

����
(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 minors 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).
�
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 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).

����
(m)
�
Any costs associated with the detention of a
minor shall be borne by the court.
�
The
court shall not seek reimbursement for costs incurred pursuant to this section
from a person adjudicated under sections 571-11(1) or (2), 571-13, 571‑22,
or 571-41(f), or from the person's parent or guardian; provided that the court
may order restitution to a victim, as applicable.
"

����
SECTION
20
.
�
Section 571-33, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-33
�

Detention and shelter facilities.
�

Provisions shall be made for the temporary detention of children or
minors in a detention home, to be conducted as an agency of the court; or the
court may arrange for the care and custody of [
such
]
the
children
or minors temporarily in private homes subject to the supervision of the court,
or may arrange with any institution or agency to receive for temporary care and
custody children or minors within the jurisdiction of the court.

����
When a
detention home is established as an agency of the court, the judge may appoint
a director of detention services and other necessary employees for [
such
]

the
home in the same manner as is provided by law for the appointment of
other employees of the court.

����
A
detention home established in any circuit may be used for the temporary
detention of children or minors ordered to be detained by the court of another
circuit.
�
The use shall be subject to the
approval of the judge of the court of the circuit in which the detention home
is situated, upon such terms and conditions as may be established by the judge.

����
The family
court shall also provide nonsecure shelter facilities separate from detention
facilities.
�
In referring minors to a
nonsecure shelter, the court shall consider the minor's background, degree of
involvement in illegal and antisocial activities, current behavioral patterns,
and any other relevant criteria to determine placement.

����
Any
costs associated with the detention, placement, or care of a minor who is
subject to this section shall be borne by the court.
�
The court shall not seek reimbursement for
costs incurred pursuant to this section from a person adjudicated under
sections 571-11(1) or (2), 571-13, 571-22, or 571-41(f), or from the person's
parent or guardian.
"

����
SECTION
21
.
�
Section 571-48, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-48
�

Decree, if informal adjustment or diversion to a private or community
agency or program has not been effected.
�

When a child is found by the court to come within section 571‑11,
the court shall so decree and in its decree shall make a finding of the facts
upon which the court exercises its jurisdiction over the child.
�
Upon the decree the court, by order duly
entered, shall proceed as follows:

����
(1)
�
As to a child
adjudicated under section 571-11(1):

���������
(A)
�
The court may
place the child on probation:

�������������
(i)
�
In the child's own
home; or

������������
(ii)
�
In the custody of
a suitable person or facility elsewhere, upon conditions determined by the
court.

�������������
An order by the
court placing a child on probation under this subparagraph shall include a
definite term of probation stated in months or years, subject to extension or
modification by the court pursuant to section 571-50.
�
When conditions of probation include
custody in a youth correctional facility, the custody shall be for a term not
to exceed one year, after which time the child shall be allowed to reside in
the community subject to additional conditions as may be imposed by the court;

���������
(B)
�
The court may vest
legal custody of the child, after prior consultation with the agency or
institution:

�������������
(i)
�
In a Hawaii youth
correctional facility
if the child has been adjudicated for a
felony‑level offense or a violation or revocation of probation, or is
committed to the facility from juvenile drug court or girls court on a court
order.
�
For a child eligible for
placement in a Hawaii youth correctional facility, the court shall enter a
finding of fact in the record stating the reasons the child is a public safety
risk warranting placement in the correctional facility.
�
No such finding of fact shall be required if
the child is adjudicated for a felony against a person or a sex offense;

������������
(ii)
�
In a local public
agency or institution;

�����������
(iii)
�
In any private
institution or agency authorized by the court to care for children; or

������������
(iv)
�
In a private home.

�������������
If legal custody of the
child is vested in a private agency or institution in another state, the court
shall select one that is approved by the family or juvenile court of the other
state or by that state's department of social services or other appropriate
department;

���������
(C)
�
The court may
place a child on administrative monitoring, as defined in section 571-2,
pending completion of conditions as may be imposed by the court, to preempt the
need for disposition to a full probation term, and to afford the child the
opportunity to demonstrate behavior adjustments.
�
Upon completion of the court-ordered
conditions, the court shall discharge the child pursuant to section
571-50.
�
If a child fails to complete the
court-ordered conditions, the court may extend or modify the order pursuant to
section 571-50, or dispose the child to probation status under paragraph
(1)(A); or

���������
(D)
�
[
The court may fine the child for
]
For
a violation [
which
]

that
would be theft in the third degree by shoplifting if committed by
an adult[
.
�
The
]
, the
court
may require the child to perform [
public services in lieu of the fine;
]
community
service of no more than seventy-two hours; provided that the community service
shall not interfere with the child's school or work commitments.
�
The court shall not impose a fine on the
child or the child's parent or guardian;

����
(2)
�
As to a child
adjudicated under section 571-11(2):

���������
(A)
�
The court may
place the child under protective supervision, as hereinabove defined, in the
child's own home, or in the custody of a suitable person or agency elsewhere,
upon conditions determined by the court; or

���������
(B)
�
The court may vest
legal custody of the child, after prior consultation with the agency or
institution, in a local governmental agency or institution licensed or approved
by the State to care for children, with the exception of an institution
authorized by the court to care for children.
�

If legal custody of the child is vested in a private agency or
institution in another state, the court shall select one that is approved by
the family or juvenile court of the other state or by that state's department
of social services or other appropriate department; provided that the child may
not be committed to a public or private institution operated solely for the
treatment of law violators;

����
(3)
�
An order vesting
legal custody of a minor in an individual, agency, or institution under section
571‑11(2) shall be for an indeterminate period but shall not remain in
force or effect beyond three years from the date entered, except that the
individual, institution, or agency may file with the court a petition for
renewal of the order and the court may renew the order if it finds [
such
]

the
renewal necessary to safeguard the welfare of the child or the
public interest.
�
The court, after notice
to the parties, may conduct a hearing on the petition.
�
Renewal may be periodic during minority, but
no order shall have any force or effect beyond the period authorized by section
571-13.
�
An agency granted legal custody
shall be subject to prior approval of the court in any case in which the child
is to reside without the territorial jurisdiction of the court and may be
subject to prior approval in other cases.
�

An individual granted legal custody shall exercise the rights and
responsibilities personally unless otherwise authorized by the court;

����
(4)
�
Whenever the court
commits a child to the care of the director of human services or executive
director of the office of youth services, or vests legal custody of a child in
an institution or agency, it shall transmit with the order copies of the
clinical reports, social study, results of the risk and needs assessment
conducted by the court, and other information pertinent to the care and
treatment of the child, and the institution or agency shall give to the court
any information concerning the child that the court may at any time
require.
�
An institution or agency
receiving a child under this paragraph shall inform the court whenever the
status of the child is affected through temporary or permanent release,
discharge, or transfer to other custody.
�

An institution to which a child is committed under section 571-11(1) or
(2) shall not transfer custody of the child to an institution for the
correction of adult offenders, except as authorized in this chapter and under
chapter 352;

����
(5)
�
The court may
order, for any child within its jurisdiction, whatever care or treatment is
authorized by law;

����
(6)
�
In placing a child
under the guardianship or custody of an individual or of a private agency or
private institution, the court shall give primary consideration to the welfare
of the child;

����
(7)
�
In support of any
order or decree under section 571‑11(1) or (2), the court may require the
parents or other persons having custody of the child, or any other person who
has been found by the court to be encouraging, causing, or contributing to the
acts or conditions [
which
]
that
bring the child within the
purview of this chapter and who are parties to the proceeding, to do or to omit
doing any acts required or forbidden by law, when the judge deems this
requirement necessary for the welfare of the child.
�
The court may also make appropriate orders
concerning the parents or other persons having custody of the child and who are
parties to the proceeding.
�
If such
persons fail to comply with the requirement or with the court order, the court
may proceed against them for contempt of court;

����
(8)
�
In support of any
order or decree for custody or support, the court may make an order of
protection setting forth reasonable conditions of behavior to be observed for a
specified time, binding upon both parents or either of them.
�
This order may require either parent to stay
away from the home or from the other parent or children, may permit the other
to visit the children at stated periods, or may require a parent to abstain
from offensive conduct against the children or each other;

����
(9)
�
The court may
dismiss the petition or otherwise terminate its jurisdiction at any time;

���
(10)
�
In any other case
of which the court has jurisdiction, the court may make any order or judgment
authorized by law;

���
(11)
�
The court may
order any person adjudicated pursuant to section 571-11(1) to make restitution
of money or services to any victim who suffers loss as a result of the child's
action, or to render community service[
;
]
of no more than seventy-two
hours; provided that the community service shall not interfere with the child's
school or work commitments;

���
(12)
�
The court may
order any [
person
]
child
adjudicated pursuant to section
571-11(2) to participate in community service[
; and
]
of no more than
seventy-two hours; provided that the community service shall not interfere with
the child's school or work commitments;

���
(13)
�
The court may
order the parents of an adjudicated child to make restitution of money or
services to any victim, person, or party who has incurred a loss or damages as
a result of the child's action[
.
]
; and

���
(14)
�
Notwithstanding paragraph (11) or (13), the
court shall not impose any financial penalties or seek reimbursement for costs
against the adjudicated child or the child's parent or guardian.
"

����
SECTION
22
.
�
Section 571-51, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-51
�

Support of minor committed for study or care.
�
Whenever legal custody of a minor is given by
the court to someone other than the minor's parents, or when a minor is given
medical, psychological, or psychiatric study or treatment under order of the
court, and no provision is otherwise made by law for the support of the minor
or for payment for such treatment, compensation for the study and treatment of
the minor, when approved by order of the court, shall[
, if necessary,
]
be paid out of such moneys as may be appropriated for the expenses of the
court.
�
[
After giving the parent a
reasonable opportunity to be heard, the court may order and decree that the
parent shall pay, in such manner as the court may direct, a reasonable sum that
will cover in whole or in part the support and treatment of the minor given
after the decree is entered.
�
If the
parent wilfully fails or refuses to pay such sum, the court may proceed against
the parent as for contempt, or the order may be filed and shall have the effect
of a civil judgment.
]
The court shall not order the parent or guardian
of a person adjudicated under sections 571-11(1) or (2), 571-13, 571-22, or
571-41(f) to pay for the person's support and treatment; provided that the
court may order the person or the person's parent or guardian to utilize
treatment options available to the person or the person's parent or guardian
through any health insurance under which the person is already a covered person
or beneficiary; provided further that the person or the person's parent or
guardian shall be responsible for all copayments required by the insurer.

����
Compensation
may be made to a nongovernmental agency, provided that it shall make periodic
reports to the court or to an agency designated by the court concerning the
care and treatment the minor is receiving and the minor's response to such
treatment.
�
These reports shall be made
as frequently as the court deems necessary and shall be made with respect to
every such minor at intervals not exceeding six months.
�
The agency shall also afford an opportunity
for a representative of the court or of an agency designated by the court to
visit, examine, or consult with the minor as frequently as the court deems
necessary."

����
SECTION
23
.
�
Section 571-83, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-83
�

Court
fees, fines,
and
administrative costs;
witness fees.
�
(a)
�

In proceedings under section 571-11(1), (2), or (9), no [
court
]
fees
, fines, or administrative costs
shall be charged against[
, and
no
]
a child or the child's parent or guardian.

����
(b)
�
No
witness fees shall be allowed to[
,
]
any party to a petition.
�
No officer of
the State or of any political subdivision thereof shall be entitled to receive
any fee for the service of process or for attendance in court in any [
such
]
proceedings except as otherwise provided in this chapter.
�
All other persons acting under orders of the
court may be paid for service of process and attendance or service as
witnesses, the fees provided by law to be paid from the proper appropriation
when the allowances are certified to by the judge."

����
SECTION
24
.
�
Section 571-87, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"
(a)
�

When it appears to a judge that a person requesting the appointment of
counsel satisfies the requirements of chapter 802 for determination of
indigency, or the court in its discretion appoints counsel under chapters [
[
]587A[
]
]
and 346, part X, or that a person requires
the
appointment of a guardian
ad litem, the judge shall appoint counsel or a guardian ad litem to represent
the person at all stages of the proceedings, including appeal, if any.
�
Appointed counsel and the guardian ad litem
shall receive reasonable compensation for necessary expenses, including travel,
the amount of which shall be determined by the court, and reasonable fees
pursuant to subsections (b) and (c).
�
All
of these expenses and fees shall be certified by the court and paid upon vouchers
approved by the judiciary and warrants drawn by the comptroller.
�
If the person the appointed counsel or
guardian ad litem is representing is a minor, the court shall not order the
minor or the minor's parent or guardian to reimburse any costs associated with
the appointment of counsel or a guardian ad litem in proceedings under sections
571-11(1) or (2), 571-13, 571-22, or 571-41(f).
"

����
SECTION
25
.
�
Section 577-3.5, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"(b)
�
In addition to any other lawful orders, if a
minor is found under chapter 571 to have committed an act constituting
graffiti, the court shall:

����
(1)
�
Require the minor[
,
the
]
or the minor's
parents[
,
] or [
the
] legal
guardians to remove the graffiti from the affected property within sixty days
of the order [
and pay for the cost of paint and materials
]; or if
appropriate, [
pay for the actual cost of having the damaged property
repaired or replaced;
]
participate in an available accountability
program offered by the judiciary;
and

����
(2)
�
Order the minor to
perform [
a minimum of eighty hours of community service to remove graffiti
from other properties.
]
no more than seventy-two hours of community
service; provided that the community service shall not interfere with the
minor's school or work commitments.
"

����
SECTION
26
.
�
Section 577-21, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�577-21
�

Curfew ordinances, effect.
�

Each of the counties may enact and enforce ordinances regulating the
presence of children in public places and on public streets and roads during
certain hours at night.

����
Upon each
of the counties enacting an ordinance pertaining to curfew for children, then
so far as that county is concerned, the ordinance shall have full force and
effect, and shall supersede sections 577-16, [
577-18,
] 577-19 and 577-20
until the ordinance is repealed or otherwise made invalid."

����
SECTION
27
.
�
Section 577-26, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�577-26
�

Alcohol or drug abuse relating to minors; diagnosis, counseling, and
related activities.
�
(a)
�
A counselor, certified, licensed, or
otherwise authorized by law to engage in the practice of counseling services in
either or both the public and private sector, may inform the spouse, parent,
custodian, or guardian of any minor who requests, is referred for, or received
counseling services relating to alcohol or drug abuse.

����
(b)
�
If a minor consents to receive counseling
services for alcohol or drug abuse, the spouse, parent, custodian, or guardian
of the minor shall not be liable for the legal obligations resulting from the
furnishing of [
such
]
the
counseling services provided by the
counselor.
�
A minor who consents to the
provision of counseling services under this section shall [
assume financial
responsibility for the costs of such services, if any.
]
not be
financially responsible for the costs of the services, except as provided in
subsection (f).

����
(c)
�
[
Notwithstanding any other law to the
contrary, no
]
Except as provided in subsection (f), no
spouse,
parent, custodian, or guardian[
, whose consent has not been obtained or who
has no prior knowledge that the minor has consented to the provision of such
counseling services for alcohol or drug abuse
] shall be liable for the
costs [
incurred by virtue of the minor's consent.
]
of alcohol or drug
abuse counseling services provided to the minor.

����
[
(d)
�
Notwithstanding any other law to the
contrary, any action to recover any debt founded upon any contract, obligation
or liability under this section shall not commence until a minor has reached
the age of majority; provided that said action shall commence within two years
of date a minor reaches the age of majority.

����
(e)
]

(d)
�
The consent to the provision
of furnishing counseling services for alcohol or drug abuse by the counselor
when executed by a minor who is or professes to suffer from alcohol or drug
abuse, shall be valid and binding as if the minor had achieved the minor's
majority; that is, the minor who is or professes to suffer from alcohol or drug
abuse, shall be deemed to have, and shall have the same legal capacity, the
infancy of the minor and any contrary provisions of law notwithstanding, and [
such
]

the
consent shall not be subject to later disaffirmance by reason of [
such
]
minority; and the consent of no other person (including but not limited to a
spouse, parent, custodian, or guardian) shall be necessary in order to
authorize [
such
] counseling services to [
such a
]
the

minor.

����
[
(f)
]

(e)
�
In the provision of
counseling services for alcohol or drug abuse, the counselor shall seek to open
the lines of communication between the minor and the spouse, parent, custodian,
or guardian; provided [
such
]
this
action is deemed beneficial in
achieving the desired counseling objectives.

����
(f)
�
Nothing in this section shall prohibit the
utilization of alcohol or drug abuse counseling services provided or covered by
any health insurance plan under which the minor is a covered person or
beneficiary; provided that the minor or the minor's parent or guardian shall be
responsible for all copayments required by the insurer.
"

����
SECTION
28
.
�
Section 577-18, Hawaii Revised Statutes, is
repealed.

����
["
�577-18
�

Parents allowing children in street, prohibited when; penalty.
�
Any parent or guardian having the care,
custody, and control of a child under sixteen years of age, who, except in case
of necessity, knowingly, and voluntarily suffers or permits such child to go or
remain on any public street, highway or public place after ten o'clock in the
evening and before four o'clock in the morning, unaccompanied by an adult
person thereto authorized by such parent or guardian, shall be fined not more
than $100 or imprisoned not more than twenty days.
"]

����
SECTION
29
.
�
Section 577-23, Hawaii Revised Statutes, is
repealed.

����
["
�577-23
�

Parent et al.

responsibility,
penalty.
�
Any parent, guardian, or
other person having the care, custody, or control of an unmarried minor, who
knowingly permits such minor to violate section 577-22, shall be fined not more
than $50 or imprisoned not more than thirty days.
"]

����
SECTION
30.
�
Section 577-24, Hawaii Revised Statutes, is
repealed.

����
["
�577-24
�

Escort's responsibility; penalty.
�
Any person who knowingly takes, escorts, or
accompanies any unmarried minor to a dance hall which the minor is prohibited
from attending by section 577-22, or who invites or encourages the minor to
attend such dance hall, shall be fined not more than $100 or imprisoned not
more than ninety days.
"]

PART VI

����
SECTION
31.
�
(a)
�

As of the effective date of this Act, any outstanding court-ordered
fees, fines, or administrative costs ordered against a person who was
adjudicated for offenses committed during the person's minority, or pursuant to
sections 571-11(1) or (2), 571-13, 571-22, or 571-41(f), Hawaii Revised
Statutes, shall be void and not collectable, including any interest, penalties,
or collection expenses on the judgment, order, agreement, or other legally
enforceable encumbrance.
�
This Act shall
apply to dual-status children for purposes of delinquency jurisdiction.

����
(b)
�
If, on or after the effective date of this
Act, a payment is made by a person or the person's parent or guardian toward
any fees, fines, or costs made void by this Act, the payment shall be
reimbursed within a reasonable time.

PART VII

����
SECTION
32.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
33.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
34.
�
This Act shall take effect upon its
approval; provided that the amendments made to sections 291E-61 and 291E 61.5,
Hawaii Revised Statutes, by sections 12 and 13, respectively, of this Act shall
not be repealed when those sections are reenacted on June 30, 2028, pursuant to
section 11 of Act 196, Session Laws of Hawaii 2021, as amended by section 8 of
Act 148, Session Laws of Hawaii 2023.

INTRODUCED BY:

_____________________________

Report Title:

Juvenile
Justice; Minors; Court Fees; Fines; Penalties; Prohibited; Community Service

Description:

Prohibits
the assessment of any fees, fines, or court costs against a person who was
adjudicated for an offense committed during the person's minority, or against
the person's parent or guardian, and discharges all related debt obligations
assessed before the effective date of the Act.
�

Limits court-ordered community service for a minor to no more than
seventy-two hours.
�
Repeals certain
penalties imposed on parents, guardians, or other persons associated with
unaccompanied children in streets and unmarried minors in dance halls.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.