RELATING TO YOUTH PENALTIES.

Children Parental Rights Taxes

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: TARNAS, AMATO, BELATTI, GRANDINETTI, HUSSEY, ILAGAN, IWAMOTO, KAPELA, KEOHOKAPU-LEE LOY, KUSCH, MARTEN, PERRUSO, POEPOE, REYES ODA, SOUZA, TAKAYAMA
Last action: 2026-03-25
Official status: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
Effective date: Not listed

Plain English Breakdown

The exact nature of the community service programs encouraged by the bill is not detailed.

Rules About Penalties for Youth Offenses

This bill stops courts from charging fines and fees to minors who commit offenses and their parents or guardians.

What This Bill Does

Prohibits the assessment of any fees, fines, or court costs against a person who was adjudicated for an offense committed during their minority, or against the person's parent or guardian.
Discharges all related debt obligations assessed before the bill's effective date for minors and their parents or guardians.
Encourages the use of community service programs that connect youth to their culture, community, and land.

Who It Names or Affects

Minors under age eighteen who commit offenses.
Parents or guardians of minors who commit offenses.
Courts that handle juvenile cases.

Terms To Know

Adjudicated: When a court officially decides on the guilt or innocence of someone in a legal case.
Aina-based principles: Principles that connect people to their land and culture, often used in community service programs.

Limits and Unknowns

The bill does not specify how the discharged debt obligations will be handled.
It is unclear if there are specific penalties for courts or officials who do not follow these rules.
The exact nature of the community service programs encouraged by the bill is not detailed.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment prohibits charging fines, fees, or costs against minors under 18 who are adjudicated for offenses and their parents or guardians.

Prohibits the assessment of any fees, fines, or costs against a minor under 18 years old who is adjudicated for an offense and against the minor's parent or guardian.
Encourages the use of community service and other programs that connect youth to their culture, community, and land instead of financial penalties.
Repeals certain penalties imposed on parents, guardians, or others associated with unaccompanied children in streets and unmarried minors in dance halls.

The amendment text does not provide specific details about how the prohibition will be enforced or what alternatives to fines will be implemented.
It is unclear from the provided text how existing outstanding financial penalties for minors will be addressed.

SD1

Hawaii published version SD1

Plain English: This amendment prohibits fines and costs for minors under 18 who commit offenses, encourages community service programs, and removes penalties on parents and guardians related to unaccompanied children.

Prohibits the assessment of any fees, fines, or costs against a minor under 18 who commits an offense, as well as their parent or guardian.
Encourages the use of community service programs that connect youth with their culture and community.
Repeals certain penalties imposed on parents, guardians, or other persons associated with unaccompanied children in streets and unmarried minors in dance halls.

The amendment text does not provide specific details about how the new programs encouraging community service will be implemented.

Bill History

2026-03-25 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-03-25 S
Reported from HHS (Stand. Com. Rep. No. 3188) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-03-20 S
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.
2026-03-17 S
The committee(s) on HHS has scheduled a public hearing on 03-20-26 1:00PM; Conference Room 225 & Videoconference.
2026-03-10 S
Referred to HHS, JDC.
2026-03-10 S
Passed First Reading.
2026-03-10 S
Received from House (Hse. Com. No. 144).
2026-03-06 H
Passed Third Reading with Representative(s) Kila, Shimizu voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and Representative(s) Perruso, Quinlan, Sayama excused (3). Transmitted to Senate.
2026-03-06 H
Reported from JHA (Stand. Com. Rep. No. 990-26), recommending passage on Third Reading.
2026-02-25 H
The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and 1 Excused: Representative(s) Belatti.
2026-02-23 H
Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-02-18 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Gedeon, Matsumoto voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and none excused (0).
2026-02-18 H
Reported from HSH (Stand. Com. Rep. No. 379-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-12 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Alcos, Garcia; and 1 Excused: Representative(s) Takenouchi.
2026-02-10 H
Bill scheduled to be heard by HSH on Thursday, 02-12-26 10:30AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-01-26 H
Referred to HSH, JHA, referral sheet 1
2026-01-21 H
Introduced and Pass First Reading.
2026-01-20 H
Prefiled.

Official Summary Text

RELATING TO YOUTH PENALTIES.
Juvenile Justice; Minors; Fees; Fines; Court Costs; Penalties; Prohibited; Community Service
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. Encourages the use of community service and other programs that employ aina-based principles. Repeals certain penalties imposed on parents, guardians, or other persons associated with unaccompanied children in streets and unmarried minors in dance halls. (SD1)

Current Bill Text

Read the full stored bill text

HB1626

HOUSE OF REPRESENTATIVES

H.B. NO.

1626

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO YOUTH PENALTIES
.

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

PART I

����
SECTION 1.
�
The legislature finds that charging fines and
court costs to youth is a harmful and ineffective accountability practice.
�
In Hawaii, these financial penalties
disproportionately impact Native Hawaiian and Pacific Islander minors who represent
the majority of individuals charged, adjudicated, and detained for juvenile
offenses in the State's family courts, according to the department of human
services.
�
In a report on the assessment
of fees, court costs, fines, and restitution in cases against minors, the
judiciary confirms that only seventeen per cent of fines ordered against minors
have been paid in recent years.

����
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 also 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, since
2021, over thirty states have taken action to reform or repeal fees and fines
against minors and their families.
�
Many
states have extended relief by discharging outstanding financial penalties that
minors and their parents or guardians have proven unable to pay.
�
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 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)
�
Encourage the use
of community service and other programs that employ aina-based principles,
connecting youth and their parents or guardians to their culture, community,
and the land itself; 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 by amending subsections (a), (b),
and (c) to read as follows:

����
"(a)
�
[
Any
]
Except as provided in
subsection (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.

����
(b)
�

[
Any
]
Except as provided in subsection (c), any
person who
violates any other section in this part shall be fined no more than $1,000.

����
(c)
�

[
Notwithstanding subsections (a) and (b), a
]
A
minor under
the age of eighteen [
under the jurisdiction of the family court
] who is
subject to this section [
shall either
]
may
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; provided that the community
service shall not interfere with the minor's school or work commitments;
provided further 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
]

upon
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
the
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
the

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 shall
]
to
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 shall
]
to
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 shall
]
to
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 shall
]
to
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 shall
]
to
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 shall
]
to
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 shall
]
to
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 shall
]
to
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),
]
(3),
or [
291E-61(a)(4);
]
(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)
]

(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
also
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
also
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, [
or
]
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
a
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
]

the court
shall
also
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:

���������
(A)
�
Financial
penalties;

���������
(B)
�
Surcharges;

���������
(C)
�
Costs
for assessment and treatment; or

���������
(D)
�
Reimbursements
to the county for the cost of any blood or urine test conducted on the minor
pursuant to this section,

���������
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 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[
:
]
the person:

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

����
(2)
�
[
The
person operates
]
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
]
shall be
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
]
the
court
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)
�
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:

���������
(A)
�
Financial
penalties;

���������
(B)
�
Surcharges;

���������
(C)
�
Costs
for assessment and treatment; or

���������
(D)
�
Reimbursements
to the county for the cost of any blood or urine test conducted on the minor
pursuant to this section,

���������
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 not interfere with the person's school or work
commitments.

����
[
(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
]
the court
shall
also
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:

���������
(A)
�
Financial
penalties;

���������
(B)
�
Costs
for assessment and treatment; or

���������
(C)
�
Reimbursements
to the county for the cost of any blood test conducted on the minor pursuant to
this section,

���������
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 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; provided that the community
service shall be performed in a manner that does not interfere with the pupil's
school or work commitments.

����
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.
�

When appropriate, the principal shall assess the extent of the damage
and determine if a pupil has the skills necessary to remediate the damage.
�
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
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
]
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 subsections (c) and
(d) 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
]
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
]
means
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[
.
]
; or

���
(12)
�
Participation
in programs employing aina-based principles where a child and the child's
parents or guardian can deepen their relationships with their culture,
communities, and the natural environment.

���
(d)
�
Informal adjustment projects, programs, and
services may be provided through public agencies or private agencies[
.
]
;
provided that any treatment or service provided under this section shall be
provided at no cost to the child or the child's parent or guardian for that
child'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 child is already a covered
person or beneficiary; provided that the child or the child'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.

����
(e)
�
No minor shall 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, the minor
shall not be held in any jail, lockup, or prison for adults.

����
(h)
�
A minor may be placed in room confinement in
a juvenile detention 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; provided 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 juvenile detention
facility by order of a judge for the purposes set forth in section 832-12,
832-15, or 832-17.

����
(l)
�
A minor may
temporarily
be held for processing or while in transit to court in an adult jail or lockup
in a county that does not have a juvenile detention facility if the minor is:

����
(1)
�
Separated
by sight and sound from adult inmates; and

����
(2)
�
Held
no longer than is necessary to be transported to court or the nearest juvenile
detention facility.

����
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 temporary secure custody
pursuant to this subsection.
�
Only
cellblocks and centers certified under this subsection shall be authorized to
temporarily hold juveniles pursuant to this subsection.
�
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 this subsection.

����
(m)
�

Any costs associated with the detention, placement, or care 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 section 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
]
the

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 for the detention, placement, or care
of the minor pursuant to this section from a person adjudicated under section
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
]
place
the child [
to
]
on

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; 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
]

shall
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
]
;
provided
that the individual,
agency, or
institution[
, or agency
]
may file with the court a petition for renewal of the order and the court may
renew the order if [
it
]
the court
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
]
the court
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;
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
]
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[
.
]
;

���
(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; and

���
(15)
�
When entering
its order, the court shall consider the welfare of the child and whether the
child would benefit from participation in programs employing aina-based
principles where a child and the child's parents or guardian can deepen their
relationships with their culture, communities, and the natural environment.
"

����
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
]

the
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 person adjudicated
under section 571-11(1) or (2), 571-13, 571-22, or 571-41(f), or the person's
parent or guardian, 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
]
the
nongovernmental agency
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
]
the
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[
,
]
;
provided that
the fees provided by law [
to
]
shall
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,
and
587A,
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 section
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[
,
]

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[
;
]

or 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.
]
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
]
that 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
.
�
Section
601-17.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�601-17.5
�
Collection of
delinquent court-ordered payments.
�
[
The
]

With the exception of juvenile monetary assessments, the
judiciary may
contract with a collection agency bonded under chapter 443B or with a licensed
attorney to collect any delinquent court-ordered penalties, fines, restitution,
sanctions, and court costs[
, including juvenile monetary assessments
].
�
Any fees or costs associated with the
collection efforts shall be added to the amount due and retained by the
collection agency as its payment; provided that no fees or costs shall exceed
fifty per cent of the amount collected."

PART VII

����
SECTION 32.
�
(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 section 571-11(1) or (2),
571-13, 571-22, or 571-41(f), Hawaii Revised Statutes, shall be void and not
collectible, 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 VIII

����
SECTION 33.
�
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 34.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 35.
�
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 of this Act, respectively, 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; Fees; Fines; Court Costs; 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.
�
Encourages the use of community service and
other programs that employ aina-based principles.
�
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.