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HB60
HOUSE OF REPRESENTATIVES
H.B. NO.
60
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to juvenile justice
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that too many children
are involved with the State's criminal justice system.
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Between October 2020 and December 2020, four
hundred fifty-six youth were arrested in the State.
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Eighty-five of the arrested youth were
thirteen years of age or younger.
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The
legislature recognizes that such early involvement with the criminal justice
system can have long-term consequences, including educational, professional,
and financial consequences, that are difficult for young people to escape.
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The
legislature also finds that Native Hawaiians, Pacific Islanders, and other
people of color are overrepresented in the State's juvenile justice
system.
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In 2022, Native Hawaiian and
Pacific Islander youth comprised forty-eight per cent of the youth who were
arrested and sixty-three per cent of those who were placed in a detention
facility.
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Intergenerational trauma,
cultural disconnection, homelessness, and other factors can drive and
contribute to juvenile offending.
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The
legislature believes that addressing these factors requires a team- and
community-based approach that addresses the underlying causes of juvenile
crime.
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The legislature recognizes that the
State has an existing system of collaborative management programs, including
government- and privately-operated programs, to assist at-risk and
court-involved youth.
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However, the arrest
data for youth under the age of eighteen, especially Native Hawaiian and
Pacific Islander youth, suggests that there are still unmet needs.
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Accordingly, the purpose of this Act
is to require the department of human services' office of youth services to develop
and implement a program, taking into account existing support programs,
available data, and stakeholder input, to provide individualized service and
support teams to assist at‑risk or court-involved youth.
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SECTION 2.
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Chapter 352D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�352D-
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Individualized service and support teams.
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(a)
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The office of youth services shall develop a program to provide an
individualized service and support team to assist each at‑risk or
court-involved youth who chooses to participate and is referred to the program
by a:
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(1)
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Law enforcement
agency;
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(2)
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Prosecutor's
office;
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(3)
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School;
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(4)
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Family resource
center;
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(5)
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Child advocacy
center; or
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(6)
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Government agency.
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(b)
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The program's goal shall be to provide
culturally responsive, community-based assessments, services, and referrals to
address the factors that contribute to juvenile crimes.
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(c)
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In developing the program, the office of
youth services shall consider:
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(1)
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Programs and
services currently offered to at-risk and court-involved youth in Hawaii by federal,
state, and county agencies; contracted providers; and private organizations,
including programs and services provided by youth services centers established
pursuant to sections 352D-7 and 352D-7.5;
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(2)
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Input from:
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(A)
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Community-based
organizations that work with at‑risk and court-involved youth, including organizations
that focus on Native Hawaiian and Pacific Islander youth;
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(B)
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Homeless
service providers;
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(C)
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Educators
and schools; and
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(D)
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Any
other stakeholders identified by the office; and
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(3)
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Data provided by
the juvenile justice information system.
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(d)
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To the extent possible, the office shall avoid
duplicating the efforts of the programs considered pursuant to subsection
(c)(1) but shall identify and address any unmet needs and gaps in services.
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(e)
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The office shall pursue any available grants,
including private and government grants, to help fund the development of the
program.
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(f)
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The department of human services shall adopt
rules pursuant to chapter 91, including rules governing data sharing and data
privacy, as necessary for the development of the program.
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(g)
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The executive director shall include any
findings and recommendations regarding the program, including any proposed
legislation, in the annual report submitted to the legislature pursuant to section
352D-4.
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SECTION
3
.
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Section 352D-4,
Hawaii Revised Statutes, is amended to read as follows:
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"
�352D-4
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Establishment; purpose.
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There is established within the department of
human services for administrative purposes only the office of youth
services.
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The office of youth services
is established to provide services and programs for youth at risk under one
umbrella agency in order to facilitate optimum service delivery, to prevent
delinquency, and to reduce the incidence of recidivism among juveniles through
the provision of prevention, rehabilitation, and treatment services.
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The office shall also be responsible for
program planning and development, intake/assessment, oversight, as well as
consultation, technical assistance, and staff training relating to the delivery
of services.
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The office shall provide a continuum
of services as follows:
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(1)
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An integrated
intake/assessment and case management system;
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(2)
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The necessary
educational, vocational, social counseling and mental health services; provided
that the department of education shall be the only provider of standards-based
education services for all youth at risk and young adults identified with
special education needs or actively receiving special education services, in
accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) and all applicable federal and state educational requirements;
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(3)
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Community-based
shelter and residential facilities;
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(4)
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Oversight of youth
services; [
and
]
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(5)
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Individualized
service and support teams pursuant to section 352D-
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; and
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[
(5)
]
(6)
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Other programs that encourage the
development of positive self-images and useful skills in youth.
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The executive director of the office
of youth services shall submit annual reports to the legislature no later than
twenty days prior to the convening of each regular session, reporting the
services or programs funded pursuant to this section, the number of youth
served by each service or program, and the results of the services or programs
funded.
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To this end, on July 1, 1991, this
office shall assume the responsibilities for juvenile corrections functions,
which were temporarily placed in the department of corrections pursuant to Act
338, Session Laws of Hawaii 1987.
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These
functions shall include but not be limited to all responsibilities, under
chapter 352, for the Hawaii youth correctional facilities."
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SECTION 4.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $
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or so much thereof as may be
necessary for fiscal year 2025-2026 and the same sum or so much thereof as may
be necessary for fiscal year 2026-2027 for the office of youth services to
develop and implement a program offering individualized service and support
teams to assist at-risk and court-involved youth.
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The sums
appropriated shall be expended by the department of human services
for the purposes of this Act.
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SECTION 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval;
provided that section 4 of this Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
DHS;
Office of Youth Services; Juvenile Justice; Appropriation
Description:
Requires
and appropriates moneys for the Department of Human Services' Office of Youth
Services to develop and implement a program offering individualized service and
support teams to assist at-risk and court-involved youth.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.