Delinquency Services Summary
Combination State: Delinquency services are organized at the state level in Hawaii. However, responsibility is divided between the judicial and executive branches. Family Courts are responsible for secure detention, delinquency intake, predisposition investigation, and probation supervision. The Office of Youth Services, within the Department of Human Services, administers commitment programs and aftercare

Court(s) with Delinquency Jurisdiction
Family Court Divisions of the Circuit Courts (First, Second, Third, and Fifth Circuits) exercise jurisdiction over delinquency proceedings and are general jurisdiction trial courts. The judicial districts are made up of four circuits, representing the four major islands. The First Circuit is the largest and serves Honolulu. For more information, visit the Hawaii State Judiciary web site.

Highlights

Juvenile Drug Courts
Juvenile Drug Courts were started in the First Circuit Court in 2001 and in the Third Circuit Court in 2005. The focus of these courts is on providing intensive supervision and comprehensive treatment services for youth and their families. Involvement in the drug courts usually lasts a minimum of 8 months. The drug courts use a model of rapid intervention, immediate access to treatment, judicial leadership, frequent and direct contact with the drug court judge, and graduated sanctions and incentives.

Girls Court
The Family Court of the First Circuit began a court for juvenile girls in 2004. The focus of the court is gender-specific programming to address the special needs of adolescent girls in the judicial system. The girls and their parents/guardians attend court proceedings once every five weeks. Following their appearance in court, parents/guardians attend a parent education and support group. The girls meet separately to focus on issues such as teen pregnancy prevention, domestic violence prevention and intervention, healing from trauma, substance abuse, and setting positive and healthy goals. The girls receive intensive supervision and participate in workshops and activities. Completion of the program is determined on a case-by-case basis and is based on personal growth and achievement of individual goals.

Settlement Reached with U.S. Department of Justice
In February 2006, the State of Hawaii reached a settlement agreement with the federal government over civil rights violations at the Hawaii Youth Correctional Facility (HYCF) operated by the Hawaii Department of Human Services. The violations included instances of failing to protect youth from self-harm, excessive violence, excessive disciplinary isolation, an inadequate grievance system, and inadequate access to medical, mental health, and special education services. Under the three-year agreement, the state is required to implement reforms to address and correct these violations. For more information, read the U.S. Department of Justice’s press release.

Detention
The Family Court of the First Circuit, Detention Services Branch, administers the only secure detention facility in the state for youth. Youth from other judicial circuits are transported to this detention facility. A portion of funding for secure detention services is provided as a line item in the state court budget and a portion is contained in the general fund for running the state court. Non-secure detention options include shelters, foster homes, and residential group homes.

Detention is used to hold juveniles as necessary and appropriate, prior to the filing of a petition and prior to adjudication and disposition. By statute, juveniles can be held in detention for the safety of the juvenile or community. After being detained, a juvenile must be released within 24 hours (excluding weekends and holidays) unless an order of detainment exists. The secure facility is also used to hold juveniles pending placement in treatment programs. Juveniles can be sentenced to detention for an indeterminate period of time (family judges determine duration on a case by case basis). Detention may also be used as a sanction for probation violations.

A police officer or probation officer can take a juvenile directly to the detention center if he or she determines that the juvenile requires detention by considering the juvenile's welfare and the protection of the community. By statute, before the juvenile is accepted for detention, an authorized staff member of the detention center or officer of the court makes a prompt inquiry into the case and decides whether to release or detain the juvenile. The youth may then be admitted to detention, and the case becomes the responsibility of the appropriate Family Court branch/unit. This unit assesses the charge (type of offense, actual charge, and severity of offense) and whether the youth is a flight risk and makes recommendations regarding continued detention to the court at the detention hearing. If the youth is already on probation, the assigned probation officer will assess the youth's response to probation, severity of the charge, and frequency of violations and make a recommendation regarding continued detention at the detention hearing.

Delinquency Intake Screening
Law enforcement initiates complaints regarding juvenile offenses, which are then forwarded to the Office of the Prosecuting Attorney to determine the charge's legal sufficiency, and then to the Family Court. The Law Violations unit of the Family Courts receive delinquency referrals. Depending on the circuit, intake units may come under an Intake Branch (law violation intake unit and person in need of supervision intake unit), a Services Branch (intake section and probation services section), or a stand-alone intake unit. The general process of filing a petition is through the intake/supervision probation officer assigned to the case.

Diversion
Juveniles who are first-time offenders or are charged with misdemeanors may be eligible for diversion projects or informal adjustment at the Family Court. Hawaii Revised Statutes section 571-31.4 addresses diversion from court or informal adjustment, with Hawaii Family Court Rule 124 providing detail concerning detention procedures. The statutes and court rules give the family court officer the authority to determine whether informal adjustment is suitable for a youth and place a three month duration on informal adjustment without review by a judge.

Prosecutors and police are all involved in making decisions regarding diversion from formal court proceedings, particularly since police are often involved in operating diversion programs.

Court diversion options include restitution, community service, educational programs, or other diversion programs. Other community-based diversion programs may be available through community resources.

The Department of Human Services, Office of Youth Services (OYS) and the Juvenile Justice State Advisory Council (JJSAC) established Adolescent Diversion Services (also known as Ho'okala) in 1993. This is a statewide diversion program that diverts non-violent juvenile offenders and status offenders from being locked up in adult facilities at the time of their arrest. The program provides 24-hour crisis intervention and assessment services for juveniles, as well as referral and case management services. The program also helps youth access appropriate services. Ho'okala is provided through contracts with four agencies in Hawaii, Kauai, Maui, and Oahu.

Police departments also operate diversion programs, and various non-profit agencies offer services for diversion. For example, the Honolulu Police Department runs an Evening Counseling Program for first-time offenders, which provides counseling for juveniles and their families in the evenings (after 6 p.m.), and the Akamai Program, which meets on Saturday mornings and provides opportunities for skill building as well as an overview of community resources available to the families.

Predisposition Investigation
Court officers develop the case for adjudication and disposition for referred youth. One unit handles youth who committed status offenses and the other handles youth who committed criminal violations. The Family Court's intake and supervision units have their own distinct needs assessment instrument for preparing disposition recommendations. Each circuit regulates the use of the needs assessment.

Victim Rights and Services
The Hawaii Bill of Rights for Victims and Witnesses specifically extends rights to the victims of juvenile violence, including a right to:

• receive information from the police and the prosecuting attorney concerning the disposition of the case and any efforts to plea bargain
• have a secure waiting area at court
• receive information from the Department of Public Safety concerning release decisions
• attend all court hearings
• receive restitution and information concerning the HIV status of a convicted or adjudicated offender
• expect that all public agencies involved in the case cooperate to ensure that crime victims receive all rights and services under the Victim Bill of Rights.

The Hawaii Judiciary provides victim assistance services through Adult Client Victim Services, which also serves victims of juvenile crime.

The Hawaii Attorney General provides information to victims through its Crime Prevention and Justice Assistance Division, including detailed justice system flow diagrams for juvenile procedures.

The Hawaii Crime Victims Compensation Commission operates the state's crime victim compensation program.

Probation Supervision
Juvenile probation services are organized under each circuit's Family Court. Each circuit is responsible for their juvenile probation staff. The Judiciary Branch of the state government funds probation services. The balanced approach/restorative justice gives form to juvenile probation services in Hawaii.

The Family Courts set the terms and conditions of probation. The supervision branch/units administer probation supervision and services to juvenile offenders. The Hawaii Revised Statutes govern the authority for probation supervision and services. Juvenile probation officers generally have only juveniles on their caseloads, and may supervise those over 18 (to age 19) if the court extends jurisdiction. The average caseload of juvenile probation officers is 40 cases. No caseload standard or cap exists.

Juvenile probation officers work out of a central office in all circuits. All circuit branches/units either have their own specialized probation services unit or specific probation officers who provide services and work collaboratively with various agencies providing the specialized support services.

There is no state mandated risk/needs assessment instrument used to determine levels of probation supervision. Probation officers in all circuits develop individualized supervision plans in addition to the conditions of probation set forth by the court. All circuits use their own instrument when preparing the supervision plan.

There are no statewide standards that govern probation practice in Hawaii.

An outside evaluator has not assessed statewide juvenile probation services and automated information is currently not available concerning overall outcomes for youth.

Juvenile Probation Officer Qualifications, Certification, and Training
The minimum education and experience requirements for the position of a juvenile probation officer are a bachelor's degree and work experience. Currently, probation officers are not professionally certified in the state. Supervisors conduct initial and ongoing in-service training for juvenile probation officers. Workshops and conferences are used for training and enhancement of probation officer skills.

Juvenile Corrections Continuum
The Department of Human Services, Office of Youth Services (DHS/OYS), administers juvenile corrections in Hawaii. The Office of Youth Services provides a continuum of services for youth that ranges from prevention programs (such as Youth Service Centers) to secure custody at the Hawaii Youth Correctional Facility (HYCF). The Hawaii Youth Correctional Facility is funded under a line item in the DHS budget for youth prevention, delinquency corrections services. Under this item, DHS/OYS operates a 30-bed secure facility for the most dangerous or serious juvenile offenders and a cottage for juveniles committed for less serious offenses.

The 2004 DHS Fiscal Audit Report provides helpful information for understanding the funding of DHS/OYS prevention, delinquency, and corrections services.

Commitment to State
Dispositions in Hawaii are indeterminate. The Family Court judge decides where to place committed juveniles, either in the Hawaii Youth Correctional Facility (HYCF) or in community-based residential placements (provided by the Office of Youth Services through purchase of service contracts throughout the state). The Community Services Section of the HYCF coordinates the placement of juveniles in educational, vocational, and work release programs and residential placement. The Youth Level of Service/Case Management Inventory is used to identify juveniles' service needs and to measure their risk of recidivism.

There are two types of commitment-–short-term and minority. Short-term commitments involve dispositions of up to one year, after which the juvenile is usually released to probation supervision. Minority commitments are indeterminate dispositions in which the judge may select the upper age (18, 19, or 20) at which the juvenile may be release through the parole process.

Family court probation officers may continue to supervise youth while they are in placements in cases that a family judge has decided to retain jurisdiction and continue probation. When the court terminates jurisdiction upon a commitment, probation does not provide placement supervision.

Blended Sentencing
Hawaii does not have blended sentencing provisions.

Direct Placement
The court can directly place adjudicated juveniles in local or private placements without commitment to the state. Probation offices of the family court continue supervising youth in these placements if the court orders probation over the duration of the placement.

Family court judges determine the release of youth from direct placements, either in court orders or review hearings. The Department of Human Services, Office of Youth Services is responsible for aftercare of youth who are placed in secure residential facilities, including direct placements. Otherwise, probation may extend beyond the placement period for the purpose of community reentry.

Release
There is no juvenile parole authority or board in Hawaii. The Office of Youth Services director makes the release decision. Juveniles can remain in Hawaii Youth Correctional Facility custody until age 19. By statute, release may occur if there is reasonable probability that the youth will not further violate the law and if his or her release is not incompatible with the welfare and safety of the community. The director of the Office of Youth Services is required to give 30-days notice to the court and prosecutor's office of the pending release of a juvenile. Prior court approval of a release is only necessary when the commitment order specifically requires the court's approval of the release.

If the commitment is a minority commitment, the judge sets the upper age (18, 19, or 20) at which the juvenile may be released to parole. The judge may state in the order that the court must grant permission before the juvenile is placed in the community on parole.

Aftercare/Re-entry
Aftercare (called parole in Hawaii) is the responsibility of Juvenile Parole under the supervision of the Office of Youth Services. Juvenile parole officers supervise youth on parole.

The Office of Youth Services oversees non-residential and in-community programs for youth in transition from commitment in the Hawaii Youth Correctional Facility to the community. Services provided by these programs include assessment, counseling, intensive supervision, drug/alcohol abuse education, and independent living services.

State Laws

Legal Resources
Hawaii's Juvenile Code resides in sections 571-1 to 571-88 of Title 31, Family

Hawaii Family Court Rules (Juvenile Court Proceedings are found in Part D)

Hawaii State Bar Association

Purpose Clauses
To read Hawaii's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: until full term of dispositional order

Juvenile Transfer Laws
For information on Hawaii's juvenile transfer laws, click here.

Juvenile Justice Leadership

Juvenile Justice State Advisory Council
Juvenile Justice State Advisory Council (JJSAC) is the state advisory group charged with administering funds received through the federal Juvenile Justice Delinquency Prevention Act and monitoring compliance with the mandates of the Act. The group also works with the Office of Youth Services, the Governor, and the legislature on juvenile justice issues and initiatives. Members of JJSAC are appointed by the Governor and represent public, private, business and youth serving agencies from each of the islands.

Hawai’i Juvenile Justice Project
Created in 2004, the Juvenile Justice Project is a network of advocacy agencies, community groups, and public agencies working to improve the state’s juvenile justice system. The American Civil Liberties Union provides one of the co-chairs for the project. The other co-chair is a representative of a key service provider in the state, Maui Youth and Family Services.

Native Hawaiian Mental Health Research and Development Program
The Native Hawaiian Mental Health Research and Development Program (NHMHRDP) supports projects to study the mental health concerns of youth in the juvenile justice system. The project is currently studying the needs of youth committed to the Director of the Hawaii Youth Correctional Facility (HYCF).

Resources/Contacts
Hawai’i Juvenile Justice Project
Hawaii State Bar Association
Hawaii State Department of the Attorney General, Crime Prevention and Justice Assistance Division, Research and Statistics Branch (Statistical Analysis Center)
Hawaii State Judiciary
Native Hawaiian Mental Health Research and Development Program

William Santos
Chief Court Administrator
777 Punchbowl Street
Honolulu, HI 96813
Phone: (808) 539-4400

Ed Chargualaf
Juvenile Justice Specialist
Department of Human Services, Office of Youth Services
820 Mililani Street #817
Honolulu, HI 96813
Phone: (808) 587-5732
Fax: (808) 587-5734

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Hawaii." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.