Bill Text: HI HB1459 | 2022 | Regular Session | Amended

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Bill Title: Relating To Juvenile Restitution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-04-20 - Received notice of Senate conferees (Sen. Com. No. 883). [HB1459 Detail]

Download: Hawaii-2022-HB1459-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1459
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

 

 

RELATING TO JUVENILE RESTITUTION.

 

 

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

 

     SECTION 1.  Section 571-48, Hawaii Revised Statutes, is amended to read as follows:

     "§571-48  Decree, if informal adjustment or diversion to a private or community agency or program has not been effected.  When a child is found by the court to come within section 571‑11, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over the child.  Upon the decree the court, by order duly entered, shall proceed as follows:

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

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

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

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

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

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

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

             (ii)  In a local public agency or institution;

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

              (iv)  In a private home.

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

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

          (D)  The court may fine the child for a violation which would be theft in the third degree by shoplifting if committed by an adult.  The court may require the child to perform public services in lieu of the fine;

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

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

          (B)  The court may vest legal custody of the child, after prior consultation with the agency or institution, in a local governmental agency or institution licensed or approved by the State to care for children, with the exception of an institution authorized by the court to care for children.  If legal custody of the child is vested in a private agency or institution in another state, the court shall select one that is approved by the family or juvenile court of the other state or by that state's department of social services or other appropriate department; provided that the child may not be committed to a public or private institution operated solely for the treatment of law violators;

     (3)  An order vesting legal custody of a minor in an individual, agency, or institution under section 571‑11(2) shall be for an indeterminate period but shall not remain in force or effect beyond three years from the date entered, except that the individual, institution, or agency may file with the court a petition for renewal of the order and the court may renew the order if it finds such renewal necessary to safeguard the welfare of the child or the public interest.  The court, after notice to the parties, may conduct a hearing on the petition.  Renewal may be periodic during minority, but no order shall have any force or effect beyond the period authorized by section 571-13.  An agency granted legal custody shall be subject to prior approval of the court in any case in which the child is to reside without the territorial jurisdiction of the court and may be subject to prior approval in other cases.  An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by the court;

     (4)  Whenever the court commits a child to the care of the director of human services or executive director of the office of youth services, or vests legal custody of a child in an institution or agency, it shall transmit with the order copies of the clinical reports, social study, results of the risk and needs assessment conducted by the court, and other information pertinent to the care and treatment of the child, and the institution or agency shall give to the court any information concerning the child that the court may at any time require.  An institution or agency receiving a child under this paragraph shall inform the court whenever the status of the child is affected through temporary or permanent release, discharge, or transfer to other custody.  An institution to which a child is committed under section 571-11(1) or (2) shall not transfer custody of the child to an institution for the correction of adult offenders, except as authorized in this chapter and under chapter 352;

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

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

     (7)  In support of any order or decree under section 571‑11(1) or (2), the court may require the parents or other persons having custody of the child, or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which 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 as defined in section 706‑646(1) who suffers loss as a result of the child's action[, or to render community service];

    (12)  The court may order any person adjudicated pursuant to section [571-11(2)] 571-11(1) or (2) to participate in community service; and

    (13)  The court may order the parents of an adjudicated child to make restitution of money or services to any victim[,] as defined in section 706-646(1), person, or party who has incurred a loss or damages as a result of the child's action.

    (14)  When the court terminates jurisdiction, any outstanding restitution orders, including any orders made against the parents of an adjudicated child, shall be converted to an independent order or judgment and a certified copy shall be given to the victim to allow the victim to seek enforcement in proceedings provided by law for judgments."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

Report Title:

Honolulu Prosecuting Attorney's Office Package; Juvenile Restitution

 

Description:

Requires existing victim restitution orders in certain juvenile cases to be converted to independent orders at the time the court terminates jurisdiction.  Clarifies the definition of "victim" for purposes of victim restitution in these cases.  (SD1)

 

 

 

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