Bill Text: HI SB2323 | 2024 | Regular Session | Amended

Hawaii Senate Bill 2323

Bill Title: Relating To Youth Fees And Fines.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2024-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2323 Detail]

Download: Hawaii-2024-SB2323-Amended.html

THE SENATE	S.B. NO.	2323
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO YOUTH FEES AND FINES.

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

PART I

SECTION 1. The legislature finds that charging fees, fines, and court costs to youth is harmful to young people and their families. In Hawaii, the consequences of these costs fall disproportionately on Native Hawaiian, Pacific Islander, and Black youth, who are more likely to be arrested, detained, and unable to afford fees and fines. The legislature also finds that, although existing law authorizes courts to charge youth and their families a range of fees and fines, judges across the state rarely impose these costs in practice.

The legislature recognizes that assessing fines in juvenile justice proceedings is not an evidence-based practice for rehabilitating, deterring, or even punishing delinquent youth. Parents may be forced to choose between paying court costs or meeting basic needs. The economic burdens placed on juveniles and their families can undermine public safety by leading to recidivism and escalating crime. Additionally, jurisdictions in the mainland that charge fines and fees to minors often spend more money trying to collect those outstanding debts than they receive in revenue.

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

Accordingly, the purpose of this Act is to:

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

(2) Limit court-ordered community service for a minor to not more than seventy-two hours; and

(3) Repeal the statewide curfew for minors.

PART II

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

1. By amending subsection (a) to read:

"(a) Except as provided in [~~subsection~~] subsections (b)[,] and (c), any person who violates section 286-102, 286-122, 286‑130, 286-131, 286-132, 286-133, or 286-134 shall be fined [no] not more than $1,000 or imprisoned [no] not more than thirty days, or both. Any person who violates any other section in this part shall be fined [no] not more than $1,000."

2. By amending subsection (c) to read:

"(c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen years 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.~~] years; 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 years, or against the person's parent or guardian for the person's offense."

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

"§286G-3 Driver education assessments. (a) [A] Except as provided in subsection (e), a driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for[:] offenses:

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

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

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

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

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

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

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

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

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

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

(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 be deposited into the neurotrauma special fund.

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

(f) No financial penalty provided for in this section shall be levied against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, 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 be deposited into the neurotrauma special fund.

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

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 be deposited into the neurotrauma special fund.

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

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

"(c) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, [~~which~~] that shall be deposited into the trauma system special fund[.]; provided that no financial penalty provided for in this section shall be levied against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, 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, 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, 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 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 years, 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 (d), in addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge[,]; provided that[:] the maximum of which may be:

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

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

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

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

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

(2) Against a person who is adjudicated for an offense committed while the person was a minor under the age of eighteen years, 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 years 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 years and having consumed a measurable amount of alcohol, or section 291E-61 or 291E-61.5, as a result of having consumed alcohol, then the person shall elect to take a breath or blood test, or both, for the purpose of determining the alcohol concentration.

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

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

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

(g) [~~Any~~] Except as provided for 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 years 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 years, 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] not less than one year and [no] not more than eighteen months;

(D) Any one or more of the following:

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

(ii) [No] Not less than forty-eight hours and [no] not more than five days of imprisonment; or

(iii) A fine of [no] not less than $250 and [no] not more than $1,000;

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

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

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

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

(B) Revocation of license to operate a vehicle for [no] not less than two years and [no] not more than three years;

(D) Either one of the following:

(i) [No] Not less than two hundred forty hours of community service work; or

(ii) [No] Not less than five days and [no] not more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(E) A fine of [no] not less than $1,000 and [no] not 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] not 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] not 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] not 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;

(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[:] sworn statements from:

(1) [~~A sworn statement from the~~] The defendant containing facts establishing that the defendant currently is employed in a position that requires driving and that the defendant will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device; and

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

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

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

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

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

(g) Notwithstanding any other law to the contrary, any:

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

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

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

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

(h) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor deemed appropriate by the court, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. [~~All~~] Except as provided in subsection (l), all costs for assessment and treatment shall be borne by the offender.

(i) Upon proof that the defendant has:

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

(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or section 431:10C-105, the court shall issue an ignition interlock permit that will allow the defendant to drive a vehicle equipped with an ignition interlock device during the revocation period.

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

(k) [~~Any~~] Except as provided in subsection (l), any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device required by subsection (b) shall be at the defendant's own expense.

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

(1) The court shall not order any financial penalties, surcharges, or reimbursements against the person or the person's parent or guardian for the minor's offense; and

(2) Any sentence of community service shall be limited to not more than seventy-two hours and shall not interfere with the person's school or work commitments.

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

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

"§291E-61.5 Habitually operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:

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

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

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

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

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

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

(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] not less than three years but [no] not 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] Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

(C) A fine of [no] not less than $2,000 but [no] not 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] Not less than eighteen months imprisonment;

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

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

(e) Whenever a court sentences a person under this section, it shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. [~~All~~] Except as provided in subsection (h), all costs for assessment and treatment shall be borne by the offender.

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

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

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

[~~(h)~~] (i) As used in this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"§291E-64 Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one. (a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one years 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 years, the person's parent or guardian attend an alcohol abuse education and counseling program for not 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 more than thirty-six hours of community service work; or

(ii) A fine of not less than $150 but not 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 more than fifty hours of community service work; or

(ii) A fine of not less than $300 but not 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 more than one hundred hours of community service work; or

(ii) A fine of not less than $300 but not more than $1,000.

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

(d) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the person's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. [~~All~~] Except as provided in subsection (j), all costs for assessment and treatment shall be borne by the person [~~or by the person's parent or guardian, if the person is under the age of eighteen~~].

(e) Notwithstanding section 831‑3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1), who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one[,] years, 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.

(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 years:

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

(2) Any sentence of community service shall be limited to not more than seventy-two hours and shall not interfere with the person's school or work commitments.

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

PART III

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

"§302A-1153 Vandalism damage to public school property. (a) Any pupil found to be responsible for an act of vandalism against any public school, building, facility, or ground [~~shall make restitution in any manner, including monetary restitution by the pupil or pupil's parents, or guardian, or both.~~] may be required to perform community service to repair any damage caused.

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

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

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

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

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

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

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

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

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

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

PART IV

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

"§351-62.6 Compensation fee. (a) [~~The~~] Except as provided in subsection (d), the court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

(1) Not 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.

(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 years, 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 years, or against the person's parent or guardian for that person's violation."

PART V

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

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

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

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

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

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

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

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

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

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

(9) Placement with nonsecure or secure shelter facilities;

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

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

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

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

"§571-32 Detention; shelter; release; notice. (a) If a minor who is believed to come within section 571-11(1) is not released as provided in section 571-31 and is not deemed suitable for diversion, then the minor shall be taken without unnecessary delay to the court or to the place of detention or shelter designated by the court. If a minor who is believed to come within section 571-11(2) is not released as provided in section 571-31, and is not deemed suitable for diversion, then the minor shall be taken without unnecessary delay to the court or to the place of shelter designated by the court. If the court determines that the minor requires care away from the minor's own home but does not require secure physical restriction, the minor shall be given temporary care in any available nonsecure minor caring institution, foster family home, or other shelter facility.

(b) The officer or other person who brings a minor to a detention or shelter facility shall give notice to the court at once, stating the legal basis therefor and the reason why the minor was not released to the minor's parents. If the facility to which the minor is taken is not an agency of the court, the person in charge of the facility in which the minor is placed shall promptly give notice to the court that the minor is in that person's custody. Before acceptance of the minor for detention or shelter care, a prompt inquiry shall be made by a duly authorized staff member of the detention or shelter facility or officer of the court. Where it is deemed in the best interests of the minor, the judge, officer, staff member, or director of detention services may then order the minor to be released, if possible, to the care of the minor's parent, guardian, legal custodian, or other responsible adult, or the judge may order the minor held in the facility subject to further order or placed in some other appropriate facility.

(c) As soon as a minor is detained, the minor's parents, guardian, or legal custodian shall be informed, by personal contact or by notice in writing on forms prescribed by the court, that they may have a prompt hearing held by a circuit judge or district family judge regarding release or detention. A minor may be released on the order of the judge with or without a hearing. The director of detention services may order the release of the minor if an order of detention has not been made.

(d) No minor shall be held in a detention facility for juveniles or shelter longer than twenty-four hours, excluding weekends and holidays, unless a petition or motion for revocation of probation, or motion for revocation of protective supervision has been filed, or unless the judge orders otherwise after a court hearing. No ex parte motions shall be considered. For the purposes of this section:

(1) Unless a court finds, after a hearing and in writing, that it is in the interest of justice as provided for in subsection (g)(2), a minor believed to come within section 571-11(1), or a minor awaiting trial or another legal process, who is treated as an adult for purposes of prosecution in criminal court and housed in a secure facility shall not:

(A) Have sight or sound contact with adult inmates; or

(B) Be held in any jail or lockup for adults,

except as provided in subsection (g)(3); and

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

(A) [~~A minor accused of a non-status offense who is held~~] Held for a period not to exceed six hours; provided that the minor is being held:

(i) For processing or release;

(ii) While awaiting transfer to a juvenile facility; or

(iii) For a court appearance that occurs within the period of detention; or

(B) [~~A minor accused of a non-status offense who is awaiting~~] Awaiting an initial court appearance that will occur within forty-eight hours of the minor being taken into custody, excluding weekends and holidays, and where the jail or lockup for adults is in a location:

(i) Outside a metropolitan statistical area, as defined by the Office of Management and Budget, and no acceptable alternative placement is available;

(ii) Where the distance to be traveled or the lack of highway, road, or transportation does not allow for court appearances within forty-eight hours, excluding weekends and holidays, such that a brief delay of [no] not more than an additional forty-eight hours is excusable; or

(iii) Where safety concerns exist, such as severe and life-threatening weather conditions that do not allow for reasonably safe travel, in which case the time for an appearance may be delayed until twenty-four hours after the time that conditions allow for reasonably safe travel;

provided that the minor shall not have sight or sound contact with adult inmates; provided further that the State shall have a policy in effect that requires individuals who work with both minor and adult inmates in collocated facilities to be trained and certified to work with juveniles.

(e) No minor may be held after the filing of a petition or motion, as specified in subsection (d), unless an order for continued detention or shelter has been made by a judge after a court hearing. If there is probable cause to believe that the minor comes within section 571-11(1), the minor may be securely detained, following a court hearing, in a detention facility for juveniles or may be held in a shelter. If there is probable cause to believe that the minor comes within section 281-101.5 or 571-11(2), the minor may be held, following a court hearing, in a shelter but shall not be securely detained in a detention facility for juveniles for longer than twenty-four hours, excluding weekends and holidays, unless the minor is subject to the provisions of chapter 582, Interstate Compact on Juveniles, or chapter 582D, Interstate Compact for Juveniles, or is allegedly in or has already been adjudicated for a violation of a valid court order, as provided under the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

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

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

(1) Where a minor transferred for criminal proceedings pursuant to a waiver of family court jurisdiction is detained, the minor shall not:

(A) Have sight or sound contact with adult inmates; or

(B) Be held in any jail or lockup for adults,

unless a court finds, after a hearing and in writing, that it is in the interest of justice;

(2) In determining whether it is in the interest of justice to permit a minor to be held in any jail or lockup for adults, or to have sight or sound contact with adult inmates, a court shall consider:

(A) The age of the minor;

(B) The physical and mental maturity of the minor;

(D) The nature and circumstances of the alleged offense;

(E) The minor's history of prior delinquent acts;

(F) The relative ability of the available adult and juvenile detention facilities to meet the specific needs of the minor and protect the safety of the public as well as other detained minors; and

(G) Any other relevant factor; and

(3) If a court determines that it is in the interest of justice to permit a minor to be held in any jail or lockup for adults, or to have sight or sound contact with adult inmates:

(A) The court shall hold a hearing no less frequently than once every thirty days, or in the case of a rural jurisdiction, no less frequently than once every forty-five days, to review whether it remains in the interest of justice to permit the minor to be held in a jail or lockup for adults or to have sight or sound contact with adult inmates; and

(B) The minor shall not be held in any jail or lockup for adults, or permitted to have sight or sound contact with adult inmates, for more than one hundred eighty days, unless the court, in writing, determines there is good cause for an extension, or the minor expressly waives this limitation.

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

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

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

(B) The minor is an imminent escape risk;

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

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

(4) If a minor is placed in room confinement, the following individuals shall be notified on the next business day and provided the reasons for the room confinement as well as the location and duration of the confinement:

(A) The senior judge of the family court;

(B) The presiding judge who ordered the minor to be held at the facility;

(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] not more than three hours unless the minor is a danger to themselves or another, or the on-call judge grants an extension of [no] not 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;

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

(E) The incidence of mental illness.

For the purposes of this subsection:

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

"Room confinement" means the placement of a minor in a room, cell, or area with minimal or no contact with persons other than court staff and attorneys. "Room confinement" does not include confinement of a minor in a single-person room or cell for brief periods of locked room time as necessary for required institutional operations and does not include confinement during sleep hours.

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

(j) The official in charge of a facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor who is or appears to be under eighteen years of age is received at the facility.

(k) [~~Any other provision of law to the contrary notwithstanding,~~] Notwithstanding any other law to the contrary, any person otherwise subject to proceedings under chapter 832 and who is under the age of eighteen years may be confined in a detention facility or correctional facility by order of a judge for the purposes set forth in section 832-12, 832-15, or 832-17.

(l) The department of human services through the office of youth services shall certify police station cellblocks and community correctional centers that provide sight and sound separation between minors and adults in secure custody. Only cellblocks and centers certified under this subsection shall be authorized to detain juveniles pursuant to section 571-32(d). The office of youth services may develop sight and sound separation standards, issue certifications, monitor and inspect facilities for compliance, cite facilities for violations, withdraw certifications, and require certified facilities to submit data and information as requested. In addition, the office of youth services may monitor and inspect all cellblocks and centers for compliance with section 571-32(d).

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

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 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 the child to probation status under paragraph (1)(A); or

(D) [~~The court may fine the child for~~] For a violation [~~which~~] that would be theft in the third degree by shoplifting if committed by an adult[~~. The~~], the court may require the child to perform [~~public services in lieu of the fine;~~] community service of not more than seventy-two hours; provided that the community service shall not interfere with the child's school or work commitments. The court shall not impose a fine on the child or the child's parent or guardian;

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

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

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

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

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

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

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

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

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

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

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

(11) The court may order any person adjudicated pursuant to section 571-11(1) to make restitution of money or services to any victim who suffers loss as a result of the child's action, or to render community service[;] of not more than seventy-two hours; provided that the community service shall not interfere with the child's school or work commitments;

(12) The court may order any person adjudicated pursuant to section 571-11(2) to participate in community service[~~; and~~] of not more than seventy-two hours; provided that the community service shall not interfere with the child's school or work commitments;

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

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

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

"§571-51 Support of minor committed for study or care. Whenever legal custody of a minor is given by the court to someone other than the minor's parents, or when a minor is given medical, psychological, or psychiatric study or treatment under order of the court, and no provision is otherwise made by law for the support of the minor or for payment for [~~such~~] 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 parent or guardian of a person adjudicated under section 571-11(1) or (2), 571-13, 571‑22, or 571-41(f) to pay for the person's support and treatment; provided that the court may order the person'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 person's parent or guardian shall be responsible for all copayments required by the insurer.

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

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

"§571-83 Court fees, fines, and administrative costs; witness fees. (a) In proceedings under section 571-11(1), (2), or (9), no [~~court~~] fees, fines, or administrative costs shall be charged against[~~, and no~~] a child or the child's parent or guardian.

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

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

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

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

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

(1) Require the minor, [~~the~~] 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; and

(2) Order the minor to perform [~~a minimum of eighty hours of community service to remove graffiti from other properties.~~] not more than seventy-two hours of community service; provided that the community service shall not interfere with the minor's school or work commitments."

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

"§577-21 Curfew ordinances, effect. Each of the counties may enact and enforce ordinances regulating the presence of children in public places and on public streets and roads during certain hours at night.

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

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

"§577-26 Alcohol or drug abuse relating to minors; diagnosis, counseling, and related activities. (a) A counselor, certified, licensed, or otherwise authorized by law to engage in the practice of counseling services in either or both the public and private sector, may inform the spouse, parent, custodian, or guardian of any minor who requests, is referred for, or received counseling services relating to alcohol or drug abuse.

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

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

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

~~(e)~~] (d) The consent to the provision of furnishing counseling services for alcohol or drug abuse by the counselor when executed by a minor who is or professes to suffer from alcohol or drug abuse, shall be valid and binding as if the minor had achieved the minor's majority; that is, the minor who is or professes to suffer from alcohol or drug abuse, shall be deemed to have, and shall have the same legal capacity, the infancy of the minor and any contrary provisions of law notwithstanding, and [~~such~~] the consent shall not be subject to later disaffirmance by reason of [~~such~~] minority; and the consent of no other person (including but not limited to a spouse, parent, custodian, or guardian) shall be necessary in order to authorize [~~such~~] counseling services to [~~such a~~] the minor.

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

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

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

["§~~577-18 Parents allowing children in street, prohibited when; penalty.~~ Any parent or guardian having the care, custody, and control of a child under sixteen years of age, who, except in case of necessity, knowingly, and voluntarily suffers or permits such child to go or remain on any public street, highway or public place after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person thereto authorized by such parent or guardian, shall be fined not more than $100 or imprisoned not more than twenty days."]

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

["~~§577-23 Parent et al.~~ responsibility, penalty. Any parent, guardian, or other person having the care, custody, or control of an unmarried minor, who knowingly permits such minor to violate section 577-22, shall be fined not more than $50 or imprisoned not more than thirty days."]

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

["§~~577-24 Escort's responsibility; penalty.~~ Any person who knowingly takes, escorts, or accompanies any unmarried minor to a dance hall which the minor is prohibited from attending by section 577-22, or who invites or encourages the minor to attend such dance hall, shall be fined not more than $100 or imprisoned not more than ninety days."]

PART VI

SECTION 31. (a) As of the effective date of this Act, any outstanding court-ordered fees, fines, or administrative costs ordered against a person who was adjudicated for offenses committed during the person's minority, or pursuant to section 571-11(1) or (2), 571-13, 571-22, or 571-41(f), Hawaii Revised Statutes, shall be void and not collectable, including any interest, penalties, or collection expenses on the judgment, order, agreement, or other legally enforceable encumbrance. This Act shall apply to dual-status children for purposes of delinquency jurisdiction.

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

PART VII

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

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

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

Report Title:

Juvenile Justice; Court Fees; Fines; Penalties; Prohibited

Description:

Prohibits the assessment of any fines, fees, or court costs against a person who was adjudicated for an offense committed while the person was a minor under the age of eighteen years, or against the person's parent or guardian. Discharges all related debt obligations assessed prior to the effective date of the Act. Limits court ordered community service for minors to seventy-two hours. Repeals the statewide curfew for minors. (SD1)

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

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Bill Text: HI SB2323 | 2024 | Regular Session | Amended

Hawaii Senate Bill 2323

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