THE SENATE

S.B. NO.

2836

THIRTY-FIRST LEGISLATURE, 2022

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO JUVENILE JUSTICE.

 

 

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

 

     SECTION 1.  The legislature finds that the duties performed by juvenile probation officers are essential and vital to the State's juvenile justice system.  Juvenile probation officers address a wide range of complex issues that impact the well­being of the State's youth and their families.  Probation officers work collaboratively with community-based partners to develop and strengthen strategies and programs that offer solutions for the State.  Hawaii's juvenile probation officers are also committed to practicing restorative justice and enhancing public safety.  Their efforts to transform our juvenile justice system have resulted in a significant reduction in juvenile crime across the State.

     The legislature also finds that juvenile probation officers are currently classified as social workers within the judiciary's hiring system.  This classification has created confusion about the role and authority of juvenile probation officers, including their ability to take minors into custody, administer drug tests, and establish reporting requirements for earned discharge from probation.  Juvenile probation officers do not currently have access to annual safety training and do not possess sufficient identification, such as badges, to ensure their safety in the field.

     The purpose of this Act is to:

     (1)  Require the judiciary to create a separate employment classification for juvenile probation officers;

     (2)  Establish minimum procedures for the appointment of juvenile probation officers; and

     (3)  Require a report from the judiciary to the legislature on the status of the implementation of this Act.

     SECTION 2.  Section 571-85, Hawaii Revised Statutes, is amended to read as follows:

     "§571-85  Authority of probation officers; additional probation officers.  (a)  Within the scope of their duties, probation officers appointed under this chapter shall have the powers and privileges of a police officer.  In addition to the probation officers appointed under section 571-6, the judges of the family courts may appoint special probation officers who shall serve without pay but who shall be entitled to be reimbursed for any cost or expense incurred by them in connection with the performance of their duties as defined by the judge.

     (b)  All probation officers appointed under this chapter shall:

     (1)  Take an oath of office pursuant to the Hawaii State Constitution;

     (2)  Be issued a certificate of appointment having the title "probation officer";

     (3)  Be issued individual badges and identification cards having the title "probation officer"; and

     (4)  Complete an annual safety training course for which the curriculum has been approved by the judiciary."

     SECTION 3.  (a)  The judiciary shall create a separate employment classification for juvenile probation officers.  All juvenile probation officers already employed by the judiciary as of the effective date of this Act shall:

     (1)  Have their status transferred to the new classification system no later than July 1, 2023; and

     (2)  Complete their first annual safety training course, as required by section 571-85(b), Hawaii Revised Statutes, within six months of the judiciary's approval of the curriculum.

     (b)  The judiciary shall also consult with appropriate labor representatives as specified in the applicable collective bargaining agreement.

     SECTION 4.  No later than twenty days prior to the convening of the 2023 and 2024 regular sessions, the judiciary shall submit a report to the legislature on the status of the judiciary's implementation of this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 30, 2075.

 

 

Report Title:

Juvenile Justice; Probation Officers; Employment Classification; Appointment Process; Collective Bargaining; Report

 

Description:

Requires the Judiciary to create a separate employment classification for juvenile probation officers.  Establishes minimum procedures for the appointment of juvenile probation officers.  Requires reports to the Legislature on the status of the implementation of this Act.  Takes effect 7/30/2075.  (SD1)

 

 

 

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