Bill Text: HI SB386 | 2021 | Regular Session | Amended
Bill Title: Relating To The Detention Of A Minor In An Adult Jail Or Lockup.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-24 - Act 061, 06/23/2021 (Gov. Msg. No. 1162). [SB386 Detail]
Download: Hawaii-2021-SB386-Amended.html
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THE SENATE |
S.B. NO. |
386 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DETENTION OF A MINOR IN AN ADULT JAIL OR LOCKUP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-32, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (d) to read:
"(d) No [child] 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. [If there is probable cause
to believe that the child comes within section 571-11(1), the child may be
securely detained in a certified police station cellblock or community
correctional center. The detention shall
be limited to six hours. In areas which
are outside a standard metropolitan statistical area, the detention may be up
to twenty-four hours, excluding weekends and holidays, if no detention facility
for juveniles is reasonably available.
Any detention in a police station cellblock or community correctional
center shall provide for the sight and sound separation of the child from adult
offenders.] 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) A
minor accused of a non-status offense who is held for a period not to exceed six
hours; provided 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 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 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 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; and 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."
2. By amending subsection (g) to read:
"(g) When a minor is ordered to be held or detained
by the court:
(1) Where a [child]
minor transferred for criminal proceedings pursuant to a waiver
of family court jurisdiction is detained, the [child shall be held in the
detention facility used for persons charged with crime. When a child is ordered committed to an
agency or institution, the child shall be transported promptly to the place of
commitment.] 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;
(C) The
present mental state of the minor, including whether the minor presents an imminent
risk of self-harm;
(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 not
only meet the specific needs of the minor but also to 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:
(A) The
court shall hold a hearing no less frequently than once every thirty 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Judiciary
Package; Detention of a Minor; Adult Jail; Prohibition; Exceptions; Requirements
Description:
Requires a
family court to make findings, after a hearing and in writing, before a minor can
be transferred to an adult jail or lockup or be permitted sight or sound contact
with adult offenders. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
