Waiver of counsel, 2014

A juvenile can waive his or her right to have an attorney present during questioning, provided that the waiver is made voluntarily, knowingly, and intelligently.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Hawaii, an attorney for a juvenile can be appointed at the following points in the process: Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the state level

Organizer: Hawaii Office of the Public Defender (Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

Hawaii indigency law is governed by both juvenile and adult statutes, which provide for a determination of indigency Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

No statewide restriction

Sex offender registration, 2015

Does not register

Competency, 2015

In Hawaii, no statute or court rule applies directly to juvenile competency, but a crimes code section states that the penal code chapter related to ‘Penal Responsibility and Fitness to Proceed’ is applicable to “crimes and offenses defined by other statutes”. Since the juvenile code defines status offenders and law violators in terms of offenses and crimes, the (adult) penal code applies.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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