Basic services, 2022
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Overall
State operated
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Detention
State operated
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Probation
State operated
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Reentry
State operated
Hawaii's delinquency services are organized at both the state and local level. Community supervision and secure detention are both administered by the Family Courts. Community supervision is administered across each of the four circuits of Family Courts; while there is only one secure detention facility in Hawaii, administered by the First Circuit Family Court.
Purpose clauses, 2016
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No clause
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Parens patriae
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Due process era
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Balanced and Restorative Justice (BARJ)
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Developmental Approach
Corrections agency, 2015
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Independent juvenile corrections agency
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Family/child welfare agency or division
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Broad human services agency
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Adult corrections agency or division
The Hawaii Office of Youth Services (OYS) administers commitments to state juvenile correctional facilities. OYS also provides parole services for minority commitments.
Intake and diversion, 2016
Initial intake and diversion decision is at the discretion of the juvenile court intake officer.
Pre-petition court diversion time limit/s exist.
Solitary confinement, 2016
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Prohibits punitive confinement
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Limits punitive confinement
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No limits on punitive confinement
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Did not respond
Solitary confinement for punitive purposes is not allowed in Hawaii's juvenile correctional facility. Solitary confinement may only be used for safety, destruction of property, or to prevent escape, for up to 4 hours. (Adapted from 51 Jurisdiction Survey of Juvenile Solitary Confinement Rules in Juvenile Justice Systems, 2016. Lowenstein Center for the Public Interest at Lowenstein Sandler LLP)
Release decision, 2016
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Agency
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Court
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Parole board
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Agency and court
The Office of Youth Services director makes release decisions for committed youth. By statute, release may occur if there is reasonable probability that the youth will not further violate the law and if his or her release is not incompatible with the welfare and safety of the community. The director of the Office of Youth Services is required to give 30-days notice to the court and prosecutor's office of the pending release of a juvenile. Prior court approval of a release is only necessary when the commitment order specifically requires the court's approval of the release. The judge may state in the order that the court must grant permission before the juvenile is placed in the community on parole. Hawaii's Juvenile Justice Reform Bill (ACT 201 of 2014) mandates the use of a risk assessment tool to support a parole decision, indicating the youth is less likely to recidivate.
Risk assessment, 2020
| Organization |
2013 |
2017 |
2020 |
| Statewide uniform assessment |
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| Layered/regional assessment |
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| Locally administered assessment |
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In Hawaii, probation is administered across Family Court circuits. Hawaii's Juvenile Justice Reform Bill (House Bill 2490) required the adoption of a validated risk/needs assessment tool. Administrative policy requires the use of Youth Assessment and Screening Instrument (YASI) statewide to develop/inform pre-disposition investigation reports and/or planning, develop probation disposition recommendations to the juvenile court, assign probation supervision level, and develop probation case plans. Prior to the adoption of the YASI statewide, administrative policy allowed each circuit to select a risk assessment tool, resulting in more than one tool in use across the state. Previously, the 1st Circuit, covering the most populous island of Oahu used the Hawaii Juvenile Risk Needs Classification System while the other three circuits used the Youth Level of Service/Case Management Inventory (YLS/CMI).
Sex offender registration, 2015
Does not register
Risk instruments, 2017
- Risk instruments tool used
- Youth Assessment and Screening Instrument (YASI)
Mental health screening, 2014
Requires a research-based mental health screening
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Secure detention
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Probation
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Corrections
- Mental health screening tool used
- To be determined
In Hawaii, mental health screenings take place in detention and corrections, but are not required by policy. The Family Court Liaison Branch has a Memorandum of Understanding with the Office of Youth Services to provide mental health services to the youth incarcerated at Hawaii Youth Correctional Facility. The MAYSI-2 is administered upon intake as part of an intake assessment process. Detention staff administer the MAYSI-2 to all youth entering detention. Probation/intake is required to adopt a comprehensive screening tool that includes mental health screening as a result of HB2490 that was passed in July 2014. They are currently in the process of selecting a comprehensive screening tool.
Frameworks for evidence-based practices, 2014
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Statute
Supporting commitment to EBPs
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Administrative regulations
Either in corrections, probation, or the juvenile court
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Support center
Or collaboration dedicated to coordinating activities around implementing, evaluating, and sustaining EBPs
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No stance
No official stance on EBPs
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Did not respond
State did not respond to the survey
Hawaii recently enacted House Bill 2490 which includes a definition of evidence based practices and defines a probation case plan that may include evidence based programming requirements, however it does not require them to be utilized. "Evidence-based practices" means supervision policies, procedures, and practices, as well as treatment and intervention programs, that research demonstrates are likely to reduce delinquency amongst children in the juvenile justice system".
Hawaii does not have a resource center or collaborative focused on EBP's. The state will fund evaluations of local innovations to determine if they are evidence based and is currently working on making outcome data public.
Recidivism reporting, 2016
Does not publish recidivism consistently over time.
