reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-14 Educational programs provided by the department of education.

§352-14 Educational programs provided by the department of education.
The department of education shall provide educational programs for those persons committed to the youth correctional facilities. These educational programs shall be adapted to the needs of the persons committed as prescribed by the department of education in coordination with the director. [L 1980, c 303, pt of §8(1); am L 1987, c 338, §10; am L 1989, c 211, §8; am L 1991, c 114, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-15 Recreational and program activities.

§352-15 Recreational and program activities.
The director shall provide the opportunity for the recreation of those persons committed to the facilities. Work programs for such persons shall be established and may include farming, sewing, plant nursery, and animal husbandry. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-16 Establishment of work release.

§352-16 Establishment of work release.
(a) The director, in accordance with rules and regulations adopted by the director, may establish a work release plan for persons who are committed to the director's care and who are receiving care and treatment in a youth correctional facility; provided that such a plan shall not interfere with any educational program in which such persons may be enrolled.
(b) Under such a work release plan, any such person may be authorized to secure or continue in suitable employment outside of such youth correctional facility, and unless otherwise authorized by the department with respect to specific cases, return to and remain in such facility during non-working hours.
(c) Employment under such a work release plan may be at a wage less than the minimum wage authorized in chapter 387; provided that no more than five hours of a person's workweek shall be paid at wages less than the minimum wage.
(d) It shall be the duty of the employer of a person participating in a work release plan to transmit to the director the earnings of such persons. The transmission to the director of the earnings of such person shall operate to discharge such employer from any further obligation to such person except with respect to any taxes lawfully withheld from the wages of such person.
(e) The earnings transmitted to the director by a person's employer under a work release plan shall be held to the account of such person. [L 1980, c 303, pt of §8(1); am L 1981, c 224, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-17 Compensation in facilities.

§352-17 Compensation in facilities.
The director may provide, in accordance with rules and regulations adopted by the director, for the payment of compensation, which shall not be considered as wages, for work performed by a person placed in a youth correctional facility while in such facility and not participating in a work release plan under section 352
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16. The compensation shall be credited to the account of such person. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-18 Establishment of trust accounts.

§352-18 Establishment of trust accounts.
All sums collected pursuant to sections 352
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16 and 352
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17, and from other authorized sources shall be placed in a bank trust account or federally insured savings account to the credit of persons committed pursuant to this chapter. The director or director's agent shall maintain individual ledger accounts for each committed person and shall issue each person a periodic statement showing deposits and withdrawals. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-19 Withdrawals from accounts.

§352-19 Withdrawals from accounts.
(a) The director may permit withdrawals by a committed person from the person's account for the following purposes:
(1) Disbursement to the dependents of such person for such amounts as the person is legally obligated to pay;
(2) To satisfy the whole or part of any debt of such person;
(3) Disbursement to relatives of the person;
(4) To secure a release from any person making a claim against the committed person for crimes affecting property.
(b) The director may make withdrawals from a committed person's account for purposes of restitution payments as ordered by a court.
(c) The director may retain any balance remaining until the termination of the director's legal custody of such person at which time the director shall transfer the balance to the person, the person's guardian, or to whomever legal custody is transferred. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-20 Disposition of inactive accounts.

§352-20 Disposition of inactive accounts.
Where money in an individual person's account on the books of the Hawaii youth correctional facilities has not been claimed by such person or the person's legal representative within one year after the person has or would have reached the age of majority, the director shall remit to the director of finance all moneys standing to the credit of the person in the account, taking the receipt of the director of finance therefor. All such moneys shall thereupon, become a state realization; provided that at any such time within five years after the payment into the treasury of moneys from any such account, the person or the legal representative of the person, who would have been entitled to receive the same from the director upon making satisfactory proof to the comptroller of the State of such right, shall receive the amount thereof out of any moneys not otherwise appropriated upon warrant drawn by the comptroller. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-21 Youth correctional facilities' benefit fund; disposition of income.

§352-21 Youth correctional facilities' benefit fund; disposition of income.
The director shall establish a youth correctional facilities' benefit fund for the purpose of the welfare and recreation of the persons committed. The director shall deposit all moneys arising from any program activities at the facilities, except those amounts credited to the committed persons' accounts pursuant to section 352
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18, to the credit of the youth correctional facilities' benefit fund. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-22 Periodic reexamination of status of persons committed to the department.

§352-22 Periodic reexamination of status of persons committed to the department.
The director shall cause to be made periodic reexamination of the status of each person who is committed to the department and who has not been finally discharged from such commitment, which shall:
(1) Include a study of all pertinent circumstances of such person's personal and family situation and an evaluation of the progress made by such person since the previous study;
(2) Be made for the purpose of ascertaining all relevant facts necessary to determine whether existing decisions, orders, and dispositions with respect to such persons should be modified or continued in force; and
(3) Be conducted as frequently as the department deems necessary but in any event, at intervals not to exceed six months with respect to each such person. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-23 Community services program.

§352-23 Community services program.
There is established a community services program within the youth correctional facilities which shall coordinate the placement of persons committed to the care of the director in educational, vocational, and work release programs and residential placement. The program also shall advise the director or the director's duly authorized agent as to the granting of parole, furlough, release, and other matters affecting the commitment of a person. [L 1980, c 303, pt of §8(1); am L 1987, c 132, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-23.5 Gender-responsive, community-based programs for female adjudicated youth.

§352-23.5 Gender-responsive, community-based programs for female adjudicated youth.
Subject to funding by the legislature, the office of youth services shall develop and make available gender-responsive, community-based programs for female adjudicated youth by providing female adjudicated youth the appropriate range of opportunities to ensure that their needs are met. Program models designed to address the needs of female adjudicated youth shall include but are not limited to:
(1) Appropriate treatment, including mental health and substance abuse treatment;
(2) Individualized case management to help female juvenile offenders set and achieve goals;
(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise;
(4) Development of self-determination through education; employment training; special education for the learning disabled; and social, cognitive, communication, and life skills training;
(5) Family-focused programming, including issues relating to pregnancy and single parenthood;
(6) Peer support and the development of peer networks;
(7) Transitional support for female adjudicated youth and their families to promote successful reentry into their families, schools, and communities;
(8) Highly skilled staff experienced in working with female adjudicated youth and their concerns;
(9) Formal recognition of participant achievement;
(10) Ongoing attention to building community-based support;
(11) Assistance for female adjudicated youth who need to develop a marketable job skill and a career plan;
(12) Geographical proximity to children and family;
(13) Preparation of female adjudicated youth for the resumption of their education; and
(14) The goal of providing a gender-responsive continuum of care. [L 2006, c 258, §3]
Cross References
Parity for female offenders, see chapter 367D.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-24 Juvenile parole program.

§352-24 Juvenile parole program.
The director shall establish a program of juvenile parole. The duties of the juvenile parole officer shall include:
(1) Assisting in locating appropriate residential placement for paroled persons;
(2) Efforts to obtain suitable employment for paroled persons;
(3) Assisting a paroled person in adjusting to community life by familiarizing the person with available community resources and providing opportunities for counseling;
(4) Maintaining a record of all paroled persons and periodically updating information therein concerning the residence, employment, and wages, and such details concerning the person's health, conduct, and environment as may come to the juvenile parole officer's attention either from reports or through the officer's own personal investigation;
(5) To make such other investigations, secure such other information and data, perform such other duties, and make such other reports, in addition to those which may be required by law, as may be required by the director. [L 1980, c 303, pt of §8(1); am L 1987, c 132, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-25 Furlough, parole, discharge.

§352-25 Furlough, parole, discharge.
(a) The director, for good reasons shown to the director's satisfaction, may furlough or parole any person committed to the director's custody. The director shall give the court and the prosecutor's office of the appropriate county a thirty-day notice prior to discharging a committed person. Prior court approval shall be obtained when such is specifically required in the commitment order.
No furlough, parole, or discharge shall be granted unless it appears to the director that there is a reasonable probability that the person will not violate the law and that the person's release is not incompatible with the welfare and safety of society.
(b) When granting parole, the director shall consider whether:
(1) The results of a risk and needs assessment indicate the person is at a lower risk to reoffend;
(2) The person has substantially complied with the facility rules and has had no significant misconduct in the prior two months;
(3) The person has demonstrated efforts toward rehabilitation;
(4) The person is likely to follow the reentry plan established pursuant to section 352-8.5; and
(5) A home visit has been completed and the living situation upon parole is determined to be safe and conducive to rehabilitation.
The form of furlough or parole may include return to the person's own home, transfer to another youth correctional facility, a group home or foster home placement, or other appropriate alternative. Nonresidential programs may be made available to selected persons on furlough such that they return to the facility during nontreatment hours.
(c) The director shall submit an annual report to the board of family court judges and the Hawaii juvenile justice state advisory council. The report shall include the number of persons committed to the director's custody who are not serving a concurrent term of probation, the number of those persons who were granted parole in the previous year, the length of the parole term for each paroled person, and the number of persons on parole who return to the Hawaii youth correctional facilities for any reason. [L 1980, c 303, pt of §8(1); am L 1990, c 92, §2; am L 1997, c 325, §2; am L 2014, c 201, §4]
Note
The 2014 amendment applies to delinquent behavior committed on or after July 1, 2014. L 2014, c 201, §21.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-26.1 Public disclosure of information upon escape.

§352-26.1 Public disclosure of information upon escape.
The director, with the concurrence of the police, shall publicly disclose the name, the place of residence, a photograph, and the prior adjudications for offenses which, if the person were an adult, would be a felony, of any person who escapes while committed to the youth correctional facility; provided that the crime for which the person was committed involved the use of force or violence or the threat of force or violence, which is punishable as a felony. [L 1983, c 157, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-27 Harboring or concealing a person away from custody assigned by competent authority.

§352-27 Harboring or concealing a person away from custody assigned by competent authority.
Any person who knowingly and intentionally harbors or conceals a person who was in the custody of a Hawaii youth correctional facility, guardian, employer, or any other person with whom the person was placed by the court or the director without the permission of the custodian, guardian, employer, or such other person shall be guilty of a misdemeanor offense. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-29 Termination of director's right to supervise person.

§352-29 Termination of director's right to supervise person.
(a) The authority of the director to supervise the conduct of a person who has been committed to the director's care, unless such authority shall be sooner terminated pursuant to this chapter or chapter 571, shall cease:
(1) At the time of sentencing for any subsequent offense for which the committed person has been waived pursuant to section 571
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22 and has been convicted by a court of competent criminal jurisdiction;
(2) At the expiration date of the order of commitment issued unless the director has, prior to such expiration date, sought and obtained from the court an extension of such order;
(3) Whenever the director, prior to the termination otherwise of such order, determines that the purposes of such order have been achieved in the case of a person under age eighteen; provided that if the commitment order reserves the prior approval of the family court for any discharge before termination, the director shall obtain approval of the court for a discharge; or
(4) Whenever the director, prior to the termination otherwise of such order, determines that the purposes of such order have been achieved in the case of a person committed to a term extending beyond the person's eighteenth birthday and obtains court approval prior to discharge.
(b) The director, in each case described in subsection (a)(2), (3) and (4) of this section, shall immediately notify the person, the court, the police department of the county where the committed person resided before commitment, and, if a minor, the person's parent or guardian of the termination of the director's supervision over such person, provided that in cases covered by subsection (a)(1), the sentencing court shall provide such notification including notice to the director. [L 1980, c 303, pt of §8(1); am L 1981, c 134, §1; am L 1997, c 325, §4]
Revision Note
In subsection (a)(1) and (2), "or" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-30 Delegation of responsibilities.

§352-30 Delegation of responsibilities.
The director may delegate any of the director's responsibilities pursuant to this chapter to a representative of the department except those that relate to discretionary discharge before the term of the person's commitment has ended. [L 1980, c 303, pt of §8(1); am L 1981, c 19, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-31 Costs.

§352-31 Costs.
All costs incurred under section 352
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28 shall be paid by the director out of any funds appropriated for the Hawaii youth correctional facilities. [L 1980, c 303, pt of §8(1)]
Note
Section 352-28 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-32 Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority.

§352-32
Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority.
(a) The Hawaii youth correctional facilities may operate and maintain the Kawailoa youth and family wellness center within the scope of the authority granted by the office of youth services pursuant to section 352D-7.5, using funds appropriated or approved by the legislature for this purpose.
(b) Persons committed to the Hawaii youth correctional facilities shall be segregated from youth and young adults admitted to the Kawailoa youth and family wellness center. For purposes of this section, "young adult" has the same meaning as in section 352D-3. [L 2018, c 208, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-1 Finding and purpose.

§352D-1 Finding and purpose.
The legislature finds that:
(1) The State of Hawaii has the responsibility to provide its youth a fair and full opportunity to reach their full potential and become law-abiding citizens of our community by providing and encouraging services, which will strengthen their physical, emotional, social, educational, and moral development;
(2) There is a need for a strong state commitment to the needs of youth and families. Of particular concern are those youth who come into conflict with the laws of our community. To achieve this commitment, there is need for statewide planning and system coordination; oversight of activities and services; and evaluation and monitoring of the effectiveness of these services. In addition, a single entity is needed to serve as a central intake agency, and to coordinate the delivery of services, and provide a continuum of programs to eliminate gaps and provide a clear sense of responsibility and accountability for youth services. This agency must have sufficient statutory authority to ensure that its directives and mandates are complied with by the various affected agencies.
The purpose of this chapter is to establish the office of youth services for the planning, case management, and delivery of services to youth at risk. [L 1989, c 375, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-2 Policy for youth.

§352D-2 Policy for youth.
A policy for youth is established for the State as follows:
(1) It shall be the policy of this State to concentrate on the prevention of delinquency as an important strategy which can be planned and implemented on behalf of youth and their families. The State shall encourage community involvement in the provision of services for youth including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups, and private-for-profit groups in order to encourage and provide innovative strategies for these services. To maximize resources and services to youth in need of services, agencies shall develop standards of care, methods to coordinate services, and evaluate and monitor these activities. For youth with special needs, the furtherance of this policy requires all agencies to recognize that their jurisdiction in meeting these youths' needs are not mutually exclusive and that they will work jointly under the coordination of the office of youth services;
(2) When youth at risk or their families request help, state and local government resources shall be utilized to complement community efforts to help meet the needs of youth by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of youth. To this end, the State shall assist and encourage families to utilize all available resources. For youth in need of services, the State shall secure those services as are needed to serve the emotional, mental, and physical welfare of youth and the best interests of the community, preferably in the youth's home or in the least restrictive environment possible. When youths must be placed in care away from their homes, the State shall ensure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their youth; and
(3) This policy for youth shall be implemented through the cooperative efforts of state and county legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those youth in greatest need. [L 1989, c 375, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-3 Definitions.

§352D-3 Definitions.
As used in this chapter:
"Executive director" means the executive director of the office of youth services.
"Office" means the office of youth services.
"Young adult at risk" or "young adult" means any adult between the ages of eighteen and twenty-four who has been arrested, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, and who is no longer eligible for child protective services provided by the State due to the adult's age. "Youth at risk" or "youth in need of services" means any youth who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, moral, physical, or other similar problems.
"Youth service system" means any youth services, facilities, or community-based programs provided through the family court and public and private agencies receiving state funds.
"Youth services" means public or privately funded programs which provide developmental, preventive, protective, recreational, treatment or rehabilitative services for youth at risk including: after school programs, foster care services, residential group homes, independent living programs; child nurturing and family living programs; camps; playground programs; services to youth with school-related problems including educational neglect; services to youth who are found to be subject to neglect, abuse, or exploitation; employment/training programs; diagnostic, preventive, and remedial medical and mental health services to youth, including chemically dependent, physically, mentally, and emotionally disabled and handicapped youth; information and referral services; and legal services to assure the rights of youth. [L 1989, c 375, pt of §1; am L 2018, c 208, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-4 Establishment; purpose.

§352D-4 Establishment; purpose.
There is established within the department of human services for administrative purposes only the office of youth services. The office of youth services is established to provide services and programs for youth at risk under one umbrella agency in order to facilitate optimum service delivery, to prevent delinquency, and to reduce the incidence of recidivism among juveniles through the provision of prevention, rehabilitation, and treatment services. The office shall also be responsible for program planning and development, intake/assessment, oversight, as well as consultation, technical assistance, and staff training relating to the delivery of services.
The office shall provide a continuum of services as follows:
(1) An integrated intake/assessment and case management system;
(2) The necessary educational, vocational, social counseling and mental health services; provided that the department of education shall be the only provider of standards-based education services for all youth at risk and young adults identified with special education needs or actively receiving special education services, in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and all applicable federal and state educational requirements;
(3) Community-based shelter and residential facilities;
(4) Oversight of youth services; and
(5) Other programs that encourage the development of positive self-images and useful skills in youth.
The executive director of the office of youth services shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, reporting the services or programs funded pursuant to this section, the number of youth served by each service or program, and the results of the services or programs funded.
To this end, on July 1, 1991, this office shall assume the responsibilities for juvenile corrections functions, which were temporarily placed in the department of corrections pursuant to Act 338, Session Laws of Hawaii 1987. These functions shall include but not be limited to all responsibilities, under chapter 352, for the Hawaii youth correctional facilities. [L 1989, c 375, pt of §1; am L 2014, c 201, §5; am L 2018, c 208, §5; am L 2019, c 111, §14]
Note
The 2014 amendment applies to delinquent behavior committed on or after July 1, 2014. L 2014, c 201, §21.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-4.5 Substance abuse treatment monitoring program.

§352D-4.5 Substance abuse treatment monitoring program.
(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the office shall comply with the requirements of the statewide substance abuse treatment monitoring program established by the department of health under section 321-192.5. The office shall collect data in accordance with section 321-192.5 from any provider of substance abuse treatment that provides substance abuse treatment to youths served through public funds administered by the office.
(b) The office shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.
(c) The office shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 352D-6.
(d) This section shall not be construed to abrogate an individual's right to privacy. The office shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §25]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-5 Appointment of director; powers and duties.

§352D-5 Appointment of director; powers and duties.
(a) The office of youth services shall be headed by an executive director who shall be appointed by the governor without regard to chapter 76. The executive director may appoint such other staff as may be necessary to carry out the duties of the office of youth services.
(b) The executive director, for the administration of the Juvenile Justice Delinquency Prevention Act, may employ any other staff without regard to chapter 76. [L 1989, c 375, pt of §1; am L 1993, c 318, §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-6 Organizational structure.

§352D-6 Organizational structure.
The office of youth services shall be composed of such divisions and sections as are deemed necessary by the director to:
(1) Provide diagnostic evaluation, treatment, and rehabilitation services for all youths referred to services provided by the office or placed in the office's custody by the family court;
(2) Provide supervision and counseling services for youth in shelter or correctional facilities under the office's jurisdiction, including community-based facilities;
(3) Provide educational, vocational-educational, and other programs to effectively occupy the time of the youth placed in a facility under the office's jurisdiction which promote the development of self-esteem and useful skills to prepare youths in becoming productive members of the community;
(4) Provide continuous program planning, development, and coordination of youth services, including the coordination with other government and private social service agencies that work with youths to ensure that a full-range of programs is available and that such programs are consistent with the policy of this chapter and are not unnecessarily duplicative or conflicting;
(5) Provide prevention services to include a comprehensive intake/assessment and information/referral system throughout the State which shall access services to youth and their families;
(6) Provide a case management system based on the individual needs of youth which shall provide for in-depth client assessment, appropriate service planning, and client advocacy;
(7) Provide for the implementation of chapter 352, youth correctional facilities and other needed correctional services, including ensuring that these facilities and services meet the present and future needs of youth under the jurisdiction of the youth correctional facilities;
(8) Facilitate the development of and, when appropriate, provide for training programs for persons offering services to youth at risk;
(9) Provide for technical assistance and consultation to providers and potential providers;
(10) Seek, apply for, and encourage the use of all federal funds for youth services and facilitate the coordination of federal, state, and local policies concerning services for youth;
(11) Prepare and submit an annual report to the governor and the legislature. This report shall include, but not be limited to, a review of the status of youth services within the State, recommendations for priorities for the development and coordination of youth services; and
(12) Monitor, evaluate, and audit all grants under chapter 42F, and purchase of services under chapter 103F which relate to the office of youth services. [L 1989, c 375, pt of §1; am L 1990, c 34, §22; am L 1991, c 151, §2 and c 335, §12; am L 2014, c 96, §20]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-7 Youth services centers; creation.

§352D-7 Youth services centers; creation.
(a) Beginning July 1, 1991, the office of youth services shall create, develop, and operate youth service centers throughout the State, including one or more in each county and including the Kawailoa youth and family wellness center created pursuant to section 352D-7.5. This may be done either directly or by contract with private parties. Delinquency prevention shall be a primary objective of these centers. The population eligible for services at the centers shall be all youths in need of services and all young adults at risk. All referrals and admissions to a youth services center shall be voluntary. Centers shall also develop individualized intake capabilities, program plans, delivery of services, and a comprehensive referral network. The objectives of the youth service centers shall be to:
(1) Develop and implement programs in delinquency prevention;
(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system;
(3) Develop an improved system of intake, assessment, and follow-up for youths including youth at risk, and for young adults at risk; and
(4) Provide better coordination of juvenile justice and nonjuvenile justice services in order to reduce overlaps and gaps in services.
(b) Each center shall:
(1) Be responsible for coordinating all services, justice system or non-justice system, both public and private, to the youth and young adults referred to it; and
(2) Be responsive to the needs of its immediate community and offer an array of services that are tailored to the needs of its constituents.
(c) Every youth and young adult referred to a youth services center shall be appropriately placed with a service provider and provided services as soon as possible. The center shall develop procedures that will ensure that appropriate service providers are available on a twenty-four hour basis for each youth and young adult. The center may contract with service providers for provision of services.
(d) Each youth service center shall maintain a registry of every youth and young adult referred to it and shall monitor and supervise the follow-up services that are provided to the youth or young adult. Each center shall be primarily responsible to ensure that each youth is fully diverted from the juvenile justice system. [L 1989, c 375, pt of §1; am L 2001, c 253, §2; am L 2018, c 208, §6]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-7.5 Kawailoa youth and family wellness center; creation.

§352D-7.5 Kawailoa youth and family wellness center; creation.
(a) The office of youth services may create and develop a central youth service center known as the Kawailoa youth and family wellness center at the site of the Hawaii youth correctional facilities. The office of youth services may grant to the Hawaii youth correctional facilities the authority to operate and maintain the Kawailoa youth and family wellness center; provided that opportunities may be given to existing state Hawaii youth correctional facilities civil service employees to participate in the services and programs, as specified in subsection (d), including discussing long-term plans for employment and training opportunities to contribute professionally to the program.
(b) A primary objective of the Kawailoa youth and family wellness center shall be to prevent delinquency, as specified in section 352D-7.
(c) The other objectives of the Kawailoa youth and family wellness center shall be to:
(1) Offer residential programs in delinquency prevention, including youth services, as defined in section 352D-3;
(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system; and
(3) Develop an improved system of intake, assessment, and follow-up for youth at risk and young adults at risk.
(d) The Kawailoa youth and family wellness center services and programs may include but shall not be limited to mental health services and programs, substance abuse treatment programs, crisis shelters for homeless youth, crisis shelters for victims of human and sex trafficking, vocational training, group homes, day treatment programs, aftercare, independent and family counseling services, educational services, and other services and programs that may be required to meet the needs of youth or young adults.
(e) All youth at risk and all young adults at risk shall be eligible for services at the Kawailoa youth and family wellness center. [L 2018, c 208, §2]
Cross References
Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority, see §352-32.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-9 Office of youth services regional advisory boards; power, duties, and authority.

§352D-9 Office of youth services regional advisory boards; power, duties, and authority.
(a) There shall be established a regional advisory board located in each county and they shall be called the Hawaii, Kauai, Maui, and Oahu regional advisory boards, respectively. The office shall provide staff support for each board. Each board shall elect annually from among its members a chairperson who shall preside at its regular meetings. Each board shall be composed of eleven voting members. Each board's membership shall include four lay persons, of which two shall possess knowledge of youth services, all appointed by the governor as provided in section 26
-
34.
The Oahu regional advisory board shall include the superintendent of education, the public defender, the directors of human services and health, the police chief and the prosecuting attorney of the city and county of Honolulu, and the senior family court judge of the first circuit, or their designees.
The other regional advisory boards shall include the county's chief of police and prosecuting attorney, a deputy public defender, a family court judge, and one representative from each of the following departments of education, human services, and health, who shall be selected by their respective directors, or their designees.
All board members shall be residents of the county in which the regional advisory board to which they are appointed is located, and shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties.
(b) There shall be a combined meeting of all boards at least once a year. Each regional board shall advise the office on:
(1) General policies relating to the youth service system, including but not limited to planning, integration, development, and coordination to effectuate the purposes of this chapter;
(2) Monitoring and evaluating youth services as they relate to the coordination and integration of the youth service system within its region; and
(3) Any pertinent issue related to the youth service system within its region. [L 1991, c 258, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-10 Regional directors; powers, duties, and authority.

§352D-10 Regional directors; powers, duties, and authority.
The executive director shall appoint a regional director in each county. Each regional director shall be exempt from chapter 76, and shall answer to the executive director. The regional director shall:
(1) Oversee the youth services centers located in the director's region;
(2) Assist the executive director in coordinating, monitoring, and evaluating all programs and activities operated by the office within its region;
(3) Advise the executive director on any pertinent issue related to the youth service system within the director's region; and
(4) Provide staff support for the regional advisory board located in the director's region. [L 1991, c 258, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352D. Office of Youth Services › 352D-11 Youth commission.

§352D-11 Youth commission.
(a) There is established within the office of youth services, for administrative purposes only, a youth commission to advise the governor and legislature on the effects of legislative policies, needs, assessments, priorities, programs, and budgets concerning the youth of the State.
(b) The commission shall:
(1) Respond to requests for comment and recommendation on matters referred to it by the governor or legislature;
(2) Conduct research and community outreach regarding the needs of the youth of Hawaii, including but not limited to increasing youth participation in government and public policy;
(3) Make recommendations addressing the concerns and needs of the youth of Hawaii; and
(4) Report to the governor and legislature the activities, goals, and accomplishments of the commission by July 1 of each calendar year beginning on July 1, 2019.
(c) The youth commission shall consist of fifteen members between the ages of fourteen and twenty-four and shall not be subject to section 26-34. Of the members:
(1) Five members shall be appointed by the governor; provided that the governor shall ensure that each county is represented by at least one appointee; provided further that the governor shall ensure that at least one member is a previous recipient of youth services;
(2) Five members shall be appointed by the president of the senate; and
(3) Five members shall be appointed by the speaker of the house of representatives;
provided that the president of the senate and the speaker of the house of representatives shall appoint members representing the diversity of the State.
(d) Each member shall be appointed for a term of two years; provided that the initial terms of the appointed members shall be staggered as follows:
(1) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve three-year terms;
(2) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve two-year terms; and
(3) Three members, one each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve one-year terms.
(e) The youth commission shall annually elect a chairperson.
(f) A majority of the members appointed to the youth commission shall constitute a quorum to do business. Any action taken by the commission shall be validated by a simple majority of the quorum.
(g) The youth commission members may invite other individuals to participate in commission activities as temporary, nonvoting members.
(h) If the governor, president of the senate, or speaker of the house of representatives fails to appoint a member to the youth commission for any reason within six months after a vacancy occurs, the commission by a majority vote may appoint a person who satisfies the requirements of this section to the commission to fill the vacancy. [L 2018, c 106, §2; am L 2023, c 135, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.

§ §353-1 to 353-50 OLD REPEALED.
L 1987, c 338, §3(2).
Note
L 1987, c 127, §2 and c 142, pt of §1 purport to amend repealed § §353-1.1, 353-1.2, 353-4, and 353-30.
PART I. ADMINISTRATIVE STRUCTURE, INSTITUTIONS, AND SERVICES
Law Journals and Reviews
The Hawaii Prison Inmate's Emerging Right to Due Process. 10 HBJ, no. 4, at 115 (1974).
§353-1 Definitions; director may delegate powers.
As used in this chapter, unless the context otherwise requires:
"Committed person" means a person committed to the custody of the director of corrections and rehabilitation for imprisonment pursuant to chapter 706, including a probationer serving a term of imprisonment pursuant to section 706-624(2)(a) and a misdemeanant or petty misdemeanant sentenced pursuant to section 706-663.
"Department" means the department of corrections and rehabilitation.
"Director" means the director of corrections and rehabilitation; provided that the signing or approval of vouchers and other routine matters may be delegated by the director to any authorized subordinate. [L 1987, c 338, pt of §3; am L 1989, c 211, §8; am L 1993, c 72, §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-1.2 Director of corrections and rehabilitation; powers and duties.

§353-1.2 Director of corrections and rehabilitation; powers and duties.
(a) The director shall be responsible for the formulation and implementation of state goals and objectives for correctional programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. In the administration of these programs, the director may:
(1) Train, equip, maintain, and supervise correctional personnel and other employees of the department;
(2) Perform other duties as may be required by law;
(3) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of corrections; and
(4) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department, including contracts for the custody and care of Hawaii inmates housed outside of the State.
(b) The department of corrections and rehabilitation shall report to the legislature not later than twenty days prior to the commencement of the regular session of 2024, and every session thereafter, with its achievements, continuing improvements, and ongoing problems in providing the appropriate mental health care to committed persons under its jurisdiction. [L 2022, c 278, pt of §18]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-1.3 Deputy directors; appointment.

§353-1.3 Deputy directors; appointment.
The director shall appoint, without regard to chapter 76, three deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the correctional institutions of the department including prisons and jails within the State and any contracts for the custody and care of Hawaii inmates housed outside of the State, one deputy director shall oversee the rehabilitation services and programs of the department, and one deputy director shall oversee administration of the department. [L 2022, c 278, pt of §18]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-1.4 Correctional health care program.

§353-1.4 Correctional health care program.
There is established a correctional health care program within the department. The administrator of the correctional health care program and physicians who provide care to inmates shall be appointed by the director without regard to chapter 76. [L 2022, c 278, pt of §18]