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Purpose clauses, 2016

  • No clause

  • Parens patriae

  • Due process era

  • Balanced and Restorative Justice (BARJ)

  • Developmental Approach

Hawaii’s purpose clause aligns with language from the due process era. The section mentions the decriminalized nature of adjudications and that "all children found responsible for offenses shall receive dispositions that provide incentive for reform and/or deterrence."  Purposes of the court also include "promoting reconciliation of distressed juveniles with their families, fostering rehabilitation of juveniles in difficulty, and rendering appropriate punishment to offenders."

HI ST §571-1

Intake and diversion, 2016

Initial intake and diversion decision is at the discretion of the juvenile court intake officer.

In Hawaii, when a police officer takes custody and detains a child related to alleged law violations (delinquent) or status offenses, or if a police officer or JPO takes custody for violating probation or protective supervision, and the youth is not deemed suitable for community diversion, the matter must be referred to court.  Youth can be detained in a police station or community corrections center lock-up for up to 6 hours (metropolitan areas) or up to 24 hours (rural), or to a court-designated juvenile detention facility or shelter. A hearing must occur within 24 hours, excluding weekends and holidays to continue detention.  Youth can be diverted at that stage.  

Otherwise, when a complaint is received by the court or designated agency to initiate involvement for law violators (delinquent) or status offenders, the court intake officer or designee (JPO) makes the decision to divert the youth from processing and close the case, provide informal adjustment, or proceed with another informal disposition in accordance with local court circuit rules. With consent of the child and parent/s, an informal adjustment agreement may be developed lasting up to 3 months before a judge must review the situation. Conditions may include: evaluations and treatment, restitution (to be paid by child and/or parent/s), community service, community-based programs, dispositions from “neighborhood courts or panels (drug court, girls court, non-binding arbitration/mediation)”, work, education, outreach, and/or youth-initiated programs, non-secure shelter facilities, secure detention (only if alleged delinquent) and/or victim-centered restorative justice program. If services fail, the intake officer proceeds with formal action.

Once a petition is filed, the judge may place the juvenile on administrative monitoring to fulfill certain conditions and dismiss the matter without further court involvement. While no time limit is specified, statute mentions it should preempt a full term of probation (which could otherwise mean years of monitoring or one year in a correctional facility, etc.). It also specifies the ability to petition the court to rehear the matter and modify (or terminate) conditions.

Pre-petition court diversion time limit/s exist.

In Hawaii, informal adjustment agreements can last 3 months before the matter must be reviewed by the judge.  Judges can order administrative monitoring for an unspecified period of time.

Courtroom shackling, 2015

No statewide restriction

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

Sex offender registration, 2015

Does not register

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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