Chapter 352 — Chapter 352

§352-1 Definitions. In this chapter, unless the context clearly indicates otherwise: "Department" means the department of human services; provided that the powers, duties, and functions relating to the Hawaii youth correctional facilities shall be administered by the office of yo…

§352-10 Circuit court disposition of offenders under eighteen years. The circuit court shall commit all offenders under eighteen years of age, duly convicted before the court, to the Hawaii youth correctional facilities in all cases where the court deems the sentence to be more s…

§352-11 Commitments directed, how. All commitments from the family courts of the State shall be directed to the director and may specify the appropriate facility for placement purposes. The committing court or judge shall designate a juvenile probation officer, police officer, or…

§352-12 Segregation of committed persons. Persons committed to the youth correctional facilities shall be kept segregated based on considerations including age, maturity level, attitude, behavior, offense committed, commitment period, and rehabilitation status. [L 1980, c 303, pt…

§352-13 Evaluation, counseling, training. The director shall provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, prevocational and vocational training, and employment counseling to all persons committed to the youth correctional…

§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…

§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 19…

§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 facil…

§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…

§352-18 Establishment of trust accounts. All sums collected pursuant to sections 352-16 and 352-17, 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 dire…

§352-19 Withdrawals from accounts. (a) The director may permit withdrawals by a committed person from the person's account for the following purposes: (b) The director may make withdrawals from a committed person's account for purposes of restitution payments as ordered by a cour…

§352-2 REPEALED. L 1985, c 156, §2.

§352-2.1 Purpose. (a) This chapter creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, the Hawaii youth correctional facilities, to provi…

§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…

§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 pr…

§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:

§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 residenti…

§352-24 Juvenile parole program. The director shall establish a program of juvenile parole. The duties of the juvenile parole officer shall include:

§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-da…

§352-26 Taking into custody and detaining persons for violations of terms and conditions of parole and furlough and attempted escape. (a) With respect to any person whose legal custody was vested in the director, who has been paroled or furloughed from a youth correctional facili…

§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 th…

§352-28 REPEALED. L 2011, c 18, §1.

§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…

§352-3 Contracting with private agencies for residential youth facilities. The department may contract with private agencies to provide residential youth facilities. [L 1980, c 303, pt of §8(1)]

§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 198…

§352-31 Costs. All costs incurred under section 352-28 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)]

§352-4 Rules and regulations. The director may adopt rules and regulations to carry out the purposes of this chapter. The rules and regulations shall be approved by the governor but shall not be subject to chapter 91 or require publication in order to be valid and binding upon al…

§352-5 Staff standards and training. The director shall establish written standards of conduct and operation to govern each staff member during working hours. New staff members shall undergo initial training to prepare them to comply with the standards. Attendance at periodic tra…

§352-5.5 Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible characters of staff members of the Hawaii youth correctional facility which shall include criminal history record checks in accordance with section 846-2.7.…

§352-6 Appropriation made out of general revenues. All appropriations for the director and for facilities under the control of the director shall be made from and out of any available moneys received from the general revenues of the State and not out of the special fund for the m…

§352-7 Records. The director shall establish a record of all facts relating to the admission, discharge, escape, death, medical history, programs, and significant occurrences concerning a committed person. An exact account shall also be kept of all moneys received for work perfor…

§352-8 Guardianship and custody of the person committed. (a) Notwithstanding any law to the contrary, the director shall be the guardian of every youth committed to or received at the Hawaii youth correctional facilities. The director shall have all the powers and duties of a nat…