Title 20, Social Services

[§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 w…

[§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 …

§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 conce…

[§352D-12] Safe spaces for youth program; establishment; reports. (a) There is established within the office of youth services a safe spaces for youth program, which shall provide, subject to the availability of funds, safe spaces in each county for youth and young adults experie…

[§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. Th…

§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 ha…

§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 …

§352D-4.3 Criminal history record checks. (a) Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office shall be required to agree to criminal…

[§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 th…

§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 …

§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 th…

§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 creat…

[§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 yo…

[§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…

§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 pro…

[§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 service…

[§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 depart…

[§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 ch…

§353-1.5 Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible characters of staff members, volunteers, contract service providers, and subcontract service providers of the State's correctional facilities, which shall i…

§353-10 Intake service centers. (a) There shall be within the department of corrections and rehabilitation, an intake service center for adults in each of the counties to screen, evaluate, and classify the admission of persons to community correctional centers. Each center shall …

§353-10.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The department of corrections and rehabilitation shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration. (b) Pretrial detainees may be c…

PART V. FEDERAL AND MILITARY PRISONERS, CUSTODY OF §353-101 Authorization to director of corrections and rehabilitation or the appropriate officer and the governor. The director of corrections and rehabilitation, or the appropriate officer with the approval of the governor, is au…

§353-103 Validity of existing contracts. All existing contracts with the federal government relating to imprisonment, subsistence, care, and proper employment of federal and military prisoners are hereby ratified by the State and shall continue in effect until they expire by thei…

§353-11 Access to correctional facilities and records; instituting of inquiries and securing information. (a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout the State, wherein…

§353-11.5 Restricted access to correctional facilities. (a) Except for the director and employees of the department of corrections and rehabilitation, members of the Hawaii paroling authority, and those persons specified in section 353-29, no person shall enter or remain on the g…

§353-12 Correctional records, documents. The director shall establish a record of all facts relating to the admission, sentence, commutation, parole, pardon, discharge, escape, death, and correctional programs of any committed person, all actions that are taken for breach of corr…

§353-12.5 Public assistance; inmates; monthly reports to department of human services. Beginning January 31, 2010, to assist the department of human services to enforce section 346-29(b), the director shall prepare and transmit to the department of human services monthly reports …

[Part VI.] pregnant offenders; restraints [§353-121] Definitions. As used in this part: "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.…

[§353-122] Limitation on use of restraints. (a) While transporting, no restraints of any kind may be used on any committed female: (1) During the third trimester of her pregnancy; (2) During postpartum recovery; or (3) During any portion of her pregnancy, if her physician so orde…

[§353-123] Enforcement. (a) The director shall provide information relating to the requirements of this part to all medical and nonmedical staff and correctional personnel who are involved in the transportation or supervision of female offenders who are pregnant or in postpartum …

§353-13 Examination by medical officer. The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein a statement of the committed person's physical condition upon entry and all su…

§353-13.1 Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates. (a) The department of corrections and rehabilitation may develop policies and procedures governing the assessment of fees upon detainees and committed persons who …

[§353-13.3] Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]

§353-13.4 Substance abuse testing of inmates. (a) When an inmate under the custody of the department of corrections and rehabilitation is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as pr…

[§353-13.5] Election of private medical or psychological care by prisoners. The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the departm…

§353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a dan…

§353-13.7 Initiation of proceeding for involuntary medical treatment. (a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment u…

§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and …

§353-13.9 Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify either the person's legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or …

[PART VII.] AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM §353-131 Definitions. For purposes of this part: "Offender" means a person in the custody of the department of corrections and rehabilitation or the Hawaii paroling authority but does not include juveniles under the…

[§353-132] System; requirements. (a) The department shall establish a statewide automated victim information and notification system to: (1) Automatically notify a registered victim or concerned member of the community, via the person's choice of telephone, text message, or elect…

[§353-133] Satisfaction of victims' rights to notification. Participation in the system and making offender data available on a timely basis to the system shall be deemed to satisfy the obligations of: (1) The department to notify the victim of changes in the offender's custodial…

[§353-134] Compliance by department; no cause of action. The department shall ensure that the offender information contained within the system is updated on a regular basis sufficient to timely notify a victim or a concerned member of the community of the offender's release, disc…

[§353-135] Law enforcement cooperation. The attorney general, and the chief of police and prosecuting attorney of each county, shall cooperate with the department in establishing and maintaining the system. [L 2012, c 190, pt of §1]

[§353-136] Automated victim information and notification system special fund; authorization of payment. (a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. Interest and…

§353-137 Automated victim information and notification system governance committee. (a) There is established within the department of corrections and rehabilitation, an automated victim information and notification system governance committee. The members of the governance commit…