Hawaii 2022 Regular Session

Hawaii House Bill HB187

Introduced
1/22/21  

Caption

Relating To The Detention Of A Minor In An Adult Jail Or Lockup.

Impact

The bill aims to ensure that minors are treated with greater sensitivity within the judicial system, promoting measures that prevent their exposure to adult offenders. By mandating court evaluations before a minor can be placed in adult detention, the bill aims to uphold the justice and safety of both the minor and the broader public. Furthermore, regular reviews every 30 to 45 days will provide continuing oversight of minors kept in adult facilities, thereby ensuring that their needs and circumstances are monitored appropriately and that their detention does not exceed 180 days without strong justification.

Summary

House Bill 187 seeks to amend the existing laws regarding the detention of minors in adult facilities in Hawaii. The bill stipulates specific conditions under which minors may be held in adult jails or lockups, emphasizing the prohibition of contact with adult inmates. Importantly, for a minor to be transferred to an adult facility, a family court must conduct a hearing to determine if it's in the interest of justice, taking into account various factors such as the minor's age, mental state, and the nature of the alleged offense. This legislative initiative is rooted in the effort to protect minors from the potentially harmful effects of being detained alongside adult offenders.

Contention

There may be points of contention surrounding this bill, particularly among stakeholders concerned with juvenile justice reform. Advocates for stricter detention policies could argue that allowing minors in adult facilities even under certain conditions may still pose risks to their welfare. On the other hand, supporters of the bill may emphasize the importance of maintaining judicial discretion when the safety or circumstances of the minor warrant it, contending that the bill carefully balances public safety with the need to protect the rights and well-being of young individuals in the judicial system.

Companion Bills

No companion bills found.

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