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HI HB1788
Bill
Status
1/17/2020
Primary Sponsor
Scott Saiki
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 571-32 to restrict room confinement of children in detention and shelter facilities to only temporary responses when behavior poses immediate danger to self or others, or child is an imminent escape risk.
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Requires exhaustion of less restrictive options (de-escalation, behavioral management, mental health intervention) before room confinement may be used, and limits confinement to the least time needed for the child to regain self-control.
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Caps initial room confinement at 3 hours, with extensions of no more than 3 hours only by on-call duty judge; requires family court hearing on next business day if confinement exceeds 3 hours and provides legal representation to the child.
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Mandates notification to senior judge, presiding judge, and deputy chief court administrator on the next business day; prohibits use for punishment, discipline, convenience, coercion, or due to staffing shortages.
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Requires rooms to have adequate lighting and ventilation, be clean and suicide-resistant, and ensures confined children maintain access to water, toilet facilities, hygiene supplies, meals, parent contact, education, and medical/mental health services with continuous staff monitoring.
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Requires annual reporting to judiciary on room confinement incidents including number of incidents, demographics of affected children, duration of confinements exceeding 3 hours, and alternative strategies attempted before confinement.
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Takes effect December 31, 2059.
Legislative Description
Relating To The Room Confinement Of Children At Detention And Shelter Facilities.
Judiciary Package
Last Action
Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Holt, Takayama excused (2).
2/14/2020