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HI HB1788

Bill

Status

Introduced

1/17/2020

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Finance2/14/2020
Judiciary1/31/2020
Human Services & Homelessness1/21/2020

Full Bill Text

No bill text available