Every child placed on probation pursuant to section informal adjustment or diversion to a private or community agency or program has not been effected” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>571-48(1)(A) shall be supervised in accordance with the following requirements:

(1) Supervision levels, frequency of contacts with probation officers and the court, and referrals to treatment and programs under section 571-31.4(c)(7) shall be established using, among other factors, the results of the risk and needs assessment conducted pursuant to section 571-45;

Terms Used In Hawaii Revised Statutes 571-48.5

  • Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
  • Case plan: means a plan designed to ensure that a child on probation receives services and programming to achieve rehabilitation, proper care, and case management. See Hawaii Revised Statutes 571-2
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home visit: means an announced or unannounced visit to a child's place of residence, conducted by the child's probation officer. See Hawaii Revised Statutes 571-2
  • Informal adjustment: means the effort by intake officers, the courts, or others to provide a child referred to them or brought before them, and where appropriate that child's family, opportunity and aid before and in lieu of formally processing the child under this chapter. See Hawaii Revised Statutes 571-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: means a legal status created by court order following adjudication in a case involving a violation of law whereby a minor is permitted to remain in the minor's home or in a community residential or nonresidential program subject to supervision by the court or an agency designated by the court and subject to return to the court for violation of probation at any time during the period of probation. See Hawaii Revised Statutes 571-2
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Risk and needs assessment: means a determination, based on an actuarial tool validated on Hawaii's juvenile justice system-involved population, of specific factors that predict a child's likelihood of recidivating and criminogenic factors that, when properly addressed, can reduce the likelihood of recidivating. See Hawaii Revised Statutes 571-2
(2) A case plan, as defined in § 571-2, shall be developed for each child and submitted to the court. The case plan shall be developed in consultation with the child and the child’s parent, legal guardian, or custodian. The probation officer assigned to each child shall keep the child’s parent, legal guardian, or custodian informed regarding development of and progress toward the case plan, the child’s conduct, compliance with the conditions of probation, and any other relevant matter in the child’s case;
(3) A child whose probation term and case plan require in-person visits with a probation officer shall receive at least one home visit; provided that the first visit shall take place within forty-five days of the child’s placement on probation; provided further that a home visit shall not be required when the probation officer has reasonable perceptions of risks to the probation officer’s safety due to known factors of violent criminal activity or isolation of the child’s place of residence. The probation officer shall immediately report any reasonable perceptions of risks to a supervisor and may receive permission to waive the home visit requirement for the child or to conduct the home visit accompanied by another;
(4) Probation officers shall have the authority to impose graduated sanctions in response to a violation of the rules and conditions of probation, as an alternative to judicial modification or revocation pursuant to section 571-50, or to award incentives or rewards for positive behavior exhibited by the child. The graduated sanctions and incentives shall be established as follows:

(A) The judiciary shall adopt guidelines and procedures for the development and application of a statewide graduated sanctions and incentives system in accordance with this section, and the deputy chief court administrator in each judicial circuit, or the administrator’s designee, shall adopt policies or procedures for the implementation of the adopted graduated sanctions and incentives system to guide probation officers in imposing sanctions and awarding incentives;
(B) The system shall include a series of presumptive sanctions for the most common types of probation violations but shall allow for a child’s risk level and seriousness of violation to be taken into consideration. The system shall also identify incentives that a child may receive as a reward for compliance with the rules and conditions of probation, completion of benchmarks, or positive behavior exceeding expectations, at the discretion of the probation officer;
(C) The system shall be developed with the following objectives:

(i) To respond quickly, consistently, and proportionally to violations of the rules and conditions of probation;
(ii) To reduce the time and resources expended by the court in responding to violations with judicial modification;
(iii) To reduce the likelihood of a new delinquent act; and
(iv) To encourage positive behavior;
(D) At a child’s first meeting with a probation officer after being adjudicated and disposed to a probation term, the probation officer shall provide written and oral notification to the child regarding the graduated sanctions and incentives system to ensure the child is aware of the sanctions and incentives that may be imposed or rewarded;
(E) When issuing a sanction or incentive, the probation officer shall provide written notice to the child of the nature and date of the relevant behavior, the sanction or incentive imposed or rewarded, and, in the case of sanctions, any applicable time period in which the sanction will be in effect or by which corrective behavior must be taken. The probation officer shall provide this information to the court at the next regularly scheduled review hearing and inform the court of the child’s response to the sanction or incentive; and
(F) Each administrator of the juvenile client services branch in each judicial circuit shall report annually to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and the per cent of children on probation who received a graduated sanction or incentive, the types of sanctions and incentives used, and the child’s current probation status.
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