2023 Hawaii Revised Statutes
Title 20. Social Services
352. Hawaii Youth Correctional Facilities
352-25 Furlough, parole, discharge.

§352-25 Furlough, parole, discharge. (a) The director, for good reasons shown to the director's satisfaction, may furlough or parole any person committed to the director's custody. The director shall give the court and the prosecutor's office of the appropriate county a thirty-day notice prior to discharging a committed person. Prior court approval shall be obtained when such is specifically required in the commitment order.

No furlough, parole, or discharge shall be granted unless it appears to the director that there is a reasonable probability that the person will not violate the law and that the person's release is not incompatible with the welfare and safety of society.

(b) When granting parole, the director shall consider whether:

(1) The results of a risk and needs assessment indicate the person is at a lower risk to reoffend;

(2) The person has substantially complied with the facility rules and has had no significant misconduct in the prior two months;

(3) The person has demonstrated efforts toward rehabilitation;

(4) The person is likely to follow the reentry plan established pursuant to section 352-8.5; and

(5) A home visit has been completed and the living situation upon parole is determined to be safe and conducive to rehabilitation.

The form of furlough or parole may include return to the person's own home, transfer to another youth correctional facility, a group home or foster home placement, or other appropriate alternative. Nonresidential programs may be made available to selected persons on furlough such that they return to the facility during nontreatment hours.

(c) The director shall submit an annual report to the board of family court judges and the Hawaii juvenile justice state advisory council. The report shall include the number of persons committed to the director's custody who are not serving a concurrent term of probation, the number of those persons who were granted parole in the previous year, the length of the parole term for each paroled person, and the number of persons on parole who return to the Hawaii youth correctional facilities for any reason. [L 1980, c 303, pt of §8(1); am L 1990, c 92, §2; am L 1997, c 325, §2; am L 2014, c 201, §4]

Note

The 2014 amendment applies to delinquent behavior committed on or after July 1, 2014. L 2014, c 201, §21.