Unbalanced Youth Justice

The Burns Institute is in pursuit of an equitable and excellent youth justice system. A system used sparingly and appropriately.  We know that our current youth justice system is not equitable, excellent, or used sparingly and appropriately. More than 47,000 youth were incarcerated on any given night in 2015, most (73 percent) for non-violent offenses. The majority (69 percent) of those incarcerated were youth of color.  Learn more »

Use the tools below to explore this issue »

One-day count

Data in this section show how many youth are detained, committed, or otherwise sleeping somewhere other than their homes per orders of the court on "any given day" in select years. Data is available for the nation and on a state-by-state basis, and are based upon one-day counts of youth in residential placement facilities conducted in 1997, 1999, 2001, 2003, 2006, 2007, 2010, 2011, 2013, and 2015. Learn more »

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Year White Black Latino Native American Asian Other All youth of color All youth

Annual decision points

This section includes data at nine key juvenile justice annual decision points. Data are available at the county and state-level, but only for counties that report. This section allows you to view the data from many different angles and all of the data is broken down by race and ethnicity. Learn more »

Year

Data not available for every year. (Why?)

Available years are those for which states have submitted data to OJJDP. States do not submit data on an annual basis.

Case flow diagram

Click on a decision-making point to see the data for that point. Click additional decision-making points to the graph to compare.

  1. Youth population

  • 1Comparison of arrest to population is rate per 1,000 youth. All other annual decision points are rate per 100 youth at the prior decision-making point.
  • 2Due to differences in how states define arrests and referrals to court, some states may have more referrals to court than arrests.
Show table and download this data

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Decision White Black Latino American Indian or Alaskan Native Hawaiian or Pacific Islander Asian Other All youth of color All youth

5 of 5 counties (Why?)

Originally, states were only required to examine three counties: those with the greatest proportions of minority youth within their juvenile population, as well as those that contained the greatest numbers of minority youth. Only recently has OJJDP required that states track DMC data for all potential DMC reduction sites on a regular basis (at least every 3 years). If a county is not a DMC reduction site, data may not be available.

Detention statute

Juvenile courts may hold delinquents in a secure detention facility if the court believes it is in the best interest of the community or the child. After arrest a youth is often brought to the local juvenile detention facility by law enforcement. Juvenile probation officers or detention workers review the case and decide if the juvenile should be held pending a hearing by a judge.

Jurisdiction ages

  • 0–17
  • Extended Age of Delinquency Jurisdiction: Until full term of dispositional order

Age of Detention

Until the age of 19

Standard for detention

HRS § 571-31

(b) When an officer or other person takes a child into custody the parents, guardian, or legal custodian shall be notified immediately. The child shall be (1) released to the care of the child's parent or other responsible adult; (2) referred or delivered to the court or other designated agency with or without simultaneous release to parent or other responsible adult; or (3) taken directly to a detention facility, if the child's immediate welfare or the protection of the community requires it, or the child is subject to detention for violation of a court order of probation or protective supervision.

HRS § 571-31.1

(a) As used in this chapter, "protection of the community‚" means there is a threat to, and a necessity to protect, the person or property of others from:

(1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or

(2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and

(A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and

(B) Previous control measures have failed.

(b) As used in this chapter, "immediate welfare‚" means:

(1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition;

(2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger;

(3) No other secure facility is appropriate and available.

(c) In determining whether the immediate welfare or the protection of the community requires a minor's detention, an officer or other person may take into consideration the following, among other pertinent factors:

(1) The severity of the violation or violations which the child is reasonably believed to have committed;

(2) The frequency with which the child is reasonably believed to have committed such or other violations;

(3) The child's age, character, physical, and mental health;

(4) The interpersonal relationships between the child, the family, and the community; and

(5) Any previous history of referrals to the court.

Detention hearing timeline

Haw. Rev. Stat. § 571-32.

Without unnecessary delay.

Contact

Please email Anna Wong with any updates to contact information for your DMC coordinator, JJS coordinator, or DMC subcommittee chair.

DMC coordinator

Cynthia Pierce
cpierce@dhs.hawaii.gov
808-587-5718

JJS coordinator

Cynthia Pierce
cpierce@dhs.hawaii.gov
808-587-5718

DMC subcommittee chair

Tai-an Miao
taian.miao@gmail.com

Reform efforts

States that wish to post their most recent three-year plans or share other relevant publications about their reform work should contact Anna Wong. We would be happy to link to relevant documents and information.

State plan

There is no link available to the current State Plan

The most recent report available was the 2012 report 

State Advisory Group (SAG)

One of the primary responsibilities of the Hawaii Juvenile Justice State Advisory Council (JJSAC) is to monitor and ensure that the four federal mandates, as defined by the JJDP Act, are addressed.These mandates include the deinstitutionalization of status offenders (DSO), jail and lockup removal (JLR), sight and sound separation (SSS), and disproportionate minority Confinement (DMC). Other responsibilities include the development and review of Hawaii's State Plan, and the review of grant applications submitted for funding with OJJDP funds. Mission Statement of JJSAC: To advise government and local communities to ensure effective service provision and development of policies that improve the juvenile justice system, advocate for delinquency prevention and guide Hawaii's youth in becoming productive community members.

SAG chair

Melinda Montgomery
Community Based Program-Hale Kipa, Inc.
mmontgomery@halekipa.org
Website

Organizational structure

The Hawaii Juvenile Justice State Advisory Council (JJSAC) is a Governor-appointed advisory group concerned about youth involved, or at-risk of being involved, in the juvenile justice system. The JJSAC advises the Governor, Legislature, and Office of Youth Services (OYS) on the formulation of policies to improve the overall effectiveness of the juvenile justice system and address juvenile justice issues. The JJSAC oversees the implementation of the Juvenile Justice and Delinquency Prevention (JJDP) Act federal grant programs which are administered by the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP).

Committees

Executive, Compliance, Ethnic and Cultural Diversity (ECD) and Prevention

Membership

There is no membership information available at this time.

About the data

Our website is populated by data provided to us by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Continue reading for details about the One-day count and Annual decision points data.

Download

Complete downloads of the data are available in several formats:

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Each table of data is also available for download. Click Show table below any table to download just the data shown.