Report Title:

HYCF; Emergency Appropriation

Description:

Emergency appropriation to ensure that funding for the operations of the Hawaii Youth Correctional Facility (HYCF) is maintained through the end of FY 2005-2006. (HB2371 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2371

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

MAKING AN EMERGENCY APPROPRIATION FOR THE HAWAII YOUTH CORRECTIONAL FACILITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii.

SECTION 2. Act 178, Session Laws of Hawaii 2005, appropriated $6,278,187 to the department of human services (DHS), office of youth services (OYS) to operate the Hawaii youth correctional facility (HYCF) for fiscal year 2005-2006. A critical funding emergency exists regarding the on-going operations of HYCF.

On August 4, 2005, the United States Department of Justice (DOJ) issued a findings letter concerning its investigation of the conditions at HYCF. In the findings letter, DOJ concluded that the State failed to protect confined juveniles from harm, provided inadequate access to mental health and medical care, and provided inadequate access to education instruction for youth with disabilities.

Effective on February 9, 2006, DOJ and the State entered into a memorandum of agreement to settle the issues identified in the August 4, 2005, findings letter. The State agreed to take substantive remedial measures in the areas of protecting confined juveniles from harm, training HYCF staff, providing confined juveniles with access to medical and mental health care, and providing confined juveniles with access to special education services. The State also agreed to document its compliance with the provisions of the memorandum of agreement, to implement a quality improvement program, and to engage a federal monitor.

To comply with the memorandum of agreement, OYS must reform HYCF's policies and procedures to ensure that daily practices, reporting, and monitoring by direct care and support staff reduce the likelihood of suicide, self harm, staff abuse, and juvenile-on-juvenile assaults. OYS must also develop and implement a training program for HYCF staff on the reformed policies and procedures. To improve access of confined juveniles to medical and mental health care, OYS must improve interdisciplinary communication among medical and mental health staff, including department of health (DOH) staff, and develop a centralized management system to make key information on confined juveniles reasonably available to medical and mental health care staff. To improve access of confined juveniles to special education services, OYS must collaborate with the department of education (DOE) to provide special education, vocational education, and section 504 educational services within a reasonable time following intake at HYCF. As part of the memorandum of agreement, OYS must document and report on improvement efforts to DOJ and to the federal monitor.

To make the required improvements, OYS has, through an interagency personnel act exchange with the juvenile justice division of the federal Bureau of Prisons, engaged a chief technical advisor to the HYCF administrator. In addition, OYS has procured one consultant and seeks to procure the services of a team of four other consultants with expertise in key areas to work with HYCF project teams on memorandum-required improvements. OYS will seek to engage a clinical director to assist with interdepartmental program coordination and in-facility service improvement, as well as a training specialist to develop and implement the required training plan for HYCF staff, volunteers, HYCF contractual employees, and appropriate OYS employees. To satisfy the requirements of the memorandum of agreement with DOJ, OYS will incur these and other costs, including:

(1) The competitive procurement of parole services to improve efforts to reintegrate confined juveniles back into their communities;

(2) The annual subscription for participation in the performance-based standards program to track improvements and compliance with reformed policies; and

(3) Printing of training manuals and materials.

DOH provides mental health services at HYCF. For the State to meet its commitments under the memorandum of agreement, DOH will require additional personnel to provide timely suicide risk assessments and evaluations, improved mental health care plans, monitoring of all confined juveniles for need for mental health services, training of HYCF staff on identifying juveniles at risk of suicide and suicide precautions, substance abuse counseling, quality assurance, and compliance monitoring.

Likewise, DOE provides educational services at HYCF. For the State to meet its commitments under the memorandum of agreement, DOE will require additional funding and personnel.

The purpose of this Act is to appropriate additional general fund moneys and authorize additional permanent and temporary positions to permit HYCF to carry on its ongoing operations and to allow DHS, OYS, DOH, and DOE to comply with the State's obligations under the memorandum of agreement with DOJ.

SECTION 3. Act 178, Session Laws of Hawaii 2005, is amended by adding a new section to part III to read as follows:

"SECTION 40.1. Provided that of the temporary youth correctional officer positions authorized to be funded by the general fund appropriation for youth residential programs (HMS 503), nineteen positions shall be made permanent."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for the department of human services to carry out the purposes of this Act, including the addition of nine permanent and seven temporary positions (HMS503 – youth residential programs) and other expenses.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for the department of health to carry out the purposes of this Act, including the addition of seven temporary positions (HTH460 – child and adolescent mental health) and other expenses.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for the department of education to carry out the purposes of this Act, including the addition of permanent and temporary positions (EDN – ) and other expenses.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. Any provision of this Act to the contrary notwithstanding, the appropriations authorized under this Act shall not lapse at the end of the fiscal year for which the appropriations were made. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2007, shall lapse.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.