HRS § 571-48.5 Probation Supervision Requirements

• Library: Hawaii Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: HRS § 571-48.5

Every child placed on probation pursuant to section 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;

(2) A case plan, as defined in section 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 inperson 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;