I. The Honolulu Police Department (HPD) is committed
to perpetuating programs designed to prevent and
control juvenile delinquency, abuse, and neglect and
to encourage the rehabilitation of delinquent juveniles.
II. When it is appropriate to do so in handling
juvenile offenders, officers shall use the least
coercive action among reasonable alternatives
while preserving public safety, order, and individual liberty.
DEFINITIONS
Booking report: An arrest report in the
Case Report System (CRS) used to record
the arrest of a suspect.
Criminal act/offense: Any act that is
classified as a petty misdemeanor, misdemeanor, or felony.
Protective custody: Legal status of a
youth whose physical custody is retained by a police officer.
Secure detention: Physical confinement
in a locked room or cell or being handcuffed
to a stationary object. Includes facilities
with construction fixtures designed to
physically restrict the movements and
activities of juveniles held in lawful custody in such a facility.
Serious juvenile offender (SJO): A juvenile
who has been arrested and charged for five
or more class B or C felonies or at least one class A felony.
Status offender: A youth under the age of
18 who commits an act that, if committed by
an adult, would not constitute a crime.
Includes (but is not limited to): runaway,
truancy, curfew, beyond parental control,
and injurious behavior/incorrigible.
Exception: curfew applies to a youth under the age of 16.
The Honolulu Police Department (HPD) is committed
to perpetuating programs designed to prevent and
control juvenile delinquency, abuse, and neglect
and to encourage the rehabilitation of delinquent juveniles.
When it is appropriate to do so in handling
juvenile offenders, officers shall use the
least coercive action among reasonable
alternatives while preserving public safety
and order and individual liberty.
POLICE JURISDICTION
A. Youths under the age of 18 who are
alleged to have committed an act that
constitutes an offense or attempted
offense against any federal, state,
or local law/ordinance.
B. Status offenders.
C. Youths in need of protective custody.
D. Youths who commit offenses on military
bases–only if assistance is requested by
the military authorities. See section XI below.
PROTECTIVE CUSTODY INVOLVING MINORS
A. If a youth is found to be neglected,
abused, and/or abandoned, the police officer shall:
1. Verify the youth’s identity;
2. Determine that the youth is a victim
as well as a minor (under the age of 18);
3. Complete a police report; and
4. Obtain a State of Hawaii Department of
Human Services Protective Custody Form
from the assigned Child Welfare Services
Unit (CWSU) worker and document the details of the case.
B. The officer and CWSU worker shall each
sign the form after it is completed. The
officer shall attach the form to the police report.
C. The officer shall take the youth into
protective custody but shall not initiate any booking.
D. The officer shall immediately release
the youth to the CWSU with a copy of the completed reports.
APPREHENSION
A. A police officer may take a youth into
custody when there are reasonable grounds
to believe that the youth has committed
an act that puts him or her in one of the
categories listed in section II above.
Alternatives to apprehension may be used
if appropriate (see section V).
B. A police officer may take a youth into
custody when there are reasonable grounds
to believe that the youth has violated a
court order, probation, or protective supervision.
C. A police officer may take a youth to a
police station for questioning and investigation
when there are reasonable grounds to do so.
When doing so, the officer shall transport
the youth without delay to the station.
D. In incidents where a juvenile is positively
identified as a suspect in a documented crime,
the complainant desires prosecution, and there
is probable cause, the juvenile shall be arrested.
Criminal cases involving juvenile offenders shall
not be referred to the prosecutor’s office in lieu
of an arrest with the exception of section V of this directive.
E. APPREHENSION IN THE EDUCATIONAL SETTING
A police officer shall be sensitive to the
age of the youth and the circumstances
surrounding the incident when faced with an
apprehension situation on school grounds
(or in the educational setting) during school hours.
1. The officer shall consider any and all
information given to them by educational
professionals, teachers, or mental health
providers about any disabling conditions
and behavioral disabilities before determining
whether a youth will be apprehended.
2. The officer’s supervisor shall be consulted
and briefed on any facts and circumstances
before an apprehension is made.
3. The officer shall ensure and document that
every effort is made to notify the youth’s
parents or guardian before a youth is apprehended
unless mitigating circumstances make it impracticable to do so.
E. If a youth is ill or seems mentally disturbed,
refer to section IX of this directive.
F. If a youth is ill or seems mentally disturbed,
refer to section IX of this directive.
ALTERNATIVES TO APPREHENSION
A. A police officer dealing with juveniles
in an enforcement capacity shall exercise
reasonable discretion with regard to appropriate
actions. Alternatives to apprehension that
may be considered by the officer include the following:
1. Releasing the juvenile with no further action;
2. Verbally warning the juvenile;
3. Counseling the juvenile regarding the
consequences of his or her actions;
4. Consulting with and arranging for corrective
actions by a parent or guardian;
5. Dropping charges at the request of the complainant; or
6. Issuing citations for firework and park closure violations.
B. In incidents where property damage or
personal injury is not involved but intervention
is necessary to avoid future delinquent actions
and the youth has had no prior enforcement contact
with the police, it may be appropriate to consider
(1) release without further action or following
informal counseling or (2) referral to parents.
ARREST PROCESS (BOOKING)
A. Regardless of the offender’s age at the
time of arrest, if the offense was committed
when the arrestee was under the age of 18
and there is no waiver from the Family Court,
he or she shall be processed as a juvenile.
In all cases, the constitutional rights of
a juvenile shall be protected.
B. A youth who is waived by the Family Court
to the Circuit Court shall be processed as:
1. A juvenile, if the offense was committed
before the date of the waiver; or
2. An adult, if the offense was committed
on or after the date of the waiver.
C. The arresting officer shall notify a
parent or guardian of any arrest, including
all field arrest processes.
D. No adult arrestee or detainee may be
within sight or sound of a juvenile at any time.
E. An electronic Booking Report, HPD-525
form, shall be completed for all arrests.
The HPD-525 form shall not be used as the key report.
F. A juvenile offender who has committed a
criminal offense and is 12 years or older
shall be fingerprinted and photographed in
compliance with sections 571-74 and 571-84
of the Hawaii Revised Statutes. Juvenile
offender fingerprints shall be sent to the
Identification Section of the Records and
Identification Division.
Note: A status offender shall not be
fingerprinted or photographed.
G. A computer inquiry shall be made for
any outstanding warrants and letters of
apprehension/detention and to determine
disposition based on the juvenile’s history.
H. Evidence shall be processed in the
same manner as in an adult case.
I. For juvenile arrests, original supplemental
documents and/or attachments shall be scanned
and uploaded to the CRS, in accordance with
Policy 8.06, POLICE REPORTS. After the documents
and/or attachments have been scanned and uploaded
to the CRS, the originals shall be forwarded to
the Records and Identification Division.
J. Supervisors approving juvenile arrest
reports shall mark the case as “inactive” in
order for notification to be sent to the
Community Affairs Division.
DISPOSITION OF JUVENILES
A. Refer to Attachment 1 for the summary
table of juvenile dispositions.
B. A status offender shall not be held
in secure detention and shall be released
immediately after processing to a parent,
guardian, responsible adult, or an approved
juvenile facility.
C. A nonstatus offender may be held in secure
detention in the juvenile section of the
station at which he or she was processed until
released to a parent, guardian, or responsible adult.
1. Juvenile Secure Detention Log
a. A juvenile secure detention log sheet
shall be completed for each offender held in secure detention.
b. The condition of each juvenile detainee
held in secure detention shall be checked
at ten-minute intervals, and his or her
condition shall be documented on the juvenile
secure detention log.
c. The completed juvenile secure detention
log shall be forwarded with the arrest report
to the Records and Identification Division.
2. Secure detention in a police facility is prohibited:
a. For status offenders;
b. Within sight and sound of an adult detainee;
c. If it is being used as a punitive measure;
d. If it is for the convenience of the investigator; and
e. For longer than six hours. The six hours
shall begin upon a juvenile’s entrance into
the sally port or any other area restricted
from the public (e.g., parking lot) and end
when the person is transported to a juvenile
detention facility or released to a parent or guardian.
D. Confinement in Adult Detention Block
No juvenile detainee may be confined in an
adult detention block unless the Family Court
has waived jurisdiction over the juvenile.
E. Juvenile Offenders Who Cannot Be Detained
at the Kapolei Juvenile Detention Facility
1. A youth under the age of 12, except under
section VII F 1 below.
2. A parolee, furloughee, or escapee from
the Hawaii Youth Correctional Facility.
(Detention shall be in the juvenile section
of the police detention block until a Hawaii
Youth Correctional Facility official claims custody.)
3. A neglected, abused, abandoned, and emotionally disturbed youth.
4. A status offender, except under section VII F 4 below.
F. Juvenile Offenders Who Can Be Detained at the
Kapolei Juvenile Detention Facility
1. An offender who is less than 12 years of age,
if there is authorization from a Family Court judge.
2. One who is classified as an SJO.
3. One who is arrested and charged with a
criminal offense. All appropriate paperwork
and required medical clearances for any
apparent injuries or illness shall accompany the offender.
4. A status or criminal offender, if there
is a letter on file from the court or probation
officer that authorizes apprehension/detention.
G. Transportation to Juvenile Service Provider Facility
After the juvenile is processed, a transporting
officer from the district where the arrest was
made, shall take the juvenile and the necessary
paperwork to the appropriate juvenile service
provider facility.
INVESTIGATION OF CRIMINAL OFFENSES
A. Petty Misdemeanors and Misdemeanors
Any required investigation shall be
conducted by the appropriate patrol district.
B. Nondrug Felony Offenses
The arresting officer shall refer all nondrug
felony cases to the appropriate investigative element.
C. Felony Drug Offenses
The arresting officer shall refer all drug-related
felony cases to the Narcotics/Vice Division.
D. Investigative Reports
At the conclusion of the criminal investigation,
copies of the Booking Report and accompanying
reports shall be distributed according to the
summary table of juvenile dispositions in Attachment 1.
SPECIAL CIRCUMSTANCES
A. Ill or Injured Youth
1. Refer to the section on minors in Policy
4.22, MH-1: APPLICATION FOR EMERGENCY
EXAMINATION AND HOSPITALIZATION.
2. The youth’s parent or guardian shall be
contacted immediately.
3. No officer shall sign any admittance or
other hospital document that may place
financial responsibility on the HPD or the city.
B. Field Arrest Processing of Juveniles
A field arrest process may be performed
under the circumstances listed below,
provided that there is no outstanding
warrant or letter of apprehension or detention on file.
1. When a truant returns to school on his
or her own. A police officer shall contact
a parent or guardian; or
2. When a runaway returns home on his or her own.
WARRANTS
A. Family Court
An arrest warrant may be issued by a
Family Court judge for a juvenile who
is in violation of any provision of the Family Court.
B. District Court
1. Service shall be completed for any
arrest warrant issued by a District Court.
If it is later determined that the arrestee
is a juvenile:
a. The case shall be deleted from the Central
Receiving Division’s (CRD) district court calendar; and
b. No bail shall be required. The
juvenile shall also be released to a
parent, guardian, or responsible adult
and the case shall be forwarded to the
Family Court or prosecutor.
The juvenile may be detained at the Kapolei
Juvenile Detention Facility if a parent or
guardian declines custody or cannot be located.
2. If a juvenile offender fails to respond
to a traffic citation or a penal summons,
a District Court judge may issue a bench
warrant of arrest and set bail.
a. The juvenile shall be arrested and processed for contempt.
b. The juvenile shall be released only to
a parent, guardian, or responsible adult
or shall be transported to the Kapolei
Juvenile Detention Facility.
c. If the juvenile is transported to the
Kapolei Juvenile Detention Facility, the
parent or guardian must pay the bail at
the CRD, obtain a receipt, and then accept
custody of the juvenile at the Kapolei
Juvenile Detention Facility.
ARRESTS FOR OFFENSES OCCURRING ON MILITARY INSTALLATIONS
Offenses that occur on military installations may
be investigated by the military. The military has
the first right of refusal concerning investigations
involving juvenile offenders on military installations.
In cases where military authorities wish to refer
juvenile offenders to the HPD for investigation and
disposition, the responding officer shall handle the
investigation in accordance with this directive.
How cases are handled will depend on the seriousness
of the offense and the need to have the juvenile charged
immediately. In those cases, the HPD will provide
assistance to military authorities.
In other cases, military authorities may wish only to determine if a juvenile in their custody is wanted by civil authorities. If a juvenile in military custody is wanted by civil authorities, the HPD will provide assistance.
CONFIDENTIALITY
A. HPD personnel shall not release the
name of any juvenile who has been apprehended
or taken into protective custody unless so
ordered by a Family Court judge.
B. Fingerprints, photographs, and criminal
history files of juvenile offenders shall
be maintained in a file that is separate
from the adult file to ensure security and confidentiality.
Only authorized law enforcement personnel
may have access to these files and only
after following proper procedures.