HB456 HD1

SECTION 1. The legislature finds that the overrepresentation of youth from the Native Hawaiian community, Pacific Islander communities, and communities of color across Hawaii's criminal justice system reflects intergenerational trauma, cultural dislocation, and risk factors associated with poverty.

The legislature also finds that adolescence is a period of risk-taking and experimentation, in which youth of all cultural backgrounds explore their place in society. The decisions made in this period of life have long-term implications for the health of individuals and the community. Risky behavior by youth from at-risk communities have particularly dangerous consequences, including a higher risk of mortality, poverty, chronic health issues, and suicide. These behaviors may also lead to incarceration and continued cycles of trauma.

Youth from all communities deserve a stable and well‑rounded upbringing. Best practices regarding youth from underserved communities who face negative risk factors and adverse childhood experiences suggest that culturally focused solutions have positive results. Longitudinal studies of youth from across the world that study resilience note the importance of healthy relationships and healthy experiences through the tumultuous years of adolescence.

The legislature also finds that numerous programs across the State that offer mentorship, sports, after-school programing, counseling, and friendship have made an impact in the lives of hundreds of children over decades of service. These programs have been adversely affected by the coronavirus disease 2019 pandemic. In addition, the privatization of many extracurricular activities has left many underserved youth without avenues to explore their roles in the community.

The legislature believes that youth deserve investment in both time and resources. The legislature also believes that investment in the activities of youth from the Native Hawaiian community, Pacific Islander communities, and communities of color, who are overrepresented in Hawaii's criminal justice system, is a matter of statewide concern.

The purpose of this Act is to increase funding to services and programs that support youth by establishing a grant program within the office of youth services, which is intended to decrease the overrepresentation of youth from the Native Hawaiian community, Pacific Islander communities, and communities of color across Hawaii's criminal justice system and address intergenerational trauma, cultural dislocation, and risk factors associated with poverty.

SECTION 2. Chapter 352D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§352D- Programs and entities supporting at-risk youth; grants. (a) The office shall administer a grant program, which shall provide grants to qualified programs and entities that support the State's youth; provided that the office shall give priority to programs that:

(1) Support youth from ethnic groups that:

(A) Are disproportionately represented in the Hawaii youth correctional facility, the State's overall prison or jail population, or the State's correctional system in general; or

(B) As shown by statistics, are at a disproportionately higher risk of mortality, poverty, chronic health issues, suicide, or other risk factors;

(2) Address the negative effects of adverse childhood experiences;

(3) Support rehabilitation as an alternative to incarceration for youth offenders; or

(4) Meet community needs identified pursuant to needs assessments or the community consultation described in subsection (c).

(b) In addition to the criteria established in subsection (a), the office shall also give priority to programs that obtain matching funds from non-state sources.

(c) Before awarding any grants pursuant to this section, the office shall solicit input from community partners to identify priorities and unmet needs. The office shall periodically solicit input to update the grant program's priorities.

(d) Subject to the availability of funds, grants may be:

(1) Awarded for a multi-year period, up to a maximum of five years; or

(2) If awarded on an annual basis, may be renewed annually up to a maximum of five years at the discretion of the executive director.

(e) Requests for grants shall be submitted to the office in accordance with administrative rules adopted by the department to administer the grant program. Each request shall at a minimum state:

(1) The name of the program or entity requesting grant funds;

(2) The expenses that are necessary for the program or entity to provide the service; and

(3) The population the program or entity serves.

(f) Each applicant for a grant shall provide proof that the applicant:

(1) Has United States citizenship or permanent United States resident alien status and is a resident of the State at the time of application;

(2) Is currently licensed or registered as a program or entity, or is an exempt provider approved by the department;

(3) Provides the activities at the time of application;

(4) Complies with all other federal, state, or county statutes, rules, or ordinances necessary to conduct the activities or provide the services for which a grant is awarded;

(5) Complies with all applicable federal and state laws prohibiting discrimination against a person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(6) Agrees not to use state funds for entertainment or lobbying activities;

(7) Allows the office, legislative committees and their staff, and the auditor full access to the applicant's records, reports, files, and other related documents and information for the purposes of monitoring, measuring the effectiveness of, and ensuring the proper expenditure of the grant;

(8) Is not a part of, owned or operated by, or owned or operated as a private educational institution;

(9) Satisfies any other standards that may be required by the source of funding; and

(10) Meets all other standards prescribed in rules adopted by the office to implement the grants awarded under this section.

(g) Every program or entity who, after meeting the requirements of subsection (f), receives grant funds from the department shall be required to provide the activity or services for .

(h) Every request for grant funds shall be submitted to the office on an application form provided by the office and shall at a minimum contain the information required by subsection (f). The office shall review each request to determine whether the applicant is eligible to receive grants funds and shall make a final decision on each request. The office shall inform each grant applicant of the disposition of the applicant's request. The office shall adopt rules to establish an appeals process for any denial of a request.

(i) The office shall not release the public funds approved for a grant under this section unless a contract is entered into between the office and the grant recipient. The office shall develop and determine, in consultation with and subject to review and approval of the department of the attorney general, the specific contract form to be used.

(j) Appropriations for grants made under this section shall be subject to the allotment system generally applicable to all appropriations made by the legislature.

(k) Every grant contract executed pursuant to this section shall be monitored by the office to ensure compliance with this section and shall be evaluated annually to determine whether the grant attained the intended results in the manner contemplated.

(l) Any grant recipient who withholds or omits any material fact or deliberately misrepresents facts to the office shall be in violation of this section and, in addition to other penalties provided by law, any recipient found to have violated this section or the terms of any contract executed pursuant to this section shall be prohibited from applying for any office grants for a period of five years from the date of termination.

(m) The office shall include information on the grant program in its annual report to the governor and the legislature submitted pursuant to section 352D-6(11), including a summary of the priorities identified pursuant to subsections (a), (b), and (c), a listing of grants awarded, and the programs supported by the grants.

(n) The office shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(o) For the purposes of this section:

"Grant" means an award of state funds to a specified recipient to support the activities of the recipient and permit the community to benefit from those activities.

"Private educational institution" means a non-public entity that provides:

(1) Educational services for any grades from kindergarten through grade twelve;

(2) Post-secondary education; or

(3) Pre-kindergarten level services,

that are provided by an entity that holds itself out to the public as a school or educational institution, or that are identified by the entity as educational services rather than solely as child care services.

"Recipient" means a program or entity receiving a grant."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish a grant program within the office of youth services.

The sums appropriated shall be expended by the office of youth services for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	456
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII