§352-8 Guardianship and custody of the person committed. (a) Notwithstanding any law to the contrary, the director shall be the guardian of every youth committed to or received at the Hawaii youth correctional facilities. The director shall have all the powers and duties of a natural guardian of the youth; provided that the director shall not be liable in damages for the tortious acts committed by the youth.
(b) The director shall have custody of any committed person who is eighteen years of age or older for the period provided for by the court. [L 1980, c 303, pt of §8(1); am L 2004, c 161, §36]
Case Notes
State has duty to exercise reasonable care in its supervision of persons committed to its custody. 61 H. 369, 604 P.2d 1198 (1979).
Structure Hawaii Revised Statutes
352. Hawaii Youth Correctional Facilities
352-3 Contracting with private agencies for residential youth facilities.
352-5 Staff standards and training.
352-5.5 Criminal history record checks.
352-6 Appropriation made out of general revenues.
352-8 Guardianship and custody of the person committed.
352-8.5 Reentry plans; notification.
352-10 Circuit court disposition of offenders under eighteen years.
352-11 Commitments directed, how.
352-12 Segregation of committed persons.
352-13 Evaluation, counseling, training.
352-14 Educational programs provided by the department of education.
352-15 Recreational and program activities.
352-16 Establishment of work release.
352-17 Compensation in facilities.
352-18 Establishment of trust accounts.
352-19 Withdrawals from accounts.
352-20 Disposition of inactive accounts.
352-21 Youth correctional facilities' benefit fund; disposition of income.
352-22 Periodic reexamination of status of persons committed to the department.
352-23 Community services program.
352-23.5 Gender-responsive, community-based programs for female adjudicated youth.
352-24 Juvenile parole program.
352-25 Furlough, parole, discharge.
352-26.1 Public disclosure of information upon escape.
352-27 Harboring or concealing a person away from custody assigned by competent authority.
352-29 Termination of director's right to supervise person.
352-30 Delegation of responsibilities.
352-32 Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority.