Hawaiʻi is poised to become one of the first states in the nation to require a judge to consider a child’s exposure to trauma before charging the youth as an adult.Senate Bill 2108, which would also bar minor victims of trafficking or sexual assault from being charged as adults for going after their abuser, is the state’s latest juvenile justice reform.The move reflects research that shows most youth in the criminal justice system have experienced significant trauma – something experts, judges and even wardens say can be better addressed through a more rehabilitative approach on the juvenile side rather than a punitive one on the adult side. Experts say that incarceration at restrictive facilities meant for adults and for lengthy sentences is rarely effective. “We send young people to adult court because we think it’s going to make us safer. In fact, it is probably making us less safe,” Jessica Feierman, chief legal officer at the Juvenile Law Center, a national group working on youth justice issues, said. “The adult court is not set up to provide the kinds of services and supports that will help young people to thrive.”
It’s rare for juveniles to be charged as adults in Hawaiʻi. Between 2014 and 2023, only 36 cases were moved from family court to adult criminal court through a process known as a waiver, according to the Attorney General’s Office. In 2022, the number was zero.
