Hawaii juvenile justice reform is advancing as lawmakers send a measure to the governor that would require judges to consider a child’s history of trauma before transferring a case to adult court.

Senate Bill 2108 would also prohibit charging minors who were trafficked or sexually abused as adults in cases where their abuser is the victim, according to advocates and state officials.

Backers say the change aligns with research showing most youth who encounter the justice system have significant trauma, and that rehabilitation through the juvenile system is more effective than lengthy, punitive adult sentences. “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,” said Jessica Feierman of the Juvenile Law Center, adding that adult courts are not structured to provide the services young people need.

Transfers to adult court are uncommon in Hawaii. From 2014 to 2023, only 36 cases moved from family court to adult criminal court through a waiver, the Attorney General’s Office reported.

In 2022, there were none. More recently, a handful of high-profile cases involved teens facing serious charges on Oahu and elsewhere.

It is not clear whether SB 2108 would have affected those prosecutions. Aside from the explicit protections for minors who were trafficked or sexually abused, the proposal preserves judicial discretion on whether to keep a case in family court or send it to adult court.

Only youths accused of the most serious offenses can be tried as adults, depending on age and charge. In many felonies, a youth must be 16 or older to be transferred.

For crimes such as kidnapping or first-degree sexual assault, or where serious bodily injury occurred or there is a record of serious prior offenses, the threshold can drop to 14. There is no minimum age for murder or attempted murder.

Adult sentences are far longer and public, which can carry lasting consequences after release. Youth tried as adults can also lose access to services more prevalent in juvenile facilities, such as mental health care and education.

Former family court senior judge Mark Browning called the decision to send a child to adult court among the hardest a judge faces, saying it can feel like giving up on the child.

Hawaii juvenile justice reform and trauma

Judges already weigh factors such as a youth’s amenability to rehabilitation, environment, and maturity, along with the seriousness, violence, or planning behind a crime and the involvement of adult co-defendants. Proponents of SB 2108 want a youth’s exposure to trauma placed squarely in that analysis.

The bill, spearheaded by the national group Human Rights for Kids, passed both chambers and now awaits the governor’s decision. He has until June 30 to signal any intent to veto.

Studies find that most justice-involved youth have endured adverse childhood experiences, including abuse or neglect, family or community violence, or household substance use.

A 2014 review of more than 64,000 juvenile offenders in Florida reported roughly 80% had experienced family violence and about 65% had an incarcerated household member. Only a small percentage reported no traumatic exposure.

“Children are just developmentally different from adults, and their criminal justice system really needs to respond to that accordingly,” said Teresa Kominos of Human Rights for Kids.

The bill drew no formal opposition, though the Honolulu Prosecutor’s Office questioned whether trauma clearly causes antisocial behavior and cautioned defendants could misrepresent their histories. Supporters counter that the measure does not excuse serious offenses.

Instead, it directs judges to assess whether trauma contributed to the conduct at issue. SB 2108 clearly states that minors cannot be charged as adults for acts where their abuser is the victim in cases of trafficking, sexual abuse, or rape.

According to Kominos, California is the only other state with a similar law. Some experts want more guidance on how courts should weigh trauma against factors like offense severity, warning that misapplication could result in harsher placements.

Browning said Hawaii’s family court already integrates trauma-informed practices, noting extensive judicial training and the state’s shift toward mental health, substance use treatment, and culturally grounded community programs that have reduced youth incarceration.

Other proposed changes

SB 2108 would refine how adult co-defendants factor into transfer decisions. Rather than presuming a case with an adult co-defendant should go to adult court, judges would be asked to determine whether the adult exerted pressure on the minor to participate.

The bill also removes the “once an adult, always an adult” clause that requires subsequent charges for a youth previously waived to adult court to also be handled in adult court. Advocates note about 30 states still have such provisions.

A companion effort, Senate Bill 2325, would have allowed people convicted as adults for crimes committed as minors to seek sentence review. That measure did not advance.

Mark Patterson, former administrator of the Hawaiʻi Youth Correctional Facility, said he worked to keep youth in juvenile custody even when charged as adults, so they could access treatment that addresses the root causes of their behavior.

He said unaddressed trauma tends to perpetuate harmful cycles, and that understanding what a child has endured is key to lasting change.

The measure’s progress comes as Hawaii child welfare systems face broader scrutiny and calls for reform. It also aligns with national conversations about trauma-informed practices in youth justice.

State officials say the governor’s office will review SB 2108 alongside other criminal justice measures this session. Any veto intent must be announced by June 30 under Hawaii’s constitutional timeline.

Advocates hope Hawaii’s approach can serve as a model for other jurisdictions. National organizations such as the Juvenile Law Center and Human Rights for Kids say they are tracking the bill’s outcome closely.