Disproportionate Minority Contact in

the Hawaii Juvenile Justice System &

Profile of Adjudicated Youth
Study commissioned by the State of Hawaii,
Juvenile Justice State Advisory Council
Study conducted by Karen Umemoto, Ph.D.,
Tai-An Miao, M.U.R.P., and Jim Spencer, Ph.D.
at the University of Hawaii, Department of
Urban & Regional Planning
November 2012

Source: State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Source: State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Honolulu County, Juvenile Arrests by Youths School Attended

(Not Arrest Locations), 2000-2010
1776

FARRINGTON HIGH

2439
1726

Schools Youth Attended

WAIANAE HIGH

2453
1386

CAMPBELL HIGH

2793

1331

MCKINLEY HIGH

2753

Law Violation Arrests

Status Offense Arrests

1261

KAIMUKI HIGH

1947
1216

WAIPAHU HIGH

1689
1211
1390

CASTLE HIGH
0

500

1000

1500
2000
Number of Arrests

2500

3000

Source: State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Note: Graph includes only school codes associated with 2500 or more youth arrests for 2000-2010.

State of Hawaii, Juvenile Law Violation Arrest by Type,

2000-2010 (n = 77,932)
Other
Misdemeanor
5%

Misdemeanor
Property
41%

Misdemeanor
Person
13%

Substance /
Alcohol
14%

Felony
Property
13%

Weapons /
Intimidation
10%
Other Violations
3%

Felony Person
1%

State of Hawaii, Status Offense Arrest by Type, 2000-2010

(n = 78,709)

Truancy
22%
Beyond Parental
Control 8%

Runaway
61%

Offense Types:
50-50 split between Law
Violations & Status Offenses

Curfew Violation
7%
Injurious Behavior
2%

Juvenile Law Violations

1. Misdemeanor Property
2. Substance
3. Misdemeanor Person /
Felony Property
Status Offenses
1. Runaway
2. Truancy
3. Beyond Parental Control

State of Hawaii, Number of Status Offense Arrests by Type & Gender

2000-2010

A Closer Look at Runaways

(2000-2010):

35000
30000

28657

25000
20000

19277

15000

10656

10000

6570
2924 3504

5000

2405 3092

500

1045

22

46

* 30.1% of all juvenile arrests

in Hawaii were for runaway
(47,934 arrests)

0
RUNAWAY

TRUANCY

BEYOND
PARENTAL
CONTROL
Female

CURFEW
VIOLATION
Male

INJURIOUS
BEHAVIOR

OTHER STATUS
OFFENSE

* 59.8% of arrests for

runaway were female
(28,657 arrests)
* 43.8% of the female arrests
for runaway were Native
Hawaiian (12,560 arrests, or
8% of total arrests)

Source:
State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Relative Rate Index

State of Hawaii, Law Violations (2007-2009)

White

Filipino

Samoan

Native
Hawaiian

Other /
Mixed
Pacific
Islander

Mixed
Race

African
American

1. Juvenile Arrests

1.00

1.18

1.27

1.68

n/a

0.87

0.78

2. Referral

1.00

0.86

1.06

1.23

1.08

1.40

1.07

3. Diversion

1.00

1.03

0.71

0.78

0.93

0.72

1.07

4. Secure Detention

1.00

0.90

2.50

1.33

1.62

1.55

1.69

5. Cases Petitioned

1.00

0.98

1.15

1.11

1.04

1.14

0.96

6. Cases Resulting in
Guilty Findings

1.00

1.02

1.05

1.00

1.05

1.01

0.95

7. Cases Resulting in
Probation Placement

1.00

0.98

1.27

1.20

1.36

1.28

1.64

8. Cases Resulting in
Secure Confinement

1.00

0.54

0.81

1.12

0.68

0.71

0.22

Source: State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Note: Decision Points 4 (Secure Detention) and 8 (Secure Confinement) did not yield reliable findings due to difficulties linking arrest,
detention, and/or correctional facility data.

Relative Rate Index

State of Hawaii, Status Offenses(2007-2009)
Mixed
Race

African
American

White

Filipino

1.00

1.39

1.14

1.98

n/a

1.41

0.91

2. Referral

1.00

0.84

0.86

1.18

0.75

1.24

1.27

3. Diversion

1.00

1.00

0.95

0.92

1.02

0.91

1.01

4. Secure Detention
for Valid Court Order

1.00

0.82

1.32

1.35

1.35

1.79

1.18

5. Cases Petitioned

1.00

0.99

1.43

1.68

0.82

1.77

0.93

6. Cases Resulting in
Guilty Findings

1.00

1.16

1.55

1.25

1.42

1.39

1.44

7. Cases Resulting in
Protective Supervision

1.00

1.02

1.41

1.35

1.23

1.40

1.44

1. Juvenile Arrests

Samoan

Native
Hawaiian

Other /
Mixed
Pacific
Islander

Source: State of Hawaii, Juvenile Justice Information System (JJIS), 2011.

Note: Decision Point 4 (Secure Detention) for Status Offenders has been subsequently eliminated in Hawaii. Data
for years 2009 and earlier did not yield reliable findings due to difficulties linking arrest and detention facility data.

Logistic Regressions, State of Hawaii, Juvenile Law Violation Arrests (2007-2009)

Logistic Regressions, State of Hawaii, Juvenile Status Offense Arrests (2007-2009)

Disproportionate Minority Contact Findings

Characteristics of Disproportionality
Overrepresented ethnic groups at key decision points:
Native Hawaiians (largest numerically)
Samoans, Mixed/Other Pacific Islanders, and Mixed Race
Critical decision points of over-representation:
Arrest (greatest disproportionality)
Secure detention, referral to Family Court, probation placement
(incremental disproportionality)
Incremental Disproportionality and Cumulative Overrepresentation
Disparity most pronounced at point of arrest
Increases incrementally at subsequent decision points

Major explanatory variable in addition to ethnicity

On probation at time of arrest

Disproportionate Minority Contact Findings

Systemic Problem
High rate of probation placement but lack of referrals to
programs at early stages in juvenile justice involvement
Many youth violate conditions of probation or reoffend
Negative outcomes are more likely for those arrested while on
probation status
Youth become involved in more serious problems, but at that
point there is a lack of programs available (mental health,
substance abuse, residential programs)
HYCF too often becomes a provider of last resort
Some youth are placed on probation after being released from
HYCF without adequate transitional support -> recidivism

Characteristics of Adjudicated Youth

Parent and Peer Relationships
Adjudicated Youths Arrested in 2009
(n = 142)
90.0
78.9

80.0

Precent of Sample

70.0

64.8

60.0
50.0
38.0

40.0
30.0
20.0
10.0
0.0

Positive Relationship with

Maternal Guardian

Positive Relationship with

Paternal Guardian

Relationship with Negative

Peers

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Characteristics of Adjudicated Youth

Depression & Potential Trauma
Adjudicated Youth Arrested in 2009
(n = 142)
40.0
35.0

Percent of Sample

30.0

33.8

32.4
29.6

25.0
20.4
20.0
15.0
10.0
5.0
0.0

Domestic Violence
Physical or
(home)
Psychological Abuse

Loss of Loved One

Depression

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Substance Use
Adjudicated Youth Arrested in 2009
(n = 142)

80.0
71.8
70.0

62.7

60.6
Precent of Sample

60.0
50.0
40.0
30.0
17.6

20.0
10.0
0.0
Substance Abuse

Alcohol

Marijuana

Hard Drugs

Substance Use

Note: Hard Drugs include methamphetamines, heroin, ecstasy and other dangerous substances.
Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Educational Experience
Adjudicated Youth Arrested in 2009
(n = 142)
90.0
80.0

76.8

70.0
62.0
Percent of Sample

60.0
50.0
40.0
31.0

33.8

30.0
20.0
10.0
0.0

Low Educational
Achievement

Dislike School

Special Education Dropped out of High

School

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Behavioral Risk Factors

Adjudicated Youth Arrested in 2009
(n = 142)
90.0
81.7
80.0
70.0

65.5
59.9

Percent of Sample

60.0

50.7
50.0
40.0
30.0

26.8

20.0
10.0
0.0

ADHD

Impulsive

Violent Aggression

Lack of Anger
Management

Fight When
Challenged

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Attitudinal & Emotional Risk Factors

Adjudicated Youth Arrested in 2009
(n=142)

50.0

47.2

45.0
40.0

35.9

Percent of Sample

35.0

34.5

30.0
25.0
20.0
15.0

12.0

10.0
5.0
0.0
Defiant

Deny Responsibility

Did Not Demonstrate

Remorse

Lack of Empathy

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Significant Differences between Ethnic Groups

37.3

40.0

40.1

"Sense of Right & Wrong"

Among Adjudicated Youth
Sample
(n = 142)

35.0

21.8

Percent of Sample

45.0
40.0
35.0
30.0
25.0
20.0
15.0
10.0
5.0
0.0

"Out of Parental Control"

Among Adjudicated Youth
Sample
(n = 142)

Percent of Sample

Percent of Sample

Parental Criminal History

Among Adjudicated Youth
Sample
(n = 142)

30.0
25.0
20.0

19.7

15.0
10.0
5.0
0.0

Non-Hawaiian

Native
Hawaiian

Non-Hawaiian

Native
Hawaiian

50
45
40
35
30
25
20
15
10
5
0

43

24

Non-Hawaiian

Native
Hawaiian

Odds Ratio
2.145**

Odds Ratio
2.089**

Odds Ratio
2.221**

**p < 0.05

**p < 0.05

**p < 0.05

Source: Hawaii State Judiciary, Family Court, 1st Circuit, Case Files; Random Sample from 644 total juveniles
adjudicated for arrests occurring in 2009

Key Recommendations
Develop a more collaborative system for support,
restoration, and healing
Fill gaps in the continuum of care that provide the
adequate range of alternatives to arrest, probation,
and incarceration
Reconsider policies that draw youths deeper into the
juvenile justice system

Mobilize community-wide kuleana for the keiki and

opio

Huli
The Juvenile Justice System

Government
Courts, DOE, Police,
DOH, DHS

Government
Courts, DOE, Police, DOH, DHS
Funded Community-base
Organizations

Funded Community-base
Organizations

Ohana

Opio
Ohana

Ohana
Grassroots Organizations

Opio

Opio
Funded Community-base
Organizations
Government
Courts, DOE, Police, DOH, DHS

Restorative Model Using Civil Citations

Mental Health & Substance Abuse
Treatment

Citation

Misdemeanors
w/ exceptions
Status Offenses

Assessment

Wahi Kana`aho

Assessment
Plan of Action
Tracking &
Evaluation

Residential learning centers of Hawaiian

culture where their nature can be nurtured
with positive feelings of self and lokahi

Kauai

Oahu Molokai Kahoolawe

Lanai

Maui Hawaii

HOALA
Neighborhood-base restorative circles

Opio

Community
Conferencing

Opio
Ohana
Grassroots Organizations
Funded Community-base
Organizations
Government
Courts, DOE, Police, DOH, DHS

Restorative Model Using Civil Citations

Mental Health & Substance Abuse
Treatment

Citation
Offense Types:
Select
misdemeanors
with exceptions
Status Offenses

Assessment
Center

Wahi Kana`aho
Residential learning centers of Hawaiian
culture where their nature can be nurtured
with positive feelings of self and lokahi

Assessment
Plan of Action
Tracking &
Evaluation

Kauai

Oahu Molokai Kahoolawe

Lanai

Maui Hawaii

HOALA
Neighborhood-base restorative circles

Opio

Questions? Comments?
Please feel free to contact us:
Tai-An Miao, Project Coordinator
808-226-4751, taian@hawaii.edu
Wayde Lee, Hawaii Juvenile Justice State Advisory Council Chair
808-336-0022, walee@ymail.com
Ed Chargualaf, Office of Youth Services
808-587-5718, echagualaf@dhs.hawaii.gov
Dr. Karen Umemoto, University of HawaiI
808-956-7383, kumemoto@hawaii.edu