Report Title:

Drug Court; Court Jurisdiction Over Inmates; Pilot

Description:

Authorizes a three year pilot project that allows the judiciary to assume supervision and control over inmates in correctional facilities who qualify for the track IV phase of a drug court program. (SD1)

THE SENATE

S.B. NO.

630

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to disposition of convicted defendants.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, due to the dramatic increase in substance abuse cases and the resulting increase in the number of detained and incarcerated individuals with drug abuse problems, alternatives to incarceration and to dealing with the drug-abusing offender must be implemented. The Hawaii drug court program, one of the Judiciary's intermediate sanction alternative programs, has been extremely successful in reducing the recidivism rate for drug offenders. In addition, the Maui drug court program is authorized to implement a track IV phase of the program. The track IV phase serves incarcerated individuals who qualify for the drug court program using stringent qualifying criteria. The legislature further finds that rehabilitation programs that prepare incarcerated persons for life in the "real world" are critical to the future well-being of the community.

The purpose of this Act is to establish the Maui drug court pilot project that enables the courts to assume jurisdiction over an incarcerated person qualifying for the track IV phase of a drug court program.

SECTION 2. Section 706-605.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§706-605.1[]] Intermediate sanctions; eligibility; criteria and conditions. (1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.

(2) Defendants may be considered for sentencing to alternative programs if they:

(a) Have not been convicted of a non-probationable class A felony; and

(b) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

(3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.

(4) As used in this section, "alternative programs" means programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:

(a) House arrest, or curfew using electronic monitoring and surveillance, or both;

(b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;

(c) Therapeutic residential and non-residential programs;

(d) A program of regimental discipline pursuant to section 706-605.5; and

(e) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.

(5) The judiciary may assume supervision and control over a person committed to the custody of the department of public safety if the person qualifies for the track IV phase of a drug court program under subsection (4)(b)."

SECTION 3. Section 706-672, Hawaii Revised Statutes, is amended to read as follows:

"§706-672 Place of imprisonment. When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of public safety for the term of the person's sentence and until released in accordance with law. The director of public safety shall determine the proper program of redirection and any place of confinement of the committed person[.]; provided that the courts may assume supervision and control over a committed person qualifying for the track IV phase of a drug court program pursuant to section 706-605.1(4)(b)"

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that on June 30, 2006, sections 2 and 3 of this Act shall be repealed and sections 706-605.1 and 706-672, Hawaii Revised Statutes, are reenacted in the form in which they read on the day before the approval of this Act.