STAND. COM. REP. NO. 443-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2252

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2252 entitled:

"A BILL FOR AN ACT RELATING TO DRUG DEMAND REDUCTION ASSESSMENTS,"

begs leave to report as follows:

The purpose of this bill is to make permanent the drug demand reduction assessments first adopted in Act 205, Session Laws of Hawaii 1995. Among other things, this bill:

(1) Expands the number of offenses for which assessments may be imposed;

(2) Makes assessments mandatory;

(3) Provides that interest accrued on assessments be deposited in the Drug Demand Reduction Assessments Special Fund (Fund);

(4) Prioritizes restitution to crime victims before being assessed for payments to the Fund; and

(5) Places the burden on a defendant to show inability to pay the assessment.

 

The Department of the Prosecuting Attorney of the City and County of Honolulu, the High Intensity Drug Trafficking Area Task Force, Hawaii Substance Abuse Coalition, and Honolulu Police Department testified in support of the bill. The Department of Health and the Judiciary testified in support of the intent of the bill. The Coalition for a Drug Free Hawaii testified against the bill.

Your Committee finds that the assessments levied against defendants convicted of offenses relating to drugs and alcohol use are necessary to offset some of the costs borne by the taxpayers for substance abuse treatment programs. Historically, assessments have not raised significant revenues for the State and this bill is not expected to substantially increase the revenues to the Fund. However, your Committee finds that the first priority is for offenders to receive substance abuse treatment at their expense if they can afford private pay treatment or have health insurance that covers treatment. The second priority is for offenders to pay assessments into the Fund.

Accordingly, your Committee has amended this bill by:

(1) Inserting language that exempts the offense of sale of single cigarette packs of less than 20 cigarettes from offenses subject to assessments to be deposited into the Fund;

(2) Allowing the court discretion to order the offender into treatment at the offender's expense if the court determines that the offender is eligible for probation or will not be sentenced to prison, and to waive or reduce the assessment; and

(3) Making technical, nonsubstantive changes for purpose of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2252, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2252, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair