Report Title:

Crime Prevention; Ice Abuse Treatment and Prevention Programs

Description:

Appropriates funds for state agencies and the counties for crystal methamphetamine (ice) treatment, prevention, rehabilitation, education, environmental damage assessments, and program monitoring initiatives.

THE SENATE

S.B. NO.

1201

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the illegal use of controlled substances.

 

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

SECTION 1. In 2004, the legislature took an important first step in addressing the issues of crystal methamphetamine (ice) use and addiction in Hawaii. A joint house-senate task force convened public hearings across the State to listen to community concerns and recommend appropriate action. This task force found that ice use and abuse had reached epidemic proportions, destroying families and resulting in increased criminal activities as well as increasing the burden on public resources such as child welfare, health, and social services.

The task force recommended the formulation of a multi-pronged approach that combined treatment, prevention, rehabilitation, public education, crime prevention, and law enforcement initiatives designed to prevent future generations from engaging in substance abuse as well as treat the present generation of ice abusers.

One year later, these important efforts must be sustained and expanded to ensure that this public health crisis does not fade into the foreground.

The legislature finds that early intervention is the key to diverting young adults away from drug use. The treatment gap for adolescents who need treatment and do not receive it is estimated at over five thousand individuals based on state and federal statistics. School-based treatment services need to be sustained and expanded in the middle and intermediate schools in order to provide early intervention and assessment for students as well as prevent adolescents from graduating to using more dangerous drugs.

The legislature also finds that it is critical that drug education and awareness in schools, community partnerships, non-school youth activities in communities with the greatest need be expanded and strengthened. Further, education and support services must be made available for families, women, and the community.

Presently, there are over six thousand ice users who need treatment, yet fewer than three thousand are able to access publicly funded treatment. This at-risk group is comprised of women of childbearing age, pregnant women, parents of young children, and native Hawaiians, all of whom remain under-served for substance abuse treatment. As such, more priority should be given to these individuals in receiving publicly funded treatment, as increased funding for adult substance abuse treatment is necessary to stop the ice epidemic.

In 2002, the legislature enacted Act 161, Session Laws of Hawaii 2002, to divert first-time nonviolent drug offenders to mandatory probation for drug treatment. However, the legislature did not fund treatment services for offenders eligible for treatment under Act 161. The diversion of offenders into treatment centers as opposed to prison is more effective in reducing recidivism among offenders. The legislature finds that funding treatment services for first-time nonviolent drug offenders is necessary to avoid imposing a greater burden on the State's prison system as well as result in savings in the costs associated with incarcerating offenders.

The purpose of this Act is to:

(1) Make appropriations for substance abuse, including ice prevention, treatment, education, and rehabilitation;

(2) Expand services provided by the drug courts, including family and juvenile drug courts;

(3) Provide drug treatment services for first-time nonviolent drug offenders;

(4) Expand canine interdiction efforts;

(5) Provide for an environmental study on the effects of clandestine methamphetamine laboratories;

(6) Create grant-in-aid opportunities for the counties to fund community efforts to sustain anti-drug campaigns and community-based substance abuse prevention programs;

(7) Appropriate funds for community-based adolescent drug prevention programs and community anti-drug efforts aimed at preventing ice use on the island of Hawaii;

(8) Appropriate funds to support the department of public safety's drug abatement efforts;

(9) Make an appropriation for the expansion of the Weed and Seed program; and

(10) Appropriate funds for the Being Empowered and Safe Together program on Maui.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $3,000,0000, or so much thereof as may be necessary for fiscal year 2005-2006, to establish substance abuse prevention and intervention programs in all middle and intermediate schools, as an alternative to treatment programs, based on school need and substance abuse rates.

SECTION 3. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000, or so much thereof as may be necessary for fiscal year 2005-2006; provided that at least fifty per cent of the funds appropriated shall be used for the development and use of substance abuse evidenced-based programs and practices with an emphasis on native Hawaiian culturally based programs, including youth-to-youth programs, non-school hour programs in communities with the greatest need, and education and support for families. The remaining funds shall be used for substance abuse treatment prevention with priority given to drug education and awareness in schools and community partnerships, non-school youth activities in communities with the greatest need, education and support for families and parenting women, and community mobilization. Funds appropriated under this section shall be equally distributed among the islands based on population size and other need indicators.

SECTION 5. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2005-2006, to fund statewide substance abuse awareness and education campaigns targeted at youths, families, the workplace, and communities using multi-media community presentations and events.

SECTION 7. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $4,000,000, or so much thereof as may be necessary for fiscal year 2005-2006, for adult treatment services, including family counseling, with priority given to women of child-bearing age, pregnant women, parents of young children in the home, and Hawaiians as defined in section 10-2, Hawaii Revised Statutes.

SECTION 9. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,200,000, or so much thereof as may be necessary for fiscal year 2005-2006, for the drug courts to expand their programs, including juvenile and family drug courts.

SECTION 11. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2005-2006, for the treatment of first-time nonviolent drug offenders sentenced by the courts under sections 706-622.5 and 706-625, Hawaii Revised Statutes.

SECTION 13. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000, or so much thereof as may be necessary for fiscal year 2005-2006, for the canine drug interdiction program.

SECTION 15. The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 16. There is appropriated out of the environmental response revolving fund the sum of $300,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a study and analysis of the effects of clandestine methamphetamine laboratories on the environment, particularly ground water, disposal of toxic waste materials found at the site, disposal of the site itself, and recommendations for action.

SECTION 17. The sum appropriated shall be expended by the department of health.

SECTION 18. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a grant-in-aid to the city and county of Honolulu for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug related crime rates; to be matched by the city and county of Honolulu using a combination of private and county funds.

SECTION 19. The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 20. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a grant-in-aid to the county of Hawaii for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships, and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug related crime rates; to be matched by the county of Hawaii using a combination of private and county funds.

SECTION 21. The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 22. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a grant-in-aid to the county of Maui for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based on population size as well as drug use and drug abuse related rates; to be matched by the county of Maui using a combination of private and county funds.

SECTION 23. The sum appropriated shall be expended by the county of Maui for the purposes of this Act.

SECTION 24. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a grant-in-aid to the county of Kauai for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based on population size as well as drug-use and drug related crime rates; to be matched by the county of Kauai using a combination of private and county funds.

SECTION 25. The sum appropriated shall be expended by the county of Kauai for the purposes of this Act.

SECTION 26. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000, or so much thereof as may be necessary for fiscal year 2005-2006, to be matched with federal funds, as a grant-in-aid to the county of Hawaii for community anti-drug efforts aimed at preventing crystal methamphetamine use.

SECTION 27. The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 28. There is appropriated out of the general revenues of the State of Hawaii the sum of $125,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a needs assessment for adult substance abuse treatment services or the implementation of the substance abuse treatment monitoring program, and for the coordination of community-based drug abatement and mobilization efforts.

SECTION 29. The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 30. There is appropriated out of the emergency budget and reserve fund the sum of $350,000, or so much thereof as may be necessary for fiscal year 2005-2006, for the expansion of the Weed and Seed program to other communities that meet federal guidelines for receiving federal funding under the Weed and Seed program.

There shall be a steering committee for the Weed and Seed program. A representative from the department of the attorney general shall chair the steering committee. The steering committee shall advise the Weed and Seed program regarding the disbursement of funds.

The Weed and Seed program shall receive legislative appropriations only if an account is established for legislative appropriations, federal funds, and private contributions for the program.

SECTION 31. The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 32. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000, or so much thereof as may be necessary for fiscal year 2005-2006, for a grant-in-aid, pursuant to chapter 42D, Hawaii Revised Statutes, to the Being Empowered and Safe Together Reintegration program for staffing, equipment, and other operating expenses for the establishment and continuation of services to provide a supportive environment that assists former incarcerated individuals returning to the community to remain free from the influences, temptations, and dangers related to illegal drugs.

SECTION 33. The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 34. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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