HOUSE OF REPRESENTATIVES

H.B. NO.

142

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to controlled substances.

 

 

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

 


     SECTION 1.  (a)  The attorney general shall coordinate a review of the impact that diversion of minor drug possession offenders into drug treatment would have on the criminal justice system, drug treatment program resources, and public safety.  For purposes of this review:

     (1)  "Diversion" means placement of the offender into drug treatment either in lieu of charging the offender or allowing the offender to plead to a misdemeanor and be placed in treatment in lieu of imprisonment; and

     (2)  "Minor drug possession offenders" means those accused of felony marijuana possession offenses of any grade and class B or C felony possession offenses involving other drugs.

     (b)  The review required by subsection (a) shall address the following issues:

     (1)  The number of offenders that could be diverted if diversion occurred before charging and the number that could be deferred post-charging;

     (2)  The affect of diversion on law enforcement, prosecution, judicial, and correctional resources;

     (3)  The type, cost, and availability of treatment services that would be needed under a diversion program; and

     (4)  The impact on public safety of diverting minor drug possession offenders and whether the impact could be reduced by, for example, excluding offenders with a history of violent offenses.

     (c)  The attorney general shall conduct the review required by subsection (a) in consultation with and using the problem-solving abilities of a broad range of public and private stakeholders including:

     (1)  Police;

     (2)  Prosecutors;

     (3)  Judges and other court officials;

     (4)  Corrections administrators;

     (5)  Public health experts;

     (6)  Drug treatment providers; and

     (7)  Legal service providers.

     SECTION 2.  The attorney general shall submit a report of the findings and recommendations of the review required by this Act no later than twenty days prior to the convening of the regular session of 2012.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Controlled Substances; Diversion; Treatment

 

Description:

Directs the attorney general to coordinate a review of the impact of diverting marijuana and certain felony drug offenders out of the criminal justice system into treatment.


 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.