HOUSE OF REPRESENTATIVES

H.B. NO.

2609

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

rELATING TO DRUG OFFENDERS.

 

 

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

 


     SECTION 1.  Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  A person eligible under subsection (1) [may] shall be sentenced to probation to undergo and complete a substance abuse treatment program [if the court determines that the person can benefit from substance abuse treatment and, notwithstanding that the person would be subject to sentencing as a repeat offender under section 706-606.5, the person should not be incarcerated to protect the public].  The eligible person who is not subject to sentencing as a repeat offender under section 706-606.5 shall not be incarcerated to protect the public.  If the person fails to complete the substance abuse treatment program and the court determines that the person cannot benefit from any other suitable substance abuse treatment program, the person shall be subject to sentencing under the applicable section under this part.  As a condition of probation under this subsection, the court may direct the person to undergo and complete substance abuse treatment under the supervision of the drug court if the person has a history of relapse in treatment programs.  The court may require other terms and conditions of probation, including requiring that the person contribute to the cost of the substance abuse treatment program, comply with deadlines for entering into the substance abuse treatment program, and reside in a secure drug treatment facility."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2016-2017 for the substance abuse treatment program for drug offenders.

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

SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

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Report Title:

Drug Offenders

 

Description:

Mandates the enrollment of certain drug offenders into the Judiciary's substance abuse treatment program.

 

 

 

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