REPORT TITLE:
Substance abuse treatment;
continuum of services


DESCRIPTION:
Establishes a special fund for the purpose of supporting
integrated case management and a continuum of substance abuse
treatment services for criminal offenders.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           2595
TWENTIETH LEGISLATURE, 2000                                H.D.1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SUBSTANCE ABUSE TREATMENT FOR CRIMINAL OFFENDERS.



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

 1             PART 1.  PURPOSE AND LEGISLATIVE FINDINGS
 
 2      SECTION 1.  The purpose of this Act is to create a case
 
 3 management system and continuum of substance abuse treatment
 
 4 services for the criminal offender.
 
 5      The legislature finds that a comprehensive approach to
 
 6 treating the substance abusing offender is necessary to reduce
 
 7 recidivism.  This approach must address the concurrent problems
 
 8 of substance abuse and criminal conduct of offenders by bringing
 
 9 together substance abuse treatment and intermediate sanctions.
 
10      The relationship between substance abuse and crime is well
 
11 established.  The Department of Justice reports that of thirty-
 
12 five urban sites included in the Arrestee Drug Abuse Monitoring
 
13 Program, 1,998 arrestees tested positive for drug use at an
 
14 alarming rate, with cocaine use indicated in as many as sixty-
 
15 seven per cent and marijuana use indicated in as many as fifty-
 
16 three per cent.  The use of methamphetamine among national
 
17 arrestee populations has increased substantially since 1990, with
 
18 western states showing the greatest prevalence for
 
19 methamphetamine.
 

 
Page 2                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      Statistics for Hawaii show that 70 per cent of pre-trial
 
 2 offenders annually placed on supervised release under the
 
 3 auspices of the intake service centers have substance abuse
 
 4 problems.  During fiscal year 1998-1999, 150 (25 per cent) of the
 
 5 600 offenders had their supervised release status revoked; 120
 
 6 (80 per cent) of the 150 were drug related revocations.  Of the
 
 7 approximately 1,050 pre-trial and pre-sentence individuals who
 
 8 are incarcerated, the rate of substance abuse is even higher.
 
 9      Currently, there are about 16,000 offenders on probation in
 
10 Hawaii, including 500 under the supervision of federal probation
 
11 authorities.  An estimated 13,600 (85 per cent) of the
 
12 probationers are in need of substance abuse treatment.  During
 
13 fiscal year 1998-1999, 595 state probationers were incarcerated
 
14 for violating conditions of probation; 150 (25 per cent) violated
 
15 their probation for drug related reasons.
 
16      The department of public safety currently has 4,800
 
17 offenders incarcerated in state and mainland correctional
 
18 facilities.  Of those, 2,600 are sentenced to greater than one
 
19 year.  Substance abuse assessments indicate that 85 per cent
 
20 require substance abuse treatment.
 
21      The Hawaii paroling authority is responsible for supervising
 
22 an active parole population of 1,350.  During fiscal year 1998-
 
23 1999, 433 parolees were incarcerated for violating conditions of
 

 
Page 3                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 parole; 175 (40 per cent) of the 433 violated their parole for
 
 2 drug related reasons.
 
 3      Another problem encountered in treating the substance
 
 4 abusing offender is that the offender will cross jurisdiction and
 
 5 agency lines while involved with the criminal justice system.
 
 6 For example, an arrestee may be supervised by the intake service
 
 7 centers while on pre-trial release and, upon conviction and
 
 8 sentencing, be required to serve six months at a community
 
 9 correctional center followed by five years probation under the
 
10 supervision of the judiciary.  While on probation, this person
 
11 may become eligible for substance abuse treatment under the
 
12 auspices of the department of health.  Coordination of treatment
 
13 provided to offenders who cross jurisdictional and agency lines
 
14 is lacking, resulting in service gaps and duplication.
 
15      While the need for treating the substance-abusing offender
 
16 is well documented, and the overlapping jurisdictional and agency
 
17 issues are acknowledged, Hawaii has yet to resolve how best to
 
18 address this population.  To effectively meet the needs of this
 
19 population, an integrated case management system is needed
 
20 because treatment services are fragmented and inadequate to meet
 
21 the needs of the substance abusing offender.
 
22      In order to improve services to the substance-abusing
 
23 offender, the legislature has considered approaches used in other
 

 
Page 4                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 jurisdictions to address treatment and supervision.  In
 
 2 particular, the Arizona Justice Model was reviewed as the most
 
 3 appropriate to consider when designing a case management system
 
 4 and continuum of substance abuse treatment services for Hawaii.
 
 5 The Arizona Justice Model has developed a cooperative
 
 6 relationship between the treatment provider and criminal justice
 
 7 agencies through collaborative planning and information sharing.
 
 8 The most important element in this process is the focus on the
 
 9 "front end" of the system by screening and assessing the
 
10 substance-abusing offender to determine the degree and severity
 
11 of the offender's problem.  Treatment intervention is prescribed
 
12 based upon the offender's need, derived through an assessment
 
13 protocol, and services are offered to the offender with the most
 
14 appropriate provider.
 
15      The defining strength of the Arizona Justice Model is the
 
16 incorporation of a continuum of "best practice" services as
 
17 opposed to the reliance on a single program intervention.  The
 
18 designed continuum of care service delivery system comprises
 
19 substance abuse education programming for the low-risk offender,
 
20 standard and intensive outpatient programming for the medium- to
 
21 low-risk offenders, and day treatment, short-term, and long-term
 
22 residential treatment for the high risk offenders.  A pre-
 
23 treatment motivational enhancement component is prescribed for
 

 
Page 5                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 offenders who are assessed as not yet ready to benefit from a
 
 2 treatment intervention.  This service delivery continuum is based
 
 3 on the assessment and matching process that is critical in the
 
 4 effort to maximize positive client outcomes and the effective use
 
 5 of funding, time, and resources.
 
 6      Ninety-eight per cent of offenders participating in the
 
 7 Arizona Justice Model received the type of treatment recommended
 
 8 by the assessment criteria.  Of the 932 offenders completing a
 
 9 treatment program in fiscal year 1997-98, sixty-one per cent
 
10 completed the program successfully.  That is, they complied with
 
11 treatment program requirements, were not transferred to another
 
12 placement, and did not abscond, reoffend, or have a petition to
 
13 revoke filed.
 
14      Based on the experience of the Arizona Justice Model, a
 
15 collaborative effort involving the judiciary's adult probation
 
16 division, the department of public safety, the Hawaii paroling
 
17 authority, and the department of health, a proposal has been
 
18 developed to increase the availability and accessibility of
 
19 substance abuse treatment services for offenders who are exiting
 
20 correctional facilities through community based programs or on
 
21 in-community supervised release, probation, or parole.  This
 
22 proposal contains a comprehensive plan for treating the
 
23 substance-abusing offender by bringing together substance abuse
 

 
Page 6                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 treatment and intermediate sanctions, united through integrated
 
 2 case management.
 
 3      The proposal is based on an intensive and all-inclusive
 
 4 service and case management approach to service delivery.  This
 
 5 approach provides continuity of treatment regardless of which
 
 6 criminal justice agency is responsible for the offender at any
 
 7 point in time.  It also minimizes costs associated with treatment
 
 8 by eliminating duplication of services.
 
 9      In order to implement the proposal, funding sources must be
 
10 identified.  The Arizona Justice Model determined that the most
 
11 appropriate manner to fund the program was through the use of
 
12 liquor tax revenues.  Alcohol is America's most widely used drug
 
13 and contributes to a vast array of medical and social problems.
 
14 Approximately half of all violent offenses committed in the
 
15 United States are alcohol related.  The discrepancy between the
 
16 social cost of an average drink and the tax on that drink is
 
17 billed to all taxpayers.  Non-drinkers are charged for the costs
 
18 incurred by those who choose to drink.  Drinkers should help to
 
19 pay for the costs of alcohol related problems.  Revenues
 
20 generated on the wholesale value of alcohol should be applied
 
21 toward addressing substance abuse treatment services.
 
22      Tobacco has been described as the most addictive substance
 
23 currently known to man.  Tobacco use exacts a toll on the public
 

 
Page 7                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 in a number of ways, such as increased medical costs to fund
 
 2 services for tobacco users and the enforcement of no smoking
 
 3 regulations.  By increasing the tobacco tax, tobacco consumers
 
 4 will be offsetting some of the social cost associated with
 
 5 smoking by contributing to treatment of substance abusers who
 
 6 commit crimes against the community.
 
 7    PART II.  SUBSTANCE ABUSE PREVENTION AND TREATMENT SPECIAL
 
 8                               FUND.
 
 9      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
10 by adding to part XVI a new section to be appropriately
 
11 designated and to read as follows:
 
12      "321-     Substance abuse prevention and treatment special
 
13 fund.  (a)  There is established within the state treasury a
 
14 special fund to be known as the substance abuse prevention and
 
15 treatment special fund to be administered and expended by the
 
16 department of health.
 
17      (b)  The moneys in the special fund shall be reserved for
 
18      use by the department of health for staff programs or
 
19      purchase of service consistent with chapter 103F that
 
20      support or provide case management and substance abuse
 
21      treatment services for juvenile and adult criminal
 
22      offenders.  Moneys in the special fund shall be used for new
 

 
 
 
Page 8                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      or existing programs and shall not supplant any other moneys
 
 2      previously allocated to these programs.
 
 3      (c)  Fees remitted pursuant to section 244D-17 and section
 
 4      245-15, interest and investment earnings attributable to the
 
 5      moneys in the special fund, and grants, donations, and
 
 6      contributions from private or public sources for the
 
 7      purposes of the fund, shall be deposited into the special
 
 8      fund.
 
 9      (d)  The department of health shall submit an annual report
 
10      to the legislature no later than twenty days prior to the
 
11      convening of each regular session.  The report shall include
 
12      a description of the services provided and an accounting of
 
13      the receipts of, and expenditures from, the special fund."
 
14      SECTION 3.  Section 36-27, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "36-27 Transfers from special funds for central service
 
17 expenses.  Except as provided in this section, and
 
18 notwithstanding any other law to the contrary, from time to time
 
19 the director of finance, for the purpose of defraying the
 
20 prorated estimate of central service expenses of government in
 
21 relation to all special funds, except the:
 
22      (1)  Special summer school and intersession fund under
 
23           section 302A-1310;
 

 
Page 9                                                     
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      (2)  School cafeteria special funds of the department of
 
 2           education;
 
 3      (3)  Special funds of the University of Hawaii;
 
 4      (4)  State educational facilities improvement special fund;
 
 5      (5)  Convention center capital and operations special fund
 
 6           under section 206X-10.5;
 
 7      (6)  Special funds established by section 206E-6;
 
 8      (7)  Housing loan program revenue bond special fund;
 
 9      (8)  Housing project bond special fund;
 
10      (9)  Aloha Tower fund created by section 206J-17;
 
11     (10)  Domestic violence prevention special fund under section
 
12           321-1.3;
 
13     (11)  Spouse and child abuse special account under section
 
14           346-7.5;
 
15     (12)  Spouse and child abuse special account under section
 
16           601-3.6;
 
17     (13)  Funds of the employees' retirement system created by
 
18           section 88-109;
 
19     (14)  Unemployment compensation fund established under
 
20           section 383-121;
 
21     (15)  Hawaii hurricane relief fund established under chapter
 
22           431P;
 
23     (16)  Hawaii health systems corporation special funds;
 

 
Page 10                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1     (17)  Boiler and elevator safety revolving fund established
 
 2           under section 397-5.5;
 
 3     (18)  Tourism special fund established under section 201B-
 
 4           11;
 
 5     (19)  Department of commerce and consumer affairs' special
 
 6           funds;
 
 7     (20)  Compliance resolution fund established under section
 
 8           26-9;
 
 9     (21)  Universal service fund established under chapter 269;
 
10     (22)  Integrated tax information management systems special
 
11           fund under section 231-3.2;
 
12     (23)  Insurance regulation fund under section 431.2-215;
 
13     (24)  Hawaii tobacco settlement special fund under section
 
14           328L-2; [and]
 
15     (25)  Emergency budget and reserve fund under section 328L-
 
16           3; and
 
17     (26)  Substance abuse prevention and treatment special fund
 
18           established under section 321- ;
 
19 shall deduct five per cent of all receipts of all other special
 
20 funds, which deduction shall be transferred to the general fund
 
21 of the State and become general realizations of the State.  All
 
22 officers of the State and other persons having power to allocate
 
23 or disburse any special funds shall cooperate with the director
 

 
Page 11                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 in effecting these transfers.  To determine the proper revenue
 
 2 base upon which the central service assessment is to be
 
 3 calculated, the director shall adopt rules pursuant to chapter 91
 
 4 for the purpose of suspending or limiting the application of the
 
 5 central service assessment of any fund.  No later than twenty
 
 6 days prior to the convening of each regular session of the
 
 7 legislature, the director shall report all central services
 
 8 assessments made during the preceding fiscal year."
 
 9      SECTION 4.  Section 36-30, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a) Each special fund, except the:
 
12      (1)  Transportation use special fund established by section
 
13           261D-1;
 
14      (2)  Special summer school and intersession fund under
 
15           section 302A-1310;
 
16      (3)  School cafeteria special funds of the department of
 
17           education;
 
18      (4)  Special funds of the University of Hawaii;
 
19      (5)  State educational facilities improvement special fund;
 
20      (6)  Special funds established by section 206E-6;
 
21      (7)  Aloha Tower fund created by section 206J-17;
 
22      (8)  Domestic violence prevention special fund under section
 
23           321-1.3;
 

 
Page 12                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      (9)  Spouse and child abuse special account under section
 
 2           346-7.5;
 
 3     (10)  Spouse and child abuse special account under section
 
 4           601-3.6;
 
 5     (11)  Funds of the employees' retirement system created by
 
 6           section 88-109;
 
 7     (12)  Unemployment compensation fund established under
 
 8           section 383-121;
 
 9     (13)  Hawaii hurricane relief fund established under chapter
 
10           431P;
 
11     (14)  Convention center capital and operations special fund
 
12           established under section 206X-10.5;
 
13     (15)  Hawaii health systems corporation special funds;
 
14     (16)  Tourism special fund established under section 201B-
 
15           11;
 
16     (17)  Compliance resolution fund established under section
 
17           26-9;
 
18     (18)  Universal service fund established under chapter 269;
 
19     (19)  Integrated tax information management systems special
 
20           fund;
 
21     (20)  Insurance regulation fund under section 431:2-215;
 
22     (21)  Hawaii tobacco settlement special fund under section
 
23           328L-2; [and]
 

 
Page 13                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1     (22)  Emergency and budget reserve fund under section 328L-3;
 
 2           and
 
 3     (23)  Substance abuse prevention and treatment special fund
 
 4           established under section 321-___;
 
 5      shall be responsible for its pro rata share of the
 
 6      administrative expenses incurred by the department
 
 7      responsible for the operations supported by the special fund
 
 8      concerned."
 
 9      SECTION 5.  Section 244D-4, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a) Every person who sells or uses any liquor in the State
 
12           not taxable under this chapter, in respect of the
 
13           transaction by which the person or the person's vendor
 
14           acquired the liquor, shall pay a gallonage tax which is
 
15           hereby imposed at the following rates for the various
 
16           liquor categories defined in section 244D-1:
 
17      [For the period July 1, 1997, to June 30, 1998, the tax rate
 
18 shall be:
 
19      (1)  $5.92 per wine gallon on distilled spirits;
 
20      (2)  $2.09 per wine gallon on sparkling wine;
 
21      (3)  $1.36 per wine gallon on still wine;
 
22      (4)  $0.84 per wine gallon on cooler beverages;
 
23      (5)  $0.92 per wine gallon on beer other than draft beer;
 

 
Page 14                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      (6)  $0.53 per wine gallon on draft beer;
 
 2           On] (1)  For the period July 1, 1998, [and thereafter,]
 
 3           to June 30, 2000, the tax rate shall be:
 
 4     [(1)] (A)  $5.98 per wine gallon on distilled spirits;
 
 5     [(2)] (B)  $2.12 per wine gallon on sparkling wine;
 
 6     [(3)] (C)  $1.38 per wine gallon on still wine;
 
 7     [(4)] (D)  $0.85 per wine gallon on cooler beverages
 
 8     [(5)] (E)  $0.93 per wine gallon on beer other than draft
 
 9           beer; and
 
10     [(6)] (F) $0.54 per wine gallon on draft beer;
 
11      (2)  On July 1, 2000, and thereafter, the tax rate shall be:
 
12           (A)  $     per wine gallon on distilled spirits;
 
13           (B)  $     per wine gallon on sparkling wine;
 
14           (C)  $     per wine gallon on still wine;
 
15           (D)  $     per wine gallon on cooler beverages;
 
16           (E)  $     per wine gallon on beer other than draft
 
17                beer; and
 
18           (F)  $     per wine gallon on draft beer;
 
19 and at a proportionate rate for any other quantity so sold or
 
20 used."
 
21      SECTION 6.  Section 244D-17, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
Page 15                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      "244D-17  Disposition of revenues.  Five per cent of [All]
 
 2 all moneys collected pursuant to this chapter shall be paid into
 
 3 the substance abuse prevention and treatment special fund, not to
 
 4 exceed $2,000,000 per fiscal year.  The remainder of moneys
 
 5 collected shall be paid into the state treasury as state
 
 6 realizations, to be kept and accounted for as provided by law."
 
 7      SECTION 7.  Section 245-3, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  Every wholesaler or dealer, in addition to any other
 
10 taxes provided by law, shall pay for the privilege of conducting
 
11 business and other activities in the State an:
 
12      (1)  Excise tax equal to[:
 
13           (A)  4.00 cents for each cigarette sold, used, or
 
14                possessed by the wholesaler or dealer, after
 
15                August 31, 1997; and
 
16           (B)  5.00 cents for each cigarette sold, used, or
 
17                possessed by the wholesaler or dealer after June
 
18                30, 1998] 6.00 cents for each cigarette sold,
 
19                used, or possessed by a wholesaler or dealer after
 
20                June 30, 2000, whether or not sold at wholesale,
 
21                or if not sold then at the same rate upon the use
 
22                by the wholesaler or dealer; and
 

 
 
 
Page 16                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1      (2)  Excise tax equal to forty per cent of the wholesale
 
 2           price of each article or item of tobacco products sold
 
 3           by the wholesaler or dealer, whether or not sold at
 
 4           wholesale, or if not sold then at the same rate upon
 
 5           the use by the wholesaler or dealer.
 
 6      Where the tax imposed has been paid on cigarettes or tobacco
 
 7 products which thereafter become the subject of a casualty loss
 
 8 deduction allowable under chapter 235, the tax paid shall be
 
 9 refunded or credited to the account of the wholesaler or dealer.
 
10 In applying the tax, the tax shall be applied against the latest
 
11 of the activities of selling, using, or possessing.  The tax
 
12 shall be imposed at the time of the last of the following
 
13 activities to occur: the sale; the use; or the possession of
 
14 cigarettes or tobacco products."
 
15      SECTION 8.  Section 245-15, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "245-15  Disposition of revenues.  [All] Seventeen per cent
 
18 of all moneys collected pursuant to this chapter shall be paid
 
19 into the substance abuse prevention and treatment special fund,
 
20 not to exceed $3,000,000 per fiscal year.  The remainder of
 
21 moneys collected shall be paid into the state treasury as state
 
22 realizations to be kept and accounted for as provided by law."
 

 
 
 
Page 17                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1               PART III.  INTEGRATED CASE MANAGEMENT
 
 2      SECTION 9.  An integrated case management system defines a
 
 3 single point of accountability which is responsible for
 
 4 continuity of communication, care, and follow-up for substance-
 
 5 abusing offenders, regardless of which services they may receive
 
 6 at any given time, or which criminal justice agency is
 
 7 supervising the offender.  Case management replaces a haphazard
 
 8 process of referrals with a single, well-structured service.  In
 
 9 doing so, it offers the offender continuity.  As a single point
 
10 of contact, case managers have obligations not only to their
 
11 clients, but also to the members of the systems with whom they
 
12 interact.  Case managers must familiarize themselves with
 
13 protocols and operating procedures observed by these other
 
14 professionals.  The case manager must mobilize needed resources,
 
15 which requires the ability to negotiate formal systems, to barter
 
16 informally among service providers, and to consistently pursue
 
17 informal networks.  Case managers must not only have many of the
 
18 same abilities as other professionals who work with substance
 
19 abusers (such as counselors), they must also possess special
 
20 abilities relating to such areas as interagency functioning,
 
21 negotiating, and advocacy.
 
22      Case management for substance-abusing offenders includes two
 
23 basic dimensions:  referral and service coordination.  Referral
 

 
Page 18                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 activities include a number of steps in securing the appropriate
 
 2 services for the client.  Networking with the array of agency,
 
 3 professional, and community groups that impact the treatment
 
 4 continuum ensures appropriate referrals, identification of
 
 5 service gaps, and assistance in meeting the unmet needs of the
 
 6 client.  Knowing where and when to refer to a specific service is
 
 7 vital to successful case management.  Also, the sharing of
 
 8 information between the criminal justice agency responsible for
 
 9 the supervision of the client, the treatment provider, and the
 
10 case manager provides for the continuity of care and enhanced
 
11 community safety by ensuring substance abuse treatment needs are
 
12 being met and program participation is adhered to.  Lastly, the
 
13 case management system requires evaluation of the outcome of
 
14 treatment referrals to monitor appropriateness of treatment being
 
15 provided by the service agency.
 
16      Service coordination consists of two equally important
 
17 aspects:  development and implementation of a treatment plan, and
 
18 consulting with other professionals and agencies involved with
 
19 the individual client.  The development of a treatment plan
 
20 requires obtaining, reviewing, and interpreting all relevant
 
21 screening, assessment, and initial treatment planning
 
22 information.  Implementation of the treatment plan includes
 
23 initiating collaboration with the referral source and completing
 

 
Page 19                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 the administrative procedures for admission to treatment.  The
 
 2 case manager is responsible for coordinating all treatment
 
 3 activities with services provided to the client by other
 
 4 resources.  The consulting role of the case manager involves
 
 5 participation with a multidisciplinary treatment team that
 
 6 assists in providing coordination of services and identification
 
 7 of client needs and treatment gaps.  Client progress is tracked
 
 8 through these multidisciplinary teams for the purpose of ensuring
 
 9 quality of care, gaining feedback, and planning changes in the
 
10 course of treatment.
 
11      SECTION 10.  There is appropriated out of the substance
 
12 abuse prevention and treatment special fund the sum of $_______,
 
13 or so much thereof as may be necessary for fiscal year 2000-2001,
 
14 to provide for the hiring of staff and the purchase of necessary
 
15 services and equipment to carry out integrated case management
 
16 for the substance-abusing criminal offender.  The sum
 
17 appropriated shall be expended by the department of health.
 
18           PART IV.  SUBSTANCE ABUSE TREATMENT CONTINUUM
 
19      SECTION 11.  Case management focuses on assisting the
 
20 substance-abusing offender in acquiring needed resources.  The
 
21 substance abuse continuum of care focuses on activities that help
 
22 substance-abusing offenders recognize the extent of their
 
23 substance abuse problem, acquire the motivation and tools to stay
 

 
Page 20                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 sober, and use those tools.  The continuum of treatment services
 
 2 should include the following elements:
 
 3      (1)  Residential programs provide a planned regiment of
 
 4           professionally directed evaluation, treatment, case
 
 5           management, and other ancillary and special services
 
 6           twenty-four hours a day, seven days a week.
 
 7      (2)  Day treatment programs provide the client with the
 
 8           opportunity to participate in a structured therapeutic
 
 9           program while still being able to remain in the
 
10           community. The level of care consists of a minimum of
 
11           twenty hours per week of face-to-face treatment,
 
12           including a minimum of one hour per week of individual
 
13           counseling.
 
14      (3)  Intensive outpatient programs provide non-residential
 
15           intensive specialized services on a scheduled basis for
 
16           a minimum of nine hours, and a maximum of nineteen
 
17           hours, per client per week of face-to-face treatment.
 
18           At least one hour per week must include individual
 
19           counseling.
 
20      (4)  Outpatient programs provide non-residential
 
21           comprehensive specialized services on a scheduled
 
22           basis, including professionally directed evaluation,
 
23           treatment, case management, and recovery services for
 

 
Page 21                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1           clients with less problematic substance abuse related
 
 2           behavior than would be found in a residential or day
 
 3           treatment program. Outpatient clients receive between
 
 4           one and eight hours per client per week of face-to-face
 
 5           treatment with a minimum of one hour of individual
 
 6           counseling per month.
 
 7      (5)  Therapeutic living programs are intended for the
 
 8           individuals who are without appropriate living
 
 9           alternatives and who:
 
10           (a)  Are receiving substance abuse treatment in a day,
 
11                intensive outpatient, or outpatient program; or
 
12           (b)  Have been clinically discharged within six months
 
13                from a substance abuse treatment program.
 
14            The focus is to provide the necessary support and
 
15            encouragement for clients in their movement toward
 
16            independent housing and life management.
 
17      (6)  Clean and sober houses provide the client who is
 
18           actively involved with outpatient treatment or has
 
19           successfully completed more intensive forms of
 
20           treatment with a place of residence that supports a
 
21           clean and sober life style.
 
22      SECTION 12.  There is appropriated out of the substance
 
23 abuse prevention and treatment special fund the sum of $_____, or
 

 
Page 22                                                    
                                     H.B. NO.           2595
                                                        H.D.1
                                                        

 
 1 so much thereof as may be necessary for the fiscal year 2000-
 
 2 2001, to provide for substance abuse treatment services for
 
 3 criminal offenders. The sum appropriated shall be expended by the
 
 4 department of health.
 
 5                PART IV.  INTERAGENCY COORDINATION
 
 6      SECTION 13.  To ensure that interagency cooperation and
 
 7 coordination continue between the department of health, the
 
 8 department of public safety, the Hawaii paroling authority, the
 
 9 judiciary, and the office of youth services, a coordinating body
 
10 shall be established by an interagency cooperative agreement. The
 
11 interagency cooperative agreement shall set forth the role of the
 
12 coordinating body and the responsibilities of each agency that is
 
13 party to the agreement. The department of public safety shall act
 
14 as facilitator of the coordinating body by providing
 
15 administrative support to the coordinating body.
 
16      SECTION 14.  This Act does not affect rights and duties that
 
17 matured, penalties that were incurred, and proceedings that were
 
18 begun, before its effective date.
 
19      SECTION 15.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 16.  This Act shall take effect on July 1, 2000.