REPORT TITLE: 
Drug treatment
DESCRIPTION:
Mandates substance abuse assessment or treatment for offenders
under the custody of the Department of Public Safety.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                     A BILL FOR AN ACT

RELATING TO SUBSTANCE ABUSE.



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


 1      SECTION 1.  The legislature finds:
 
 2      (1)  A growing body of research demonstrates the destructive
 
 3           impact of alcohol and other substance abuse on personal
 
 4           health and health care costs, the spread of
 
 5           communicable disease, educational performance and
 
 6           attainment, work force participation, safety and
 
 7           productivity in the workplace, and financial stability.
 
 8           These indicators of social erosion are in turn related
 
 9           to crime in many obvious but hard to measure ways.
 
10           Given the recognized relationship between crime and
 
11           substance abuse and addiction, it is necessary and
 
12           appropriate to use, adapt, and expand the resources and
 
13           remedies available within the criminal justice system
 
14           to address the problem of substance abuse dependency
 
15           and thereby to help reduce the demand for illicit drugs
 
16           and the incidence of drug-related crimes.
 
17      (2)  Studies, such as the drug use forecasting studies
 
18           conducted by the National Institute of Justice, reveal
 
19           that a large percentage of persons arrested for both
 

 
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 1           drug and nondrug offenses (such as thefts, burglaries,
 
 2           robberies, assaults, rapes, and homicides) test
 
 3           positive for recent drug use.  Many offenses are
 
 4           committed by adults who are under the influence of a
 
 5           controlled substance or alcohol or are committed in
 
 6           order to raise revenues to support the person's drug
 
 7           habit.  Some mind and mood altering drugs, moreover, 
 
 8 seem to induce criminal and often violent behavior, reducing the
 
 9 person's inhibitions as well as the person's ability to
 
10 anticipate future consequences, thereby undermining the deterrent
 
11 thrust of the criminal law.  Some drugs also may reduce an
 
12 offender's ability to empathize with a potential victim,
 
13 resulting in episodes of seemingly mindless violence.  Finally,
 
14 some crimes, including crimes of violence, are committed in the
 
15 normal course of conducting illicit drug businesses and
 
16 enterprises.  These include strong arm robberies and "rip-offs",
 
17 violent retaliations for these offenses, and efforts to protect
 
18 markets and "turf" by means of intimidation and terrorism
 
19 directed against would-be competitors and drug purchasers who
 
20 patronize competing drug distributors.
 
21      (3)  Research has demonstrated that substance abuse and
 

 
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 1           addiction is treatable within the offender population
 
 2           and that appropriate actions by criminal justice
 
 3           professionals can foster the effectiveness of
 
 4           treatment.  This research further demonstrates that the
 
 5           effectiveness of substance abuse treatment is directly
 
 6           related to the length of stay in treatment.  The threat
 
 7           of criminal justice sanctions, in turn, can be used to
 
 8           motivate offenders to enter treatment and stay in
 
 9           treatment for as long as necessary to effect positive
 
10           change.  To achieve this change, treatment must be of
 
11           sufficient duration and intensity, must be supported by
 
12           periodic comprehensive drug testing to maintain program
 
13           integrity, must be provided by professional staff who
 
14           have received adequate training and who continue to
 
15           receive training and adequate supervision, and must
 
16           provide for the continued collection and analysis of
 
17           program data to allow for both process and impact
 
18           evaluation.  Moreover, the drug and alcohol treatment
 
19           programs must be accredited by the department of health
 
20           and must be appropriate in type, duration, and
 
21           intensity based upon the length and level of treatment
 
22           derived from an alcohol and other drug assessment of
 
23           each individual's needs, balanced with the public's
 

 
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 1           right to protection.
 
 2      (4)  Few addicts voluntarily seek help for a substance abuse
 
 3           problem.  Many drug dependent persons deny that they
 
 4           have a problem.  Consequently, the decision to
 
 5           participate in treatment typically is the result of
 
 6           pressure brought to bear by other persons, including
 
 7           family members, friends, co-workers, employers, medical
 
 8           and health care professionals, school officials,
 
 9           courts, or law enforcement agencies.  Since a
 
10           substantial percentage of referrals for substance abuse
 
11           treatment come from law enforcement agencies, the law
 
12           enforcement community acts as a major point of entry to
 
13           the substance abuse treatment system.  It is in the
 
14           public interest to use the coercive powers of the law
 
15           enforcement community and their jurisdiction over
 
16           persons charged with committing crimes to
 
17           constructively influence substance abusing and addicted
 
18           offenders and to provide strong incentives for these
 
19           offenders to accept help and to participate and remain
 
20           as long as necessary in meaningful treatment and
 
21           monitoring programs.
 
22      (5)  Most addicted offenders who are convicted of serious
 
23           crimes and who are sentenced to terms of imprisonment
 

 
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 1           will eventually be released back into the community on
 
 2           parole or at the expiration of their sentences.
 
 3           Without proper treatment, an offender is likely to
 
 4           continue to be drug dependent and to commit new
 
 5           offenses, resulting in further injury to victims, loss
 
 6           of property, and the expenditure of limited resources
 
 7           to identify, apprehend, prosecute, and return the
 
 8           offender to confinement.  Under these circumstances,
 
 9           the overriding need to protect the public safety
 
10           requires that all substance abusing and addicted
 
11           offenders receive appropriate treatment and monitoring
 
12           services, based on the individual's need as determined
 
13           by an alcohol and other drug assessment, either in lieu
 
14           of or during the course of traditional imprisonment,
 
15           and continue to receive needed treatment or appropriate
 
16           aftercare, support, or monitoring services as a
 
17           condition of parole or other release from confinement.
 
18      (6)  Persons charged with repeat offenses who actively abuse
 
19           or are addicted to a controlled substance or alcohol
 
20           and who are not undergoing appropriate treatment and
 
21           monitoring pose a proportionately greater risk of
 
22           criminal recidivism. 
 
23      (7)  To ensure uniformity and the best possible use of
 

 
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 1           limited resources, the department of health must
 
 2           develop and enforce accreditation and operational
 
 3           standards for all programs, whether public or private,
 
 4           that provide substance abuse assessment services or
 
 5           treatment services to adults who are repeat offenders
 
 6           who are inmates in correctional centers and facilities.
 
 7      (8)  For treatment and intervention services to be most
 
 8           effective, alcohol and other drug abusing and addicted
 
 9           offenders must be assured that information provided
 
10           during the course of treatment and counseling will be
 
11           kept confidential in accordance with 42 United States
 
12           Code section 290dd-3 and 42 C.F.R. Part 2, which govern
 
13           the confidentiality of alcohol and other drug abuse
 
14           treatment records.  Without these protections, an
 
15           offender in need of alcohol and other drug treatment
 
16           services may be discouraged from constructively
 
17           engaging in the treatment process.  Preserving the
 
18           confidentiality of treatment information and records is
 
19           consistent with the vital goal of holding alcohol and
 
20           other drug abusing and addicted offenders fully
 
21           accountable for their past and future actions.
 
22      The purpose of this Act is to mandate a substance abuse
 
23 assessment and treatment program for all inmates in correctional
 

 
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 1 centers and facilities, who are alcohol or drug dependent, or who
 
 2 are otherwise in need of substance abuse treatment and
 
 3 monitoring.  It is the intent of this Act to hold substance
 
 4 abusing offenders accountable for their past and future actions
 
 5 by means of an effective combination of rewards, threats, and
 
 6 swiftly imposed punishments and sanctions designed to take full
 
 7 advantage of the coercive influence of the criminal justice
 
 8 system.
 
 9      SECTION 2.  Chapter 353G, Hawaii Revised Statutes, is
 
10 amended by adding three new sections to be appropriately
 
11 designated and to read as follows:
 
12      "353G-    Interagency coordination.  (a)  To carry out
 
13 their responsibilities under chapter 353G, the department of
 
14 public safety, Hawaii paroling authority, judiciary, department
 
15 of health, department of human services, and any other agency
 
16 assigned oversight responsibilities for offender substance abuse
 
17 treatment by law or administrative order, shall establish, by an
 
18 interagency cooperative agreement, a coordinating body to oversee
 
19 the development and implementation of offender substance abuse
 
20 treatment programs in the State to ensure compliance with the
 
21 intent of the master plan developed under chapter 353G.  The
 
22 interagency cooperative agreement shall set forth the role of the
 
23 coordinating body and the responsibilities of each agency that is
 

 
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 1 a party to the agreement.
 
 2      (b)  The department of public safety shall be the lead
 
 3 agency for the statewide offender substance abuse treatment
 
 4 program.  As the lead agency, the department shall act as
 
 5 facilitator of the coordinating body by providing administrative
 
 6 support to the coordinating body.
 
 7      (c)  Notwithstanding any other provision to the contrary,
 
 8 any agency that is part of the interagency cooperative agreement
 
 9 shall provide, upon the request of any other participating
 
10 agency, all medical, psychological, or mental health records of
 
11 any offender receiving supervision or treatment while under
 
12 custody of the State.  Any participating agency receiving  such
 
13 records of any offender receiving supervision or treatment while
 
14 under custody of the State, shall keep that information
 
15 confidential in accordance with the requirements of 42 United
 
16 States Code section 290dd-3."
 
17      "353G-     Drug treatment; probation.  (a)  The court shall
 
18 sentence to be placed on probation any person who:
 
19      (1)  Is convicted of an offense under section 712-1243, 712-
 
20           1246, 712-1247, or 712-1249.6;
 
21      (2)  Has no prior conviction for any offense;
 
22      (3)  Agrees to comply with the conditions of probation
 
23           provided by the court; and
 

 
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 1      (4)  Has been recommended for substance abuse treatment as
 
 2           the result of a drug assessment performed pursuant to
 
 3           section 353G-5.
 
 4 In addition to any other conditions provided by the court under
 
 5 section 706-624, the court shall provide, as an explicit
 
 6 condition of a sentence of probation for a defendant meeting the
 
 7 requirements of this section, that the defendant undergo
 
 8 available treatment for drug or alcohol dependency, and remain in
 
 9 a specified institution if required for that purpose.
 
10      (b)  If, after a hearing as described in section 706-25, the
 
11 court finds that a person sentenced to be placed on probation
 
12 under subsection (a) has inexcusably failed to comply with a
 
13 substantial requirement of the order that is related to substance
 
14 abuse treatment or substance abuse, and the court finds that the
 
15 person has not previously failed to comply with any substantial
 
16 requirement of the order, the court shall not revoke probation
 
17 but may make any other order permitted by section 706-625."
 
18      "353G-    Drug treatment.  The department of public safety
 
19 may order an inmate to participate in treatment for drug or
 
20 alcohol dependency if the inmate has been recommended for
 
21 substance abuse treatment as the result of a drug assessment
 
22 performed pursuant to section 353G-5."
 
23      SECTION 3.  Section 353G-3, Hawaii Revised Statutes is
 

 
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 1 amended by amending subsection (a) to read as follows:
 
 2      "[[]353G-3[]]  Mandatory drug testing of [repeat
 
 3 offenders.] felons.  (a)  Any inmate who has been convicted of
 
 4 [an offense] a felony under chapter 329, 329C, 707, 708, 709,
 
 5 710, 711, or 712, [and has one prior conviction under any of
 
 6 these chapters,] shall be required to submit to drug testing."
 
 7      SECTION 4.  Section 353G-4, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "[[]353G-4[]]  Mandatory assessment of [offenders.] felons.
 
10 (a)  Any inmate who has been convicted of [more than one offense]
 
11 a felony under chapter 329, 329C, 707, 708, 709, 710, 711, or
 
12 712, [and has one prior conviction under any of these chapters,]
 
13 shall be required to undergo an assessment if:
 
14      (1)  The inmate refuses to undergo a drug test required
 
15           under section 353G-3;
 
16      (2)  The results of the drug test conducted pursuant to
 
17           section 353G-3 reveal the presence of a controlled
 
18           substance, for which the inmate has no lawful
 
19           prescription, or reveals alcohol abuse or dependency;
 
20      (3)  The inmate requests an assessment;
 
21      (4)  The inmate admits to the unlawful use of a controlled
 
22           substance within the year preceding the conviction for
 
23           the present charge or admits to alcohol abuse or
 

 
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 1           alcoholism;
 
 2      (5)  The inmate has been granted a conditional discharge
 
 3           within the past five years pursuant to section 712-1255
 
 4           or any similar or predecessor law of this State, any
 
 5           other state, or federal law;
 
 6      (6)  The inmate has been sentenced within the past five
 
 7           years to probation or treatment during incarceration
 
 8           pursuant to this chapter or any predecessor law of this
 
 9           State, any other state, or federal law; or
 
10      (7)  The present or pending charge involved the use or
 
11           possession of a controlled substance or alcohol."
 
12      SECTION 5.  Section 353G-5 Hawaii Revised Statutes, is
 
13 amended by amending subsection (c) to read as follows:
 
14      "(c)  Anyone receiving drug test results or assessment
 
15 results under subsection (a) shall keep that information
 
16 confidential in accordance with the requirements of 42 United
 
17 States code section [290dd-3.] 290dd-2."
 
18      SECTION 6.  Section 353G-6, Hawaii Revised Statutes, is
 
19 amended by amending subsection (b) to read as follows:
 
20      "(b)  Except as provided by law, an assessment shall be used
 
21 only for the purposes listed in subsection (a)(2) or [(a)(3)]
 
22 (a)(3), to provide information to a court in sentencing a
 
23 defendant, and to provide background information about an inmate
 
24 to any person or agency conducting a prerelease assessment
 

 
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 1 pursuant to section 353G-4."
 
 2      SECTION 7.  Section 353G-16, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  The department of public safety, with the assistance
 
 5 of the department of health[, may] and the attorney general,
 
 6 shall pursue all available funding through federal, state and
 
 7 local government programs [and] or private sources.  [Contingent
 
 8 upon the receipt of sufficient funds, the department of public
 
 9 safety may implement the assessment and treatment services
 
10 mandated pursuant to this chapter.  If at any time funds are not
 
11 available, the department may not be required to provide these
 
12 services.]  In addition, the department of public safety, in
 
13 conjunction with the department of health, may pursue all
 
14 available federal matching funds through medicaid for nonhospital
 
15 residential alcohol and other drug treatment services from the
 
16 United States Health Care Financing Administration."
 
17      SECTION 8.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $       , or so much
 
19 thereof as may be necessary for fiscal year 2000-2001, for
 
20 substance abuse treatment programs for inmates incarcerated in
 
21 Hawaii correctional facilities.  The sum appropriated shall be
 
22 expended by the department of public safety for the purposes of
 
23 this Act.
 

 
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 1      SECTION 9.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $       , or so much
 
 3 thereof as may be necessary for fiscal year 2000-2001, for
 
 4 substance abuse treatment programs for convicted felons on
 
 5 probation.  The sum appropriated shall be expended by the
 
 6 judiciary for the purposes of this Act.
 
 7      SECTION 10.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 11.  This Act shall take effect on July 1, 2000.
 
10 
 
11 
 
12                         INTRODUCED BY:___________________________
 

 
HB HMIA 2000-89