REPORT TITLE:
Substance Abuse Policy Council


DESCRIPTION:
Establishes a substance abuse multi-agency coordinating council
within the department of health to develop statewide policy
guidelines regarding education, prevention, and treatment
programs; provides funding sources and mechanisms.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2434
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SUBSTANCE ABUSE.



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

 1                              Part I.
 
 2      SECTION 1.  The legislature finds that substance abuse
 
 3 touches our community in many different ways.  The high social
 
 4 and financial costs of substance abuse related problems include
 
 5 domestic violence, motor vehicle accidents caused by driving
 
 6 under the influence, prostitution, property crime, and rising
 
 7 health care costs stemming from drug-exposed infants and
 
 8 children.  The legislature further finds there exists no
 
 9 effective statewide drug control policy or interagency
 
10 collaborative effort.  The individual efforts of the several
 
11 state agencies to address substance abuse are fragmented and are
 
12 not sufficiently addressing this growing social disease.  The
 
13 legislature further notes that many other states provide for the
 
14 distribution of federal and other funds in support of substance
 
15 abuse programs through the governor's office in order to track
 
16 and coordinate funding efforts.  
 
17      In order to address this growing problem and fragmentation
 
18 of the State's efforts, the legislature believes that there is an
 
19 urgent need to establish a substance abuse multi-agency
 

 
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 1 coordinating council to develop statewide integrated substance
 
 2 abuse treatment and prevention policy.  The legislature further
 
 3 agrees that the department of health is the most appropriate
 
 4 placement of this policy council, in light of the seriousness of
 
 5 this problem and the need for coordination of programs, services,
 
 6 and funding.
 
 7      Accordingly, the purpose of this Act is to establish a
 
 8 substance abuse multi-agency coordinating council which shall be
 
 9 convened by the department of health to develop a statewide
 
10 integrated policy, setting the general direction for substance
 
11 abuse prevention and treatment programs.
 
12                             Part II.
 
13      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
14 as follows:
 
15      1.  By amending the title of Part XVI to read:
 
16         "PART XVI.  SUBSTANCE ABUSE POLICY AND PROGRAMS"
 
17      2.  By amending section 321-191 to read:
 
18      "[[]321-191[]]  Definitions.  As used in this part:
 
19      ["Advisory commission" means the state advisory commission
 
20 on drug abuse and controlled substances established in section
 
21 329-2.]
 
22      "Advisory committee" means the community alliance advisory
 

 
 
 
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 1 committee established under this part.
 
 2      "Coordinating council" means the substance abuse inter-
 
 3 agency coordinating council established under this part.
 
 4      "Department" means the department of health.
 
 5      "Substance" means alcohol, any drug on schedules I through
 
 6 IV of chapter 329, or any substance which includes in its
 
 7 composition volatile organic solvents.
 
 8      "Substance abuse" means the misuse of a substance or the use
 
 9 of a substance to an extent deemed deleterious or detrimental to
 
10 the user, to others, or to society."
 
11      3.  By adding three new sections to be appropriately
 
12 designated and to read:
 
13      "321-   Substance abuse multi-agency coordinating
 
14 council.  (a)  There is established within the department of
 
15 health, a substance abuse multi-agency coordinating council for
 
16 the purposes of developing statewide policy direction to promote
 
17 an integrated and coordinated substance abuse prevention and
 
18 treatment system for the State, and to identify funding
 
19 opportunities to support implementation of all elements of the
 
20 system.  The coordinating council shall be composed of the
 
21 governor or the governor's designee, the attorney general or the
 
22 attorney general's designee, the director of finance or the
 

 
 
 
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 1 director's designee, the superintendent of education or the
 
 2 superintendent's designee, the director of health or the
 
 3 director's designee who shall be knowledgeable about substance
 
 4 abuse issues, a representative from the department of health
 
 5 knowledgeable about mental health issues to be appointed by the
 
 6 director of health, the director of human services or the
 
 7 director's designee, the director of the office of youth services
 
 8 or the director's designee, the chief justice or the chief
 
 9 justice's designee, the director of public safety or the
 
10 director's designee, the director of transportation or the
 
11 director's designee, the executive director of the housing and
 
12 community development corporation of Hawaii, one of the mayors to
 
13 be selected by the mayors or a designee, one of the prosecuting
 
14 attorneys to be selected by the prosecuting attorneys or a
 
15 designee, and the chair of the community alliance advisory
 
16 committee.
 
17      (b)  The director of health, or the director's designee,
 
18 shall serve as the chair of the coordinating council.  The
 
19 coordinating council shall meet not less than once per month, and
 
20 upon the request of the chair.  The coordinating council shall:
 
21      (1)  Develop an integrated substance abuse prevention and
 
22           treatment policy direction for the State, and include
 

 
 
 
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 1           the statewide policy in their respective departments;
 
 2      (2)  Identify infrastructure needs and resources, and
 
 3           identify funding opportunities in support of a
 
 4           statewide management information system to assist in
 
 5           monitoring and evaluating the continuum of programs;
 
 6      (3)  Assist state agencies in identifying all public and
 
 7           private funds, programs, and resources being used, or
 
 8           that may be used, to support substance abuse
 
 9           prevention, treatment, and research activities;
 
10      (4)  Identify funding opportunities and assist state
 
11           agencies in securing funds for research and
 
12           development, training, and public education in the area
 
13           of substance abuse prevention and treatment;
 
14      (5)  Conduct performance evaluations of the department of
 
15           health's personnel whose primary duties and
 
16           responsibilities relate to identifying funding
 
17           opportunities and assisting other state agencies in
 
18           securing funds; and
 
19      (6)  Assist state agencies in promoting collaboration of
 
20           effort as well as coordinating their funding requests
 
21           to avoid duplication of effort and to maximize
 
22           integration and coordination.
 

 
 
 
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 1      (c)  In assisting the coordinating council, the department
 
 2 of health shall:
 
 3      (1)  Serve as lead facilitator and provide staffing for the
 
 4           coordinating council;
 
 5      (2)  Provide current research and quality assurance reviews
 
 6           to assist the council in assessing the effectiveness of
 
 7           the continuum of substance abuse programs;
 
 8      (3)  Hire such necessary personnel, without regards to
 
 9           chapters 76 and 77, to carry out the purposes of this
 
10           part, including the hiring of a grantwriter whose
 
11           primary responsibility shall be to identify and seek
 
12           funding on behalf of any of the member agencies of the
 
13           coordinating council; and
 
14      (4)  Assist the coordinating council in promoting substance
 
15           abuse awareness and education.
 
16      (d)  The coordinating council shall convene a community
 
17 alliance advisory committee that shall include members
 
18 representing substance abuse program providers, clients of
 
19 substance abuse programs, pharmacological, medical, community and
 
20 business affairs, youth action, educational, legal defense,
 
21 enforcement, and corrections segments of the community.  One of
 
22 the appointed members shall be a member of the state council on
 

 
 
 
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 1 mental health established by section 334-10, and shall be
 
 2 knowledgeable about the community and the relationships between
 
 3 mental health, mental illness, and substance abuse.  The advisory
 
 4 committee shall appoint on an annual basis one member to serve as
 
 5 chair of the committee.  The advisory committee shall be convened
 
 6 as needed to assist the coordinating council in the development
 
 7 of the statewide policy direction.
 
 8      321-     Substance abuse programs special fund.  (a)  There
 
 9 is created in the treasury of the State, the substance abuse
 
10 programs special fund, into which shall be deposited revenues
 
11 collected by the department of taxation pursuant to sections
 
12 244D-17 and 245-15.  The special fund shall be used solely to
 
13 support the operations of the substance abuse multi-agency
 
14 coordinating council and any substance abuse programs and
 
15 services designated by legislative appropriation.
 
16      321-     Annual program and financial report.  The
 
17 department of health, in consultation with the coordinating
 
18 council, shall submit an annual program and financial report to
 
19 the legislature twenty days prior to the convening of each
 
20 regular session, which shall include, but not be limited to:
 
21      (1)  The activities of the substance abuse multi-agency
 
22           coordinating council in the development of integrated
 

 
 
 
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 1           substance abuse policy direction, including the extent
 
 2           to which program planning and funding requests have
 
 3           been integrated and coordinated;
 
 4      (2)  Revenues received and expenditures made from the
 
 5           substance abuse programs special fund, including grants
 
 6           sought and received; and
 
 7      (3)  Annual recommendations from the coordinating council
 
 8           and the advisory committee regarding substance abuse
 
 9           policy direction and programs."
 
10                             Part III.
 
11      SECTION 3.  Section 244D-17, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]244D-17[]]  Disposition of revenues.  All moneys
 
14 collected pursuant to this [chapter] section shall be paid into
 
15 the state treasury as state realizations, [to be kept and
 
16 accounted for as provided by law.]; provided that ten per cent of
 
17 the moneys shall be deposited into the substance abuse programs
 
18 special fund established pursuant to section 321-   ."
 
19      SECTION 4.  Section 245-15, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "245-15  Disposition of revenues.  All moneys collected
 
22 pursuant to this [chapter] section shall be paid into the state
 

 
 
 
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 1 treasury as state realizations [to be kept and accounted for as
 
 2 provided by law.]; provided that ten per cent of the moneys shall
 
 3 be deposited into the substance abuse programs special fund
 
 4 established pursuant to section 321-   ."
 
 5      SECTION 5.  Act 205, Session Laws of Hawaii 1995, as amended
 
 6 by Act 7, Session Laws of Hawaii 1996, and Act 152, Session Laws
 
 7 of Hawaii 1998, is amended by amending section 1 to read as
 
 8 follows:
 
 9      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "706-      Drug demand reduction assessments; substance
 
13 abuse programs special fund.(1)  In addition to any disposition
 
14 authorized by chapter 706 or 853, any person [convicted] who is:
 
15      (a)  Convicted of [a felony or misdemeanor] an offense under
 
16           part IV of chapter 712, except section 712-1250.5[,];
 
17      (b)  Convicted under section 707-702.5;
 
18      (c)  Convicted of a felony or misdemeanor offense under part
 
19           IV of chapter 329;
 
20      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3,
 
21           291-4, 291-4.3, 291-4.4, or 291-7; or
 
22 any person charged with [such an] any offense under paragraphs
 

 
 
 
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 1 (a) to (d) who has been granted a deferred acceptance of guilty
 
 2 or no contest plea [may] shall be ordered to pay a monetary
 
 3 assessment under subsection (2).
 
 4      (2)  Monetary assessments for individuals subject to
 
 5 subsection (1) shall not [exceeding] exceed the following:
 
 6      (a)  $3,000 when the offense is a class A felony;
 
 7      (b)  $2,000 when the offense is a class B felony;
 
 8      (c)  $1,000 when the offense is a class C felony; [or]
 
 9      (d)  $500 when the offense is a misdemeanor[.], except for a
 
10           misdemeanor under section 291-3.1; or
 
11      (e)  $250 when the person has been found guilty of an
 
12           offense under section 712-1249, 291-3.2, 291-3.3, 291-
 
13           4, 291-4.3, or 291-7.
 
14 Notwithstanding sections 706-640 and 706-641 and any other law to
 
15 the contrary, the assessments provided by this section shall be
 
16 in addition to and not in lieu of, and shall not be used to
 
17 offset or reduce, any fine authorized or required by law.
 
18      [(2)  There is established a special fund to be known as the
 
19 "drug demand reduction assessments special fund" to be
 
20 administered by the department of health.]
 
21      (3)  All moneys collected pursuant to this section shall be
 
22 deposited into the substance abuse programs special fund
 

 
 
 
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 1 established pursuant to section 321-   .  The disbursement of
 
 2 moneys from the [drug demand reduction assessments] substance
 
 3 abuse programs special fund shall be used to [supplement drug
 
 4 treatment and other drug demand reduction programs.] support
 
 5 statewide substance abuse prevention, intervention, and treatment
 
 6 programs, as directed by the state substance abuse policy
 
 7 council.
 
 8      [(3)] (4)  All monetary assessments paid and interest
 
 9 accrued on funds collected pursuant to this section shall be
 
10 deposited into the [drug demand reduction assessments] substance
 
11 abuse programs special fund.  Any unexpended moneys remaining in
 
12 the drug demand reduction assessments special fund shall lapse
 
13 into the substance abuse programs special fund.
 
14      [(4)] (5)  Restitution to the victim of a crime enumerated
 
15 in subsection (1) shall be made before payment of the monetary
 
16 assessment.
 
17      [(5)] (6)  The court shall not order the defendant to pay
 
18 the monetary assessment unless the defendant is or will be able
 
19 to pay the monetary assessment.""
 
20      SECTION 6.  Act 205, Session Laws of Hawaii 1995, as amended
 
21 by Act 7, Session Laws of Hawaii 1996, as amended by Act 152,
 
22 Session Laws of Hawaii 1998, is amended by amending section 4 to
 

 
 
 
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 1 read as follows:
 
 2      "SECTION 4.  This Act shall take effect upon its approval
 
 3 [and shall be repealed on June 30, 2001]."
 
 4      SECTION 7.  Section 328L-2, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (b) to read as follows
 
 6      "(b)  The fund shall be used for the purpose of receiving
 
 7 and appropriating the tobacco settlement moneys as follows:
 
 8      (1)  Forty per cent shall be appropriated into the emergency
 
 9           and budget reserve fund under section 328L-3; provided
 
10           that twenty-five per cent shall be deposited into the
 
11           substance abuse programs special fund established
 
12           pursuant to section 321-   ;
 
13      (2)  Thirty-five per cent shall be appropriated to the
 
14           department for purpose of section 328L-4; and
 
15      (3)  Twenty-five per cent shall be appropriated into the
 
16           Hawaii tobacco prevention and control trust fund under
 
17           section 328L-5."
 
18      SECTION 8.  Section 328L-3, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "[[]328L-3[]]  Emergency and budget reserve fund.(a)
 
21 There is established in the state treasury the emergency budget
 
22 and reserve fund which shall be a special fund administered by
 

 
 
 
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 1 the director of finance, into which shall be deposited:
 
 2      (1)  Forty per cent of the moneys received from the tobacco
 
 3           settlement moneys under section 328L-2(b)(1); provided
 
 4           that twenty-five per cent shall be deposited into the
 
 5           substance abuse programs special fund established
 
 6           pursuant to section 321-   ; 
 
 7      (2)  Appropriations made by the legislature to the fund."
 
 8      SECTION 9.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $          , or so
 
10 much thereof as may be necessary for fiscal year 2000-2001, to be
 
11 deposited into the substance abuse programs special fund for the
 
12 purposes of this Act, including the hiring of necessary staff.
 
13 The sum appropriated shall be expended by the department of
 
14 health.
 
15                             Part IV.
 
16      SECTION 10.  Section 321-193, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "321-193  Duties and responsibilities of department.  The
 
19 department shall:
 
20     [(1)  Coordinate all substance abuse programs including
 
21           rehabilitation, treatment, education, research, and
 
22           prevention activities.
 

 
 
 
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 1      (2)  Prepare, administer, and supervise the implementation
 
 2           of a state plan for substance abuse which may consist
 
 3           of a plan for alcohol abuse prevention and a plan for
 
 4           drug abuse prevention.
 
 5      (3)  Identify all funds, programs, and resources available
 
 6           in the State, public and private, and from the federal
 
 7           government which are being used or may be used to
 
 8           support substance abuse prevention, rehabilitation,
 
 9           treatment, education, and research activities.
 
10      (4)  Be the designated agency required by, and receive and
 
11           administer all available substance abuse funds
 
12           including but not limited to funds received from, the
 
13           federal government under Public Law 92-255, Public Law
 
14           91-616, Public Law 91-211, and Title IVA and XVI of the
 
15           Social Security Act or other subsequent Acts of
 
16           Congress which may amend or succeed such Acts.
 
17      (5)  Encourage and coordinate the involvement of private and
 
18           public agencies in the assessment of substance abuse
 
19           problems, needs, and resources.
 
20      (6)  Coordinate the delivery of available funding to public
 
21           and private agencies for program implementation.
 
22      (7)  Establish mechanisms and procedures for receiving and
 

 
 
 
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 1           evaluating program proposals, providing technical
 
 2           assistance, monitoring programs and securing necessary
 
 3           information from public and private agencies for the
 
 4           purposes of planning, management, and evaluation.
 
 5      (8)  Review the state plan for substance abuse annually for
 
 6           the purpose of evaluation and make necessary amendments
 
 7           to conform with the requirements of federal or state
 
 8           laws.
 
 9      (9)  Do all things necessary to effectuate the purposes of
 
10           this part.
 
11     (10)  Certify program administrators, counselors and accredit
 
12           programs related to substance abuse programs in
 
13           accordance with rules to be promulgated by the
 
14           department.]
 
15      (1)  Develop and administer a certification program for
 
16           substance abuse program administrators and substance
 
17           abuse counselors and an accreditation program related
 
18           to substance abuse, including development of
 
19           appropriate curriculum to achieve certification and
 
20           accreditation, that will promote the highest quality
 
21           substance abuse program administrators, counselors, and
 
22           prevention and treatment programs to meet the needs
 

 
 
 
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 1           identified through the statewide integrated policy;
 
 2      (2)  Coordinate the delivery of substance abuse prevention
 
 3           and treatment of services provided by state agencies
 
 4           and establish mechanisms and procedures for evaluating
 
 5           program proposals, providing technical assistance, and
 
 6           monitoring programs;
 
 7      (3)  Collect data and conduct research to evaluate
 
 8           effectiveness of state-funded prevention and treatment
 
 9           programs;
 
10      (4)  Be the designated agency to receive and administer
 
11           funds received from the federal government under Public
 
12           Law 92-255, Public Law 91-616, Public Law 91-211, and
 
13           Title IVA and XVI of the Social Security Act or other
 
14           subsequent Acts of Congress which may amend or succeed
 
15           such Acts;
 
16      (5)  Prepare, administer, supervise, in consultation with
 
17           the coordinating council, the implementation of a state
 
18           plan to address substance abuse;
 
19      (6)  Identify all funds, programs, and resources available
 
20           in the state, from both public and private sources, and
 
21           from the federal government, which are being used or
 
22           may be used to support substance abuse prevention,
 

 
 
 
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 1           rehabilitation, treatment, education, and research
 
 2           activities;
 
 3      (7)  Encourage and coordinate the involvement of private and
 
 4           public agencies in the assessment of substance abuse
 
 5           problems, needs, and resources;
 
 6      (8)  Coordinate the delivery of available funding to public
 
 7           and private agencies for program implementation;
 
 8      (9)  Review the state plan for substance abuse annually for
 
 9           the purpose of evaluation and make necessary amendments
 
10           to conform with the requirements of federal and state
 
11           laws; and
 
12     (10)  Submit an annual report, with the assistance of the
 
13           coordinating council, regarding the implementation of
 
14           the statewide master plan and the efficacy of
 
15           state-funded substance abuse programs."
 
16      SECTION 11.  Section 353G-13, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]353G-13[]]  Reporting and implementation.(a)  Every
 
19 assessment program, treatment program, correctional center or
 
20 facility, and parole agency that provides services pursuant to
 
21 this chapter or that otherwise supervises a person or issues an
 
22 order pursuant to this chapter shall keep case-specific records
 

 
 
 
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 1 and aggregate data and statistics as may be required by the
 
 2 department of health.
 
 3      (b)  The department of public safety, in conjunction with
 
 4 the department of health, shall report on an annual basis to the
 
 5 legislature and to the governor, its findings concerning the need
 
 6 for and implementation of the various provisions of this chapter.
 
 7 The report shall include a synopsis of information or data
 
 8 necessary to determine the impact, utility, and cost-benefits of
 
 9 the provisions of this chapter.
 
10      [(c)  The department of public safety, in conjunction with
 
11 the department of health, shall establish an advisory board that
 
12 shall be comprised of judges, prosecutors, defense attorneys,
 
13 adult probation officials, parole officials, correctional
 
14 officials, representatives of assessment programs and treatment
 
15 programs, and individuals working in licensed alcohol and other
 
16 drug abuse treatment facilities who are past consumers of
 
17 treatment services.  The advisory board shall meet periodically
 
18 to discuss the provisions, implementation, and evaluation of this
 
19 chapter, and to make recommendations to the department of health.
 
20      (d)] (c)  Except as provided in this chapter, all data,
 
21 information, or records kept or compiled pursuant to this section
 
22 shall be deemed to be government records for the purposes of
 

 
 
 
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 1 chapter 92F."
 
 2      SECTION 12.  Sections 321-194 and 321-195, Hawaii Revised
 
 3 Statutes, are repealed.
 
 4      ["[321-194]  State advisory commission.  The state advisory
 
 5 commission on drug abuse and controlled substances established in
 
 6 section 329-2 shall advise the director on all matters relating
 
 7 to substance abuse including but not limited to the preparation
 
 8 of the state plan for substance abuse.  In addition, the advisory
 
 9 commission shall perform such duties and assume such
 
10 responsibilities as required by federal law for the purpose of
 
11 receiving federal funding."]
 
12      ["[321-195]  Annual report to the legislature.  The
 
13 department shall submit an annual report to the legislature
 
14 detailing its progress in the implementation of the state plan
 
15 for substance abuse.  The report shall be submitted twenty days
 
16 before the beginning of each regular session of the legislature."
 
17      SECTION 13.  Sections 329-2 through 329-4, Hawaii Revised
 
18 Statutes, are repealed.
 
19      ["329-2 Hawaii advisory commission on drug abuse and
 
20 controlled substances; number; appointment.  There shall be
 
21 established a state advisory commission on drug abuse and
 
22 controlled substances consisting of not more than fifteen nor
 

 
 
 
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 1 less than nine members appointed by the governor, as provided in
 
 2 section 26-34.  The members shall be selected on the basis of
 
 3 their ability to contribute to the solution of problems arising
 
 4 from the abuse of controlled substances, and to the extent
 
 5 possible, shall represent the pharmacological, medical, community
 
 6 and business affairs, youth action, educational, legal defense,
 
 7 enforcement, and corrections segments of the community.  One of
 
 8 the appointed members shall be a member of the state council on
 
 9 mental health established by section 334-10, and shall be
 
10 knowledgeable about the community and the relationships between
 
11 mental health, mental illness, and substance abuse.  The
 
12 commission shall elect a chairperson from among its members.  The
 
13 members shall serve without compensation, but shall be paid their
 
14 necessary expenses in attending meetings of the commission.  The
 
15 commission shall be a part of the department of health for
 
16 administrative purposes; provided that the department of health
 
17 shall appoint an ex-officio non-voting representative to the
 
18 commission who shall regularly attend meetings of both this
 
19 commission and the state council on mental health, and make
 
20 regular reports to both bodies."]
 
21      ["[329-3]  Annual report.  The commission shall prepare and
 
22 present to the governor in the month of January in each year a
 

 
 
 
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 1 report respecting its actions during the preceding fiscal year,
 
 2 together with its recommendations respecting legislation, copies
 
 3 of which reports shall be furnished by the governor to the
 
 4 legislature."]
 
 5      ["329-4 Duties of the commission.  The commission shall:
 
 6      (1)  Act in an advisory capacity to the department of public
 
 7           safety relating to the scheduling of substances
 
 8           provided in part II of this chapter, by recommending
 
 9           the addition, deletion, or rescheduling of all
 
10           substances enumerated in part II of this chapter.
 
11      (2)  Act in an advisory capacity to the department of public
 
12           safety relating to establishment and maintenance of the
 
13           classes of controlled substances, as provided in part
 
14           II of this chapter.
 
15      (3)  Assist the department of health in coordinating all
 
16           action programs of community agencies (state, county,
 
17           military, or private) specifically focused on the
 
18           problem of drug abuse.
 
19      (4)  Assist the department of health in carrying out
 
20           educational programs designed to prevent and deter
 
21           abuse of controlled substances.
 
22      (5)  Encourage research on abuse of controlled substances.
 

 
 
 
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 1           In connection with such research, and in furtherance of
 
 2           the enforcement of this chapter, it may, with the
 
 3           approval of the director of health:
 
 4           (A)  Establish methods to assess accurately the effects
 
 5                of controlled substances and to identify and
 
 6                characterize controlled substances with potential
 
 7                for abuse;
 
 8           (B)  Make studies and undertake programs of research
 
 9                to:
 
10                (i)  Develop new or improved approaches,
 
11                     techniques, systems, equipment, and devices
 
12                     to strengthen the enforcement of this
 
13                     chapter;
 
14               (ii)  Determine patterns of abuse of controlled
 
15                     substances and the social effects thereof;
 
16                     and
 
17              (iii)  Improve methods for preventing, predicting,
 
18                     understanding, and dealing with the abuse of
 
19                     controlled substances.
 
20      (6)  Create public awareness and understanding of the
 
21           problems of drug abuse.
 
22      (7)  Sit in an advisory capacity to the governor and other
 

 
 
 
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 1           state departments as may be appropriate on matters
 
 2           relating to the commission's work.
 
 3      (8)  Act in an advisory capacity to the director of health
 
 4           in substance abuse matters under chapter 321, part XVI.
 
 5           For the purposes of this paragraph, "substance" shall
 
 6           include alcohol in addition to any drug on schedules I
 
 7           through IV of this chapter and any substance which
 
 8           includes in its composition volatile organic
 
 9           solvents."]
 
10                              Part V.
 
11      SECTION 14.  An integrated case management system defines a
 
12 single point of accountability which is responsible for
 
13 continuity of communication, care, and follow-up for substance-
 
14 abusing offenders, regardless of which services they may receive
 
15 at any given time, or which criminal justice agency is
 
16 supervising the offender.  Case management replaces a haphazard
 
17 process of referrals with a single, well-structured service.  In
 
18 doing so, it offers the offender continuity.  As a single point
 
19 of contact, case managers have obligations not only to their
 
20 clients, but also to the members of the systems with whom they
 
21 interact.  Case managers must familiarize themselves with
 
22 protocols and operating procedures observed by these other
 

 
 
 
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 1 professionals.  The case manager must mobilize needed resources,
 
 2 which requires the ability to negotiate formal systems, to barter
 
 3 informally among service providers, and to consistently pursue
 
 4 informal networks.  Case managers must not only have many of the
 
 5 same abilities as other professionals who work with substance
 
 6 abusers (such as counselors), they must also possess special
 
 7 abilities relating to such areas as interagency functioning,
 
 8 negotiating, and advocacy.
 
 9      Case management for substance-abusing offenders includes two
 
10 basic dimensions:  referral and service coordination.  Referral
 
11 activities include a number of steps in securing the appropriate
 
12 services for the client.  Networking with the array of agency,
 
13 professional, and community groups that impact the treatment
 
14 continuum ensures appropriate referrals, identification of
 
15 service gaps, and assistance in meeting the unmet needs of the
 
16 client.  Knowing where and when to refer to a specific service is
 
17 vital to successful case management.  Also, the sharing of
 
18 information between the criminal justice agency responsible for
 
19 the supervision of the client, the treatment provider, and the
 
20 case manager provides for the continuity of care and enhanced
 
21 community safety by ensuring substance abuse treatment needs are
 
22 being met and program participation is adhered to.  Lastly, the
 

 
 
 
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 1 case management system requires evaluation of the outcome of
 
 2 treatment referrals to monitor appropriateness of treatment being
 
 3 provided by the service agency.
 
 4      Service coordination consists of two equally important
 
 5 aspects:  development and implementation of a treatment plan, and
 
 6 consulting with other professionals and agencies involved with
 
 7 the individual client.  The development of a treatment plan
 
 8 requires obtaining, reviewing, and interpreting all relevant
 
 9 screening, assessment, and initial treatment planning
 
10 information.  Implementation of the treatment plan includes
 
11 initiating collaboration with the referral source and completing
 
12 the administrative procedures for admission to treatment.  The
 
13 case manager is responsible for coordinating all treatment
 
14 activities with services provided to the client by other
 
15 resources.  The consulting role of the case manager involves
 
16 participation with a multidisciplinary treatment team that
 
17 assists in providing coordination of services and identification
 
18 of client needs and treatment gaps.  Client progress is tracked
 
19 through these multidisciplinary teams for the purpose of ensuring
 
20 quality of care, gaining feedback, and planning changes in the
 
21 course of treatment.
 
22      SECTION 15.  There is appropriated out of the substance
 

 
 
 
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 1 abuse prevention and treatment special fund the sum of
 
 2 $          , or so much thereof as may be necessary for fiscal
 
 3 year 2000-2001, to provide for the hiring of staff and the
 
 4 purchase of necessary services and equipment to carry out
 
 5 integrated case management for the substance-abusing criminal
 
 6 offender.  The sum appropriated shall be expended by the
 
 7 department of health.
 
 8                             Part VI.
 
 9      SECTION 16.  Case management focuses on assisting the
 
10 substance-abusing offender in acquiring needed resources.  The
 
11 substance abuse continuum of care focuses on activities that help
 
12 substance-abusing offenders recognize the extent of their
 
13 substance abuse problem, acquire the motivation and tools to stay
 
14 sober, and use those tools.  The continuum of treatment services
 
15 should include the following elements:
 
16      (1)  Residential programs provide a planned regiment of
 
17           professionally directed evaluation, treatment, case
 
18           management, and other ancillary and special services
 
19           twenty-four hours a day, seven days a week.
 
20      (2)  Day treatment programs provide the client with the
 
21           opportunity to participate in a structured therapeutic
 
22           program while still being able to remain in the
 

 
 
 
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 1           community. The level of care consists of a minimum of
 
 2           twenty hours per week of face-to-face treatment,
 
 3           including a minimum of one hour per week of individual
 
 4           counseling.
 
 5      (3)  Intensive outpatient programs provide non-residential
 
 6           intensive specialized services on a scheduled basis for
 
 7           a minimum of nine hours, and a maximum of nineteen
 
 8           hours, per client per week of face-to-face treatment.
 
 9           At least one hour per week must include individual
 
10           counseling.
 
11      (4)  Outpatient programs provide non-residential
 
12           comprehensive specialized services on a scheduled
 
13           basis, including professionally directed evaluation,
 
14           treatment, case management, and recovery services for
 
15           clients with less problematic substance abuse related
 
16           behavior than would be found in a residential or day
 
17           treatment program. Outpatient clients receive between
 
18           one and eight hours per client per week of face-to-face
 
19           treatment with a minimum of one hour of individual
 
20           counseling per month.
 
21      (5)  Therapeutic living programs are intended for the
 
22           individuals who are without appropriate living
 

 
 
 
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 1           alternatives and who:
 
 2           (a)  Are receiving substance abuse treatment in a day,
 
 3                intensive outpatient, or outpatient program; or
 
 4           (b)  Have been clinically discharged within six months
 
 5                from a substance abuse treatment program.
 
 6           The focus is to provide the necessary support and
 
 7           encouragement for clients in their movement toward
 
 8           independent housing and life management.
 
 9      (6)  Clean and sober houses provide the client who is
 
10           actively involved with outpatient treatment or has
 
11           successfully completed more intensive forms of
 
12           treatment with a place of residence that supports a
 
13           clean and sober life style.
 
14      SECTION 17.  There is appropriated out of the substance
 
15 abuse prevention and treatment special fund the sum of
 
16 $          , or so much thereof as may be necessary for the
 
17 fiscal year 2000-2001, to provide for substance abuse treatment
 
18 services for criminal offenders.  The sum appropriated shall be
 
19 expended by the department of health.
 
20                             Part VII.
 
21      SECTION 18.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 

 
 
 
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 1 begun, before its effective date.
 
 2      SECTION 19.  The legislative reference bureau shall prepare
 
 3 proposed conforming legislation to make necessary amendments to
 
 4 statutes affected by the repeal of sections 321-194, 321-195,
 
 5 329-2, 329-3, and 329-4, Hawaii Revised Statutes.  The
 
 6 legislative reference bureau shall transmit such proposed
 
 7 legislation to the legislature not later than twenty days prior
 
 8 to the convening of the regular session of 2001.
 
 9      SECTION 20.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 21.  This Act shall take effect upon its approval;
 
12 provided that parts III, V, and VI shall take effect on July 1,
 
13 2010.