Drug treatment

Mandates substance abuse assessment or treatment for offenders
under the custody of the Department of Public Safety.

THE SENATE                              S.B. NO.           600
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 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
20           drug and nondrug offenses (such as thefts, burglaries,

Page 2                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 3                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 4                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 5                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 6                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 7                                                     
                                     S.B. NO.           600
                                                        S.D. 1

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

Page 8                                                     
                                     S.B. NO.           600
                                                        S.D. 1

 1      (b)  The department of public safety shall be the lead
 2 agency for the statewide offender substance abuse treatment
 3 program.  As the lead agency, the department shall act as
 4 facilitator of the coordinating body by providing administrative
 5 support to the coordinating body.
 6      (c)  Notwithstanding any other provision to the contrary,
 7 any agency that is part of the interagency cooperative agreement
 8 shall provide, upon the request of any other participating
 9 agency, all medical, psychological, or mental health records of
10 any offender receiving supervision or treatment while under
11 custody of the State.  Any participating agency receiving  such
12 records of any offender receiving supervision or treatment while
13 under custody of the State, shall keep that information
14 confidential in accordance with the requirements of 42 United
15 States Code section 290dd-3."
16      SECTION 3.  Section 353G-3, Hawaii Revised Statutes is
17 amended by amending subsection (a) to read as follows:
18      "[[]353G-3[]]  Mandatory drug testing of [repeat
19 offenders.] felons.  (a)  Any inmate who has been convicted of
20 [an offense] a felony under chapter 329, 329C, 707, 708, 709,
21 710, 711, or 712, [and has one prior conviction under any of
22 these chapters,] shall be required to submit to drug testing."

Page 9                                                     
                                     S.B. NO.           600
                                                        S.D. 1

 1      SECTION 4.  Section 353G-4, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "[[]353G-4[]]  Mandatory assessment of [offenders.] felons.
 4 (a)  Any inmate who has been convicted of [more than one offense]
 5 a felony under chapter 329, 329C, 707, 708, 709, 710, 711, or
 6 712, [and has one prior conviction under any of these chapters,]
 7 shall be required to undergo an assessment if:
 8      (1)  The inmate refuses to undergo a drug test required
 9           under section 353G-3;
10      (2)  The results of the drug test conducted pursuant to
11           section 353G-3 reveal the presence of a controlled
12           substance, for which the inmate has no lawful
13           prescription, or reveals alcohol abuse or dependency;
14      (3)  The inmate requests an assessment;
15      (4)  The inmate admits to the unlawful use of a controlled
16           substance within the year preceding the conviction for
17           the present charge or admits to alcohol abuse or
18           alcoholism;
19      (5)  The inmate has been granted a conditional discharge
20           within the past five years pursuant to section 712-1255
21           or any similar or predecessor law of this State, any
22           other state, or federal law;
23      (6)  The inmate has been sentenced within the past five
24           years to probation or treatment during incarceration

Page 10                                                    
                                     S.B. NO.           600
                                                        S.D. 1

 1           pursuant to this chapter or any predecessor law of this
 2           State, any other state, or federal law; or
 3      (7)  The present or pending charge involved the use or
 4           possession of a controlled substance or alcohol."
 5      SECTION 5.  Section 353G-5 Hawaii Revised Statutes, is
 6 amended by amending subsection (c) to read as follows:
 7      "(c)  Anyone receiving drug test results or assessment
 8 results under subsection (a) shall keep that information
 9 confidential in accordance with the requirements of 42 United
10 States code section [290dd-3.] 290dd-2."
11      SECTION 6.  Section 353G-16, Hawaii Revised Statutes, is
12 amended by amending subsection (a) to read as follows:
13      "(a)  The department of public safety, with the assistance
14 of the department of health[, may] and the attorney general,
15 shall pursue all available funding through federal, state and
16 local government programs [and] or private sources.  [Contingent
17 upon the receipt of sufficient funds, the department of public
18 safety may implement the assessment and treatment services
19 mandated pursuant to this chapter.  If at any time funds are not
20 available, the department may not be required to provide these
21 services.]  In addition, the department of public safety, in
22 conjunction with the department of health, may pursue all
23 available federal matching funds through medicaid for nonhospital

Page 11                                                    
                                     S.B. NO.           600
                                                        S.D. 1

 1 residential alcohol and other drug treatment services from the
 2 United States Health Care Financing Administration."
 3      SECTION 7.  There is appropriated out of the general
 4 revenues of the State of Hawaii the sum of $       , or so much
 5 thereof as may be necessary for fiscal year 1999-2000, and the
 6 sum of $       , or so much thereof as may be necessary for
 7 fiscal year 2000-2001, for a substance abuse treatment program at
 8 the women's community correctional center.  The sums appropriated
 9 shall be expended by the department of public safety for the
10 purposes of this Act.
11      SECTION 8.  Statutory material to be repealed is bracketed.
12 New statutory material is underscored.
13      SECTION 9.  This Act shall take effect on July 1, 1999.