Report Title:

Drug Court Expansion; Appropriation

 

Description:

Establishes a permanent drug court in the first circuit court and makes appropriation. (SD1)

 

THE SENATE

S.B. NO.

1415

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the judiciary.

 

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

SECTION 1. The legislature finds that rehabilitation programs that educate and prepare persons awaiting trial, after conviction, who are incarcerated, or on parole, are critical to the well being of the community. In addition, prompt handling of drug cases and more intensive judicial involvement with monitoring will help ensure the effectiveness of the system.

The legislature finds that since its inception in January 1996, Hawaii’s drug court program has been an extremely successful alternative to incarceration for nonviolent substance abusing offenders, offering them an effective means of addressing their abuse problems while being held accountable for their progress in treatment through regular contact with the drug court.

The purpose of this Act is to establish a permanent drug court program within the circuit court of the first circuit.

SECTION 2. Chapter 603, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§603-   Drug court program; established. (a) There is established a permanent drug court program within the circuit court of the first circuit. Nonviolent substance abusing offenders may be accepted into the drug court program with or without the consent of either the prosecuting attorney or the defendant’s attorney. The purpose of the drug court program is to enhance the effectiveness of the criminal justice system and its substance abuse treatment system through:

(1) A probationary treatment period tailored to meet the specific rehabilitation needs of the defendant, and designed to end or substantially mitigate substance abuse through any combination of:

(A) Counseling;

(B) Life and social skill development;

(C) Academic training; and

(D) Employment, as deemed appropriate by the drug court; and

(2) Access to

(A) A continuum of substance abuse treatment options;

(B) Related case management;

(C) Auxiliary and support services;

(D) Urinalysis; and

(E) Intensive supervision mechanisms; and

(3) Judicial tracking and involvement in monitoring treatment participation that may include the use of incentives for compliance and graduated sanctions for noncompliance.

(b) The drug court program shall consist of one of the existing first circuit court judges, to be selected by the chief justice."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary for fiscal year 2002-2003, for the establishment of a permanent drug court program within the circuit court of the first circuit.

The sums appropriated shall be expended by the judiciary.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.