Report Title:

Drug Court Establishment

 

Description:

Establishes a permanent drug court for the second circuit; makes appropriation. (SD1)

 

THE SENATE

S.B. NO.

187

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO courts.

 

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

SECTION 1. The legislature finds that since its inception in January 1996, Hawaii’s drug court program has been an extremely successful alternative to incarceration for the non-violent drug-abusing offender. Hawaii’s drug court program offers substance abusers an effective means of addressing their abuse problems while being held accountable for their progress in treatment through regular contact with the drug court.

Under Hawaii’s program, pretrial defendants go through a probationary treatment period that is tailored to their specific rehabilitation needs, and that must end their substance abuse. They receive counseling, learn life and social skills, and enroll in school or find fulltime employment.

In August 2000, the second circuit court launched the Maui drug court pilot project and within three months had as many as sixty-six nonviolent drug offenders referred to the program, far exceeding the slots funded for the first year. The individuals enrolled in this project demonstrate the extent of the drug epidemic on Maui. Seventy per cent have a primary addiction to methamphetamine ("ice"). Thirty-five per cent are women, and another thirty-five per cent are of Hawaiian descent. These offenders range in age from eighteen to forty-seven years.

Given the rapid pace and large numbers of eligible defendants referred to the Maui drug court, there is clearly a need for a permanent program in order to help more men and women break the cycle of drugs, crime, and prison.

Accordingly, the purpose of this Act is to establish a permanent drug court program within the second 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, established. There is established a permanent drug court within the circuit court of the second circuit. The purpose of the drug court is to enhance the effectiveness of the criminal justice system and its substance abuse delivery system and treatment through:

(1) Early intervention and increased diversion from incarceration;

(2) Individualized assessment of drug problems;

(3) Increased access to a continuum of drug treatment options, from assessment for appropriate treatment that will include a spectrum of solutions from drug education to residential substance abuse treatment, and after care to increased drug testing by urinalysis; and

(4) Judicial tracking and increased judicial involvement in monitoring treatment participation with the use of incentives for compliance and graduated sanctions for noncompliance.

The drug court shall consist of the existing second circuit court judges, to be selected by the chief justice. The activities of the drug court judge shall be supported by related case management and auxiliary and support services, treatment, urinalysis, and intensive supervision mechanisms."

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 within the circuit court of the second circuit.

SECTION 4. The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.