Report Title:

Attorney General; Drugs; Appropriations

Description:

Establishes the Drug Busters Program within the Department of the Attorney General to combat the manufacture, distribution, and sale of crystal methamphetamine. Provides funding for substance abuse treatment and prevention programs, a statewide substance abuse awareness and education campaign, operations of the Drug Nuisance Abatement Unit of the Department of the Attorney General, and student substance abuse referrals for assessments by certified substance abuse counselors. (HB1739 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1739

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO drugs.

 

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

PART I

SECTION 1. The legislature finds that drug use is becoming epidemic in the state. Crystal methamphetamine appeared in Hawaii in 1985 and was initially distributed by gangs. The U.S. Attorney has stated that crystal methamphetamine is one of the most serious public health issues in Hawaii and the Pacific region. The easy availability and high profitability of crystal methamphetamine, commonly known as "ice" because of its clear crystal icy appearance, has made this the drug of choice in Hawaii. It has been reported that Hawaii is recognized nationwide as the state with the highest use of ice. In addition, according to a recent U.S. Department of Justice report, among thirty-seven major metropolitan areas, Honolulu has the highest percentage of arrested males testing positive for crystal methamphetamine use.

Newspaper accounts of loss of life, injury, and property caused by ice-related crimes are becoming more common as these crimes continue to increase, and the drug becomes more popular and easily available. Property crimes are also on the rise as the contraband from burglaries is frequently used to obtain ice. Those who are involved in the distribution of ice are unconcerned with the devastation it causes the families involved and the community as a whole. It is simply viewed as a source of easy income.

The physical effects of ice use are frightening, a fact of which that most first-time users are unaware. While ice appears to enhance a person's mood and body movement, it also appears to have a neurotoxic effect, damaging brain cells. Over time, it can cause symptoms like those of Parkinson's disease, a severe movement disorder. It causes increased heart rate and blood pressure and can cause irreversible damage to blood vessels in the brain, producing strokes. Other effects of ice use include respiratory problems, irregular heartbeat, and extreme anorexia. Its use can also result in cardiovascular collapse and death. Its addictiveness makes it one of the most difficult drugs to eliminate from the body.

Ice has spread rapidly because it is readily available and easily converted into a smokable form. The raw drug can be produced locally using over-the-counter drugs. The labs that produce the drug are generally very mobile, often contained in simple cardboard boxes that can be stored in a variety of places. The ability to move them quickly makes these labs extremely difficult to locate and eradicate.

Additionally, crystal methamphetamine contributes to illegal activity. Substance abuse, with crystal methamphetamine as the first drug of choice, is associated with ninety per cent of the two thousand three hundred confirmed child abuse cases in the state each year. Drug use played a role in forty-four per cent of the state's homicides, and much of the state's most high-profile violence has been linked to crystal methamphetamine use. Most recently, it was reported that Hawaii's theft rates have skyrocketed. Crystal methamphetamine users support their habits through stealing, contributing to the rise in Hawaii's larceny-theft rate to the highest in the nation.

It is imperative that the State employ a variety of measures to deal harshly with those who are involved with the distribution and sale of ice. This devastation cannot continue.

One idea that has worked on a limited trial basis is the use of teams of "drug busters." These teams would consist of law enforcement professionals, including persons with experience as police officers, investigators, prosecutors, military police officers, federal agents, and human services professionals. Working together undercover and at the direction of the state department of the attorney general, these teams could collaborate with local police departments to rid the state of drug distributors, community by community.

An integral part of such a program must be prevention and rehabilitation for those who want to end their addiction. The State must immediately establish enough drug rehabilitation centers throughout Hawaii to address both adult and juvenile needs.

The purpose of this part is to address the crystal methamphetamine epidemic by establishing the drug busters program within the department of the attorney general, with the authority to obtain the services of persons with law enforcement experience on a contract basis to help enforce the laws against the sale and distribution of crystal methamphetamine.

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28-     Drug busters program. There is established the crystal methamphetamine eradication program to be called the "drug busters program" to be placed in the department of the attorney general for administrative purposes. The purpose of the program shall be to combat the manufacture, distribution, and sale of methamphetamine in the crystalline form, commonly known as "ice.""

SECTION 3. Beginning with the regular session of 2006, the department of the attorney general shall submit to the legislature no later than thirty days prior to the convening of each regular session, an annual report on the drug busters program. This report shall include:

(1) The amount of federal funding that was applied for and the amount received from each source applied to;

(2) The number of contracts filled;

(3) The number of contracts completed; and

(4) The success of the drug busters program as evidenced by:

(A) Increased arrests;

(B) Increased confiscation of "ice";

(C) Increased use of rehabilitation centers; and

(D) Any other statistical measure that is reasonably available.

SECTION 4. The attorney general and the director of public safety shall take all steps necessary to obtain federal funding for the drug busters program.

PART II

SECTION 5. Parts of this Act are a continuation of the recommendations made by the joint house-senate task force on ice and drug abatement (task force), and funds appropriated in Act 40, Session Laws of 2004, but not incorporated in the executive budget. The task force found that ice use and addiction has reached epidemic proportions, destroying families, resulting in increased criminal activities, and creating a burden on public resources such as child welfare, health, and social services.

The task force concluded that the solution to the ice epidemic is to prevent future generations from engaging in substance abuse and treat the present generation of ice abusers. The task force recommended over $21,000,000 to fight the ice epidemic.

Ice addiction is a public health crisis. Ice is now the number one substance for which publicly funded treatment for addiction is sought, surpassing admissions for alcohol abuse. Between 1998 and 2002, admissions into treatment for ice increased by approximately eighty per cent.

The legislature maintains its position that early intervention is the key to diverting young adults away from drug use. The treatment gap for adolescents who need treatment and do not receive it is over five thousand based on both state and federal estimates. Alcohol and marijuana are the two greatest threats to youth addiction, with ecstasy use on the rise. The task force recommended that school-based treatment services be expanded to the middle and intermediate schools to provide early intervention and assessment for students and prevent adolescents from using even more dangerous drugs (See Final Report of the Task Force, pp. 34-39). The legislature adopted these recommendations and appropriated $3,000,000 toward these purposes.

The legislature continues to maintain that prevention of substance abuse is critical to ensure that the ice epidemic does not spread further. The task force recommended policy guidelines for prioritizing the use of funds appropriated for substance abuse prevention: drug education and awareness in the schools and community partnerships, non-school youth activities in communities with the greatest need, education and support for families and parenting women, and community mobilization (See Final Report of the Task Force, pp. 40-46). The legislature adopted these recommendations and appropriated more than $2,000,000 to carry out those purposes.

The legislature finds that over six thousand ice users need treatment and fewer than three thousand are able to access publicly funded treatment. For all substance abuse, including alcohol, over eighty-two thousand persons require treatment. The task force found that women of child-bearing age, pregnant women, parents of young children in the home, and Hawaiians are under-served for substance abuse treatment and should be given priority in receiving publicly funded treatment (See Final Report of the Task Force, pp. 54-60). The legislature adopted the findings of the task force and found that the failure to provide adequately for the substance abuse treatment needs of adults has led to the ice epidemic, which in turn has resulted in devastating societal problems, burdens on public resources, proliferation of illegal drug trafficking, and an increase in property crimes. Increased funding for adult substance abuse treatment is necessary to stop the ice epidemic.

The legislature also finds that Act 44, Session Laws of Hawaii 2004, required the department of education to refer a student who is subject to suspension for substance abuse to be assessed by a certified substance abuse treatment counselor. The purpose of the assessment is to determine whether the student needs treatment for substance abuse or dependency and determine appropriate referral and treatment services accordingly. The outcome of this process determines whether the student will be subject to continued disciplinary action. These mandates were funded in Act 40, Session Laws of Hawaii 2004.

The department of education has indicated that, based on statewide data in recent years for drug and alcohol offenses, the estimated costs for the assessments would be $300,000 to $500,000.

The purpose of this part is to provide needed funding for substance abuse treatment and prevention by appropriating funds for:

(1) Substance abuse treatment and prevention programs, a statewide substance abuse awareness and education campaign, and the drug nuisance abatement unit in the department of the attorney general; and

(2) Student substance abuse referrals for assessments by certified substance abuse treatment counselors, to meet the requirements of Act 44, Session Laws of Hawaii 2004, regarding students subject to suspension for substance abuse.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 for adolescent substance abuse treatment programs, with priority given, based on school need and substance abuse rates, to establishing school-based treatment programs in all high schools and to establishing, as an alternative to treatment programs, prevention and intervention programs in all middle and intermediate schools.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 for substance abuse prevention, with priority given to drug education and awareness in the schools and community partnerships, non-school youth activities in communities with the greatest need, education and support for families and parenting women, and community mobilization; provided that at least fifty per cent of the sums appropriated shall be expended for development and use of evidence-based substance abuse prevention programs and practices, with emphasis on Hawaiian culturally-based programs, that include youth-to-youth programs, non-school hour programs in communities with the greatest need, and education and support for families in crisis; provided further that the sums appropriated shall be expended so as to ensure equitable distribution among the islands based on population and other indicators of need.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 for a statewide substance abuse awareness and education campaign targeted at youth, families, the workplace, and community using multi-media community presentations and events.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 for adult treatment services, including family counseling, with priority given to women of child-bearing age, pregnant women, and parents of young children in the home, and with an emphasis on culturally-based programs, especially for Hawaiians as defined in section 10-2, Hawaii Revised Statutes; provided that of the sum appropriated under this section, $1,939,975 shall be allocated to licensed adult residential treatment programs and currently-operating therapeutic living programs funded by the department of health.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 as a grant-in-aid to the city and county of Honolulu to fund, by competitive bidding, community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with greatest need, coordination of community-based drug-abatement and mobilization efforts; provided that program effectiveness shall be monitored and evaluated and that funds will be awarded based on size of population served, prevalence of drug use, and distribution of drug-related crimes; and provided further that no funds shall be expended under this section unless matched by funds from the city and county of Honolulu or private sources.

The sum appropriated shall be expended by the city and county of Honolulu.

SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 as a grant-in-aid to the county of Hawaii to fund, by competitive bidding, community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with greatest need, coordination of community-based drug-abatement and mobilization efforts; provided that program effectiveness shall be monitored and evaluated and that funds will be awarded based on size of population served, prevalence of drug use, and distribution of drug-related crimes; and provided further that no funds shall be expended under this section unless matched by funds from the county of Hawaii or private sources.

The sum appropriated shall be expended by the county of Hawaii.

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 as a grant-in-aid to the county of Maui to fund, by competitive bidding, community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with greatest need, coordination of community-based drug-abatement and mobilization efforts; provided that program effectiveness shall be monitored and evaluated and that funds will be awarded based on size of population served, prevalence of drug use, and distribution of drug-related crimes; and provided further that no funds shall be expended under this section unless matched by funds from the county of Maui or private sources.

The sum appropriated shall be expended by the county of Maui.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 as a grant-in-aid to the county of Kauai to fund, by competitive bidding, community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with greatest need, coordination of community-based drug-abatement and mobilization efforts; provided that program effectiveness shall be monitored and evaluated and that funds will be awarded based on size of population served, prevalence of drug use, and distribution of drug-related crimes; and provided further that no funds shall be expended under this section unless matched by funds from the county of Kauai or private sources.

The sum appropriated shall be expended by the county of Kauai.

SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary, for fiscal year 2006-2007 for the payment of expenses arising in connection with enforcement activities of the drug nuisance abatement unit in the department of the attorney general, including the cost of employing attorneys, auditors, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 15. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2005-2006 for student substance abuse referral for the purpose of assessments by certified substance abuse treatment counselors, in accordance with Act 44, Session Laws of Hawaii 2004.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 16. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2005.