Drug Treatment

Mandates substance abuse assessment or treatment for offenders
under the custody of the Department of Public Safety.  (SD2)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
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

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

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

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

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 1           monitoring programs.
 2      (5)  Most addicted offenders who are convicted of serious
 3           crimes and who are sentenced to terms of imprisonment
 4           will eventually be released back into the community on
 5           parole or at the expiration of their sentences.
 6           Without proper treatment, an offender is likely to
 7           continue to be drug dependent and to commit new
 8           offenses, resulting in further injury to victims, loss
 9           of property, and the expenditure of limited resources
10           to identify, apprehend, prosecute, and return the
11           offender to confinement.  Under these circumstances,
12           the overriding need to protect the public safety
13           requires that all substance abusing and addicted
14           offenders receive appropriate treatment and monitoring
15           services, based on the individual's need as determined
16           by an alcohol and other drug assessment, either in lieu
17           of or during the course of traditional imprisonment,
18           and continue to receive needed treatment or appropriate
19           aftercare, support, or monitoring services as a
20           condition of parole or other release from confinement.
21      (6)  Persons charged with repeat offenses who actively abuse
22           or are addicted to a controlled substance or alcohol

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 1           and who are not undergoing appropriate treatment and
 2           monitoring pose a proportionately greater risk of
 3           criminal recidivism. 
 4      (7)  To ensure uniformity and the best possible use of
 5           limited resources, the department of health must
 6           develop and enforce accreditation and operational
 7           standards for all programs, whether public or private,
 8           that provide substance abuse assessment services or
 9           treatment services to adults who are repeat offenders
10           who are inmates in correctional centers and facilities.
11      (8)  For treatment and intervention services to be most
12           effective, alcohol and other drug abusing and addicted
13           offenders must be assured that information provided
14           during the course of treatment and counseling will be
15           kept confidential in accordance with title 42 United
16           States Code section 290dd-3 and title 42 Code of
17           Federal Regulations Part 2, which govern the
18           confidentiality of alcohol and other drug abuse
19           treatment records.  Without these protections, an
20           offender in need of alcohol and other drug treatment
21           services may be discouraged from constructively
22           engaging in the treatment process.  Preserving the

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 1           confidentiality of treatment information and records is
 2           consistent with the vital goal of holding alcohol and
 3           other drug abusing and addicted offenders fully
 4           accountable for their past and future actions.
 5      The purpose of this Act is to mandate a substance abuse
 6 assessment and treatment program for all inmates in correctional
 7 centers and facilities, who are alcohol or drug dependent, or who
 8 are otherwise in need of substance abuse treatment and
 9 monitoring.  It is the intent of this Act to hold substance
10 abusing offenders accountable for their past and future actions
11 by means of an effective combination of rewards, threats, and
12 swiftly imposed punishments and sanctions designed to take full
13 advantage of the coercive influence of the criminal justice
14 system.
15      SECTION 2.  Chapter 353G, Hawaii Revised Statutes, is
16 amended by adding a new section to be appropriately designated
17 and to read as follows:
18      "353G-     Interagency coordination.  (a)  To carry out
19 their responsibilities under chapter 353G, the department of
20 public safety, Hawaii paroling authority, judiciary, department
21 of health, department of human services, and any other agency
22 assigned oversight responsibilities for offender substance abuse

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 1 treatment by law or administrative order, shall establish, by an
 2 interagency cooperative agreement, a coordinating body to oversee
 3 the development and implementation of offender substance abuse
 4 treatment programs in the State.  The interagency cooperative
 5 agreement shall set forth the role of the coordinating body and
 6 the responsibilities of each agency that is a party to the
 7 agreement.
 8      (b)  The department of health shall be the lead agency for
 9 the statewide offender substance abuse treatment program for all
10 inmates in correctional centers and facilities who are alcohol or
11 drug dependent or who are otherwise in need of substance abuse
12 treatment and monitoring.  As the lead agency, the department
13 shall act as facilitator of the coordinating body by providing
14 administrative support to the coordinating body.
15      (c)  Notwithstanding any other provision to the contrary,
16 any agency that is part of the interagency cooperative agreement
17 shall provide, upon the request of any other participating agency
18 as to a specific offender receiving supervision or treatment by
19 that participating agency, all relevant medical, psychological,
20 or mental health records of the offender pertaining to the
21 offender's supervision or treatment received while under the
22 custody of the agency that receives the request for records.  Any

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                                     S.B. NO.           S.D. 2

 1 participating agency receiving such records of any offender
 2 receiving supervision or treatment while under custody of the
 3 State, shall keep that information strictly confidential at all
 4 times in accordance with the requirements of title 42 United
 5 States Code section 290dd-3."
 6      SECTION 3.  Section 353G-3, Hawaii Revised Statutes is
 7 amended by amending its title and subsection (a) to read as
 8 follows:
 9      "[[]353G-3[]]  Mandatory drug testing of [repeat
10 offenders.] felons.  (a)  Any inmate who has been convicted of
11 [an offense] a felony under chapter 329, 329C, 707, 708, 709,
12 710, 711, or 712, [and has one prior conviction under any of
13 these chapters,] shall be required to submit to drug testing."
14      SECTION 4.  Section 353G-4, Hawaii Revised Statutes, is
15 amended by amending its title and subsection (a) to read as
16 follows:
17      "[[]353G-4[]]  Mandatory assessment of [offenders.] felons.
18 (a)  Any inmate who has been convicted of [more than one offense]
19 a felony under chapter 329, 329C, 707, 708, 709, 710, 711, or
20 712, [and has one prior conviction under any of these chapters,]
21 shall be required to undergo an assessment if:
22      (1)  The inmate refuses to undergo a drug test required

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 1           under section 353G-3;
 2      (2)  The results of the drug test conducted pursuant to
 3           section 353G-3 reveal the presence of a controlled
 4           substance, for which the inmate has no lawful
 5           prescription, or reveals alcohol abuse or dependency;
 6      (3)  The inmate requests an assessment;
 7      (4)  The inmate admits to the unlawful use of a controlled
 8           substance within the year preceding the conviction for
 9           the present charge or admits to alcohol abuse or
10           alcoholism;
11      (5)  The inmate has been granted a conditional discharge
12           within the past five years pursuant to section 712-1255
13           or any similar or predecessor law of this State, any
14           other state, or federal law;
15      (6)  The inmate has been sentenced within the past five
16           years to probation or treatment during incarceration
17           pursuant to this chapter or any similar or predecessor
18           law of this State, any other state, or federal law; or
19      (7)  The present or pending charge involved the use or
20           possession of a controlled substance or alcohol."
21      SECTION 5.  Section 353G-5, Hawaii Revised Statutes, is
22 amended by amending subsection (c) to read as follows:

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 1      "(c)  Anyone receiving drug test results or assessment
 2 results under subsection (a) shall keep that information
 3 confidential in accordance with the requirements of title 42
 4 United States code section [290dd-3.] 290dd-2."
 5      SECTION 6.  Section 353G-16, Hawaii Revised Statutes, is
 6 amended by amending subsection (a) to read as follows:
 7      "(a)  The department of public safety, with the assistance
 8 of the [department] director of health[, may] and the attorney
 9 general, shall pursue all additional available funding through
10 federal, state and local government programs [and] or private
11 sources.  [Contingent upon the receipt of sufficient funds, the
12 department of public safety may implement the assessment and
13 treatment services mandated pursuant to this chapter.  If at any
14 time funds are not available, the department may not be required
15 to provide these services.]  In addition, the department of
16 public safety, in conjunction with the department of health, may
17 pursue all available federal matching funds through medicaid for
18 nonhospital residential alcohol and other drug treatment services
19 from the United States Health Care Financing Administration."
20      SECTION 7.  There is appropriated out of the general
21 revenues of the State of Hawaii the sum of $       , or so much
22 thereof as may be necessary for fiscal year 1999-2000, and the

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 1 sum of $       , or so much thereof as may be necessary for
 2 fiscal year 2000-2001, for a substance abuse treatment program at
 3 the women's community correctional center.  The sums appropriated
 4 shall be expended by the department of public safety for the
 5 purposes of this Act.
 6      SECTION 8.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 9.  This Act shall take effect on July 1, 1999.