Report Title:

Drug Court Expansion; Substance Abuse Treatment

 

Description:

Establishes a permanent drug court in the first circuit court, and appropriates money for drug treatment programs for incarcerated inmates and parolees, and boot camp programs for the treatment of drug offenders.

 

THE SENATE

S.B. NO.

1415

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the judiciary.

 

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

PART I

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 Part 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; established. (a) There is established a permanent drug court 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 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 shall consist of one of the existing first circuit court judges, to be selected by the chief justice."

SECTION 3. The judiciary is authorized to establish, at the stated levels, the following permanent positions for the purpose of supporting the drug court:

(1) One full-time equivalent (1.0 FTE) social worker V position;

(2) Five full-time equivalent (5.0 FTE) social worker IV positions; and

(3) One full-time equivalent (1.0 FTE) circuit court clerk II position.

SECTION 4. 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 first circuit.

The sums appropriated shall be expended by the judiciary for the purposes of Part I.

PART II

SECTION 5. The legislature finds that the primary mission of the State’s correctional function is the protection of the public. One way this protection is achieved is through programs that prepare inmates for successful reintegration into the community after their release. Without this preparation, most inmates have great difficulty in establishing meaningful, productive, and crime free lives. The Hawaii paroling authority has found that a large majority of parole violations are attributable to substance abuse. Correctional programs designed to end or substantially mitigate substance abuse among inmates protect the public and give inmates the opportunity to successfully return to the community.

Without continued treatment while on parole, drug dependent offenders crave controlled substances and will do almost anything to continue their addiction. Without substance abuse treatment while in the community, they will pose a continuing threat to community safety, and are more likely to fail parole and be incarcerated.

Boot Camps have been in existence since the mid-l980’s and are described as having a military atmosphere involving drills, physical training, and work. Goals of boot camp programs may include rehabilitation, recidivism reduction, and lowering overcrowded prison conditions. Boot camps allow inmates an alternative to longer sentences in traditional prison settings. It is expected that inmates participating in boot camps will learn the discipline necessary to live productive and legal lives in society. While boot camp programs vary in design, they continue to be used as an alternative to traditional sentencing. Military style discipline, often made quasi-military for the prison setting, and physical training are used to motivate inmates immediately upon entry into the program. Beginning with the initial "shock-in" period, the inmate is subjected to the rules and methods of military discipline, including summary punishment. Continuous exercises, training, and rigid daily schedules allow the inmate to build self esteem in the context of the military style organizational structures, such as platoons, while incorporating several possible forms of treatment, which can include substance abuse prevention education and academic training.

The purpose of Part II is to appropriate funds for substance abuse treatment programs for incarcerated inmates and parolees, and boot camp programs for the treatment of drug offenders.

SECTION 6. 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 substance abuse treatment programs for incarcerated inmates and parolees, and boot camp programs for the treatment of drug offenders.

The sums appropriated shall be expended by the department of public safety for the purposes of Part II.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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