Report Title:

Crime Reduction; Crystal Meth Treatment; Task Force Measures

Description:

Makes appropriations for crystal methamphetamine treatment, prevention, rehabilitation, and education to department of health; makes appropriations to the judiciary to expand services provided by the drug courts; makes appropriations to the department of public safety for treatment services for first time nonviolent drug offenders and to expand canine drug interdiction efforts; makes appropriations to county government for grass root community mobilization efforts provided federal forfeiture funds are matched to state funds; makes appropriations to the office of community services to coordinate the drug abatement efforts to fight the ice epidemic; provides tax credits for drug rehabilitation homes and substance abuse prevention education and employment; establishes a substance abuse treatment monitoring program requiring state agencies to collect data and access program effectiveness; establishes a multi-agency task force to respond to the effects of ice on children and makes appropriation for expenses.

HOUSE OF REPRESENTATIVES

H.B. NO.

2004

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

 

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

PART I

SECTION 1. This measure is recommended by the joint house-senate task force on ice and drug abatement (task force). The task force found that crystal methamphetamine (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 services, health and social services. The task force concluded that the solution to the ice epidemic is to prevent future generations from substance abuse and treat the present generation of ice abusers. The task force recommended over $21 million to fight the ice epidemic.

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

The legislature finds that early intervention is the key to divert young adults away from drug use. The treatment gap of adolescents who need treatment and do not receive it is over 5,000 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 in order to provide early intervention and assessment for students and prevent adolescents from graduating to using more dangerous drugs (See Final Report of the Task Force, pp. 34-39). The legislature adopts these recommendations.

The legislature finds that prevention of substance abuse is critical to ensure that the ice epidemic does not spread. 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 adopts these recommendations.

The legislature finds that over 6,000 ice users need treatment and less than 3,000 are able to access publicly funded treatment. For all substances abused, including alcohol, over 82,000 need 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 adopts the findings of the task force and finds that the failure to adequately provide 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 increase in property crimes. Increased funding for adult substance abuse treatment is necessary to stop the ice epidemic.

In 2002, the legislature passed Act 161, Session Laws of Hawaii 2002, to divert first time nonviolent drug offenders to mandatory probation for drug treatment. The legislature did not fund treatment services for offenders eligible for treatment under Act 161. The task force recommended that diversion of offenders into treatment rather than prison is more effective and successful in reducing recidivism. The legislature adopts the task force findings and recommendations. The legislature finds that funding for treatment services for nonviolent first time drug offenders is necessary to avoid imposing a greater burden on the state's prison system and will result in savings in the costs of incarcerating offenders.

The task force recommended expansion of the canine drug interdiction program in order to detect illegal drugs in freight and possibly other areas. The legislature accepts this recommendation and finds that canine drug interdiction efforts are necessary to deter the entry of illegal drugs into the State.

The legislature also accepts the recommendations of the task force to fund other services necessary to fight the ice epidemic (See Final Report of the Task Force, pp. 13-15).

The purpose of this Act is to:

(1) Make appropriations for crystal methamphetamine prevention, treatment, education, and rehabilitation;

(2) Expand services provided by the drug courts, including family and juvenile drug courts;

(3) Provide drug treatment services for first time nonviolent drug offenders through the drug courts, the probation department and Hawaii paroling agency;

(4) Expand canine drug interdiction efforts;

(5) Provide for an environmental study on the effects of clandestine methamphetamine laboratories;

(6) Create grant-in-aid opportunities for counties to fund grassroot community efforts with matching federal forfeiture funds;

(7) Expand the office of community services' duties to include coordination of drug abatement efforts on a statewide basis and make an appropriation for this responsibility;

(8) Provide tax credits for establishment of rehabilitation homes and for substance abuse prevention education and employment;

(9) Establish a substance abuse treatment monitoring program requiring state agencies to collect data and assess program effectiveness; and

(10) Create a multi-agency task force to respond to the effects of ice on children and make an appropriation for expenses.

PART II

SECTION 2. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for school-based treatment programs in high schools, middle schools, and intermediate schools.

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

SECTION 3. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, 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.

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

SECTION 4. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for adult treatment services including family counseling, with priority given to women of child bearing age, pregnant women, parents of young children in the home, and Hawaiians as defined in section 10-2, Hawaii Revised Statutes.

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

SECTION 5. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for a needs assessment for adult substance abuse treatment services or the implementation of the substance abuse treatment monitoring program.

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

SECTION 6. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the drug courts to expand their programs, including juvenile and family drug courts.

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

SECTION 7. There is appropriated out of the                  the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the treatment of first time nonviolent drug offenders sentenced by the court under sections 706-622.5 and 706-625, Hawaii Revised Statutes.

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

SECTION 8. There is appropriated out of the                the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the treatment of first time nonviolent drug offenders sentenced by the court under section 353-66, Hawaii Revised Statutes.

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

SECTION 9. There is appropriated out of the                  the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the canine drug interdiction program.

The sum appropriated shall be expended by the department of public safety.

SECTION 10. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for a study and analysis of the effects of clandestine methamphetamine laboratories on the environment (particularly ground water), disposal of toxic waste materials found at the site and disposal of the site itself, and recommendations for action.

The sum appropriated shall be expended by the department of health.

SECTION 11. There is appropriated out of the                  the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, as a grant-in-aid to the city and county of Honolulu to fund grassroots community efforts to sustain their anti-drug campaigns; provided that no single non-profit entity shall receive more than $          under this section; and provided further that no funds shall be expended under this section unless matched by the city and county of Honolulu's federal forfeiture funds.

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

SECTION 12. There is appropriated out of the                the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, as a grant-in-aid to the county of Hawaii to fund grassroots community efforts to sustain their anti-drug campaigns; provided that no single non-profit entity shall receive more than $          under this section; and provided further that no funds shall be expended under this section unless matched by the county of Hawaii's federal forfeiture funds.

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

SECTION 13. There is appropriated out of the                 the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, as a grant-in-aid to the county of Kauai to fund grassroots community efforts to sustain their anti-drug campaigns; provided that no single non-profit entity shall receive more than $          under this section; and provided further that no funds shall be expended under this section unless matched by the county of Kauai's federal forfeiture funds.

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

SECTION 14. There is appropriated out of the                the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, as a grant-in-aid to the county of Maui to fund grassroots community efforts to sustain their anti-drug campaigns; provided that no single non-profit entity shall receive more than $          under this section; and provided further that no funds shall be expended under this section unless matched by the county of Maui's federal forfeiture funds.

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

SECTION 15. There is appropriated out of the                the sum of $          ; or so much thereof as may be necessary for fiscal year 2004-2005, for coordination of drug abatement efforts.

The sum appropriated shall be expended by the department of labor and industrial relations.

PART III

SECTION 16. Chapter 235, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"235-   Drug rehabilitation home tax credit. (a) There shall be allowed for each eligible taxpayer subject to the taxes imposed by this chapter an income tax credit for leasing rental property to be used as a drug rehabilitation home, which shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b) The tax credit shall be equivalent to three months rent provided the taxpayer enters into a long-term lease of not less than thirty-six months with a lessee for the purpose of utilization of the property as a drug rehabilitation home.

(c) The tax credits under this section shall be claimed against net income tax liability for the taxable year. A tax credit under this section that exceeds the taxpayer's income tax liability may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted.

(d) All claims for each tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(e) The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91.

(f) As used in this section:

"Eligible taxpayer" means a property owner who leases property in accordance with this section, but shall not include the State or any of its political subdivisions, and the United States.

"Net income tax liability" means net income tax liability reduced by all other credits allowed under this chapter.

235-   Substance abuse prevention education and employment tax credits. (a) There shall be allowed to each eligible taxpayer subject to the tax imposed by this chapter, a substance abuse prevention education tax credit and substance abuse prevention employment tax credit, which shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b) A substance abuse prevention education tax credit of $250 shall be allowed for each eligible taxpayer who provides an educational and training program on substance abuse prevention without cost to employees. The credit shall be allowed for each taxable year that the taxpayer provides the program.

(c) A substance abuse prevention employment tax credit of $500 shall be allowed for each employment of a referral from a community based treatment program approved by the department of health for the taxable year in which the employee was hired; provided that the employee is employed for six months or longer.

(d) The tax credits under this section shall be claimed against net income tax liability for the taxable year. A tax credit under this section that exceeds the taxpayer's income tax liability may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted.

(e) All claims for each tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(f) As used in this section:

"Approved program" means a community-based nonprofit organization approved by the department of health under section 321-193(10) that offers substance abuse treatment services to persons that are funded by the department of health.

"Eligible taxpayer" means an employer having one or more employees, but shall not include the State or any of its political subdivisions, and the United States.

"Employment" means employment that pays wages in accordance with chapter 388.

"Net income tax liability" means net income tax liability reduced by all other credits allowed under this chapter.

(g) The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91."

PART IV

SECTION 17. The legislature finds that effective crime reduction depends in part upon the effectiveness of drug treatment programs. The effectiveness of drug treatment programs can only be assessed through the gathering of pertinent data.

The purpose of this part is to require the department of health, the office of youth services, the department of public safety and the judiciary to collect data from private providers of substance abuse treatment services who receive state funds and state agencies that provide direct treatment services.

SECTION 18. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:

"321-   Substance abuse treatment monitoring program. (a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the department shall establish a statewide substance abuse treatment monitoring program to collect the following information from all treatment providers certified by the department pursuant to section 321-198 on every individual who receives substance abuse treatment paid by public funds:

(1) Treatment providers shall report admission data at intervals determined by the department, with a final annual report due no later than sixty days after the close of the fiscal year, which shall include:

(A) An accurate count of all admissions during the reporting period;

(B) An unduplicated count of individuals served by each treatment provider;

(C) Data on each individual on age, race, ethnicity, employment status, source of payment, source of referral to treatment, length of treatment, the primary substance for which treatment was sought, length of substance abuse, co-occurring disorders for which treatment was received, history of relapse, history of publicly funded treatment, history of involvement in the criminal justice system prior to admission, whether the individual required hospitalized detoxification or medical treatment for conditions related to substance abuse prior to the admission, and any other data deemed relevant by the department;

(D) Data on the number of individuals who were discharged due to successful completion of treatment and the reasons individuals withdrew from treatment during the reporting period;

(E) Six-month follow-up data on persons who were discharged due to successful completion of treatment, reporting on criteria for measurement of successful treatment as determined by the department; and

(F) Any other information deemed relevant by the department to assess the effectiveness of treatment on each individual.

(b) The department shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse. The department shall include in the contract with the treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The department shall establish a tracking system to monitor whether individuals who receive publicly funded treatment are abusing access to treatment, such as by receiving treatment services from more than one provider at the same time or inappropriately shifting from one provider to another.

(d) The department shall include the information under subsection (a) as part of the annual report to the legislature under section 321-195.

(e) This section shall not be construed to abrogate an individual's right to privacy. The department shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential, and that aggregate data collected pursuant to this section is used solely for the purpose of this section."

SECTION 19. Chapter 352D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"352D-   Substance abuse treatment monitoring program.

(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the office shall comply with the requirements of the statewide substance abuse treatment monitoring program established by the department of health under section 321-  . The office shall collect data in accordance with section 321-   from any provider of substance abuse treatment that provides substance abuse treatment to youths served through public funds administered by the office.

(b) The office shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether a treatment provider is achieving success in treatment of individuals with substance abuse consistent with the criteria established by the department of health pursuant to section 321-  . The office shall include in the contract with any treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The office shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 352D-6.

(d) This section shall not be construed to abrogate an individual's right to privacy. The office shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential, and that aggregate data collected pursuant to this section is used solely for the purpose of this section."

SECTION 20. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"601-   Substance abuse treatment monitoring program. (a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the judiciary shall comply with the requirements of the statewide substance abuse treatment monitoring program established under section 321-  . The judiciary shall collect data in accordance with section 321-   from any circuit court, adult probation, and any provider of substance abuse treatment that provides substance abuse treatment to persons served through public funds administered by the judiciary.

(b) The judiciary shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether a treatment provider is achieving success in treatment of individuals with substance abuse consistent with the criteria established under section 321-  . The judiciary shall include in the contract with any treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The judiciary shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 601-2.

(d) This section shall not be construed to abrogate an individual's right to privacy. The judiciary shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential, and that aggregate data collected pursuant to this section is used solely for the purpose of this section."

SECTION 21. Section 353G-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]353G-13[]] Reporting and implementation[.]; substance abuse treatment monitoring program. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health[.] and which shall be required by the statewide substance abuse treatment monitoring program under section 321-  . The department of public safety shall collect data in accordance with section 321-   from any assessment program, treatment program, treatment provider, correctional center or facility, and parole agency that provides substance abuse treatment to persons served through public funds administered by the department of public safety. The department of public safety shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential, and that aggregate data collected pursuant to this section is used solely for the purpose of this section.

This subsection shall not be construed to abrogate an individual's right to privacy.

(b) The department of public safety shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether the assessment program, treatment program, treatment provider, correctional center or facility, or parole agency that provides services pursuant to this chapter is achieving success in treatment of individuals with substance abuse consistent with the criteria established by the department of health pursuant to section 321-  . The department of public safety shall include in the contract with any treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

[(b)] (c) The department of public safety, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include information collected under subsection (a), a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter.

[(c)] (d) The department of public safety, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.

[(d)] (e) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F."

PART V

SECTION 22. The department of health shall submit an annual report to the legislature before the convening of each regular session, beginning with the regular session of 2005, pursuant to section 321-195, Hawaii Revised Statutes, that shall include progress in the implementation of the statewide substance abuse plan and on the following:

(1) Progress toward establishing uniform evaluation criteria with benchmark goals to measure the success of substance abuse treatment programs funded through public funds,

(2) Specific information compiled through the new statewide substance abuse monitoring program on individuals served through public funds,

(3) Progress toward requiring purchase of services contractors that receive public funds for substance abuse treatment and prevention programs to compile data, implement standard evaluation criteria and performance goals,

(4) Analysis of the effectiveness of substance abuse treatment and prevention programs in reducing costs for government services in other areas, and

(5) Progress toward implementing the specific programs and services appropriated under this Act.

PART VI

SECTION 23. The task force recommended that a multi-agency task force be created to analyze the effects of crystal methamphetamine (ice) use by children and the effects upon children whose household members use ice, to be known as the drug endangered child protection program task force. The purpose of the task force shall be to develop a first response program by law enforcement and child welfare workers to protect the child who is discovered in a drug house or clandestine methamphetamine laboratory (See Final Report of Task Force, pp. 29-32). The legislature adopts this recommendation. The office of community services shall be the lead agency to coordinate the efforts of the department of health, department of human services, department of the attorney general, department of education, county police departments, county prosecutors, the judiciary, and community agencies to develop the drug endangered child protection program.

The task force may seek the advice and recommendations of private sources, including but not limited to physicians, hospitals, and clinics.

The office of community services shall report to the legislature on findings and recommendations, including proposed legislation, no later than twenty days before the convening of the regular session of 2005.

SECTION 24. There is appropriated out of the                 the sum of $          ; or so much thereof as may be necessary for fiscal year 2004-2005, for the multi-agency task force created under this part.

The sum appropriated shall be expended by the department of labor and industrial relations for purposes of this Act.

PART VII

SECTION 25. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 27. This Act shall take effect on July 1, 2004; provided that section 16 shall apply to taxable years beginning after December 31, 2003.

INTRODUCED BY:

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