Report Title:

Court-ordered Drug Treatment; Modification of Court Order

Description:

Requires a court order that orders a person to a drug treatment program at a community treatment center to provide conditions whereby the center may appropriately modify the court-ordered treatment.

HOUSE OF REPRESENTATIVES

H.B. NO.

2793

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to substance abuse.

 

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

SECTION 1. The legislature finds that state courts mandate drug offenders to specific levels of care, such as residential treatment. However, community treatment centers such as Hina Mauka may subsequently assess the drug offenders using American Society of Addiction Medicine and other criteria and find that the drug offenders do not qualify for the court-mandated level of treatment. Further, although lacking the necessary financial resources, drug offenders are often required to pay for court-mandated treatment. These two factors often result in drug offenders having no choice but to violate the court order and return to the correctional system.

The purpose of this Act is to require that when a person is ordered to undergo drug treatment at a community treatment center, the court order shall provide for appropriate modification of the court-ordered treatment under specified conditions.

SECTION 2. Chapter 353G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately inserted and to read as follows:

"§353G- Modifying court-ordered treatment.

Notwithstanding any law to the contrary, a court order that orders a person to participate in a drug treatment program at a community treatment center shall provide for appropriate modification of the court-ordered treatment by the center under specified conditions which shall include but not be limited to:

(1) The court-ordered treatment is unavailable at the community treatment center;

(2) The person lacks the financial resources to pay for the court-ordered treatment; or

(3) A subsequent assessment determines that the court-ordered treatment is inappropriate."

SECTION 3. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) A person eligible under subsection (1) shall be sentenced to probation to undergo and complete a drug treatment program. If the person fails to complete the drug treatment program and if no other suitable treatment is amenable to the offender, the person shall be returned to court and subject to sentencing under the applicable section under this part. As a condition of probation under this subsection, the court shall require an assessment as to the treatment needs of the defendant, conducted by a person certified by the department of health to conduct the assessments. The drug treatment program for the defendant shall be based upon the assessment. The court may require the person to contribute to the cost of the drug treatment program.

Notwithstanding any provision to the contrary in this chapter, a court order that orders a person to participate in a drug treatment program at a community treatment center shall provide for appropriate modification of the court-ordered treatment by the center under specified conditions which shall include but not be limited to:

(1) The court-ordered treatment is unavailable at the community treatment center;

(2) The person lacks the financial resources to pay for the court-ordered treatment; or

(3) A subsequent assessment determines that the court-ordered treatment is inappropriate."

SECTION 4. This Act does not affect rights and duties that natured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________