Honolulu, Hawaii



RE:    H.B. No. 358

       H.D. 1

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 358, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to promote the rehabilitation of convicted drug offenders through alternatives to incarceration by authorizing the placement of certain drug offenders in secure drug treatment facilities.


     Testimony in support of this measure was submitted by one organization and one individual.  Testimony providing comments was submitted by one individual.  Written testimony presented to your Committee may be reviewed on the Legislature's website.


     Your Committee finds that providing convicted drug offenders with drug rehabilitation programs in a secure drug treatment facility will reduce the convicted drug offender's rate of recidivism upon release and also help convicted drug offenders develop an important and meaningful role in society.  Your Committee also finds that this measure provides another alternative for rehabilitating drug offenders, and received information from proponents that no additional moneys would be needed.


     Your Committee notes the testimony expressing reservations whether a secure drug treatment facility will use the proper drug treatment modalities that are approved by the Department of Health and that separates out inmates in the program from the general prison population where a drug abuse environment still may exist.  Testimony referenced a model based on the nationally recognized program, "Second Chance", in New Mexico.  That program drew much criticism for its lack of effectiveness.


     Your Committee has amended this measure by changing the effective date to July 1, 2050, to continue discussions on this issue.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 358, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 358, H.D. 1, S.D. 1.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,