REPORT TITLE:
Substance abuse policy council


DESCRIPTION:
Establishes a substance abuse multi-agency coordinating council
within the department of health to develop statewide policy
guidelines regarding education, prevention, and treatment
programs; provides funding sources and mechanisms. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2434
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SUBSTANCE ABUSE. 


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

 1                              Part I.
 
 2      SECTION 1.  The legislature finds that substance abuse
 
 3 touches our community in many different ways.  The high social
 
 4 and financial costs of substance abuse related problems include
 
 5 domestic violence, motor vehicle accidents caused by driving
 
 6 under the influence, prostitution, property crime, and rising
 
 7 health care costs stemming from drug-exposed infants and
 
 8 children.  The legislature further finds there exists no
 
 9 effective statewide drug control policy or interagency
 
10 collaborative effort.  The individual efforts of the several
 
11 state agencies to address substance abuse are fragmented and are
 
12 not sufficiently addressing this growing social disease.  The
 
13 legislature further notes that many other states provide for the
 
14 distribution of federal and other funds in support of substance
 
15 abuse programs through the governor's office in order to track
 
16 and coordinate funding efforts.  
 
17      In order to address this growing problem and fragmentation
 
18 of the State's efforts, the legislature believes that there is an
 
19 urgent need to establish a substance abuse multi-agency
 
20 coordinating council to develop statewide integrated substance
 

 
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 1 abuse treatment and prevention policy.  The legislature further
 
 2 agrees that the department of health is the most appropriate
 
 3 placement of this policy council, in light of the seriousness of
 
 4 this problem and the need for coordination of programs, services,
 
 5 and funding.
 
 6      Accordingly, the purpose of this Act is to establish a
 
 7 substance abuse multi-agency coordinating council which shall be
 
 8 convened by the department of health to develop a statewide
 
 9 integrated policy, setting the general direction for substance
 
10 abuse prevention and treatment programs.
 
11                             Part II.
 
12      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
13 as follows:
 
14      1.  By amending the title of Part XVI to read:
 
15         "PART XVI.  SUBSTANCE ABUSE POLICY AND PROGRAMS"
 
16      2.  By amending section 321-191 to read:
 
17      "[[]§321-191[]]  Definitions.  As used in this part:
 
18      ["Advisory commission" means the state advisory commission
 
19 on drug abuse and controlled substances established in section
 
20 329-2.]
 
21      "Advisory committee" means the community alliance advisory
 
22 committee established under this part.
 
23      "Coordinating council" means the substance abuse inter-
 

 
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 1 agency coordinating council established under this part.
 
 2      "Department" means the department of health.
 
 3      "Substance" means alcohol, any drug on schedules I through
 
 4 IV of chapter 329, or any substance which includes in its
 
 5 composition volatile organic solvents.
 
 6      "Substance abuse" means the misuse of a substance or the use
 
 7 of a substance to an extent deemed deleterious or detrimental to
 
 8 the user, to others, or to society."
 
 9      3.  By adding three new sections to be appropriately
 
10 designated and to read:
 
11      "§321-   Substance abuse multi-agency coordinating
 
12 council.  (a)  There is established within the department of
 
13 health, a substance abuse multi-agency coordinating council for
 
14 the purposes of developing statewide policy direction to promote
 
15 an integrated and coordinated substance abuse prevention and
 
16 treatment system for the State, and to identify funding
 
17 opportunities to support implementation of all elements of the
 
18 system.  The coordinating council shall be composed of the
 
19 governor or the governor's designee, the attorney general or the
 
20 attorney general's designee, the director of budget and finance
 
21 or the director's designee, the superintendent of education or
 
22 the superintendent's designee, the director of health or the
 
23 director's designee who shall be knowledgeable about substance
 

 
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 1 abuse issues, a representative from the department of health
 
 2 knowledgeable about mental health issues to be appointed by the
 
 3 director of health, the director of human services or the
 
 4 director's designee, the director of the office of youth services
 
 5 or the director's designee, the chief justice or the chief
 
 6 justice's designee, the director of public safety or the
 
 7 director's designee, the director of transportation or the
 
 8 director's designee, the executive director of the housing and
 
 9 community development corporation of Hawaii, one of the mayors to
 
10 be selected by the mayors or a designee, one of the prosecuting
 
11 attorneys to be selected by the prosecuting attorneys or a
 
12 designee, and the chair of the community alliance advisory
 
13 committee.
 
14      (b)  The director of health, or the director's designee,
 
15 shall serve as the chair of the coordinating council.  The
 
16 coordinating council shall meet not less than once per month, and
 
17 upon the request of the chair.  The coordinating council shall:
 
18      (1)  Develop an integrated substance abuse prevention and
 
19           treatment policy direction for the State, and include
 
20           the statewide policy in their respective departments;
 
21      (2)  Identify infrastructure needs and resources, and
 
22           identify funding opportunities in support of a
 
23           statewide management information system to assist in
 

 
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 1           monitoring and evaluating the continuum of programs;
 
 2      (3)  Assist state agencies in identifying all public and
 
 3           private funds, programs, and resources being used, or
 
 4           that may be used, to support substance abuse
 
 5           prevention, treatment, and research activities;
 
 6      (4)  Identify funding opportunities and assist state
 
 7           agencies in securing funds for research and
 
 8           development, training, and public education in the area
 
 9           of substance abuse prevention and treatment;
 
10      (5)  Conduct performance evaluations of the department of
 
11           health's personnel whose primary duties and
 
12           responsibilities relate to identifying funding
 
13           opportunities and assisting other state agencies in
 
14           securing funds; and
 
15      (6)  Assist state agencies in promoting collaboration of
 
16           effort as well as coordinating their funding requests
 
17           to avoid duplication of effort and to maximize
 
18           integration and coordination.
 
19      (c)  In assisting the coordinating council, the department
 
20 of health shall:
 
21      (1)  Serve as lead facilitator and provide staffing for the
 
22           coordinating council;
 
23      (2)  Provide current research and quality assurance reviews
 

 
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 1           to assist the council in assessing the effectiveness of
 
 2           the continuum of substance abuse programs;
 
 3      (3)  Hire such necessary personnel, without regards to
 
 4           chapters 76 and 77, to carry out the purposes of this
 
 5           part, including the hiring of a grantwriter whose
 
 6           primary responsibility shall be to identify and seek
 
 7           funding on behalf of any of the member agencies of the
 
 8           coordinating council; and
 
 9      (4)  Assist the coordinating council in promoting substance
 
10           abuse awareness and education.
 
11      (d)  The coordinating council shall convene a community
 
12 alliance advisory committee to include members representing
 
13 substance abuse program providers, clients of substance abuse
 
14 programs, pharmacological, medical, community and business
 
15 affairs, youth action, educational, legal defense, enforcement,
 
16 and corrections segments of the community.  One of the appointed
 
17 members shall be a member of the state council on mental health
 
18 established by section 334-10, and shall be knowledgeable about
 
19 the community and the relationships between mental health, mental
 
20 illness, and substance abuse.  The advisory committee shall
 
21 appoint on an annual basis one member to serve as chair of the
 
22 committee.  The advisory committee shall be convened as needed to
 
23 assist the coordinating council in the development of the
 

 
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 1 statewide policy direction.
 
 2      §321-    Substance abuse programs revolving fund.  (a)
 
 3 There is created in the treasury of the State, the substance
 
 4 abuse programs revolving fund, into which shall be deposited
 
 5 revenues collected by the department of taxation pursuant to
 
 6 chapters 244D and 245.  The revolving fund shall be used solely
 
 7 to support the operations of the substance abuse multi-agency
 
 8 coordinating council and any substance abuse programs and
 
 9 services designated by legislative appropriation.
 
10      §321-     Annual program and financial report.  The
 
11 department of health, in consultation with the coordinating
 
12 council, shall submit an annual program and financial report to
 
13 the legislature twenty days prior to the convening of each
 
14 regular session, which shall include, but not be limited to:
 
15      (1)  The activities of the substance abuse multi-agency
 
16           coordinating council in the development of integrated
 
17           substance abuse policy direction, including the extent
 
18           to which program planning and funding requests have
 
19           been integrated and coordinated;
 
20      (2)  Revenues received and expenditures made from the
 
21           substance abuse programs revolving fund, including
 
22           grants sought and received; and
 
23      (3)  Annual recommendations from the coordinating council
 

 
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 1           and the advisory committee regarding substance abuse
 
 2           policy direction and programs."
 
 3                             Part III.
 
 4      SECTION 3.  Section 244D-2, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§244D-2[]]  Permit.(a)  It shall be unlawful for any
 
 7 dealer to sell liquor unless a permit has been issued to the
 
 8 dealer as hereinafter prescribed, and [such] the permit is in
 
 9 full force and effect. 
 
10      (b)  The liquor commission shall certify to the department
 
11 of taxation from time to time and within forty-eight hours after
 
12 [such] the license is issued the name of every dealer, together
 
13 with the dealer's place of business and the period covered by the
 
14 dealer's license.  The department thereupon shall issue its
 
15 permit to [such] the person for the period covered by the
 
16 person's license upon the payment of a permit fee of [$2.50.]
 
17 $500.  The permit shall be issued by the department as of the
 
18 date when the liquor commission issued the license. 
 
19      (c)  Any permit issued under this chapter shall not be
 
20 assignable; it shall be conspicuously displayed on the licensed
 
21 premises of the permittee; it shall expire on June 30 next
 
22 succeeding the date upon which it is issued, unless sooner
 
23 suspended, surrendered, or revoked for cause by the department;
 

 
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 1 and it shall be renewed annually before July 1, upon fulfillment
 
 2 of all requirements as in the case of an original permit and the
 
 3 payment of a renewal fee of [$2.50.] $500.  Whenever a permit is
 
 4 defaced, destroyed, or lost, or the licensed premises are
 
 5 relocated, the department may issue a duplicate permit to the
 
 6 permittee upon the payment of a fee of [50 cents.] $50. 
 
 7      (d)  The department may suspend, or, after hearing, revoke,
 
 8 any permit issued under this chapter whenever it finds that the
 
 9 permittee has failed to comply with this chapter, or any rule [or
 
10 regulation] of the department prescribed[,] and adopted[, and
 
11 promulgated] under this chapter.  Upon suspending or revoking any
 
12 permit the department shall request the permittee to surrender to
 
13 it immediately the permit, or any duplicate thereof issued to the
 
14 permittee, and the permittee shall surrender the same promptly to
 
15 the department as requested.  Whenever the department suspends a
 
16 permit, it shall notify the permittee immediately and afford the
 
17 permittee a hearing, if desired, and if a hearing has not already
 
18 been afforded.  After the hearing the department shall either
 
19 rescind its order of suspension, or good cause appearing
 
20 therefor, shall continue the suspension or revoke the permit.  
 
21      (e)  All moneys collected pursuant to this section shall be
 
22 deposited into the substance abuse programs revolving fund
 
23 established pursuant to section 321-   ."
 

 
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 1      SECTION 4.  Section 244D-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Every person who sells or uses any liquor in the State
 
 4 not taxable under this chapter, in respect of the transaction by
 
 5 which the person or the person's vendor acquired the liquor,
 
 6 shall pay a gallonage tax which is hereby imposed at the
 
 7 following rates for the various liquor categories defined in
 
 8 section 244D-1:
 
 9      [For the period July 1, 1997, to June 30, 1998, the tax rate
 
10 shall be:
 
11      (1)  $5.92 per wine gallon on distilled spirits;
 
12      (2)  $2.09 per wine gallon on sparkling wine;
 
13      (3)  $1.36 per wine gallon on still wine;
 
14      (4)  $0.84 per wine gallon on cooler beverages;
 
15      (5)  $0.92 per wine gallon on beer other than draft beer;
 
16      (6)  $0.53 per wine gallon on draft beer;]
 
17      On July 1, [1998] 2000, and thereafter, the tax rate shall
 
18 be:
 
19      (1)  [$5.98] $    per wine gallon on distilled spirits;
 
20      (2)  [$2.12] $    per wine gallon on sparkling wine;
 
21      (3)  [$1.38] $    per wine gallon on still wine;
 
22      (4)  [$0.85] $    per wine gallon on cooler beverages;
 
23      (5)  [$0.93] $    per wine gallon on beer other than draft
 

 
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 1           beer;
 
 2      (6)  [$0.54] $    per wine gallon on draft beer;
 
 3 and at a proportionate rate for any other quantity so sold or
 
 4 used."
 
 5      SECTION 5.  Section 244D-17, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§244D-17[]]  Disposition of revenues.  All moneys
 
 8 collected pursuant to this [chapter] section shall be paid into
 
 9 the state treasury as state realizations, [to be kept and
 
10 accounted for as provided by law.]; provided that ten per cent of
 
11 the moneys shall be deposited into the substance abuse programs
 
12 revolving fund established pursuant to section 321-   ."
 
13      SECTION 6.  Section 245-2, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§245-2 License.  (a)  It shall be unlawful for any person
 
16 to engage in the business of a wholesaler or dealer in the State
 
17 without having received first a license therefor issued by the
 
18 department of taxation under this chapter; provided that this
 
19 section shall not be construed to supersede any other law
 
20 relating to licensing of persons in the same business.
 
21      The license shall be issued by the department upon
 
22 application therefor, in such form and manner as shall be
 
23 required by rule of the department, and the payment of a fee of
 

 
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 1 [$2.50] $250, and shall be renewable annually on July 1 for the
 
 2 twelve months ending the succeeding June 30. 
 
 3      (b)  All moneys collected pursuant to this section shall be
 
 4 deposited into the substance abuse programs revolving fund
 
 5 established established pursuant to section 321-   ."
 
 6      SECTION 7.  Section 245-3, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§245-3  Taxes; limitations.(a)  Every wholesaler or
 
 9 dealer, in addition to any other taxes provided by law, shall pay
 
10 for the privilege of conducting business and other activities in
 
11 the State an:
 
12      (1)  Excise tax equal to[:
 
13           (A)  4.00 cents for each cigarette sold, used, or
 
14                possessed by the wholesaler or dealer, after
 
15                August 31, 1997; and
 
16           (B)  5.00]      cents for each cigarette sold, used, or
 
17                possessed by a wholesaler or dealer after June 30,
 
18                1998,
 
19           whether or not sold at wholesale, or if not sold then
 
20           at the same rate upon the use by the wholesaler or
 
21           dealer; and
 
22      (2)  Excise tax equal to forty per cent of the wholesale
 
23           price of each article or item of tobacco products sold
 

 
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 1           by the wholesaler or dealer, whether or not sold at
 
 2           wholesale, or if not sold then at the same rate upon
 
 3           the use by the wholesaler or dealer.
 
 4      Where the tax imposed has been paid on cigarettes or tobacco
 
 5 products which thereafter become the subject of a casualty loss
 
 6 deduction allowable under chapter 235, the tax paid shall be
 
 7 refunded or credited to the account of the wholesaler or dealer.
 
 8 In applying the tax, the tax shall be applied against the latest
 
 9 of the activities of selling, using, or possessing.  The tax
 
10 shall be imposed at the time of the last of the following
 
11 activities to occur:  the sale; the use; or the possession of
 
12 cigarettes or tobacco products.
 
13      (b)  The taxes, however, are subject to the following
 
14 limitations:
 
15      (1)  The measure of the taxes shall not include any
 
16           cigarettes or tobacco products exempted, and so long as
 
17           the same are exempted, from the imposition of taxes by
 
18           the Constitution or laws of the United States;
 
19      (2)  The measure of taxes shall exempt and exclude all sales
 
20           of cigarettes and tobacco products to the United States
 
21           (including any agency or instrumentality thereof that
 
22           is wholly owned or otherwise so constituted as to be
 
23           immune from the levy of a tax under this chapter), sold
 

 
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 1           by any person licensed under this chapter; and
 
 2      (3)  The taxes shall be paid only once in respect of the
 
 3           same cigarettes or tobacco product.  This limitation
 
 4           shall not prohibit the imposition of the excise tax on
 
 5           receipts from sales of tobacco products under
 
 6           subsection (a)(2); provided that the amount subject to
 
 7           the tax on each sale shall not include amounts
 
 8           previously taxed under this chapter."
 
 9      SECTION 8.  Section 245-15, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§245-15  Disposition of revenues.  All moneys collected
 
12 pursuant to this [chapter] section shall be paid into the state
 
13 treasury as state realizations [to be kept and accounted for as
 
14 provided by law.]; provided that ten per cent of the moneys shall
 
15 be deposited into the substance abuse programs revolving fund
 
16 established pursuant to section 321-   ."
 
17      SECTION 9.  Act 205, Session Laws of Hawaii 1995, as amended
 
18 by Act 7, Session Laws of Hawaii 1996, and Act 152, Session Laws
 
19 of Hawaii 1998, is amended as follows:
 
20      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 
21 amended by adding a new section to be appropriately designated
 
22 and to read as follows:
 
23      "§706-      Drug demand reduction assessments; [special]
 

 


 

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 1 substance abuse programs revolving fund.(1)  In addition to any
 
 2 disposition authorized by chapter 706 or 853, any person
 
 3 [convicted] who is:
 
 4      (a)  Convicted of [a felony or misdemeanor] an offense under
 
 5           part IV of chapter 712, except section 712-1250.5[,];
 
 6      (b)  Convicted under section 707-702.5;
 
 7      (c)  Convicted of a felony or misdemeanor offense under part
 
 8           IV of chapter 329;
 
 9      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3, 291-
 
10           4, 291-4.3, 291-4.4, or 291-7; or
 
11 any person charged with [such an] any offense under paragraphs
 
12 (a) to (d) who has been granted a deferred acceptance of guilty
 
13 or no contest plea [may] shall be ordered to pay a monetary
 
14 assessment under subsection (2).
 
15      (2)  Monetary assessments for individuals subject to
 
16 subsection (1) shall not [exceeding] exceed the following:
 
17      (a)  $3,000 when the offense is a class A felony;
 
18      (b)  $2,000 when the offense is a class B felony;
 
19      (c)  $1,000 when the offense is a class C felony; [or]
 
20      (d)  $500 when the offense is a misdemeanor[.], except for a
 
21           misdemeanor under section 291-3.1; or
 
22      (e)  $250 when the person has been found guilty of an
 
23           offense under section 712-1249, 291-3.2, 291-3.3, 291-
 

 
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 1           4, 291-4.3, or 291-7.
 
 2 Notwithstanding sections 706-640 and 706-641 and any other law to
 
 3 the contrary, the assessments provided by this section shall be
 
 4 in addition to and not in lieu of, and shall not be used to
 
 5 offset or reduce, any fine authorized or required by law.
 
 6      [(2)  There is established a special fund to be known as the
 
 7 "drug demand reduction assessments special fund" to be
 
 8 administered by the department of health.]
 
 9      (3)  All moneys collected pursuant to this section shall be
 
10 deposited into the substance abuse programs revolving fund
 
11 established pursuant to section 321-   .  The disbursement of
 
12 moneys from the [drug demand reduction assessments special]
 
13 substance abuse programs revolving fund shall be used to
 
14 [supplement drug treatment and other drug demand reduction
 
15 programs.] support statewide substance abuse prevention,
 
16 intervention, and treatment programs, as directed by the state
 
17 substance abuse policy council.
 
18     [(3) (4)  All monetary assessments paid and interest accrued
 
19 on funds collected pursuant to this section shall be deposited
 
20 into the [drug demand reduction assessments special] substance
 
21 abuse programs revolving fund.  Any unexpended moneys remaining
 
22 in the drug demand reduction assessments special fund shall lapse
 
23 into the substance abuse programs revolving fund.
 

 
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 1     [(4)] (5) Restitution to the victim of a crime enumerated in
 
 2 subsection (1) shall be made before payment of the monetary
 
 3 assessment.
 
 4     [(5)] (6) The court shall not order the defendant to pay the
 
 5 monetary assessment unless the defendant is or will be able to
 
 6 pay the monetary assessment."
 
 7      SECTION 10.  Act 205, Session Laws of Hawaii 1995, as
 
 8 amended by Act 7, Session Laws of Hawaii 1996, as amended by Act
 
 9 152, Session Laws of Hawaii 1998, is amended by amending section
 
10 4 to read as follows:
 
11      "SECTION 4.  This Act shall take effect upon its approval
 
12 [and shall be repealed on June 30, 2001]."
 
13      SECTION 11.  Section 328L-2, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows
 
15      "(b)  The fund shall be used for the purpose of receiving
 
16 and appropriating the tobacco settlement moneys as follows:
 
17      (1)  Forty per cent shall be appropriated into the emergency
 
18           and budget reserve fund under section 328L-3; provided
 
19           that twenty-five per cent shall be deposited into the
 
20           substance abuse programs revolving fund established
 
21           pursuant to section 321-   ;
 
22      (2)  Thirty-five per cent shall be appropriated to the
 
23           department for purpose of section 328L-4; and
 

 
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 1      (3)  Twenty-five per cent shall be appropriated into the
 
 2           Hawaii tobacco prevention and control trust fund under
 
 3           section 328L-5."
 
 4      SECTION 12.  Section 328L-3, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "[[]§328L-3[]]  Emergency and budget reserve fund.(a)
 
 7 There is established in the state treasury the emergency budget
 
 8 and reserve fund which shall be a special fund administered by
 
 9 the director of finance, into which shall be deposited:
 
10      (1)  Forty per cent of the moneys received from the tobacco
 
11           settlement moneys under section 328L-2(b)(1); provided
 
12           that twenty-five per cent shall be deposited into the
 
13           substance abuse programs revolving fund established
 
14           pursuant to section 321-   ; 
 
15      (2)  Appropriations made by the legislature to the fund."
 
16      SECTION 13.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $          , or so
 
18 much thereof as may be necessary for fiscal year 2000-2001, to be
 
19 deposited into the substance abuse programs revolving fund for
 
20 the purposes of this Act, including the hiring of necessary
 
21 staff.  The sum appropriated shall be expended by the department
 
22 of health.
 
23                             Part IV.
 

 
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 1      SECTION 14.  Section 321-193, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§321-193  Duties and responsibilities of department.  The
 
 4 department shall:
 
 5    [(1)   Coordinate all substance abuse programs including
 
 6           rehabilitation, treatment, education, research, and
 
 7           prevention activities.
 
 8      (2)  Prepare, administer, and supervise the implementation
 
 9           of a state plan for substance abuse which may consist
 
10           of a plan for alcohol abuse prevention and a plan for
 
11           drug abuse prevention.
 
12      (3)  Identify all funds, programs, and resources available
 
13           in the State, public and private, and from the federal
 
14           government which are being used or may be used to
 
15           support substance abuse prevention, rehabilitation,
 
16           treatment, education, and research activities.
 
17      (4)  Be the designated agency required by, and receive and
 
18           administer all available substance abuse funds
 
19           including but not limited to funds received from, the
 
20           federal government under Public Law 92-255, Public Law
 
21           91-616, Public Law 91-211, and Title IVA and XVI of the
 
22           Social Security Act or other subsequent Acts of
 
23           Congress which may amend or succeed such Acts.
 

 
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 1      (5)  Encourage and coordinate the involvement of private and
 
 2           public agencies in the assessment of substance abuse
 
 3           problems, needs, and resources.
 
 4      (6)  Coordinate the delivery of available funding to public
 
 5           and private agencies for program implementation.
 
 6      (7)  Establish mechanisms and procedures for receiving and
 
 7           evaluating program proposals, providing technical
 
 8           assistance, monitoring programs and securing necessary
 
 9           information from public and private agencies for the
 
10           purposes of planning, management, and evaluation.
 
11      (8)  Review the state plan for substance abuse annually for
 
12           the purpose of evaluation and make necessary amendments
 
13           to conform with the requirements of federal or state
 
14           laws.
 
15      (9)  Do all things necessary to effectuate the purposes of
 
16           this part.
 
17     (10)  Certify program administrators, counselors and accredit
 
18           programs related to substance abuse programs in
 
19           accordance with rules to be promulgated by the
 
20           department.]
 
21      (1)  Develop and administer a certification program for
 
22           substance abuse program administrators and substance
 
23           abuse counselors and an accreditation program related
 

 
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 1           to substance abuse, including development of
 
 2           appropriate curriculum to achieve certification and
 
 3           accreditation, that will promote the highest quality
 
 4           substance abuse program administrators, counselors, and
 
 5           prevention and treatment programs to meet the needs
 
 6           identified through the statewide integrated policy;
 
 7      (2)  Coordinate the delivery of substance abuse prevention
 
 8           and treatment of services provided by state agencies
 
 9           and establish mechanisms and procedures for evaluating
 
10           program proposals, providing technical assistance, and
 
11           monitoring programs;
 
12      (3)  Collect data and conduct research to evaluate
 
13           effectiveness of state-funded prevention and treatment
 
14           programs;
 
15      (4)  Be the designated agency to receive and administer
 
16           funds received from the federal government under Public
 
17           Law 92-255, Public Law 91-616, Public Law 91-211, and
 
18           Title IVA and XVI of the Social Security Act or other
 
19           subsequent Acts of Congress which may amend or succeed
 
20           such Acts;
 
21      (5)  Prepare, administer, supervise, in consultation with
 
22           the coordinating council, the implementation of a state
 
23           plan to address substance abuse;
 

 
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 1      (6)  Identify all funds, programs, and resources available
 
 2           in the state, public and private, and from the federal
 
 3           government, which are bieing used or may be used to
 
 4           support substance abuse prevention, rehabilitation,
 
 5           treatment, education, and reserach activities;
 
 6      (7)  Encourage and coordinate the involvement of private and
 
 7           public agencies in the assessment of substance abuse
 
 8           problems, needs, and resources;
 
 9      (8)  Coordinate the delivery of available funding to public
 
10           and private agencies for program implementation;
 
11      (9)  Review the state plan for substance abuse annually for
 
12           the purpose of evaluation and make necessary amendments
 
13           to conform with the requirements of federal and state
 
14           laws; and
 
15      (10) Submit an annual report, with the assistance of the
 
16           coordinating council, regarding the implementation of
 
17           the statewide master plan and the efficacy of
 
18           state-funded substance abuse programs."
 
19      SECTION 15.  Section 353G-13, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§353G-13[]]  Reporting and implementation.(a)  Every
 
22 assessment program, treatment program, correctional center or
 
23 facility, and parole agency that provides services pursuant to
 

 
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 1 this chapter or that otherwise supervises a person or issues an
 
 2 order pursuant to this chapter shall keep case-specific records
 
 3 and aggregate data and statistics as may be required by the
 
 4 department of health.
 
 5      (b)  The department of public safety, in conjunction with
 
 6 the department of health, shall report on an annual basis to the
 
 7 legislature and to the governor, its findings concerning the need
 
 8 for and implementation of the various provisions of this chapter.
 
 9 The report shall include a synopsis of information or data
 
10 necessary to determine the impact, utility, and cost-benefits of
 
11 the provisions of this chapter.
 
12      [(c)  The department of public safety, in conjunction with
 
13 the department of health, shall establish an advisory board that
 
14 shall be comprised of judges, prosecutors, defense attorneys,
 
15 adult probation officials, parole officials, correctional
 
16 officials, representatives of assessment programs and treatment
 
17 programs, and individuals working in licensed alcohol and other
 
18 drug abuse treatment facilities who are past consumers of
 
19 treatment services.  The advisory board shall meet periodically
 
20 to discuss the provisions, implementation, and evaluation of this
 
21 chapter, and to make recommendations to the department of health.
 
22      (d)] (c)  Except as provided in this chapter, all data,
 
23 information, or records kept or compiled pursuant to this section
 

 
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 1 shall be deemed to be government records for the purposes of
 
 2 chapter 92F."
 
 3      SECTION 16.  Sections 321-194 and 321-195, Hawaii Revised
 
 4 Statutes, are repealed.
 
 5      ["[§321-194]  State advisory commission.  The state advisory
 
 6 commission on drug abuse and controlled substances established in
 
 7 section 329-2 shall advise the director on all matters relating
 
 8 to substance abuse including but not limited to the preparation
 
 9 of the state plan for substance abuse.  In addition, the advisory
 
10 commission shall perform such duties and assume such
 
11 responsibilities as required by federal law for the purpose of
 
12 receiving federal funding."]
 
13      ["[§321-195]  Annual report to the legislature.  The
 
14 department shall submit an annual report to the legislature
 
15 detailing its progress in the implementation of the state plan
 
16 for substance abuse.  The report shall be submitted twenty days
 
17 before the beginning of each regular session of the legislature."
 
18      SECTION 17.  Sections 329-2 through 329-4, Hawaii Revised
 
19 Statutes, are repealed.
 
20      ["§329-2 Hawaii advisory commission on drug abuse and
 
21 controlled substances; number; appointment.  There shall be
 
22 established a state advisory commission on drug abuse and
 
23 controlled substances consisting of not more than fifteen nor
 

 
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 1 less than nine members appointed by the governor, as provided in
 
 2 section 26-34.  The members shall be selected on the basis of
 
 3 their ability to contribute to the solution of problems arising
 
 4 from the abuse of controlled substances, and to the extent
 
 5 possible, shall represent the pharmacological, medical, community
 
 6 and business affairs, youth action, educational, legal defense,
 
 7 enforcement, and corrections segments of the community.  One of
 
 8 the appointed members shall be a member of the state council on
 
 9 mental health established by section 334-10, and shall be
 
10 knowledgeable about the community and the relationships between
 
11 mental health, mental illness, and substance abuse.  The
 
12 commission shall elect a chairperson from among its members.  The
 
13 members shall serve without compensation, but shall be paid their
 
14 necessary expenses in attending meetings of the commission.  The
 
15 commission shall be a part of the department of health for
 
16 administrative purposes; provided that the department of health
 
17 shall appoint an ex-officio non-voting representative to the
 
18 commission who shall regularly attend meetings of both this
 
19 commission and the state council on mental health, and make
 
20 regular reports to both bodies."]
 
21      ["[§329-3]  Annual report.  The commission shall prepare and
 
22 present to the governor in the month of January in each year a
 
23 report respecting its actions during the preceding fiscal year,
 

 
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 1 together with its recommendations respecting legislation, copies
 
 2 of which reports shall be furnished by the governor to the
 
 3 legislature."]
 
 4      ["§329-4 Duties of the commission.  The commission shall:
 
 5      (1)  Act in an advisory capacity to the department of public
 
 6           safety relating to the scheduling of substances
 
 7           provided in part II of this chapter, by recommending
 
 8           the addition, deletion, or rescheduling of all
 
 9           substances enumerated in part II of this chapter.
 
10      (2)  Act in an advisory capacity to the department of public
 
11           safety relating to establishment and maintenance of the
 
12           classes of controlled substances, as provided in part
 
13           II of this chapter.
 
14      (3)  Assist the department of health in coordinating all
 
15           action programs of community agencies (state, county,
 
16           military, or private) specifically focused on the
 
17           problem of drug abuse.
 
18      (4)  Assist the department of health in carrying out
 
19           educational programs designed to prevent and deter
 
20           abuse of controlled substances.
 
21      (5)  Encourage research on abuse of controlled substances.
 
22           In connection with such research, and in furtherance of
 
23           the enforcement of this chapter, it may, with the
 

 
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 1           approval of the director of health:
 
 2           (A)  Establish methods to assess accurately the effects
 
 3                of controlled substances and to identify and
 
 4                characterize controlled substances with potential
 
 5                for abuse;
 
 6           (B)  Make studies and undertake programs of research
 
 7                to:
 
 8                (i)  Develop new or improved approaches,
 
 9                     techniques, systems, equipment, and devices
 
10                     to strengthen the enforcement of this
 
11                     chapter;
 
12               (ii)  Determine patterns of abuse of controlled
 
13                     substances and the social effects thereof;
 
14                     and
 
15              (iii)  Improve methods for preventing, predicting,
 
16                     understanding, and dealing with the abuse of
 
17                     controlled substances.
 
18      (6)  Create public awareness and understanding of the
 
19           problems of drug abuse.
 
20      (7)  Sit in an advisory capacity to the governor and other
 
21           state departments as may be appropriate on matters
 
22           relating to the commission's work.
 
23      (8)  Act in an advisory capacity to the director of health
 

 
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 1           in substance abuse matters under chapter 321, part XVI.
 
 2           For the purposes of this paragraph, "substance" shall
 
 3           include alcohol in addition to any drug on schedules I
 
 4           through IV of this chapter and any substance which
 
 5           includes in its composition volatile organic
 
 6           solvents."]
 
 7                              Part V.
 
 8      SECTION 18.  An integrated case management system defines a
 
 9 single point of accountability which is responsible for
 
10 continuity of communication, care, and follow-up for substance-
 
11 abusing offenders, regardless of which services they may receive
 
12 at any given time, or which criminal justice agency is
 
13 supervising the offender.  Case management replaces a haphazard
 
14 process of referrals with a single, well-structured service.  In
 
15 doing so, it offers the offender continuity.  As a single point
 
16 of contact, case managers have obligations not only to their
 
17 clients, but also to the members of the systems with whom they
 
18 interact.  Case managers must familiarize themselves with
 
19 protocols and operating procedures observed by these other
 
20 professionals.  The case manager must mobilize needed resources,
 
21 which requires the ability to negotiate formal systems, to barter
 
22 informally among service providers, and to consistently pursue
 
23 informal networks.  Case managers must not only have many of the
 

 
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 1 same abilities as other professionals who work with substance
 
 2 abusers (such as counselors), they must also possess special
 
 3 abilities relating to such areas as interagency functioning,
 
 4 negotiating, and advocacy.
 
 5      Case management for substance-abusing offenders includes two
 
 6 basic dimensions:  referral and service coordination.  Referral
 
 7 activities include a number of steps in securing the appropriate
 
 8 services for the client.  Networking with the array of agency,
 
 9 professional, and community groups that impact the treatment
 
10 continuum ensures appropriate referrals, identification of
 
11 service gaps, and assistance in meeting the unmet needs of the
 
12 client.  Knowing where and when to refer to a specific service is
 
13 vital to successful case management.  Also, the sharing of
 
14 information between the criminal justice agency responsible for
 
15 the supervision of the client, the treatment provider, and the
 
16 case manager provides for the continuity of care and enhanced
 
17 community safety by ensuring substance abuse treatment needs are
 
18 being met and program participation is adhered to.  Lastly, the
 
19 case management system requires evaluation of the outcome of
 
20 treatment referrals to monitor appropriateness of treatment being
 
21 provided by the service agency.
 
22      Service coordination consists of two equally important
 
23 aspects:  development and implementation of a treatment plan, and
 

 
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 1 consulting with other professionals and agencies involved with
 
 2 the individual client.  The development of a treatment plan
 
 3 requires obtaining, reviewing, and interpreting all relevant
 
 4 screening, assessment, and initial treatment planning
 
 5 information.  Implementation of the treatment plan includes
 
 6 initiating collaboration with the referral source and completing
 
 7 the administrative procedures for admission to treatment.  The
 
 8 case manager is responsible for coordinating all treatment
 
 9 activities with services provided to the client by other
 
10 resources.  The consulting role of the case manager involves
 
11 participation with a multidisciplinary treatment team that
 
12 assists in providing coordination of services and identification
 
13 of client needs and treatment gaps.  Client progress is tracked
 
14 through these multidisciplinary teams for the purpose of ensuring
 
15 quality of care, gaining feedback, and planning changes in the
 
16 course of treatment.
 
17      SECTION 19.  There is appropriated out of the substance
 
18 abuse prevention and treatment special fund the sum of
 
19 $          , or so much thereof as may be necessary for fiscal
 
20 year 2000-2001, to provide for the hiring of staff and the
 
21 purchase of necessary services and equipment to carry out
 
22 integrated case management for the substance-abusing criminal
 
23 offender.  The sum appropriated shall be expended by the
 

 
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 1 department of health.
 
 2                             Part VI.
 
 3      SECTION 20.  Case management focuses on assisting the
 
 4 substance-abusing offender in acquiring needed resources.  The
 
 5 substance abuse continuum of care focuses on activities that help
 
 6 substance-abusing offenders recognize the extent of their
 
 7 substance abuse problem, acquire the motivation and tools to stay
 
 8 sober, and use those tools.  The continuum of treatment services
 
 9 should include the following elements:
 
10      (1)  Residential programs provide a planned regiment of
 
11           professionally directed evaluation, treatment, case
 
12           management, and other ancillary and special services
 
13           twenty-four hours a day, seven days a week.
 
14      (2)  Day treatment programs provide the client with the
 
15           opportunity to participate in a structured therapeutic
 
16           program while still being able to remain in the
 
17           community. The level of care consists of a minimum of
 
18           twenty hours per week of face-to-face treatment,
 
19           including a minimum of one hour per week of individual
 
20           counseling.
 
21      (3)  Intensive outpatient programs provide non-residential
 
22           intensive specialized services on a scheduled basis for
 
23           a minimum of nine hours, and a maximum of nineteen
 

 
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 1           hours, per client per week of face-to-face treatment.
 
 2           At least one hour per week must include individual
 
 3           counseling.
 
 4      (4)  Outpatient programs provide non-residential
 
 5           comprehensive specialized services on a scheduled
 
 6           basis, including professionally directed evaluation,
 
 7           treatment, case management, and recovery services for
 
 8           clients with less problematic substance abuse related
 
 9           behavior than would be found in a residential or day
 
10           treatment program. Outpatient clients receive between
 
11           one and eight hours per client per week of face-to-face
 
12           treatment with a minimum of one hour of individual
 
13           counseling per month.
 
14      (5)  Therapeutic living programs are intended for the
 
15           individuals who are without appropriate living
 
16           alternatives and who:
 
17           (a)  Are receiving substance abuse treatment in a day,
 
18                intensive outpatient, or outpatient program; or
 
19           (b)  Have been clinically discharged within six months
 
20                from a substance abuse treatment program.
 
21            The focus is to provide the necessary support and
 
22            encouragement for clients in their movement toward
 
23            independent housing and life management.
 

 
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 1      (6)  Clean and sober houses provide the client who is
 
 2           actively involved with outpatient treatment or has
 
 3           successfully completed more intensive forms of
 
 4           treatment with a place of residence that supports a
 
 5           clean and sober life style.
 
 6      SECTION 21.  There is appropriated out of the substance
 
 7 abuse prevention and treatment special fund the sum of
 
 8 $          , or so much thereof as may be necessary for the
 
 9 fiscal year 2000-2001, to provide for substance abuse treatment
 
10 services for criminal offenders.   The sum appropriated shall be
 
11 expended by the department of health.
 
12                             Part VI.
 
13      SECTION 22.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 23.  The legislative reference bureau shall prepare
 
17 proposed conforming legislation to make necessary amendments to
 
18 statutes affected by the repeal of sections 321-194, 321-195,
 
19 329-2, 329-3, and 329-4, Hawaii Revised Statutes.  The
 
20 legislative reference bureau shall transmit such proposed
 
21 legislation to the legislature not later than twenty days prior
 
22 to the convening of the regular session of 2001.
 
23      SECTION 24.  Statutory material to be repealed is bracketed.
 

 
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 1 New statutory material is underscored.
 
 2      SECTION 25.  This Act shall take effect upon its approval;
 
 3 provided that parts III, V, and VI shall take effect on July 1,
 
 4 2000.