STAND. COM. REP. NO. 2223

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2435
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2435 entitled: 

     "A BILL FOR AN ACT RELATING TO SUBSTANCE ABUSE,"

begs leave to report as follows:

     The purpose of this bill is to mandate a substance abuse
assessment and treatment program for all inmates in correctional
centers and facilities, who are alcohol or drug dependent, or who
are otherwise in need of substance abuse treatment and
monitoring.  The bill also establishes an interagency
coordinating body to oversee this mandated treatment program.

     Your Committee finds that the concept of an interagency
coordinating body is beneficial to the efficient use of resources
in the rehabilitation and supervision of the criminal justice
client.  Policies that affect the care of these drug offenders
can be coordinated for the best results on behalf of the client
and program resources.  Your Committee further finds that this
coordinating body can develop needed programs, organize
memorandums of agreement, assess information, collectively set
priorities, and seek funds for treatment services.  

     Testimony in support of the intent of this measure was
submitted by the Judiciary, the Department of Public Safety, the
Hawaii Paroling Authority, the Department of the Prosecuting
Attorney of the City and County of Honolulu, TJ Mahoney &
Associates, the American Civil Liberties Union of Hawaii, and the
Community Alliance on Prisons.  The Office of the Public Defender

 
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                                   STAND. COM. REP. NO. 2223
                                   Page 2


submitted testimony in support of the intent but voiced many
reservations with the bill.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting those portions of section 2 of the bill which
          mandates that the court sentence certain first time C
          felony drug offenders to probation and further provides
          that if the person fails to comply with the
          requirements of their probation, their probation may be
          revoked;

     (2)  Deleting section 11 of the bill which provides an
          appropriation of funds for substance abuse treatment
          programs for convicted felons on probation;

     (3)  Adding clarifying amendments to chapter 92F, Hawaii
          Revised Statutes; and

     (4)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2435, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2435, S.D. 1, and
be referred to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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