STAND. COM. REP. NO. 2461

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2935
                                        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.
2935 entitled: 

     "A BILL FOR AN ACT RELATING TO DANGEROUS DRUGS,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to repeal the mandatory minimum terms of imprisonment for class B
and class C drug offenses involving the possession or
distribution of methamphetamines.  In addition, this bill
provides that persons convicted of class B or class C
methamphetamine offenses who are sentenced to probation shall be
required to participate in drug treatment or education programs
and pay for their participation in the program to the extent of
their financial ability.

     Your Committee finds that when the legislature enacted the
mandatory minimum terms of imprisonment for the distribution or
possession of methamphetamines in Act 308, Session Laws of Hawaii
1996, the legislature cited the very serious implications that
methamphetamines use had for individuals, families, and community
safety.  Your Committee believes that the legislature's reasons
for enacting mandatory minimum terms of imprisonment for
methamphetamine distribution or possession are still true today.  

     In addition, your Committee finds that appropriate non-
violent class B and class C methamphetamine offenders are already
eligible for treatment through Drug Court and are in fact being
currently accepted into the program.  Your Committee recognizes

 
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that the fact that all pending drug charges will be dismissed
upon successful completion of the drug court program and that the
offender could be subject to a mandatory term of imprisonment if
not in the Drug Court program has proven to be a powerful
motivator.  Your Committee firmly believes that the current
mandatory minimums used in conjunction with diversion programs
like Drug Court, can be extremely successful in rehabilitating
offenders by combining both an effective reward and a strong
deterrent.

     Testimony in support of this measure was submitted by the
Department of Public Safety, the Office of the Public Defender,
the Drug Policy Forum of Hawaii, the American Civil Liberties
Union of Hawaii, and Out of Prison Services.  Testimony in
opposition to this measure was submitted by the Department of the
Prosecuting Attorney of the City and County of Honolulu, the
Department of the Prosecuting Attorney of the County of Maui, and
the Honolulu Police Department.  The Judiciary did not take a
position on the policy issues relating to criminal penalties, but
had concerns over mandates which eliminate the court's discretion
in the sentencing of felons.

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

     (1)  Deleting the provisions that repealed the mandatory
          minimum terms of imprisonment for class B and class C
          drug offenses involving the possession or distribution
          of methamphetamines; 

     (2)  Clarifying that mandatory treatment shall be given to
          incarcerated crystal methamphetamine offenders pursuant
          to chapter 353G, Hawaii Revised Statutes; and

     (2)  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.
2935, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2935, S.D. 1, and
be placed on the calendar for Third Reading.


 
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                                   STAND. COM. REP. NO. 2461
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                                   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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