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.

A BILL FOR AN ACT

Part I.

SECTION 1. The legislature finds that substance abuse touches our community in many different ways. The high social and financial costs of substance abuse-related problems include domestic violence, motor vehicle accidents caused by driving under the influence, prostitution, property crime, and rising health care costs stemming from drug-exposed infants and children. The legislature further finds there exists no effective statewide drug control policy or interagency collaborative effort. The individual efforts of the several state agencies to address substance abuse are fragmented and do not sufficiently address this growing social disease. The legislature further notes that many other states provide for the distribution of federal and other funds in support of substance abuse programs through the governor's office in order to track and coordinate funding efforts.

In order to address this growing problem and fragmentation of the State's efforts, the legislature believes that there is an urgent need to establish a substance abuse multi-agency coordinating council to develop statewide integrated substance abuse treatment and prevention policy. The legislature further agrees that the department of health is the most appropriate placement for this policy council, in light of the seriousness of this problem and the need for coordination of programs, services, and funding.

Accordingly, the purpose of this Act is to establish a substance abuse multi-agency coordinating council, which shall be convened by the department of health, to develop a statewide integrated policy, and to set the general direction for substance abuse prevention and treatment programs.

Part II.

SECTION 2. Chapter 321, part XVI, Hawaii Revised Statutes, is amended as follows:

1. By amending the title of Part XVI to read:

"[[]PART XVI[]]. SUBSTANCE ABUSE POLICY AND PROGRAMS"

2. By amending section 321-191 to read:

"[[]§321-191[]] Definitions. As used in this part:

["Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2.]

"Advisory committee" means the community alliance advisory committee established under this part.

"Coordinating council" means the substance abuse inter-agency coordinating council established under this part.

"Department" means the department of health.

"Substance" means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents.

"Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society."

3. By adding three new sections to be appropriately designated and to read:

"§321-    Substance abuse multi-agency coordinating council. (a) There is established within the department of health, a substance abuse multi-agency coordinating council for the purposes of developing statewide policy direction to promote an integrated and coordinated substance abuse prevention and treatment system for the State, and to identify funding opportunities to support implementation of all elements of the system. The coordinating council shall be appointed by the governor and shall be composed of:

(b) The director of health, or designee, shall serve as the chairperson of the coordinating council. The coordinating council shall meet not less than once per month, and upon the request of the chairperson. The coordinating council shall:

(c) In assisting the coordinating council, the department of health shall:

(d) The coordinating council shall convene a community alliance advisory committee that shall include members appointed by the governor representing substance abuse program providers, clients of substance abuse programs, pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The advisory committee shall appoint on an annual basis one member to serve as chairperson of the committee. The advisory committee shall be convened as needed to assist the coordinating council in the development of the statewide policy direction.

§321-    Substance abuse programs special fund. There is created in the treasury of the State, the substance abuse programs special fund, into which shall be deposited revenues collected by the department of taxation pursuant to sections 244D-17 and 245-15. The special fund shall be used solely to support the operations of the substance abuse multi-agency coordinating council and any substance abuse programs and services designated by legislative appropriation.

§321-    Annual program and financial report. The department of health, in consultation with the coordinating council, shall submit an annual program and financial report to the legislature twenty days prior to the convening of each regular session, which shall include, but not be limited to:

Part III.

SECTION 3. Section 244D-17, Hawaii Revised Statutes, is amended to read as follows:

"[[]§244D-17[]] Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations [, to be kept and accounted for as provided by law.]; provided that ten per cent of the moneys shall be deposited into the substance abuse programs special fund established pursuant to section 321-   ."

SECTION 4. Section 245-15, Hawaii Revised Statutes, is amended to read as follows:

"§245-15 Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations [to be kept and accounted for as provided by law], except for the amounts designated by section 245-41 for distribution to the attorney general[.]; provided that ten per cent of the remaining moneys shall be deposited into the substance abuse programs special fund established pursuant to section 321-   ."

SECTION 5. Act 205, Session Laws of Hawaii 1995, as amended by Act 7, Session Laws of Hawaii 1996, and Act 152, Session Laws of Hawaii 1998, is amended by amending section 1 to read as follows:

"SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706-    Drug demand reduction assessments; substance abuse programs special fund. (1) In addition to any disposition authorized by chapter 706 or 853, any person [convicted] who is:

any person charged with [such an] any offense under paragraphs (a) to (d) who has been granted a deferred acceptance of guilty or no contest plea [may] shall be ordered to pay a monetary assessment under subsection (2).

(2) Monetary assessments for individuals subject to subsection (1) shall not [exceeding] exceed the following:

Notwithstanding sections 706-640 and 706-641 and any other law to the contrary, the assessments provided by this section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law.

[(2) There is established a special fund to be known as the "drug demand reduction assessments special fund" to be administered by the department of health.]

(3) All moneys collected pursuant to this section shall be deposited into the substance abuse programs special fund established pursuant to section 321-   . The disbursement of moneys from the [drug demand reduction assessments] substance abuse programs special fund shall be used to [supplement drug treatment and other drug demand reduction programs.] support statewide substance abuse prevention, intervention, and treatment programs, as directed by the state substance abuse policy council.

[(3)] (4) All monetary assessments paid and interest accrued on funds collected pursuant to this section shall be deposited into the [drug demand reduction assessments] substance abuse programs special fund. Any unexpended moneys remaining in the drug demand reduction assessments special fund shall lapse into the substance abuse programs special fund.

[(4)] (5) Restitution to the victim of a crime enumerated in subsection (1) shall be made before payment of the monetary assessment.

[(5)] (6) The court shall not order the defendant to pay the monetary assessment unless the defendant is or will be able to pay the monetary assessment.""

SECTION 6. Act 205, Session Laws of Hawaii 1995, as amended by Act 7, Session Laws of Hawaii 1996, as amended by Act 152, Session Laws of Hawaii 1998, is amended by amending section 4 to read as follows:

"SECTION 4. This Act shall take effect upon its approval [and shall be repealed on June 30, 2001]."

SECTION 7. Section 328L-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The fund shall be used for the purpose of receiving and appropriating the tobacco settlement moneys as follows:

SECTION 8. Section 328L-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established in the state treasury the emergency budget and reserve fund which shall be a special fund administered by the director of finance, into which shall be deposited:

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, to be deposited into the substance abuse programs special fund for the purposes of this Act, including the hiring of necessary staff. The sum appropriated shall be expended by the department of health.

Part IV.

SECTION 10. Section 321-193, Hawaii Revised Statutes, is amended to read as follows:

"§321-193 Duties and responsibilities of department. The department shall:

SECTION 11. Section 353G-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353G-13[]] Reporting and implementation. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health.

(b) The department of public safety, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter.

[(c) The department of public safety, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.

(d)] (c) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F."

SECTION 12. Sections 321-194 and 321-195, Hawaii Revised Statutes, are repealed.

["[§321-194] State advisory commission. The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substance abuse. In addition, the advisory commission shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding.

[§321-195] Annual report to the legislature. The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session of the legislature."]

SECTION 13. Sections 329-2 through 329-4, Hawaii Revised Statutes, are repealed.

["§329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment. There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor, as provided in section 26-34. The members shall be selected on the basis of their ability to contribute to the solution of problems arising from the abuse of controlled substances, and to the extent possible, shall represent the pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The commission shall elect a chairperson from among its members. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings of the commission. The commission shall be a part of the department of health for administrative purposes; provided that the department of health shall appoint an ex-officio non-voting representative to the commission who shall regularly attend meetings of both this commission and the state council on mental health, and make regular reports to both bodies.

[§329-3] Annual report. The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furnished by the governor to the legislature.

§329-4 Duties of the commission. The commission shall:

Part V.

SECTION 14. An integrated case management system defines a single point of accountability which is responsible for continuity of communication, care, and follow-up for substance-abusing offenders, regardless of which services they may receive at any given time, or which criminal justice agency is supervising the offender. Case management replaces a haphazard process of referrals with a single, well-structured service. In doing so, it offers the offender continuity. As a single point of contact, case managers have obligations not only to their clients, but also to the members of the systems with whom they interact. Case managers must familiarize themselves with protocols and operating procedures observed by these other professionals. The case manager must mobilize needed resources, which requires the ability to negotiate formal systems, to barter informally among service providers, and to consistently pursue informal networks. Case managers must not only have many of the same abilities as other professionals who work with substance abusers (such as counselors), they must also possess special abilities relating to such areas as interagency functioning, negotiating, and advocacy.

Case management for substance-abusing offenders includes two basic dimensions: referral and service coordination. Referral activities include a number of steps in securing the appropriate services for the client. Networking with the array of agency, professional, and community groups that impact the treatment continuum ensures appropriate referrals, identification of service gaps, and assistance in meeting the unmet needs of the client. Knowing where and when to refer to a specific service is vital to successful case management. Also, the sharing of information between the criminal justice agency responsible for the supervision of the client, the treatment provider, and the case manager provides for the continuity of care and enhanced community safety by ensuring substance abuse treatment needs are being met and program participation is adhered to. Lastly, the case management system requires evaluation of the outcome of treatment referrals to monitor appropriateness of treatment being provided by the service agency.

Service coordination consists of two equally important aspects: development and implementation of a treatment plan, and consulting with other professionals and agencies involved with the individual client. The development of a treatment plan requires obtaining, reviewing, and interpreting all relevant screening, assessment, and initial treatment planning information. Implementation of the treatment plan includes initiating collaboration with the referral source and completing the administrative procedures for admission to treatment. The case manager is responsible for coordinating all treatment activities with services provided to the client by other resources. The consulting role of the case manager involves participation with a multidisciplinary treatment team that assists in providing coordination of services and identification of client needs and treatment gaps. Client progress is tracked through these multidisciplinary teams for the purpose of ensuring quality of care, gaining feedback, and planning changes in the course of treatment.

SECTION 15. There is appropriated out of the substance abuse prevention and treatment special fund the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, to provide for the hiring of staff and the purchase of necessary services and equipment to carry out integrated case management for the substance-abusing criminal offender. The sum appropriated shall be expended by the department of health.

Part VI.

SECTION 16. Case management focuses on assisting the substance-abusing offender in acquiring needed resources. The substance abuse continuum of care focuses on activities that help substance-abusing offenders recognize the extent of their substance abuse problem, acquire the motivation and tools to stay sober, and use those tools. The continuum of treatment services should include the following elements:

SECTION 17. There is appropriated out of the substance abuse prevention and treatment special fund the sum of $          , or so much thereof as may be necessary for the fiscal year 2001-2002, to provide for substance abuse treatment services for criminal offenders. The sum appropriated shall be expended by the department of health.

Part VII.

SECTION 18. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 19. The legislative reference bureau shall prepare proposed conforming legislation to make necessary amendments to statutes affected by the repeal of sections 321-194, 321-195, 329-2, 329-3, and 329-4, Hawaii Revised Statutes. The legislative reference bureau shall transmit such proposed legislation to the legislature not later than twenty days prior to the convening of the regular session of 2002.

SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 21. This Act shall take effect upon its approval; provided that parts III, V, and VI shall take effect on July 1, 2011.