STAND. COM. REP. NO.21
Honolulu, Hawaii
, 2001
RE: H.B. No. 176
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 176 entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"
begs leave to report as follows:
The purpose of this measure as received by your Committee is to mandate substance abuse assessment and, if appropriate, treatment for offenders under the custody of the Department of Public Safety.
Your Committee received testimony in support of this measure from the Department of Public Safety, the Department of Health, the Hawaii Substance Abuse Coalition, the Hawaii Women's Political Caucus, the Office of the Public Defender, T.J. Mahoney and Associates, and several concerned citizens. Your Committee received testimony in support of the intent of this measure from the Judiciary and the Prosecutor of the City and County of Honolulu. Your Committee received testimony in opposition to this measure from the Honolulu Police Department.
Your Committee finds that a full continuum of substance abuse treatment is in the interest of public safety and public health. To that end, your Committee has amended this measure by:
(1) Amending the purpose to include a policy shift to address non-violent drug possession offenses by requiring mandatory community supervision and treatment in lieu of incarceration;
(2) Removing section 3 from the original bill, describing a change in sentencing for certain drug offenses;
(3) Incorporating the contents of H.B. No. 713 into this bill;
(4) Amending section 4 of the original bill to change the word "inmate" to "offender" to make the bill applicable to those people under the jurisdiction of the Department who are not incarcerated; and
(5) Amending the appropriation section to apply also to those inmates who are under the custody of the department but incarcerated in other states.
As amended, the bill now addresses substance-abusing offenders at three important stages; while on probation, while incarcerated, and while on parole. It is the intent of your Committee to consider this issue in as holistic a view as possible, encompassing the full continuum of criminal justice outcomes.
Your Committee notes that several testifiers made reference to confusing and possibly contradictory amendments being made to the sentencing statutes. In particular your Committee notes that there is some debate concerning the effect of this bill on crystal methamphetamine, or "ice," offenses that are presently subject to mandatory terms of imprisonment. Your Committee respectfully requests that the Committee on Judiciary and Hawaiian Affairs take an especially close look at the those aspects of the bill and attempt to strike the proper balance between public safety and public health.
Your Committee also notes that as this measure progresses through the legislature it may become desirable to revisit the sections of the bill applying to those offenders on parole with an eye towards ensuring that public safety is adequately safeguarded in that arena.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 176, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 176, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
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____________________________ NESTOR GARCIA, Chair |