CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO. -096-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 1188

S.D. 2

H.D. 2

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1188, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING FOR DRUGS AND INTOXICATING COMPOUNDS OFFENSES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to require that any person convicted for the first time for a nonviolent drug possession or use offense be sentenced to probation and community service.

This measure also requires:

(1) The paroling authority not to revoke parole for the first violation of a nonviolent drug-related parole condition if the defendant undergoes drug treatment;

(2) The court not to revoke probation for the first violation of a nonviolent drug-related probation condition;

(3) The establishment of interagency coordination through an interagency cooperative agreement to oversee the development and implementation of offender substance abuse treatment programs;

(4) The expungement of a nonviolent drug possession offense if the defendant completes a mandated drug treatment program; and

(5) An exemption from drug court for sentencing under this Act.

Your Committee on Conference finds that the link between substance abuse and crime is well established. Your Committee does not wish to diminish the seriousness of crime, but looks to approaching crime as being the result of addiction that is treatable. The treatment route is expected to produce a reduction in crime and recidivism. The intent of this measure is to promote treatment of nonviolent substance abuse offenders, rather than incarceration, as being in the best interests of the individual and the community at large.

Your Committee on Conference has amended this measure by:

(1) Clarifying that first time non-violent drug offenders, including probation and parole violators, be sentenced to undergo and complete drug treatment instead of incarceration;

(2) Deleting references to:

(a) Definition of "nonviolent drug possession offense";

(b) Exemption from drug court;

(d) Amendments to chapter 353G, Hawaii Revised Statutes, relating to criminal offender treatment Act; and

(e) The Department of Health conducting an inventory of existing substance abuse programs and developing a "best practice" service guide;

(3) Defining "drug treatment program";

(4) Adding the offense of possession of drug paraphernalia as a qualifying offense;

(5) Requiring the Hawaii Paroling Authority to conduct a review of current incarcerated persons who may qualify under this Act and to grant them parole;

(6) Clarifying the expungement provision, on recommendation of the Attorney General;

(7) Clarifying that the potentially eligible person must not have any violent felony convictions for five years;

(8) Requiring the coordinating body to meet at least quarterly in a meeting subject to chapter 92, Hawaii Revised Statutes;

(9) Clarifying that the person sentenced to probation under this measure who fails to complete the drug treatment program, will be returned to court for further sentencing if no other suitable treatment is amenable to the offender;

(10) Adding that the provisions of this measure do not give rise to a cause of action against the State, state employees, or treatment providers;

(11) Making appropriate statutory conforming amendments;

(12) Deleting all appropriations; and

(13) Changing the effective date to July 1, 2002.

Your Committee on Conference intends the term "conviction for any violent felony" to refer to a conviction for an offense against the person that involves the use of violence.

Your Committee on Conference intends that funding for this measure work in concert with the final draft of H.B. No. 1245.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1188, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1188, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ NESTOR R. GARCIA, Co-Chair		____________________________ BRIAN KANNO, Chair
____________________________ DENNIS A. ARAKAKI, Co-Chair		____________________________ COLLEEN HANABUSA, Co-Chair
____________________________ BOB NAKASONE, Co-Chair