Establishes the Drug Strike Force Program within the Dept. of Public Safety to aggressively combat the sale and distribution of illegal drugs. Provides funding for drug prevention, enforcement, and treatment. Establishes the Drug Czar in the Office of the Lieutenant Governor. (HB297 HD2)

A BILL FOR AN ACT

PART I

SECTION 1. Drug use in Hawaii continues to escalate and expand. The County of Hawaii has taken the lead in recognizing this problem and has developed a public awareness program through its "ice" summit and other programs. It is the legislature's intent to use Hawaii County as a test area, and through the support of the federal and state governments, develop a three-pronged approach dealing with enforcement, rehabilitation, and education for Hawaii County to be used as a basis for similar programs throughout the state.

The legislature further finds that prevention is the key to stemming the tide of crystal methamphetamine use among teenagers. Once use and addiction occur, it becomes a matter of enforcement and rehabilitation rather than prevention. Enforcement is too little, too late. It is critical to expand prevention efforts in the schools to reduce or eliminate the use of crystal methamphetamine.

The legislature further finds that prevention and education is best started in communities. The legislature finds that it is important for each community to participate in its own efforts in education, prevention, and rehabilitation. In this way we must take back our neighborhoods from the devastation of drug use and abuse. Too often, untailored programs and services are offered to outlying or rural communities that are neither welcome nor effective.

Finally, coordination for all of the various drug programs is essential especially in these times of budget cuts and limited financial resources.

The purpose of this Act is to:

PART II

SECTION 2. The use of drug strike force teams in the war against drugs has showed great promise in areas where they have been used. These teams consist of law enforcement professionals, including persons with experience as police officers, investigators, prosecutors, military police officers, federal agents, and human services professionals. Working together undercover and at the direction of the state department of public safety, these teams collaborate with local police departments to rid the state of drug distributors, community by community.

The purpose of this part is to:

SECTION 3. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Drug strike force program. There is established the crystal methamphetamine eradication program to be called the "drug strike force program" to be placed in the department of public safety for administrative purposes. The purpose of the program shall be to combat the manufacture, distribution, and sale of methamphetamine in the crystalline form, commonly known as "ice.""

SECTION 4. Section 245-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Stamps shall be sold at their denominated values, plus a stamp fee of [1.7] ____ per cent of the denominated value of each stamp sold, composed of the aggregate of:

provided that the department of taxation by rule may modify the stamp fee to reflect actual costs incurred by the State in providing the stamps."

SECTION 5. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Cigarette tax stamp treatment special fund. There is established in the department of health a special fund to be known as the cigarette tax stamp treatment special fund in which shall be deposited      per cent of the denominated value of the cigarette stamp fee to be used for crystal methamphetamine treatment."

SECTION 6. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

"(4) There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund, hereinafter referred to as the "fund" in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the fund shall be expended by the attorney general and are hereby appropriated for the following purposes:

SECTION 7. With regard to the drug strike force program under section 28- , Hawaii Revised Statutes, the department of the attorney general shall provide a report to the legislature at least thirty days prior to the beginning of each legislature beginning with the regular session of 2004. This report shall include:

SECTION 8. In addition to state funding provided by this part, the attorney general and the director of public safety shall take all steps necessary to obtain federal funding for the drug strike force program.

SECTION 9. There is appropriated out of the department of health cigarette tax stamp treatment special fund the sum of $     or so much thereof as may be necessary for fiscal year 2003-2004 for crystal methamphetamine treatment.

The sum appropriated shall be expended by the department of health for the purposes of this part.

SECTION 10. There is appropriated out of the criminal forfeiture fund the sum of $      or so much thereof as may be necessary for fiscal year 2003-2004 for enforcement pursuant to the drug strike force program.

The sum appropriated shall be expended by the department of the public safety for the purposes of this part.

SECTION 11. There is appropriated out of the Hawaii tobacco settlement special fund the sum of $ or so much thereof as may be necessary for fiscal year 2003-2004 for crystal methamphetamine prevention programs.

The sum appropriated shall be expended by the department of health for the purposes of this part.

PART III

SECTION 12. The legislature finds that substance abuse continues to be a particularly pernicious problem among youth and adolescents in Hawaii, resulting in adverse impacts upon families. According to the department of health in its report, "The 2000 Hawaii Student Alcohol and Drug Abuse Use Study (1987-2000), Hawaii Adolescent Prevention and Treatment Needs Assessment" (DOH report), experts in the field have linked substance abuse to other societal problems, including family dysfunction, juvenile delinquency, poor academic achievement, impaired emotional functioning, and lowered social competence. Furthermore, the economic costs to society are often astronomical, with much of the burden falling on persons who are not substance abusers. Nearly half of all twelfth graders, approximately one-fourth of tenth and eighth graders, and nearly one-tenth of sixth graders have tried at least one drug, with the most prevalent being marijuana, followed by inhalants, hallucinogens, and ecstasy.

According to the United States Attorney for the District of Hawaii, drug use is increasing in Hawaii due to the highly addictive nature of crystal methamphetamine, which is estimated to account for forty-four per cent of Hawaii's homicides. All drugs account for an estimated ninety per cent of the State's 2,300 confirmed cases of child abuse each year. Forty per cent of people arrested by Honolulu police tested positive for crystal methamphetamine, according to the most recent United States Justice Department report. No other city in the country comes close to thirty per cent, with one town on the Big Island estimated to have fifty per cent of its teenagers addicted to crystal methamphetamine, according to the United States Attorney for the District of Hawaii.

The legislature further finds that prevention is key to stemming the tide of crystal methamphetamine use among teenagers. Once usage and addiction occur, it becomes a matter of enforcement rather than prevention. Enforcement is too little too late.

The legislature further finds that to reduce or eliminate the use of crystal methamphetamine among youth as a contributing factor to later physical, psychological, and social dysfunction, and to arrest, retard, or reverse the progress of secondary problems, it is critical to expand prevention efforts in the schools.

The purpose of this part is to make an appropriation for more education programs targeted at middle and high school students to prevent the use of crystal methamphetamine.

SECTION 13. 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 2003-2004 for education programs aimed at preventing crystal methamphetamine use among middle and high school students.

The sum appropriated shall be expended by the department of health, to work in conjunction with the department of education and law enforcement agencies, for the purposes of this part.

PART IV

SECTION 14. The legislature finds that crystal methamphetamine (ice) is the greatest health and public safety threat to communities on the island of Hawaii. In August of 2001, the Hawaii Island Methamphetamine Summit was held, one of the first four held throughout the country. United States Senator Daniel K. Inouye, Drug Enforcement Administration administrator Asa Hutchinson, National Crime Prevention Council vice president Jim Copple, and Dr. Wesley Clark, director of the Center for Substance Abuse Treatment in Washington, D.C. traveled to the island of Hawaii to address the devastating impact that ice has had on communities across the country.

The purpose of the summit was to focus attention and resources upon the problem of ice and the crisis and epidemic that it has become on the island of Hawaii. Child protective services reported that over one thousand five hundred children on the island of Hawaii have been placed under the jurisdiction of the courts, with over ninety per cent being involved in ice or drugs.

The Hawaii county police department reported that ice arrests between 1997 and 2001 have increased four hundred thirty-one per cent. Ice seizures in Hawaii county increased from almost twenty-seven ounces in 1998 to two hundred nineteen ounces in 2001. The Big Island Substance Abuse Council, the largest substance abuse treatment provider in Hawaii county, reports that ice has become the drug of choice for Big Island residents by a two-to-one margin over any other drug. In 2001-2002, forty-five per cent of those seeking treatment admitted that ice was their first drug of choice, far outpacing cocaine (seven per cent), heroin (three per cent), marijuana (twenty per cent), and alcohol (twenty-five per cent). The U.S. Attorney's Office has also recognized that Hawaii county has been hard hit by ice, reporting that Hawaii's greatest threat is ice and its devastating impact upon families, children, and the safety of the entire community.

In 2001, Hawaii county conducted a comprehensive survey and research into the problem of drugs and substance abuse by adolescents. The juvenile justice comprehensive strategic plan, conducted as a result of a federal grant from the Office of Juvenile Justice and Drug Prevention, through the Hawaii county office of the prosecuting attorney, revealed that adolescents from Hawaii county were at the highest risk for drug use and abuse in the State of Hawaii. Data from the department of health's report, "The 2000 Hawaii Student Alcohol and Drug Abuse Study (1987-2000)," shows that a greater percentage of students in Hawaii county, in grades six, eight, ten, and twelve have used drugs and engaged in risky behavior or committed crimes more than the rest of the State. This disturbing data was an impetus for Hawaii county to seek federal assistance through the office of Senator Daniel K. Inouye.

However, federal assistance alone will not solve the crisis and epidemic currently affecting children, families, and communities. The only hope to eliminate this threat is for every level of government to do its part and for each community to actively participate in the issues affecting them. Because of the unique challenges posed by a population of approximately one hundred forty thousand spread out over four thousand twenty-eight square miles, with entirely distinct communities with distinct characteristics, the legislature finds that it is important for each community to participate in its own healing and its own initiatives. Through community effort, neighborhoods must be saved from the devastation of drug use and abuse, or run the risk of losing our most precious resource, our children. The legislature further finds that Hawaii county, the county with the highest rate of substance abuse among youth, should have its own treatment facility, rather than forcing residents to send their children to Oahu or Maui for treatment.

The purpose of this part is to make an appropriation for the establishment of an adolescent substance abuse treatment facility to address the use of crystal methamphetamine.

SECTION 15. 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 2003-2004 for the establishment of an adolescent treatment center aimed at addressing crystal methamphetamine use on the island of Hawaii.

The sum appropriated shall be expended by the department of health, alcohol and drug abuse division, for the purposes of this part.

PART V

SECTION 16. The legislature finds that crystal methamphetamine ("ice") is the greatest threat to a community's health and public safety on the Island of Hawaii. In August of 2001, the Hawaii Island Methamphetamine Summit was held, on the island of Hawaii. This was one of the first four held throughout the country. In attendance to address the devastating impact that "ice" has had on communities throughout the country were United States Senator Daniel K. Inouye, Drug Enforcement Administration administrator Asa Hutchinson, National Crime Prevention Council vice president Jim Copple, and Dr. Wesley Clark, director of the Center for Substance Abuse Treatment in Washington, D.C.

The purpose of the summit was to focus attention and resources upon the problem of "ice" use on the island of Hawaii, a problem which has reached epidemic proportions. Indeed, child protective services reports that over one thousand five hundred children on the island of Hawaii have been put under the jurisdiction of the courts, with over ninety per cent being ice or drug related.

The Hawaii county police department has reported that "ice" arrests between 1997 and 2001 have increased by four hundred thirty-one per cent and that "ice" seizures in Hawaii county increased from approximately twenty-seven ounces in 1998 to two hundred nineteen ounces in 2001. Moreover, a report compiled by the Big Island Substance Abuse Council, the largest substance abuse treatment provider in Hawaii county, has indicated that "ice" has become the drug of choice for Big Island residents by a two-to-one margin over any other drug. In 2001-2002, fully forty-five per cent of those seeking treatment admitted that "ice" was their first drug of choice, far outpacing cocaine (seven per cent), heroin (three per cent), marijuana (twenty per cent), and alcohol (twenty five per cent). The U.S. Attorney's Office has also recognized that Hawaii county has been hard hit by "ice," reporting that Hawaii's greatest threat is "ice" and its devastating impact upon families, children, and the community's safety.

Hawaii county in 2001 conducted a comprehensive survey and researched the problem of drug and substance abuse by adolescents. The juvenile justice comprehensive strategic plan, conducted by a federal grant from the Office of Juvenile Justice and Drug Prevention, through the Office of the Prosecuting Attorney, Hawaii county, revealed that adolescents from Hawaii county were at the highest risk for drug use and abuse among all adolescents in the State of Hawaii. Using data from the department of health's report, "The 2000 Hawaii Student Alcohol and Drug Abuse Study (1987-2000)," their research found that a greater percentage of students in grades six, eight, ten, and twelve in Hawaii county have used drugs and engaged in risky behavior or committed crimes as compared to the rest of the State. This disturbing data was an impetus for Hawaii county to seek federal assistance, through the office of Senator Daniel K. Inouye, to combat the problem of drug use and abuse among adolescents.

However, federal assistance alone will not solve the crisis and epidemic currently affecting the children, families, and communities of Hawaii county. The only hope to eliminate this threat is for every level of government to do its part, and for each community to actively participate in the issues affecting them. Because of the unique challenges posed by a population of approximately one hundred forty thousand spread out over four thousand twenty-eight square miles, composed of entirely distinct communities with distinct characteristics, the legislature finds that it is important for each community to participate in its own healing and its own initiatives. In this way, we must take back our neighborhoods from the devastation of drug use and abuse. Too often, untailored programs and services are offered to outlying or rural communities that are neither welcomed nor effective.

The purpose of this part is to make an appropriation for more effective community based anti-drug programs to prevent the use of crystal methamphetamine.

SECTION 17. 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 2003-2004 for community anti-drug efforts aimed at preventing crystal methamphetamine use on the island of Hawaii.

The sum appropriated shall be expended by the department of health, alcohol drug abuse division, for the purposes of this part.

PART VI

SECTION 18. Hawaii Revised Statutes is amended by adding a new Chapter to be appropriately designated and to read as follows:

"CHAPTER

§ -1 Office of drug czar; established; members. (a) There is established in the office of the lieutenant governor the office of the drug czar. This office shall be headed by a drug control board. The board shall be chaired by the lieutenant governor and shall consist of 14 additional members appointed by the governor as provided in section 26-34.

(b) The fifteen members of the drug control board shall consist of:

(c) The members of the drug control board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) The board shall coordinate all state programs related to drug distribution, sales, use, enforcement, and rehabilitation and shall work with the departments to ensure that available federal funding is used to its best advantage.

(e) The board shall submit a report to the legislature no later than 20 days prior to the beginning of each regular legislative session beginning with the 2004 session. The report shall include:

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect upon its approval and shall be repealed on June 30, 2008; provided that: