Establishes the drug strike force program as a pilot project within the department of public safety to aggressively combat the sale and distribution of illegal drugs on the island of Hawaii. Provides associated funding for drug prevention, enforcement, and treatment. Establishes the temporary coordinated council on drug control in the department of public safety to review existing coordinating bodies and statutes and propose a model comprehensive coordinating body for addressing drug abuse in this State. Appropriates unspecified sums to fund the temporary council. (SD1)

A BILL FOR AN ACT

PART I

SECTION 1. Drug use in Hawaii continues to escalate and expand. 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 or "ice". "Ice" addiction is estimated to account for forty-four per cent of Hawaii's homicides. Forty per cent of all people arrested by Honolulu police test positive for "ice" according to the most recent United States Justice Department report. Drug use accounts for an estimated ninety per cent of the State's two thousand three hundred confirmed cases of child abuse each year. 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 "ice" use among teenagers. It is critical to expand prevention efforts into schools to reduce or eliminate the use of "ice".

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

Finally, coordination for all of the various drug programs is essential 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 shown 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 at the direction of the 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 pilot project 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. 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 poly-drug abuse treatment."

SECTION 5. 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 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 in section 353C- , Hawaii Revised Statutes, the department of public safety 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 poly-drug abuse 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 expenses pursuant to the drug strike force program pilot project.

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 poly-drug abuse 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.

The legislature further finds that prevention is key to stemming the tide of ice use among teenagers. To reduce or eliminate the use of "ice" among youth, it is critical to expand prevention efforts into 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 "ice".

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, 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 "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 of 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 report 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 using "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 more crimes than students throughout 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 "ice".

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 to treat poly-drug abuse 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 "ice" is the greatest threat to a community's health and public safety. In 2001, Hawaii county 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. The purpose of this part is to make an appropriation for more effective community based anti-drug programs to prevent the use of "ice".

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

"§353C- Coordinated council on drug control; purpose; members. (a) There is established in the department of the public safety, the coordinated council on drug control. The council shall be chaired by the director and shall consist of:

(1) The lieutenant governor;

(d) The council shall submit a report to the legislature no later than 20 days prior to the convening of the regular legislative session of 2004. The report shall include proposed legislation to implement the council's findings."

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, 2006; provided that: