STAND

STAND. COM. REP. NO. 1245-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2748

S.D. 1

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 2748, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DRUG DEMAND REDUCTION ASSESSMENTS,"

begs leave to report as follows:

The purpose of this bill is to make permanent the drug demand reduction assessments enacted in Act 205, Session Laws of Hawaii 1995, and amend them by among other things:

(1) Expanding the number of offenses for which the monetary assessments will be imposed;

(2) Making the monetary assessments mandatory;

(3) Specifying that, in addition to restitution to the victim, probation and crime victim compensation fees shall also be paid before payment of the assessment;

(4) Giving the court the discretion to order the offender to undergo substance abuse treatment at the offender's expense if the court determines that the offender is eligible for probation or will not be sentenced to prison; and

(5) Providing that the court may waive or reduce the amount of the assessment if the offender undergoes treatment at the offender's expense or upon a showing that the offender lacks the financial ability to pay all or part of the assessment.

The Honolulu Police Department and the High Intensity Drug Trafficking Area Task Force supported this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu supported this measure with an amendment. The Department of Health supported the intent of this bill.

Your Committee has amended this bill by changing its effective date to June 29, 2010, to promote further discussion.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2748, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2748, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

		____________________________ DWIGHT Y. TAKAMINE, Chair