Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2748 entitled:

begs leave to report as follows:

The purpose of this measure is to require, rather than just permit, the payment of drug demand reduction assessments (DDRA).

Testimony in support of this measure was submitted by the Department of Health; State Crime Victim Compensation Commission; the Department of the Prosecuting Attorney, City and County of Honolulu; Honolulu Police Department; and Hawaii Substance Abuse Coalition. Comments on this measure were also submitted by the State Judiciary.

Your Committee finds that the main purpose of the DDRA is to supplement the funding for drug treatment and other drug demand reduction programs. It seems fair and right that those who violate drug laws, by distributing or using illegal narcotic drugs, should be required to contribute to programs that treat drug users and try to prevent the illegal use of drugs in our community.

Thus, the purpose of this bill is not to impose a fine, or to exact punishment on persons convicted of drug offenses. Rather, the DDRA is a remedial measure, intended to help correct the evils of drug abuse and addiction for which the convicted defendant is partly responsible.

Your Committee adopted the amendments suggested by the Prosecutors' office. Specifically, corrections based on section 712-1257, Hawaii Revised Statutes, are exempt from the scope of the DDRA.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2748, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2748, S.D. 1, and be referred to the Committee on Ways and Means.