Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 500, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to provide the necessary appropriations and authorizations for the operation of and capital improvements for the Judiciary for fiscal biennium 2005-2007.

The Judiciary, Child Welfare Services State Advisory Council, Volunteer Legal Services Hawaii, Na Loio Immigrant Rights and Public Interest Legal Center, and several concerned individuals from Catholic Charities Hawaii testified in support of this bill. Several concerned individuals opposed this measure.

Last year, the Legislature approved what became Act 40, Session Laws of Hawaii 2004 (Act 40), which sought to address the crystal methamphetamine (ice) epidemic. In Act 40, $3,175,419 was provided to the Judiciary for expansion of its Drug Court system.

Your Committee finds that the Drug Courts provide a tangible benefit in the fight against the ice epidemic. Since the program's inception, 432 clients have graduated. The overall recidivism rate of five percent shows that this program is providing a much-needed service and achieving success at helping individuals overcome their substance abuse problems. Therefore, your Committee has not only continued drug court funding at the Act 40 level, but has provided an additional $3.6 million in fiscal year 2005-2006 and $3.7 million in fiscal year 2006-2007. These additional funds will allow the Drug Court to expand its Family Drug Court services in the First Circuit, establish a Juvenile Drug Court program in the Fifth Circuit, and extend services to the island of Molokai.

For the First Circuit, your Committee has appropriated an additional $353,979 to provide additional counselors and services to families in which parents are at risk of losing their children. The Family Drug Court has proven to be effective over the years: in 2004, of the 38 clients admitted into the program, 20 graduated successfully, and since the program’s inception, 71 parents and 118 children have received services that include additional treatment, parenting classes, anger management treatment, safe and sober housing, and vocational rehabilitation.

To address the growing problem of substance abuse among juveniles, your Committee has appropriated $91,002 to the Fifth Circuit to establish a Juvenile Drug Court program. The Kauai Juvenile Drug Court, which is scheduled to begin in July 2005, will offer services to at least 20 juveniles and their families. The Juvenile Drug Court in the First Circuit has already proven to be effective: for the 25 Juvenile Drug Court clients who graduated between January 2003, and November 2004, a success rate of 88 percent was reported and only 3 have recidivated, a significantly lower rate than the national norm.

Prior to the passage of Act 40, Molokai residents had to temporarily relocate to Maui or make long commutes to gain access to Drug Court services. However, in keeping with its commitment to provide Drug Court services to the entire state, your Committee has appropriated additional funds to expand this program to the island of Molokai. Since its inception, the Second Circuit has graduated 135 clients, and this expansion will bring the state another step closer to curing the ice epidemic.

Your Committee realizes the harmful and far-reaching impacts of drug abuse in Hawaii. This budget demonstrates the Legislature's intent to join forces with the Judiciary to fulfill a commitment to stamp out drug abuse in our communities.

Since its establishment in 1997, the Juvenile Sex Offender program has offered services and treatment to sex-offending juveniles and their families. The effectiveness of the program has resulted in a ten percent recidivism rate. Your Committee recognizes the importance and significance of early intervention and a comprehensive approach to effectively treating and managing individuals with sex-offending behaviors, and has appropriated an additional $359,491 to continue the Juvenile Sex Offender program's specialized assistance to these youth and their families.

With the anticipated completion of the new Kauai Judiciary Complex in July 2005, your Committee has appropriated $297,388 in fiscal year 2005-2006 and $470,162 in fiscal year 2006-2007 to fund its operating costs. These costs include expenses for utilities, elevator maintenance, electronic security, and the Jefferson Audio Video System. The opening of the new complex will expand the number of courtrooms to help ease scheduling conflicts.

Your Committee has amended this bill by:

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 H.B. No. 500, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 500, H.D. 2.