Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 791, S.D. 2, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to provide therapeutic and rehabilitative services in a residential setting and ensure that housing is available for people recovering from substance abuse by allowing the Department of Health (DOH) to license special treatment facilities and therapeutic living programs.

DOH and Honolulu Police Department testified in support of this bill. The Office of the Lieutenant Governor supported this measure with amendments. Oxford House, Inc. testified in opposition to this bill. The Hawaii Disability Rights Center provided comments.

Your Committee finds that the availability of appropriate settings for persons recovering from substance abuse is lacking in Hawaii and that it is in the best interest of the public to establish continuum of care services and settings within the community.

Although there were some concerns raised as to what constituted a "permitted" versus "conditional" use with regards to a "clean and sober home," your Committee heard testimony that clarified that a home of less than five residents is considered a "permitted use" under current county ordinances and that a home with five or more residents is considered a "conditional use" subject to county approval.

Your Committee has amended this measure by making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 791, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 791, S.D. 2, H.D. 2.