Establishes the "Drug Busters" program in the Department of the Attorney General to enforce crystal methamphetamine (ice) laws. Appropriates funds for state agencies and the counties for ice treatment, prevention, rehabilitation, education, environmental damage assessments, and program monitoring initiatives. (SB1201 HD2)

A BILL FOR AN ACT

SECTION 1. In 2003, the legislature took an important first step in addressing the issues of crystal methamphetamine (ice) use and addiction in Hawaii. A joint house-senate task force convened public hearings across the State to listen to community concerns and recommend appropriate action. This task force found that ice use and abuse had reached epidemic proportions, destroying families and resulting in increased criminal activities as well as increasing the burden on public resources such as child welfare, health, and social services.

The task force recommended the formulation of a multi-pronged approach that combined treatment, prevention, rehabilitation, public education, crime prevention, and law enforcement initiatives designed to prevent future generations from engaging in substance abuse as well as treat the present generation of ice abusers.

One year later, these important efforts must be sustained and expanded to ensure that this public health crisis does not fade into the background.

The legislature finds that early intervention is the key to diverting young adults away from drug use. The treatment gap for adolescents who need treatment and do not receive it is estimated at over five thousand individuals based on state and federal statistics. School-based treatment services need to be sustained and expanded in the middle and intermediate schools in order to provide early intervention and assessment for students as well as prevent adolescents from graduating to using more dangerous drugs.

The legislature also finds that it is critical that drug education and awareness in schools as well as community partnerships and non-school youth activities in communities with the greatest need be expanded and strengthened. Further, education and support services must be made available for families, women, and the community.

Presently, there are over six thousand ice users who need treatment, yet fewer than three thousand are able to access publicly funded treatment. This at-risk group is comprised of women of childbearing age, pregnant women, parents of young children, and native Hawaiians, all of whom remain under-served for substance abuse treatment. As such, more priority should be given to these individuals in receiving publicly funded treatment, as increased funding for adult substance abuse treatment is necessary to stop the ice epidemic.

It is imperative that the State employ a variety of measures to deal harshly with those who are involved with the distribution and sale of ice. One idea that has worked on a limited trial basis is the use of teams of "drug busters". These teams would 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 and at the direction of the state department of the attorney general, these teams could collaborate with local police departments to rid the state of drug distributors, community by community.

The purpose of this Act is to:

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28-   Drug busters program. There is established the crystal methamphetamine eradication program to be called the "drug busters program" and to be placed in the department of the attorney general 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 3. Beginning with the regular session of 2006, the department of the attorney general shall submit to the legislature no later than thirty days prior to the convening of each regular session, an annual report on the drug busters program. This report shall include:

SECTION 4. The attorney general and the director of public safety shall take all steps necessary to obtain federal funding for the drug busters program.

SECTION 5. 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 2005-2006 to establish and sustain school-based treatment in all public high schools and all public middle and intermediate schools. Funds appropriated in this section may only be used for purchase of school-based treatment services.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. 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 2005-2006; provided that at least fifty per cent of the funds appropriated shall be used for the development and use of substance abuse programs and practices that are evidenced-based with an emphasis on native Hawaiian culturally based programs, including youth-to-youth programs, non-school hour programs in communities with the greatest need, and education and support for families. The remaining funds shall be used for substance abuse prevention with priority given to drug education and awareness in schools and community partnerships, non-school youth activities in communities with the greatest need, education and support for families and parenting women, and community mobilization. Funds appropriated under this section shall be distributed among the islands based on population size and other need indicators.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. 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 2005-2006 to fund statewide substance abuse awareness and education campaigns targeted at youths, families, the workplace, and communities using multi-media community presentations and events.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 8. 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 2005-2006 for adult full continuum of treatment services, including family counseling, with priority given to women of child-bearing age, pregnant women, parents of young children in the home, and Hawaiians as defined in section 10-2, Hawaii Revised Statutes, and with an emphasis on native Hawaiian culturally-based programs. The department of health shall have flexibility in allocating funds to licensed adult treatment programs and currently operating therapeutic living programs funded by the department.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 9. 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 2005-2006 for the canine drug interdiction program.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 10. There is appropriated out of the environmental response revolving fund the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 for the cleaning and disposal of toxic waste materials found at the clandestine methamphetamine laboratory sites.

The sum appropriated shall be expended by the department of health.

SECTION 11. 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 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 for the payment of expenses arising in connection with enforcement activities of the drug nuisance abatement unit in the department of the attorney general, including the cost of employing attorneys, auditors, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 12. 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 2005-2006 for student substance abuse referral for the purpose of assessments by certified substance abuse treatment counselors, in accordance with Act 44, Session Laws of Hawaii 2004.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 13. There is appropriated out of the environmental response revolving fund the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 for a study and analysis of the effects of clandestine methamphetamine laboratories on the environment, particularly ground water, disposal of toxic waste materials found at the site, disposal of the site itself, and recommendations for action.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 14. 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 2005-2006 for a grant-in-aid to the city and county of Honolulu for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug-related crime rates; to be matched by the city and county of Honolulu using a combination of private and county funds.

The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

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 2005-2006 for a grant-in-aid to the county of Hawaii for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug-related crime rates; to be matched by the county of Hawaii using a combination of private and county funds.

The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 16. 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 2005-2006 for a grant-in-aid to the county of Maui for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug-related crime rates; to be matched by the county of Maui using a combination of private and county funds.

The sum appropriated shall be expended by the county of Maui for the purposes of this Act.

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 2005-2006 for a grant-in-aid to the county of Kauai for community-based substance abuse prevention programs, drug education and awareness in the schools, community partnerships and non-school hour programs in communities with the greatest need, and coordination of community-based drug abatement and mobilization efforts in communities based upon population size as well as drug use and drug-related crime rates; to be matched by the county of Kauai using a combination of private and county funds.

The sum appropriated shall be expended by the county of Kauai for the purposes of this Act.

SECTION 18. 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 2005-2006 as a grant-in-aid to the county of Hawaii for community anti-drug efforts aimed at preventing crystal methamphetamine use, to be matched with federal funds.

The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.

SECTION 19. 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 2005-2006 for a needs assessment for adult substance abuse treatment services or the implementation of the substance abuse treatment monitoring program and for the coordination of community-based drug abatement and mobilization efforts.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 20. 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 2005-2006 for a grant, pursuant to chapter 42F, Hawaii Revised Statutes, to the YMCA of Honolulu to maintain and enhance existing efforts at federally designated Weed and Seed sites and to assist new communities in obtaining federal designation as Weed and Seed sites. Federally designated Weed and Seed sites, not just those that receive federal funds, may be funded.

There shall be a steering committee for the Weed and Seed program. A representative from the department of the attorney general shall chair the steering committee. The steering committee shall advise the Weed and Seed program regarding the disbursement of funds.

The Weed and Seed program shall receive legislative appropriations only if an account is established for legislative appropriations, federal funds, and private contributions for the program.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 21. 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 2005-2006 for a grant, pursuant to chapter 42F, Hawaii Revised Statutes, to Maui Economic Opportunity, Inc., for the Being Empowered and Safe Together Reintegration program for staffing, equipment, and other operating expenses for the establishment and continuation of services to provide a supportive environment that assists former incarcerated individuals returning to the community to remain free from the influences, temptations, and dangers related to illegal drugs.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 22. New statutory material is underscored.

SECTION 23. This Act shall take effect on July 1, 2005.