Authorizes the director to require an individual who has violated the terms and conditions of furlough involving controlled substances to undergo and complete a substances abuse treatment program. Appropriates funds to the department of public safety for substance abuse treatment programs.

A BILL FOR AN ACT

SECTION 1. Section 353-17, Hawaii Revised Statutes, is amended to read as follows:

"§353-17 Committed persons, furlough, employment. (a) The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility of the department for the purpose of employment, social reorientation, education, or training, or any other valid purpose as determined by the director. Special out-of-state furloughs may be granted to those already otherwise furloughed, at no cost to the State, when death or critical illness or injury to the committed person's immediate family including a reciprocal beneficiary, occurs. Any committed person who is engaged in private employment, by contract or otherwise, not under the immediate custody of the State shall not be considered an agent or employee of the State. Any moneys earned from employment by such person shall be used to satisfy a restitution order and to reimburse the State for the cost of room and board. If any earned moneys remain after these expenses have been paid, that amount shall be held in an individual account for the committed person.

When an inmate is granted a special out-of-state furlough, the director shall inform the authorities of the state to which the inmate is to be furloughed of the inmate's arrival.

(b) Full power to enforce the terms and conditions of furlough and to retake and reincarcerate a furloughed committed person is conferred upon the director or designated agent. The director or a designated agent, at any time, may issue a warrant authorizing the arrest and return to actual custody of any furloughed committed person for the purpose of ascertaining whether or not the terms and conditions of furlough have been violated so as to justify revoking the furlough and to retake and reincarcerate the furloughed committed person. The director, or a designated agent, may require a furloughed person to undergo and complete a substance abuse treatment program when the furloughed person has committed a violation of the terms and conditions of furlough involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the furloughed person fails to complete the substance abuse treatment program or the director, or a designated agent, determines that the furloughed person cannot benefit from any substance abuse treatment program, the furloughed person shall be subject to revocation of furlough and return to incarceration. The administrators of all of the correctional facilities of the State, the chief of police of each county, all police officers of the State, and all correctional facility officials shall execute any such warrant of arrest in like manner as an ordinary criminal process.

(c) Any furloughed committed person retaken and reincarcerated as provided in this chapter shall be confined according to the committed person's sentence for that portion of the committed person's term remaining unserved at the time of furlough, but subsequent furloughs, in the discretion of the director or designated agent, may be granted to a committed person during the life and in respect of sentence."

SECTION 2. 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 2006-2007, for substance abuse treatment programs.

SECTION 3. The sum appropriated shall be expended by the department of public safety for the purposes of this Act; provided that the funds shall be expended through requests for proposals from organizations that are qualified substance abuse treatment providers.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006.