SB883 SD1

Report Title:

Non-violent Drug Offenders; Treatment

 

Description:

Proposes constitutional amendment to require that non-violent first time drug offenders be sentenced to a drug treatment program rather than incarceration. (SD1)

THE SENATE	S.B. NO.	883
TWENTY-FIRST LEGISLATURE, 2001		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to public safety.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

SECTION 1. The purpose of this Act is to propose an amendment to Article XVI, of the Constitution of the State of Hawaii to require that first time non-violent drug offenders receive drug treatment rather than incarceraation.

SECTION 2. Article XVI of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"SENTENCE FOR FIRST TIME NON-VIOLENT DRUG OFFENDERS

Section 17. A person who is convicted of any drug offense for the first time and who is non-violent, as determined by the court and the nature of the crime, shall be sentenced to undergo and complete a drug treatment program rather than to incarceration."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall non-violent first time drug offenders be sentenced to undergo and complete a drug treatment rather than to incarceration?"

SECTION 4. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.