STAND

 

STAND. COM. REP. NO.19

Honolulu, Hawaii

, 2003

RE: S.B. No. 729

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 729 entitled:

"A BILL FOR AN ACT RELATING TO THE DRUG COURT PROGRAM,"

begs leave to report as follows:

The purpose of this measure is to appropriate an unspecified sum for the expansion of the drug court program in the State of Hawaii.

On behalf of the State Judiciary, your Committee received testimony in support of this measure from the Administrative Director of the Courts, the First Judicial Circuit Presiding Drug Court Judge, the Chief Judge of the Second Judicial Circuit, the Chief Judge of the Third Judicial Circuit, and the Chief Judge of the Fifth Judicial Circuit. The Community Alliance on Prisons and the ACLU also testified in support of the bill.

Your Committee finds that the drug court program was the first program to provide substance abuse treatment in lieu of incarceration to qualifying defendants with substance abuse problems. Since inception, the Oahu drug court program has graduated 454 defendants from the program. Out of the 454, 65 graduates were rearrested, and of those 65, 16 were convicted. Oahu's nonrecidivism rate of 81 percent is one of the highest nonrecidivism rates in the country. One reason may be because of the length of time spent in treatment. Studies indicate that an effective cognitive restructuring drug treatment program must be at least 90 days in length. On average, defendants spend 18 months in Hawaii's cognitive restructuring drug court programs.

Your Committee further finds that many defendants are dual diagnosed as substance abusers and persons needing mental health services. These clients are the most likely to end up as criminal recidivists. Additionally, your Committee notes that of the defendants in drug court, 76 percent on Oahu and 80 percent on Maui are known methamphetamine users. Reportedly, methamphetamine users exhibit acute symptoms of drug-induced psychosis, paranoid thoughts, hyperactivity, hypervigilance, and intensified drug-seeking and risk-taking behavior.

Your Committee recognizes that each judicial circuit has a unique defendant population with varying needs. Your Committee believes that each judicial circuit should be given the resources to adequately address their population's needs.

Your Committee notes a suggestion from the senator from the 23^rd senatorial district that a drug court pilot project for district court defendants be established in the new Kaneohe courthouse.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 729 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair