| 47 | | - | SECTION 1. The legislature finds that the use of alcohol and illicit substances by parolees is often rooted in the complex issue of addiction and not simply due to a deliberate choice to disregard the law or the terms of parole. Subjecting a parolee to arrest and potential revocation of community supervision is disruptive to the person's overall efforts and progress in leading a pro-social life and is also costly for the State. The State currently spends $253 per day, or $92,345 per year, to incarcerate just one person. Research shows that, in contrast, community-based services may be provided at a fraction of the cost of incarceration. The legislature believes that instead of expending funds to arrest a parolee who has tested positive for drug or alcohol use and holding a hearing on whether parole should be revoked based on the positive test, funds should be reinvested in employment, housing, social services, and community-based treatment programs that more effectively reduce recidivism. Accordingly, the purpose of this Act is to: (1) Provide that at any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; and (2) Prohibit the revocation or forfeiture of parole or arrest of a parolee solely due to the parolee having one positive test for drug or alcohol use. SECTION 2. Chapter 805, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§805- Substance abuse screening; treatment. At any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; provided that the substance abuse assessment and any necessary treatment be commenced within seven days of the order; provided further that nothing in this section shall be construed as precluding the court from ordering that the defendant undergo a substance abuse assessment and participate in treatment after trial or as part of any conviction that results therefrom." SECTION 3. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§806- Substance abuse screening; treatment. At any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; provided that the substance abuse assessment and any necessary treatment be commenced within seven days of the order; provided further that nothing in this section shall be construed as precluding the court from ordering that the defendant undergo a substance abuse assessment and participate in treatment after trial or as part of any conviction that results therefrom." SECTION 4. Section 353-66, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) No parole shall be revoked and no credits forfeited without cause, which [cause must] shall be stated in the order revoking the parole[,] or forfeiting the credits; provided that the revocation or forfeiture shall not be based solely upon the parolee having one positive test for alcohol or unprescribed or illegal drug use. A parole revocation hearing may take place after notice to the [paroled prisoner] parolee of the [paroled prisoner's] parolee's alleged offense and an opportunity to be heard; provided that [when] if a person is convicted in the State of a crime committed while on parole and is sentenced to imprisonment, or [when] if it is shown by personal investigation that a parolee has left the State without permission from the paroling authority and due effort is made to reach the parolee by registered mail directed to the parolee's last known address, no hearing shall be required to revoke the parolee's parole; [and] provided further that [when] if any duly licensed psychiatrist or licensed psychologist finds that continuance on parole will not be in the best interests of a parolee or the community, the paroling authority, within the limitations of the sentence imposed, shall order the detention and treatment of the [prisoner] committed person until [such time as] the [prisoner shall be] committed person is found by any duly licensed psychiatrist or licensed psychologist to be eligible for continuance on parole." 2. By amending subsection (d) to read: "(d) The paroling authority may at any time order the arrest and temporary return to custody of any [paroled prisoner,] parolee, as provided in section 353-65, for the purpose of ascertaining whether [or not] there is sufficient cause to warrant the [paroled prisoner's] parolee's reimprisonment or the revoking of the [paroled prisoner's] parolee's parole or other action provided for by this part[.]; provided that a parolee shall not be arrested under this subsection solely because the parolee has one positive test for drug or alcohol use." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on April 14, 2112. |
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| 47 | + | SECTION 1. The legislature finds that state laws relating to certain violations of community supervision have resulted in skyrocketing rates of incarceration and severe overcrowding in state correctional facilities. The legislature recognizes that the use of alcohol and illicit substances by parolees is often rooted in the complex issue of addiction and not simply due to a deliberate choice to disregard the law or the terms of parole. Subjecting a parolee to arrest and potential revocation of community supervision is disruptive to the person's overall efforts and progress in leading a pro-social life and is also costly for the State. The State currently spends $253 per day, or $92,345 per year, to incarcerate just one person. Research shows that, in contrast, community-based services may be provided at a fraction of the cost of incarceration. The legislature believes that instead of expending funds to arrest a parolee who has tested positive for drug use and holding a hearing on whether parole should be revoked based on the positive test, funds should be reinvested in employment, housing, social services, and community-based treatment programs that more effectively reduce recidivism. Accordingly, the purpose of this Act is to: (1) Provide that at any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; and (2) Prohibit the revocation of parole or arrest of a parolee solely due to the parolee having one positive test for drug use. SECTION 2. Chapter 805, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§805- Substance abuse screening; treatment. At any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; provided that nothing in this section shall be construed as precluding the court from ordering that the defendant undergo a substance abuse assessment and participate in treatment after trial or as part of any conviction that results therefrom." SECTION 3. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§806- Substance abuse screening; treatment. At any time before trial, the court may order the defendant to undergo a substance abuse assessment and participate in any necessary treatment; provided that nothing in this section shall be construed as precluding the court from ordering that the defendant undergo a substance abuse assessment and participate in treatment after trial or as part of any conviction that results therefrom." SECTION 4. Section 353-66, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) No parole shall be revoked and no credits forfeited without cause, which [cause must] shall be stated in the order revoking the parole[,] but shall not be based solely upon the parolee having one positive test for drug use, or in the order forfeiting the credits after notice to the [paroled prisoner] parolee of the [paroled prisoner's] parolee's alleged offense and an opportunity to be heard; provided that [when] if a person is convicted in the State of a crime committed while on parole and is sentenced to imprisonment, or [when] if it is shown by personal investigation that a parolee has left the State without permission from the paroling authority and due effort is made to reach the parolee by registered mail directed to the parolee's last known address, no hearing shall be required to revoke the parolee's parole; [and] provided further that [when] if any duly licensed psychiatrist or licensed psychologist finds that continuance on parole will not be in the best interests of a parolee or the community, the paroling authority, within the limitations of the sentence imposed, shall order the detention and treatment of the [prisoner] committed person until [such time as] the [prisoner shall be] committed person is found by any duly licensed psychiatrist or licensed psychologist to be eligible for continuance on parole." 2. By amending subsection (d) to read: "(d) The paroling authority may at any time order the arrest and temporary return to custody of any [paroled prisoner,] parolee, as provided in section 353-65, for the purpose of ascertaining whether [or not] there is sufficient cause to warrant the [paroled prisoner's] parolee's reimprisonment or the revoking of the [paroled prisoner's] parolee's parole or other action provided for by this part[.]; provided that a parolee shall not be arrested under this subsection solely because the parolee has one positive test for drug use." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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