SENATE CONSIDERS BALLOT MEASURE ON DRUG TREATMENT

The Senate Judiciary Committee approved a proposed constitutional amendment
that would mandate drug treatment for first-time nonviolent drug offenders.

Senate Bill 883 , now headed to the Senate floor, gained approval even
though no one testified in favor of it.

But Judiciary Chairman Brian Kanno (D, Makakilo) said the measure is
intended to let the public weigh in on the issue.

"I just felt that a realistic way for us to make a major structural shift in
the way we handle our prison population and drug offenders would be to
involve the public in voicing their support for a move like this," Kanno
said.

If the measure passes two-thirds of both chambers, the proposal would be put
on the November ballot for voters to decide.

Sens. Carol Fukunaga (D, Makiki) and Les Ihara (D, Kapahulu) both voted
against the measure, raising concerns that the measure was given a hearing
at the last minute with little public notice.

"If our goal is to encourage public discussion and debate, then it would be
appropriate to then give them more notice to be able to have people comment
on it and to actually solicit a much broader community dialogue," Fukunaga
said.

The Department of Public Safety, the American Civil Liberties Union and the
Community Alliance on Prisons were among the groups testifying against the
measure.

While supporting treatment for nonviolent drug offenders, critics of the
proposal say the constitutional amendment process is not the proper way to
address the issue. Changing the penal code is preferable, they say.

The ACLU and the Community Alliance on Prisons said they would prefer that
the Legislature support Senate Bill 1188 , which has been stuck in
conference committee from last session. SB 1188 is a 25-page bill that deals
with alternatives to incarceration.

Kanno said that he cannot support the bill without hearing from the members
of the public on how they feel on issues such as changing mandatory minimum
prison terms for offenses involving crystal methamphetamine, known as "ice."
The bill deletes a mandatory term for ice possession, but keeps it in place
for ice distribution.

"There is a broad community concern about ice," Kanno said. "Does the public
feel that treating drug offenders is a priority over incarcerating those who
commit offenses?"