New law expected to aid war on 'ice'

By Gordon Y.K. Pang
Advertiser Capital Bureau

Lawmakers and law enforcement officials are hopeful that a newly established drug nuisance abatement unit inside the attorney general's office will be able to shift the state's war on crystal methamphetamine into high gear.

House Bill 297 calls for the team to be in place by July 1 and provides $100,000 this year and next to help with startup costs. The attorney general's office also was given authority to tap the criminal forfeiture fund to help meet the needs of the unit.

State Rep. Bob Herkes, D-5th (Ka'u, S. Kona), who spearheaded the bill, said the unit will concentrate on using the nuisance abatement law.

The state nuisance abatement law initially applied to other vices such as prostitution and cockfighting but was expanded in 1990 to include drug offenses. It is sometimes seen as more effective than criminal proceedings because of a lesser burden of proof. Under the law, neighbors and landlords, not just authorities, can seek a civil court order demanding that the "nuisance" be abated through a variety of means.

Honolulu Police Narcotics/Vice Capt. Kevin Lima said that one recourse under the law is a "geographical restriction" barring a person from being on a property or even a portion of the island. In extreme cases, a court could order that a building be shut down for up to year. A landowner would have to be properly compensated for such a closure.

The city prosecutor's office did not immediately have figures on how often the nuisance abatement law has been used to combat drugs.

Herkes said obtaining the civil court order is "relatively simple."

"Cars are coming in day and night, we don't care what you're doing. But we're going to target what we believe are drug houses," he said.

Higher level of involvement

Herkes said it is time for someone at the level of the attorney general to get involved.

"We wanted to do a unit assigned to the attorney general that does nothing but this," he said. "In rural communities that I represent as well as others, the communities have lost confidence in the police to deal with the issue."

First Deputy Attorney General Rick Bissen said the new unit "will not be starting from scratch" because law enforcement officials already can use nuisance abatement laws in their war on ice.

Bissen said the plan initially calls for a deputy attorney general and an investigator but that exactly how the unit will operate has not been finalized.

The team will focus on "offering coordination and support" to the county police departments as well federal enforcement officers.

"We're going to use more of a multi-agency approach," he said, adding that community groups also are expected to play a role. "We'll try to be a coordinator."

Bissen acknowledged that there may be some overlap with local police, but stressed that "the more important thing is that things don't fall through the cracks."

The bill makes no mention of the unit seizing property, although several elected officials have insinuated that the threat of forfeiture will be a key component for the new team. Herkes said he believes the fact that the unit can gain additional money through the forfeiture fund "gives them incentive to go get these forfeitures."

Some property owners are worried that they could lose their property if drug users are living on their land and landlords do not take action.

McCully resident Robert Vaughan said he doesn't think it is right to put the onus on a landlord to force out a tenant.

"That's why you have the police; that's what they're trained for," Vaughan said. "Landowners aren't equipped for this."

Benefits of law cited

Jane Sugimura, an attorney who represents various landowners, said existing laws allow authorities to initiate forfeiture action against a property owner and that the new law may end up being a good thing.

Sugimura said that her clients often are faced with the challenge of gathering proof about suspected drug activity.

Landlords and property management companies also need to worry about reprisals from tenants, or those removed as tenants, she said.

The new law, if done properly, may make it easier for landowners to show proof that they've made an honest effort to rid of the problem.

Bissen said that holding the threat of forfeiture over landowners' heads is not a major thrust of what the unit will be doing.

"We hope that the landlords will take action, we hope that the landlords will simply be more responsible with their tenants."

The state would not seize a property until "after appropriate warnings and court orders."

Laws against excessive forfeiture ensure that taking of property cannot be grossly disproportionate to either the nature or severity of the owner's conduct.

The city prosecutors' office also indicated that it is more likely to use drug nuisance abatement laws in its fight against ice.

City Deputy Prosecutor Cecelia Chang said that for the past three years, prosecutors have been obtaining court orders banning drug-users and dealers from various properties, neighborhoods and geographical districts.

"This allows the homeowner the time and safety needed to find a long-term solution without taking the property."

Herkes says that even when state or city attorneys attempt to seize property, it won't be that easy.

"If the landlord is informed and does nothing, then they're at risk," he said. "But if they're informed, they take action to evict, then they're OK."

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or 525-8070