Major ice-fighting measure meets wide-ranging criticism

By Lynda Arakawa
Advertiser Capitol Bureau

A bill Democrats touted as a critical step in battling the state's crystal methamphetamine crisis may be in trouble, with some officials and advocates raising strong concerns about the measure.

Lawmakers sent the package to Gov. Linda Lingle more than a week ago, and Lingle has until the end of the week to veto or accept it.

There appears to be widespread, bipartisan support for the second bill in the package, which appropriates about $14.7 million for drug treatment, prevention and other programs. But the omnibus bill, House Bill 2003, is more controversial. Lingle has said she is still reviewing it, but criticism may push her to veto it.

The 71-page omnibus measure has drawn mixed reviews from oftentimes opposing interests. Law enforcement officials say it weakens laws against repeat offenders and does little to tackle the ice problem.

The state public defender's office and drug treatment advocates say it creates criminal laws that are too harsh and backtracks from a 2-year-old law that mandates treatment rather than prison for first-time nonviolent drug offenders.

"It's not my favorite bill," said treatment advocate Kat Brady of the Community Alliance on Prisons, who called the measure a mixed bag. "I think there are scary parts of that bill."

House Bill 2003 has a laundry list of provisions, and Lingle has to accept all or none of them. The more controversial surround new criminal offenses and sentencing procedures, and a provision allowing drug rehabilitation homes in residential areas.

Some aspects backed

Provisions that have more support include requiring health insurers to provide the same level of benefits for substance abuse as for other medical conditions, and providing treatment for students caught with drugs rather than suspending them.

State Public Defender John Tonaki and Brady said there are positive aspects of the bill, such as eliminating mandatory minimum prison terms for possessing ice and changing the state Department of Education's zero-tolerance policy on drugs.

But they have concerns about new offenses that increase prison terms, such as manufacturing ice with a child present, which adds two years. That is not consistent with the current sentencing scheme and sets bad policy, Tonaki said.

Critics also oppose provisions that set rigid, sometimes tougher penalties for distributing crystal meth and related offenses.

Both Tonaki and Brady said they were disappointed in the change to Act 161, the 2002 law that requires treatment rather than incarceration for first-time, nonviolent drug offenders. The omnibus bill changes the wording to allow, rather than mandate, that judges give the offenders probation and treatment.

Tonaki also pointed to a provision requiring offenders to identify a source of payment for treatment in order to be eligible for probation under Act 161. Because of the limited number of publicly funded programs, that provision could discriminate against people who don't have insurance or can't afford to pay for treatment, he said.

Even Honolulu Prosecutor Peter Carlisle was critical of the bill.

"I would say generally it's pretty much a preservation of the status quo, with a few baby steps forward and one large leap backwards," he said.

He cited a provision that would allow judges to give first-time nonviolent drug offenders probation and treatment even if they have prior nondrug convictions. Carlisle said that would continue to give certain offenders too many chances to avoid prison.

He supported addition of the offense of manufacturing meth in the presence of a child, but noted there have been relatively few such cases.

Another contentious issue is a provision allowing state-licensed drug rehabilitation homes for up to 10 people in residentially zoned areas. A public hearing would be required first, but the homes would not require a city permit.

Funding supported

The funding portion of the ice package, House Bill 2004, has much wider support. Community leaders, advocates and others have said money for prevention and treatment programs has been desperately needed for years. While the $14.7 million appropriation is less than the $21.6 million recommended by the task force, advocates say it will still make a significant impact.

Officials representing Lingle's administration have said the appropriations in the bill are not in the administration's priorities, although she recognizes the importance of prevention and treatment programs.

Advocates have urged Lingle to support the funding, and a veto could be politically difficult in an atmosphere of wide support.

"It's a comprehensive package — prevention, education, treatment," said Kahalu'u United Methodist Church pastor and former Democratic state lawmaker Bob Nakata. He helped organize community efforts in Kahalu'u and closely monitored the appropriations measure.

"They're all in there, and basically with significant amounts of funding," he said.

Reid Tamashiro, who works in Wai'anae, where he helped organize anti-drug campaigns, said expanding such programs is critical for the community.

"I think that (the package) may not please everyone, but I think it addresses largely the issues that are really significant, and that is trying to get more prevention and treatment but also ... trying to deal with the problem from various avenues," he said.

"Law enforcement is certainly an important component, but prevention and treatment — ideally we want to strengthen those areas, too, to deal with the problem."

Treatment focus

Under the appropriations bill, the state Department of Health would receive an additional $9.5 million, most of which would go toward prevention and treatment services. The department currently spends about $18 million in state and federal money on such programs.

The new money would expand substance-abuse treatment services to roughly 1,500 more adolescents and 680 more adults, said department spokeswoman Janice Okubo. The money earmarked for prevention programs would ensure the continuation of 13 community programs that will see their federal grant expire this year, she said.

The state judicial system would receive an additional $3.17 million, largely to expand its Drug Court program. The money also goes to create a senior Family Court judge position for Maui County to oversee a new Family Drug Court program, among other responsibilities.

It also would create a Big Island Circuit Court judge position to handle primarily adult and juvenile Drug Court programs, said judiciary spokeswoman Marsha Kitagawa.

Money is earmarked to expand the Drug Court program statewide and provide more drug treatment for first-time nonviolent drug offenders.

The state Department of Public Safety would receive $350,000, most of it for expanding its treatment program for inmates and its canine drug-interdiction program.

Every county would receive at least $200,000 for grants to community prevention and grass-roots anti-drug programs, enabling them to meet community groups halfway, said Billy Kenoi, executive assistant to Big Island Mayor Harry Kim and the point person in Kim's war on ice.

"You cannot tell the community, come out, be proactive, come to the meetings, do the sign-waving, get involved, and then not provide them any resources to continue that kind of activity," Kenoi said.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.