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The Honolulu Advertiser

Posted on: Tuesday, April 27, 2004

EDITORIAL
Ice omnibus bill can't be all things to all folks

The good news for the war against crystal methamphetamine is that a bill appropriating $14.7 million for drug treatment and prevention programs has cleared all the hurdles to the governor's desk.

This money is sorely needed.

The accompanying omnibus bill, however, in an effort to be all things to all people, had drawn the ire of both prosecutors and public defenders.

If we were being Pollyanna-ish, we'd say the bill must have struck the right balance among civil rights, public health and criminal justice concerns. For example, State Public Defender John Tonaki is disappointed that rather than requiring mandatory probation, it would be up to judges to decide whether first-time nonviolent drug offenders would get probation and treatment rather than incarceration.

Meanwhile, Honolulu Prosecutor Peter Carlisle objects to the same provision because it would allow judges to give those same offenders treatment even if they have prior non-drug convictions. They'll probably never agree.

That said, it's also entirely possible that House Bill 2003 isn't ready for prime time. Instead of being a mixed bag with lots to like and lots to hate, perhaps the measure could be a more focused effort that takes one predominant approach or philosophy.

New laws created to win this all-important battle with drugs must make sense, because if both sides of the criminal justice system don't buy into them, we're looking at sure defeat.