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The Honolulu Advertiser
Posted on: Sunday, August 21, 2005

Aiona to push his plan again

 •  Hawai'i war on ice 'on the right track'
 •  No consensus found in law enforcement

By Derrick DePledge
Advertiser Capitol Bureau

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Lt. Gov. James "Duke" Aiona's drug-control plan, which concentrated on prevention and tougher law enforcement, stumbled this year at the state Legislature, which decided to continue to invest in treatment to respond to the threat of crystal methamphetamine, or "ice."

The plan, released in January after 16 months of preparation, failed to impress leading Democrats and was never fully embraced by the dozens of experts and activists Aiona had brought together for advice. Gov. Linda Lingle also chose to publicly focus on other issues during the session, such as affordable housing and tax relief.

With no real coordinated pressure from the administration and the treatment community, lawmakers largely ignored the plan, preferring to extend some of the $14.7 million in new treatment money the Legislature had granted in 2004 but was about to lapse.

Legislators approved more than $7 million in additional treatment money this fiscal year and $12 million next year, which will pay for drug courts, more residential treatment for adults and teenagers as well as treatment programs in high schools and middle schools. The money also will go to community based prevention programs and treatment for first-time, non-violent drug offenders.

The administration had wanted to keep only $3 million of the $14.7 million in new treatment money in the budget. The state typically spends about $19.8 million annually on substance abuse treatment, not including the new money.

Aiona, a former judge who has made drug-abuse prevention his mission as lieutenant governor, said he wants to resurrect his plan next session. But some Democrats are asking for a new approach to a problem that all agree poses a danger to the Islands.

"I'm staying with it. I haven't left it," Aiona said. "And we're going to hit on the points that we need to hit on, which is, again, prevention and education. We need to educate everybody, especially our young people, on the dangers of illicit drugs and underage drinking."

Legislators did approve three of Aiona's recommendations in some form, making it easier for police to shut down drug houses, repealing a law that allowed new drug rehabilitation facilities to be opened without public or county input, and placing new restrictions on the sale of pseudoephedrine, an over-the-counter medicine that can be used to make ice.

But the main enforcement recommendations of Aiona's plan — including broader electronic surveillance and mandatory prison sentences for habitually violent or repeat drug offenders — did not advance. The Legislature had previously rejected identical proposals from the administration, which led some legislators to view the plan as stale and predictable.

"It seemed like his so-called drug package was kind of a mish-mash," said state Rep. Sylvia Luke, D-26th (Punchbowl, Pacific Heights, Nu'uanu Valley), the chairwoman of the House Judiciary Committee. "It was not only underwhelming. It was disappointing."

Democrats were frustrated that much of the treatment money they had approved last year was held up by the administration for as long as six months, which may have been a factor in the hostile reception Aiona's plan received.

State Rep. Lynn Finnegan, R-32nd ('Aliamanu, Airport, Mapunapuna), the new Republican leader in the House, said Republicans should have been more assertive in promoting Aiona's plan. But she believes that the lieutenant governor's message is being heard in the community, if not entirely accepted by lawmakers and treatment providers.

"There are some political realities we have to deal with," Finnegan said. "But I think we've come a really long way. We have to be very thoughtful about how we spend our money."

While differences over treatment likely will continue, Democrats have said they would look at expanding electronic surveillance next session so wiretaps could be used in more state drug cases without eroding privacy rights or civil liberties. Republican lawmakers and law enforcement officials have for years asked the Legislature for expanded state wiretap powers, in part so the state could use evidence collected through federal wiretaps.

"Our law enforcement agencies are crippled by the Democrats continuing to favor the rights of criminals over the protection of society," said state Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai). "I don't know how else to say it.

"By continuing to block electronic surveillance laws that conform with federal laws, the Democrats have turned the war on ice into the ice-capades."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.