Senate considers ballot
measure on drug treatment

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By Crystal Kua
ckua@starbulletin.com

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?"

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