High court rules
on probationFirst-time drug offenders with
prior convictions for nondrug crimes
must serve prison terms
First-time drug offenders who have prior nondrug convictions are not entitled to probation under the terms of a 2002 state law, the Hawaii Supreme Court has ruled.
The drug reform law requires judges to sentence nonviolent offenders found guilty of possessing small amounts of drugs, including crystal methamphetamine, to probation and drug treatment. But the law conflicts with state sentencing laws that require mandatory prison terms for repeat offenders.
Some judges sentenced repeat offenders to probation and drug treatment under the new law while others imposed mandatory minimum prison terms in accordance with repeat offender sentencing laws.
The Honolulu prosecutor appealed seven cases to the state's high court in which judges granted probation to repeat offenders. The state public defender appealed three cases in which judges denied probation to repeat offenders.
The court published its opinion Friday in the case of Faye Smith, who was sentenced earlier this year to five years in prison with a mandatory minimum of six months after pleading guilty to third-degree promoting a dangerous drug and possession of drug paraphernalia. Smith has prior convictions for forgery and theft.
In its Friday decision, the Supreme Court upheld the sentence.
State House Judiciary Chairman Eric Hamakawa (D, South Hilo-Kurtistown) said it was the Legislature's intent to include repeat offenders in the new drug reform law, making them eligible for probation and drug treatment.
But after hearing from prosecutors and other state law enforcement officials, he said lawmakers may have to clarify portions of the law.