Bill Text: HI SB2148 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Probation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-22 - Referred to JDC. [SB2148 Detail]

Download: Hawaii-2018-SB2148-Introduced.html

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THE SENATE	S.B. NO.	2148
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to probation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Notwithstanding section 706-620(3), a person convicted for the first or second time for [any offense under section 329-43.5 involving the possession or use of drug paraphernalia or] any felony offense under part IV of chapter 712 involving the possession or use of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712‑1240, but not including any offense under part IV of chapter 712 involving the distribution or manufacture of any such drugs or substances and not including any methamphetamine offenses under sections 712‑1240.7, 712‑1240.8 as that section was in effect prior to July 1, 2016, 712-1241, and 712-1242, is eligible to be sentenced to probation under subsection (2) if the person meets the following criteria:

     (a)  The court has determined that the person is nonviolent after reviewing the person's criminal history, the factual circumstances of the offense for which the person is being sentenced, and any other relevant information;

     (b)  The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; and

     (c)  Except for those persons directed to substance abuse treatment under the supervision of the drug court, the person presents a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Judiciary Package; Probation; Drug Paraphernalia; Housekeeping Amendment

 

Description:

Makes housekeeping amendment to probation statute consistent with decriminalization of the offense of prohibited acts related to drug paraphernalia, section 329-43.5, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.