HI HB2609

Changes Hawaii Revised Statutes Section 706-622.5(2) to mandate that eligible drug offenders "shall" be sentenced to probation with substance abuse treatment, replacing the previous discretionary "may" language.

Removes the requirement that courts determine whether offenders can benefit from treatment and whether incarceration is necessary to protect the public, instead automatically exempting those not subject to repeat offender sentencing from incarceration.

Allows courts to still impose supervision through drug court, require treatment completion deadlines, demand cost contributions from offenders, and mandate residence in secure drug treatment facilities as probation conditions.

Appropriates an unspecified amount from general revenues for fiscal year 2016-2017 to fund the substance abuse treatment program through the judiciary.

Effective date: July 1, 2016.