(a) Any inmate who has been convicted of more than one offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to undergo an assessment if:
Terms Used In Hawaii Revised Statutes 353G-4
Assessment: means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client's progress. See Hawaii Revised Statutes 353G-2
Conviction: A judgement of guilt against a criminal defendant.
Dependent: A person dependent for support upon another.
Drug or alcohol dependent: means in a state of physical or psychological dependence, or both, arising from the use of a controlled substance or alcohol on a continuous basis that is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the controlled substance or alcohol on a recurring basis, regardless of consequence, in order to experience its psychotropic effects or to avoid the discomfort of its absence. See Hawaii Revised Statutes 353G-2
drug test: means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. See Hawaii Revised Statutes 353G-2
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) The inmate refuses to undergo a drug test required under section 353G-3;(2) The results of the drug test conducted pursuant to section 353G-3 reveal the presence of a controlled substance, for which the inmate has no lawful prescription, or reveals alcohol abuse or dependency;(3) The inmate requests an assessment;(4) The inmate admits to the unlawful use of a controlled substance within the year preceding the conviction for the present charge or admits to alcohol abuse or alcoholism;(5) The inmate has been granted a conditional discharge within the past five years pursuant to section 712-1255 or any similar or predecessor law of this State, any other state, or federal law;(6) The inmate has been sentenced within the past five years to probation or treatment during incarceration pursuant to this chapter or any similar or predecessor law of this State, any other state, or federal law; or(7) The present or pending charge involved the use or possession of a controlled substance or alcohol.(b) Notwithstanding the requirements of subsection (a), the department of corrections and rehabilitation or the agency responsible for monitoring a person’s compliance with the terms and conditions of parole or other release from a correctional center or facility may order the person to undergo an assessment if the department or agency has reason to believe that the person is drug or alcohol dependent or would otherwise benefit from an assessment.(c) An inmate confined in a state correctional center or facility shall undergo an unannounced prerelease assessment before receiving a grant of parole or other release from the correctional center or facility if:
(1) The inmate at any time was ordered to undergo an assessment pursuant to this chapter;(2) The inmate would have been statutorily required to undergo an assessment pursuant to this chapter had this chapter been in effect at the time the inmate was convicted for the offense for which the inmate presently is serving a term of incarceration;(3) The inmate at any time during the inmate’s incarceration committed an institutional infraction or violation that involved the use or possession of a controlled substance or alcohol; or(4) The department of corrections and rehabilitation or the agency responsible for monitoring the inmate’s compliance with the terms and conditions of parole or other release from a correctional center or facility has reason to believe that the inmate is drug or alcohol dependent or would otherwise benefit from substance abuse or addiction treatment or related support services.(d) An assessment required pursuant to subsection (c) shall occur within sixty days of the inmate’s scheduled parole or other release from a correctional center or facility.(e) Any assessment under this chapter shall be conducted by a substance abuse professional certified pursuant to section 321-193 or an assessment program in accordance with the standards, procedures, and alcohol and other drug diagnostic criteria designated or established by the department of health to determine whether and to what extent a person is drug or alcohol dependent and to provide the most cost-beneficial use of available resources.
