Hawaii's New Drug Law Raises Questions October 2, 2002
News Summary
Hawaii's new law for first-time drug offenders left a judge tying to determine whether the first person to qualify under the new law should receive a mandatory prison sentence or probation with mandatory drug treatment, the Maui News reported Sept. 26.Philip Acang, 30, was charged with multiple counts of drug possession, among them possession of crystal methamphetamine.
During Acang's hearing, Second Circuit Judge Joseph Cardoza instructed Maui Deputy Prosecutor Kevin Jenkins to file a motion for a mandatory prison term.
But Deputy Public Defender Wendy Hudson argued that the law mandating a prison term for Acang as a repeat offender does not apply based on the new law, Act 161.
Under Act 161, which took effect July 1, 2002, first-time drug offenders can be placed on probation with no jail as long as they agree to undergo drug treatment.
In September 2000, Acang pleaded no contest to several drug offenses connected to three separate criminal cases. In addition, Acang was convicted in 1992 of second-degree robbery, which counts as a prior felony conviction in determining whether he is a repeat offender.
Although Act 161 does not apply to individuals who have been convicted of a violent crime within the previous five years, or convicted of distributing or manufacturing illegal drugs, it does not address sentencing under other laws. Hudson argued that since the new law doesn't provide an exception, the legislature's intent was to include repeat offenders within the terms of the new law.
"The intent was to include repeat offenders as an alternative to sentencing for people with drug addictions," she said. "The spirit of the law is to help people who are addicted."
A hearing on the issue is scheduled for Oct. 14.
COMMENTS ON THIS ARTICLE: