Pubdate: Fri, 22 Aug 2003
Source: West Hawaii Today (HI)
Contact:  2003 West Hawaii Today
Website: http://westhawaiitoday.com/
Details: http://www.mapinc.org/media/644
Author: Karen Iwamoto, West Hawaii Today
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Note: To read about the "ice epidemic" in Hawaii, go to
http://www.mapinc.org/areas/Hawaii .

NEW TASK FORCE COULD EVICT DRUG DEALERS, USERS 

The state Legislature authorized Thursday a new statewide task force to
investigate reports of drug activity on residential and commercial properties.

The Drug Nuisance Abatement Unit - made up of two lawyers and two investigators
within the Attorney General's office - will be authorized to bring civil
nuisance proceedings against those suspected of using or selling drugs in local
neighborhoods. 

Rep. Scott Saiki (D - McCully - Moiliili), who crafted the legislation, said
the civil nuisance proceedings could result in eviction for such offenders.

However, he said the legislation does not address the criminal aspect of drug
activity. In other words, evicting a person suspected of drug activity does not
guarantee that person will be convicted of a drug offense nor does it prevent
that person from moving to another neighborhood. 

"I would imagine that this goes hand in hand with criminal prosecution," Saiki
said. "If they can evict someone because of drug activity I would assume the
police could then bring criminal charges." 

However, he said he wasn't sure to what extent the Attorney General's Office
was working with local police departments to bring criminal charges against
those evicted because of drug activities. 

Kurt Spohn, a state deputy district attorney and part of the Drug Nuisance
Abatement Unit, said the legislation is a temporary solution at best and the
task force will work closely with local police.

"Nuisance abatement is a good idea and will supplement law enforcement very
well," Spohn said. "But the most important entity is still law enforcement."

Under current state law, oftentimes non - violent first time drug offenders do
not receive any jail time and return to their homes where they continue their
illegal activity, he said. 

However, if the police have gathered enough evidence to convict someone of drug
activity that person can probably be evicted from his home under the nuisance
abatement laws even if he does not receive jail time, he said. The purpose of
the legislation is to enhance law enforcement efforts, he added.

He also pointed out that while eviction could force drug activity into other
neighborhoods, it may also make drug dealers and users more nervous about
continuing illegal activities.

The legislation also gives landlords who have ignored previous reports of drug
activity on their properties an incentive to take action, he said.

"I would say about 99 percent of the landlords out there are responsible,"
Spohn said. "A small minority of landlords only care about the rent money.
Under those circumstances the nuisance abatement laws allow the prosecuting
attorney or the attorney general's office to bring suit to abate the nuisance."

Those who would like to report suspected drug use in their neighborhoods can
contact the Drug Nuisance Abatement Unit at (800) 9NO - METH (1 - 800 - 966 -
6384) or fax the unit at (808) 586 - 1371.

The Big Island Police Department has a separate hotline for drug tips. Those
numbers are: 329 - 0ICE (329 - 0423) and 934 - VICE (934 - 8423).

While the Drug Nuisance Abatement Unit's objective civil nuisance proceedings
and the police are focused on criminal prosecution, the two agencies will work
closely with one another and share information, Spohn said. The public can
contact either agency to report drug related activity.
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