Lotu-Iiga Sam: Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill — Second ReadingText is incorporated into the Bound VolumeLotu-Iiga Sam: Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill — Second Reading[Sitting date: 20 October 2015. Volume:709;Page:7415. Text is incorporated into the Bound Volume.]Hon Peseta SAM LOTU-IIGA (Minister of Corrections): I move That the Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill be now read a second time. Fakalofa lahi atu Mr Assistant Speaker. The bill received its first reading in February of this year and was referred to the Law and Order Committee. I would like to thank the chairman of that committee Kanwaljit Singh Bakshi and the members of the committee for their consideration of this bill and for the sensible changes that have been recommended. This bill will enable the Department of Corrections and the police to require bailees and community-based offenders to undergo alcohol and drug testing to ensure compliance with their conditions—these conditions of course being the prohibition on the use of alcohol and drugs.These conditions are imposed by the courts as a condition of bail or a community-based sentence or by the Parole Board as a condition of release or an extended supervision order. They are imposed to reduce the risk of reoffending by that individual. Current legislation does not provide a clear authority for the Department of Corrections and the police to test offenders and bailees with these conditions for the prohibition of the use of alcohol or other drugs. The bill addresses this problem by creating a legislative mandate for the testing of these offenders and bailees. In practice resources will be focused on testing those people who pose the highest risk of causing serious harm if they are to use alcohol or drugs.The bill allows rules about testing methods and procedures to be made by the Chief Executive of the Department of Corrections and the Commissioner of Police. These rules will be guided by the principles that are set out in the bill—namely that testing should be no more intrusive than is reasonably necessary; secondly that testing should take place no more often than is reasonably necessary; and thirdly that those being tested are afforded as much privacy and dignity as is consistent with the purpose of that testing.It is well-known that drug and alcohol misuse is a major driver of crime. The ability to test offenders and bailees for alcohol and drug use will provide both the Department of Corrections and the police with a useful tool to counteract the harm that substance abuse plays in contributing to offending in our communities. Drug and alcohol testing will complement the significant effort that the department has put into increasing offenders’ access to drug and alcohol treatment. In recent years particular emphasis has been placed on improving access to programmes for remand and short-serving prisoners and the delivery by probation staff of brief interventions to offenders in the community.Successful interventions to address an offender’s substance abuse problems can make a significant difference in that person’s life and in that person’s family’s lives. I recently announced that the Department of Corrections will spend over $8.6 million over the next 3 years to develop and deliver a drug and alcohol post-release programme. We have a range of drug and alcohol treatment programmes available in prison but I think that we can do much more in the community to support released prisoners to leave substance abuse behind and live better lives free of crime. This new programme to promote rehabilitation along with drug and alcohol testing to promote compliance will work together to tackle drug and alcohol abuse in our communities and reduce reoffending.The Law and Order Committee has reported the bill back to the House with a number of improvements that will enhance the effectiveness of this regime and I would like to just briefly mention four of those significant amendments. First the bill now includes powers to test for psychoactive substances which as you know have been the scourge of society. Of police detainees who have experienced problems related to drug and alcohol use 8 percent attribute their substance abuse problems to synthetic cannabis use. Amending the bill to allow testing for psychoactive substances reflects the adverse effects that these products can have on users and on their relationship with their offending.Secondly the bill has also been amended to ensure that the Department of Corrections and police will be able to test those who had drug and alcohol conditions that were imposed before the bill was enacted and that are still in effect at the time of the enactment. This was previously unclear in the bill as introduced to the House and this amendment will help to enhance public safety by ensuring that this category of people can be tested.Thirdly a new part has been inserted into the bill to allow for the testing of people on protective supervision orders who have a condition prohibiting the use of alcohol and drugs. Protective supervision orders were introduced as part of the public protection order regime that was enacted into law in December of last year and this amendment will help to strengthen the compliance with that regime.Finally an amendment has been made in relation to the penalties for non-compliance with the testing regime in the bail context so the bill creates an offence of refusing entry to an authorised person for purposes relating to continuous monitoring equipment. This enables the deployment of technologies that provide for remote monitoring of alcohol use.The Law Society’s submission on the bill as introduced noted that the penalties for committing this particular offence were unduly harsh for bailees. The bill has subsequently been amended to treat this offence as a breach of bail conditions which is consistent with the existing approach to bail. The select committee has also made a number of other sensible and more minor technical amendments to the bill in response to submissions and advice from officials.To sum up breaking the cycle of substance abuse in crime is crucial to the good governance goal of reducing reoffending. This bill will make an important contribution towards this goal and as a consequence will enhance public safety and security. That is why I commend this bill to the House. Fakauelahi.