AN ACT Relating to controlled substances; amending RCW 9.95.210; adding a new section to chapter 69.50 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:

(a) No person may use, or be under the influence of any controlled substance which is:

(1) Specified in RCW 69.50.204 (b), (c), or (e);

(2) Specified in RCW 69.50.204(d) (14), (16), or (21);

(3) Specified in RCW 69.50.206 (b) or (c);

(4) Specified in RCW 69.50.206(d) (1) or (2); or

(5) A narcotic drug classified in Schedule III, IV, or V.

(b) Any person convicted of violating subsection (a) of this section is guilty of a misdemeanor and shall be sentenced to serve a term of not less than ninety days nor more than one year in the county jail. The court may place a person convicted under subsection (a) of this section on probation for a period not to exceed five years and shall in all cases in which probation is granted require as a condition thereof that the person be confined in the county jail for at least ninety days. The court does not have the power to absolve a person who violates subsection (a) of this section from the obligation of spending at least ninety days in confinement in the county jail.

(c) No person may use, or be under the influence of, any controlled substance which is specified in RCW 69.50.204(d) (22), (23), or (24) or 69.50.206(e)(4).

(d) Any person convicted of violating subsection (c) of this section is guilty of a misdemeanor and shall be sentenced to serve a term of not less than thirty days nor more than one year in the county jail. The court may place a person convicted under subsection (c) of this section on probation for a period not to exceed five years and shall in all cases in which probation is granted require as a condition thereof that the person be confined in the county jail for at least thirty days. The court does not have the power to absolve a person who violates subsection (c) of this section from the obligation of spending at least thirty days in confinement in the county jail.

(e) Subsections (a) and (c) of this section do not apply if the controlled substance is administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It is the burden of the defense to show that it comes within the exception.

Sec. 2. Section 1, chapter 19, Laws of 1980 as last amended by section 1, chapter 46, Laws of 1984 and RCW 9.95.210 are each amended to read as follows:

Except as provided in section 1 of this 1987 act, in granting probation, the court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

In the order granting probation and as a condition thereof, the court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the court shall require the payment of the penalty assessment required by RCW 7.68.035. The court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (1) to comply with any order of the court for the payment of family support, (2) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, (3) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, and (4) to contribute to a county or interlocal drug fund, and may require bonds for the faithful observance of any and all conditions imposed in the probation. The court shall order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow implicitly the instructions of the secretary. If the probationer has been ordered to make restitution, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of his probation. For defendants found guilty in ((~~justice~~)) district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.