HOUSE BILL REPORT

HB 1393

BYRepresentatives Grant, Baugher, Rayburn, Rector, Prentice, Raiter, Braddock, Brooks, Sprenkle, Dorn, Cantwell, Locke, O'Brien, Kremen, Heavey, Doty, Patrick, Beck, Winsley, Silver, Brough, Fuhrman, Nealey, Wolfe, Schoon, Miller, K. Wilson, Brumsickle, Basich, Sayan, Morris, Wineberry, R. King, Horn, Valle, Pruitt, Cooper, Crane, Ballard, Jesernig, Todd, Leonard and Rasmussen;by request of Department of Corrections

Creating a sentencing grid for controlled substance violations within correctional facilities.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Morris, Prentice, D. Sommers, Sprenkle, Vekich and Wolfe.

House Staff:Antonio Sanchez (786-7383)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 13, 1989

BACKGROUND:

Evidence of illegal drug use and trafficking continues to escalate within Washington State's correctional facilities.  Many, if not most, serious assaults and murders within correctional facilities can be directly attributed to inmates under the influence of drugs, or linked to drug traffic or the control of drug traffic.

Current penalties are not stringent enough to discourage the continued flow of drugs and other controlled substances into correctional facilities from outside visitors.

SUMMARY:

SUBSTITUTE BILL:  The substitute provides for the enhancement of penalties associated with the possession and distribution of controlled substances within a state correctional facility or county jail.  Enhanced penalties of 12 months to 18 months will be given to those who violate the existing conditions regarding the delivery or possession of a controlled substance. Distinction will be made between schedule I and II, narcotic drugs and any other controlled substances as listed in Schedule I, II, III, IV, and V.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Technical amendments clarified the distinctions of what property boundaries would be defined as Washington state's correctional facilities.

Fiscal Note:      Requested February 1, 1989.

House Committee ‑ Testified For:    Jim Blodgett, Department of Corrections.

House Committee - Testified Against:      Roxanne Park, Sentencing Commission.

House Committee - Testimony For:    Increased penalties will reduce inmate assaults and violence.

House Committee - Testimony Against:      Changes in the Sentencing Reform Act (SRA) will create further problems with prison over-crowding and upset the original balance of sentencing established in the SRA.