FINAL BILL REPORT

SB 5040

                              C 124 L 89

BYSenators Pullen, Talmadge, Niemi, Nelson, Thorsness, McCaslin, Madsen, Lee and Rasmussen; by request of Department of Corrections

Changing the elements of the crime of introducing contraband in the first degree.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

There is evidence that illegal drug use and trafficking within Washington State's correctional institutions are increasing.  Control of the drug market provides one of the strongest power bases to inmates that is available within the prison.

The severity and consequence of illegal drug use and traffic are magnified in the prison setting.  An inmate under the influence of drugs has a higher potential for violence or involvement in an illegal activity.  A large number of assaults and murders within the prisons are caused by inmates under the influence of drugs, or are connected to drug traffic or the control of drug traffic.

Prison officials have suggested that current penalties are not stringent enough to discourage the flow of controlled substances into correctional facilities.

SUMMARY:

If a violation of the Uniform Controlled Substances Act or an anticipatory offense to commit a violation of that act occurs in a county jail or state correctional facility, the sentence of the offender or accomplice is enhanced.

An additional 18 months is added for the unlawful manufacture, delivery or possession with intent to manufacture or deliver a controlled substance which is a narcotic drug classified in Schedule I or II.

Fifteen months is added for the unlawful manufacture, delivery or possession with intent to manufacture or deliver a non-narcotic controlled substance classified in Schedule I or II or III or a substance classified in Schedule IV or V.

Twelve months is added to sentences of those offenders who unlawfully possess a controlled substance.

For purposes of the enhanced sentences, all of the real property of a state correctional facility or county jail is deemed to be part of that facility or county jail.

VOTES ON FINAL PASSAGE:

     Senate   46    1

     House 97  0

EFFECTIVE:July 23, 1989