SENATE BILL REPORT

ESB 5040

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

Senate Hearing Date(s):January 11, 1989; January 18, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  March 7, 1989

AS PASSED SENATE, MARCH 3, 1989

BACKGROUND:

There is evidence that illegal drug use and trafficking within Washington State's correctional institutions is 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 is 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 eighteen 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, unless the substance was obtained pursuant to a valid prescription.

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Jim Blodgett, Department of Corrections (pro); Joe Lehman, Department of Corrections (pro); Roxanne Park, Sentencing Guidelines Commission