AN ACT Relating to drug testing for persons arrested for violent crimes; adding a new chapter to Title 10 RCW; creating a new section; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the link between drug use and violent crime poses a serious threat to the health and safety of Washington citizens and creates substantial problems for law enforcement. The legislature finds that individuals who are drug users and are incarcerated pose unique difficulties for jailers and prison administrators and threaten the health and safety of other inmates and incarceration officials. The legislature finds that recent drug use by violent offenders is an important factor to be considered in establishing terms and conditions for pretrial and posttrial release. The legislature further finds that the collection of statistical information further defining the connection between drug use and violent crime is in the public interest.

NEW SECTION. Sec. 2. This chapter authorizes a substance abuse testing program for persons arrested for violent crime in this state to accomplish the following essential purposes:

(1) To provide the state of Washington with current and reliable information for:

(a) Detecting drug epidemics;

(b) Planning and allocating law enforcement, treatment, and prevention resources;

(d) Providing state-wide estimates of the problem of illicit drug use in violent offenders;

(e) Tracking and forecasting state-wide drug use trends;

(2) To assist judges in making pretrial and posttrial release decisions by providing information concerning a suspect's recent drug use, risk of flight, and danger to the community;

(3) To provide information to prison and jail administrators in classifying individuals who, due to drug use, may be high risk individuals and to assist such administrators in developing institutional programs to deal with drug abuse;

(4) To gather a data base of statistical information to enable criminal justice decisionmakers to better determine appropriate sentences; and

(5) To protect the community from individuals who, due to drug use, may constitute a threat to health, safety, and property.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Violent offenses" means any of the following felonies, as now existing or hereafter amended: The felony defined under any law as a class A felony or an attempt to commit a class A felony; criminal solicitation of, or criminal conspiracy to commit a class A felony; manslaughter in the first degree; manslaughter in the second degree; indecent liberties if committed by forceful compulsion; rape in the second degree; kidnapping in the second degree; arson in the second degree; assault in the second degree; extortion in the first degree; robbery in the second degree; vehicular assault; and vehicular homicide, proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 or by the operation of any vehicle in a reckless manner.

(2) "Controlled substance" means a drug, substance, or immediate precursor which is defined as a controlled substance pursuant to RCW 69.50.101(d).

(3) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and the chief officers of other law enforcement agencies operating within the state.

NEW SECTION. Sec. 4. (1) Before any individual arrested for committing a violent felony may be considered for release, that individual shall submit a urine sample for testing to determine the presence or use of a controlled substance.

(2) The chief law enforcement officer of the jurisdiction where the arrested individual is incarcerated shall be responsible for securing the urine sample, conducting appropriate tests to detect controlled substances, and forwarding test results to the Washington state patrol's section on identification and criminal history and to the court which will be making bail determination regarding the arrested individual.

(3) The chief law enforcement officer, or the officer's designee, shall report the following information to the court making the bail determination and to the Washington state patrol section on identification of criminal history:

(a) The arrested individual's name, date of birth, and Washington state crime identification number;

(b) The date of arrest;

(d) The date tested; and

(e) The results of all tests.

(4) In determining appropriate conditions and terms of release, the court may consider the results of any test taken pursuant to this chapter and based upon the test, may require the accused, while incarcerated or on release to report for periodic testing to determine the presence of controlled substances, to participate in a substance abuse treatment program, or to participate in any other program or activity designed to monitor or reduce drug use or dependency as the court deems necessary to protect the public, other inmates, law enforcement or incarceration officials.

(5) The failure of the accused to comply with a court-ordered condition or term of release requiring regular substance screening or participation in a substance abuse treatment program or other programs and activities constitutes a sufficient basis for the court to revoke bail and require incarceration.

(6) Jail and prison administrators may consider the result of the tests required by this chapter in determining placement within inmate populations, giving due regard to the health and safety of inmates and incarceration officials, and in determining participation in drug abuse or education, prevention, and care programs.

(7) The Washington state patrol section identification and criminal history shall compile statistical information from the reports acquired under this chapter. Statistical information may address the correlation between committing particular offenses and testing positive for illegal substances, and such other issues that the patrol deems necessary to further legitimate law enforcement purposes. The statistical information provided by this section shall be made available to all law enforcement agencies and may be used for legitimate law enforcement purposes.

(8) The immuno-assay testing methodology that is generally accepted as reliable by the scientific community and proscribed by the Washington state toxicologist shall be used. The testing method shall be able to detect the presence of amphetamines, barbiturates, cocaine, and opiates.

NEW SECTION. Sec. 5. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated from the general fund to .......... for the biennium ending June 30, 1991, to carry out the purposes of this act.

NEW SECTION. Sec. 6. Sections 2 through 4 of this at shall constitute a new chapter in Title 10 RCW.

NEW SECTION. Sec. 7. This act shall take effect January 1, 1990.