HOUSE 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.

House Committe on Judiciary

Majority Report:  Do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Appropriations

Majority Report:  Do pass.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Bristow, Brough, Dorn, Doty, Ebersole, Ferguson, Hine, Holland, May, McLean, Nealey, Padden, Peery, Rust, Spanel, Sprenkle, Valle and Wang.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

There are a number of criminal statutes that prohibit the use, possession or sale of controlled substances.  Some of these statutes apply specifically to persons within jails or prisons.

Possession of a controlled substance on the premises of a state correctional institution is a class C felony. This crime applies to prisoners and non-prisoners alike.  It is also a class C felony for any prisoner to possess a controlled substance while under the control or supervision of prison employees, or while in transit to or from a prison facility, camp or farm.  These crimes are "unranked" felonies under the sentencing reform act, which means that for a first time offender the presumptive sentence is up to one year in prison.  Because they are class C felonies, the maximum sentences for these crimes is five years in prison.

The crime of introducing contraband in the third degree is a gross misdemeanor.  This crime involves knowingly introducing contraband (other than weapons or other items to be used in an escape attempt or in the commission of a crime), to any person in a detention facility.  "Contraband" is anything that a person in a detention facility is prohibited from having by a rule, court order or statute.  A "detention facility" is any state or local facility for confining adult or juvenile offenders, and includes work release and furlough.

The uniform controlled substances act covers a wide range of substances and activities. Crimes under this act range from serious felonies like selling narcotics to minors, to simple possession of small amounts of marijuana.  These crimes apply to persons in or out of prison.

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 certain narcotic drugs.

Fifteen months is added for the unlawful manufacture, delivery or possession with intent to manufacture or deliver other, non-narcotic controlled substances.

Twelve months is added to the sentence 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.

Fiscal Note:      Available

House Committee ‑ Testified For:    (Judiciary) Kathleen Gookin, DOC.

(Appropriations) Kathleen Gookin, DOC.

House Committee - Testified Against:      (Judiciary) (in part) Roxanne Park, Sentencing Guidelines Commission.

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) The current penalties are inadequate to deter the increasing drug problem in correctional facilities.

(Appropriations) Increased penalties are needed as means to control behavior of certain inmates and/or accomplices.

House Committee - Testimony Against:      (Judiciary) While there is a need for increasing penalties, using enhancements should be avoided.  Enhancements violate important goals of the sentencing act, including the goals of simplicity and proportionality.

(Appropriations) None Presented.