Report Title:

Drugs; Correctional Facilities

Description:

Makes it a class B felony to deal drugs at a correctional, detention, or drug treatment facility or within 1500 feet thereof. Imposes a mandatory minimum of at least two years on a correctional worker or employee of a drug treatment facility convicted of the offense.

HOUSE OF REPRESENTATIVES

H.B. NO.

2307

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUGS.

 

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

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Promoting a controlled substance in, on, or near correctional, detention, or drug treatment facilities. (1) A person commits the offense of promoting a controlled substance in, on, or near a correctional, detention, or drug treatment facilities if the person knowingly:

(a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a correctional, detention, or drug treatment facility; or

(b) Distributes or possesses with intent to distribute a controlled substance in any amount within fifteen hundred feet of the real property comprising a correctional, detention, or drug treatment facility.

(2) Promoting a controlled substance in, on, or near correctional, detention, or drug treatment facilities is a class B felony.

(3) Notwithstanding any law to the contrary, including section 706-622.5, a correctional worker or employee of a drug treatment facility who violates this section shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment, the length of which shall be not less than two years, at the discretion of the sentencing court, during which the person shall not be eligible for parole.

(4) For purposes of this section:

(a) "Correctional, detention, or drug treatment facility" means a facility established and operated pursuant to chapter 353 or 353G; and

(b) "Correctional worker" means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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