ARTICLE 18 SUBSTITUTE
A
RELATING TO
TREATMENT ALTERNATIVES TO STREET CRIME
SECTION 1. Section 21-28-4.01 of the General Laws in Chapter
21-28 entitled “Uniform
Controlled Substances Act”
is hereby amended to read as follows:
21-28-4.
01. Prohibited acts A-Penalties. -- (a)(1) Except as authorized by this chapter,
it shall be unlawful for any person to manufacture,
deliver, or possess with intent to manufacture
or deliver a controlled substance.
(2) Any person who is
not a drug addicted person, as defined in § 21-28-1.02(18), who
violates this subsection with respect to a controlled
substance classified in schedule I or II, except
the substance classified as marijuana, is guilty of a
crime and upon conviction may be imprisoned
to a term up to life, or fined not more than five
hundred thousand dollars ($500,000) nor less than
ten thousand dollars ($10,000), or both.
(3) Where the
deliverance as prohibited in this subsection shall be the proximate cause of
death to the person to whom the controlled substance is
delivered, it shall not be a defense that
the person delivering the substance was at the time of
delivery, a drug addicted person as defined
in § 21-28-1.02(18).
(4) Any person, except
as provided for in subdivision (2) of this subsection, who
violates
this subsection with respect to:
(i)
A controlled substance classified in schedule I or II, is guilty of a crime and
upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000) nor less than three
thousand dollars ($3,000), or both;
(ii) A controlled
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20) years,
or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III (d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000), or both.
(iii) A controlled
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(b)(1) Except as
authorized by this chapter, it is unlawful for any person to create,
deliver, or possess with intent to deliver, a counterfeit
substance.
(2) Any person who
violates this subsection with respect to:
(i)
A counterfeit substance classified in schedule I or II, is guilty of a crime
and upon
conviction may be imprisoned for not more than thirty (30)
years, or fined not more than one
hundred thousand dollars ($100,000), or both;
(ii) A counterfeit
substance classified in schedule III or IV, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, or fined not more than forty
thousand dollars ($40,000), or both; provided, with respect to
a controlled substance classified in
schedule III (d), upon conviction may be imprisoned for not
more than five (5) years, or fined not
more than twenty thousand dollars ($20,000) or both.
(iii) A counterfeit
substance classified in schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than one year, or
fined not more than ten thousand
dollars ($10,000), or both.
(c)(1) It shall
be unlawful for any person knowingly or intentionally to possess a
controlled substance, unless the substance was obtained directly
from or pursuant to a valid
prescription or order of a practitioner while acting in the course
of his or her professional
practice, or except as otherwise authorized by this chapter.
(2) Any person who
violates this subsection with respect to:
(i)
A controlled substance classified in schedules I, II and III, IV, and V, except
the
substance classified as marijuana, is guilty of a crime and
upon conviction may be imprisoned for
not more than three (3) years or fined not less than five
hundred dollars ($500) nor more than five
thousand dollars ($5,000), or both;
(ii) A controlled
substance classified in schedule I as marijuana is guilty of a
misdemeanor and upon conviction may be imprisoned for not more
than one year or fined not less
than two hundred dollars ($200) nor more than five hundred
dollars ($500), or both.
(3) Additionally every
person convicted or who pleads nolo contendere under paragraph
(2)(i) of
this subsection or convicted or who pleads nolo contendere a second or subsequent time
under paragraph (2)(ii) of this subsection, who is not
sentenced to a term of imprisonment to
serve for the offense, shall be required to:
(i)
Perform no less than one hundred (100) hours of community service;
(ii) Be referred to
Treatment Alternatives to Street Crime (TASC) to determine the
existence of problems of drug abuse. Should TASC determine the
person needs treatment, it will
arrange for the treatment to be provided and after completion
of the treatment, the person shall
perform his or her required community service and attend the
drug education program;
(iii) Attend and
complete a drug counseling and education program as prescribed by the
director of the department of health mental health,
retardation and hospitals and pay the sum of
four hundred dollars ($400) to help defray the costs of
this program which shall be deposited as
general revenues. Failure to attend may result after hearing
by the court in jail sentence up to one
year;
(iv)(iii)The
court shall not suspend any part or all of the imposition of the fee required
by
this subsection, unless the court finds an inability to
pay;
(v)(iv) If the offense involves the use of any
automobile to transport the substance or the
substance is found within an automobile, then a person
convicted or who pleads nolo contendere
under paragraphs (2)(i) and (ii)
of this subsection shall be subject to a loss of license for a period
of six (6) months for a first offense and one year for
each offense after this.
(4) All fees assessed
and collected pursuant to paragraph (3)(iii)(ii)
of this subsection
shall be deposited as general revenues and shall be
collected from the person convicted or who
pleads nolo contendere
before any other fines authorized by this chapter.
(d) It shall be unlawful
for any person to manufacture, distribute, or possess with intent to
manufacture or distribute, an imitation controlled substance. Any
person who violates this
subsection is guilty of a crime, and upon conviction shall be
subject to the same term of
imprisonment and/or fine as provided by this chapter for the
manufacture or distribution of the
controlled substance which the particular imitation controlled
substance forming the basis of the
prosecution was designed to resemble and/or represented to be;
but in no case shall the
imprisonment be for more than five (5) years nor the fine for more
than twenty thousand dollars
($20,000).
(e) It shall be unlawful
for a practitioner to prescribe, order, distribute, supply, or sell an
anabolic steroid or human growth hormone for: (1) enhancing
performance in an exercise, sport,
or game, or (2) hormonal manipulation intended to
increase muscle mass, strength, or weight
without a medical necessity. Any person who violates this
subsection is guilty of a misdemeanor
and upon conviction may be imprisoned for not more than
six (6) months or a fine of not more
than one thousand dollars ($1,000), or both.
SECTION 2. Section 31-27-2 of the General Laws in Chapter
31-27 entitled “Motor
Vehicle Offenses” is hereby
amended to read as follows:
31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or
otherwise operates any vehicle in the state while under the
influence of any intoxicating liquor,
drugs, toluene, or any controlled substance as defined in
chapter 28 of title 21, or any
combination of these, shall be guilty of a misdemeanor except as
provided in subdivision (d)(3)
and shall be punished as provided in subsection (d) of
this section.
(b)(1) Any person
charged under subsection (a) of this section whose blood alcohol
concentration is eight one-hundredths of one percent (.08%) or more
by weight as shown by a
chemical analysis of a blood, breath, or urine sample shall be
guilty of violating subsection (a) of
this section. This provision shall not preclude a
conviction based on other admissible evidence.
Proof of guilt under this section may also be based on
evidence that the person charged was under
the influence of intoxicating liquor, drugs, toluene, or
any controlled substance defined in chapter
28 of title 21, or any combination of these, to a
degree which rendered the person incapable of
safely operating a vehicle. The fact that any person charged
with violating this section is or has
been legally entitled to use alcohol or a drug shall not
constitute a defense against any charge of
violating this section.
(2) Whoever drives or
otherwise operates any vehicle in the state with a blood presence
of any scheduled controlled substance as defined within
chapter 28 of title 21, as shown by
analysis of a blood or urine sample, shall be guilty of a
misdemeanor and shall be punished as
provided in subsection (d) of this section.
(c) In any criminal prosecution
for a violation of subsection (a) of this section, evidence
as to the amount of intoxicating liquor, toluene, or any
controlled substance as defined in chapter
28 of title 21, or any combination of these, in the
defendant's blood at the time alleged as shown
by a chemical analysis of the defendant's breath, blood,
or urine or other bodily substance shall be
admissible and competent, provided that evidence is presented
that the following conditions have
been complied with:
(1) The defendant has
consented to the taking of the test upon which the analysis is made.
Evidence that the defendant had refused to submit to
the test shall not be admissible unless the
defendant elects to testify.
(2) A true copy of the
report of the test result was mailed within seventy-two (72) hours
of the taking of the test to the person submitting to a
breath test.
(3) Any person
submitting to a chemical test of blood, urine, or other body fluids shall
have a true copy of the report of the test result mailed
to him or her within thirty (30) days
following the taking of the test.
(4) The test was
performed according to methods and with equipment approved by the
director of the department of health of the state of
(5) Equipment used for
the conduct of the tests by means of breath analysis had been
tested for accuracy within thirty (30) days preceding the
test by personnel qualified as
hereinbefore provided, and breathalyzer operators shall be qualified
and certified by the
department of health within three hundred sixty-five (365) days
of the test.
(6) The person arrested
and charged with operating a motor vehicle while under the
influence of intoxicating liquor, toluene, or any controlled
substance as defined in chapter 28 of
title 21, or, any combination of these in violation of
subsection (a) of this section was afforded the
opportunity to have an additional chemical test. The officer
arresting or so charging the person
shall have informed the person of this right and afforded
him or her a reasonable opportunity to
exercise this right, and a notation to this effect is made in
the official records of the case in the
police department. Refusal to permit an additional chemical
test shall render incompetent and
inadmissible in evidence the original report.
(d)(1)(i) Every person found to have violated subdivision (b)(1) of this section shall be
sentenced as follows: for a first violation whose blood alcohol
concentration is eight one-
hundredths of one percent (.08%) but less than one-tenth of one
percent (.1%) by weight or who
has a blood presence of any scheduled controlled
substance as defined in subdivision (b)(2) shall
be subject to a fine of not less than one hundred
dollars ($100) nor more than three hundred
dollars ($300), shall be required to perform ten (10) to
sixty (60) hours of public community
restitution, and/or shall be imprisoned for up to one year. The
sentence may be served in any unit
of the adult correctional institutions in the discretion
of the sentencing judge and/or shall be
required to attend a special course on driving while
intoxicated or under the influence of a
controlled substance, and his or her driver's license shall be
suspended for thirty (30) days up to
one hundred eighty (180) days.
(ii) Every person
convicted of a first violation whose blood alcohol concentration is one-
tenth of one percent (.1%) by weight or above but less than
fifteen hundredths of one percent
(.15%) or whose blood alcohol concentration is unknown
shall be subject to a fine of not less than
one hundred ($100) dollars nor more than four hundred
dollars ($400) and shall be required to
perform ten (10) to sixty (60) hours of public community
restitution and/or shall be imprisoned
for up to one year. The sentence may be served in any
unit of the adult correctional institutions in
the discretion of the sentencing judge. The person's
driving license shall be suspended for a
period of three (3) months to twelve (12) months. The
sentencing judge shall require attendance
at a special course on driving while intoxicated or
under the influence of a controlled substance
and/or alcoholic or drug treatment for the individual.
(iii) Every
person convicted of a first offense whose blood alcohol concentration is
fifteen hundredths of one percent (.15%) or above, or who is
under the influence of a drug,
toluene, or any controlled substance as defined in
subdivision (b)(1) shall be subject to a fine of
five hundred dollars ($500) and shall be required to
perform twenty (20) to sixty (60) hours of
public community restitution and/or shall be imprisoned for
up to one year. The sentence may be
served in any unit of the adult correctional institutions in
the discretion of the sentencing judge.
The person's driving license shall be suspended for a
period of three (3) months to eighteen (18)
months. The sentencing judge shall require attendance at a
special course on driving while
intoxicated or under the influence of a controlled substance
and/or alcohol or drug treatment for
the individual.
(2)(i) Every person convicted of a second violation within
a five (5) year period with a
blood alcohol concentration of eight one-hundredths of one
percent (.08%) or above but less than
fifteen hundredths of one percent (.15%) or whose blood
alcohol concentration is unknown or
who has a blood presence of any controlled substance as
defined in subdivision (b)(2), and every
person convicted of a second violation within a five (5)
year period regardless of whether the
prior violation and subsequent conviction was a violation
and subsequent conviction under this
statute or under the driving under the influence of liquor or
drugs statute of any other state, shall
be subject to a mandatory fine of four hundred dollars
($400). The person's driving license shall
be suspended for a period of one year to two (2) years,
and the individual shall be sentenced to
not less than ten (10) days nor more than one year in jail.
The sentence may be served in any unit
of the adult correctional institutions in the discretion
of the sentencing judge; however, not less
than forty-eight (48) hours of imprisonment shall be
served consecutively. The sentencing judge
shall require alcohol or drug treatment for the individual,
and may prohibit that person from
operating a motor vehicle that is not equipped with an ignition
interlock system for a period of
one year to two (2) years following the completion of the
sentence as provided in § 31-27-2.8.
(ii) Every person
convicted of a second violation within a five (5) year period whose
blood alcohol concentration is fifteen hundredths of one
percent (.15%) or above by weight as
shown by a chemical analysis of a blood, breath, or urine
sample or who is under the influence of
a drug, toluene, or any controlled substance as defined
in subdivision (b)(1) shall be subject to
mandatory imprisonment of not less than six (6) months nor more
than one year, a mandatory fine
of not less than one thousand dollars ($1,000) and a
mandatory license suspension for a period of
two (2) years from the date of completion of the sentence
imposed under this subsection.
(3)(i) Every person convicted of a third or subsequent
violation within a five (5) year
period with a blood alcohol concentration of eight
one-hundredths of one percent (.08%) or above
but less than fifteen hundredths of one percent (.15%) or
whose blood alcohol concentration is
unknown or who has a blood presence of any scheduled
controlled substance as defined in
subdivision (b)(2) regardless of whether any prior violation and
subsequent conviction was a
violation and subsequent conviction under this statute or under
the driving under the influence of
liquor or drugs statute of any other state, shall be guilty
of a felony and be subject to a mandatory
fine of four hundred ($400) dollars. The person's driving
license shall be suspended for a period
of two (2) years to three (3) years, and the individual
shall be sentenced to not less than one year
and not more than three (3) years in jail. The sentence
may be served in any unit of the adult
correctional institutions in the discretion of the sentencing
judge; however, not less than forty-
eight (48) hours of imprisonment shall be served
consecutively. The sentencing judge shall
require alcohol or drug treatment for the individual, and may
prohibit that person from operating
a motor vehicle that is not equipped with an ignition
interlock system for a period of two (2) years
following the completion of the sentence as provided in §
31-27-2.8.
(ii) Every person
convicted of a third or subsequent violation within a five (5) year period
whose blood alcohol concentration is fifteen hundredths of
one percent (.15%) above by weight
as shown by a chemical analysis of a blood, breath, or
urine sample or who is under the influence
of a drug, toluene or any controlled substance as
defined in subdivision (b)(1) shall be subject to
mandatory imprisonment of not less than three (3) years nor
more than five (5) years, a
mandatory fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars
($5,000) and a mandatory license suspension for a
period of three (3) years from the date of
completion of the sentence imposed under this subsection.
(iii) In addition to the
foregoing penalties, every person convicted of a third or
subsequent violation within a five (5) year period regardless of
whether any prior violation and
subsequent conviction was a violation and subsequent conviction
under this statute or under the
driving under the influence of liquor or drugs statute of any
other state shall be subject, in the
discretion of the sentencing judge, to having the vehicle owned
and operated by the violator
seized and sold by the state of
to the general fund.
(4)(i) For purposes of determining the period of license suspension,
a prior violation shall
constitute any charge brought and sustained under the provisions
of this section or § 31-27-2.1.
(ii) Any person
over the age of eighteen (18) who is convicted under this section for
operating a motor vehicle while under the influence of alcohol,
other drugs, or a combination of
these, while a child under the age of thirteen (13) years
was present as a passenger in the motor
vehicle when the offense was committed may be sentenced to a
term of imprisonment of not more
than one year and further shall not be entitled to the
benefit of suspension or deferment of this
sentence. The sentence imposed under this section may be
served in any unit of the adult
correctional institutions in the discretion of the sentencing
judge.
(5)(i) Any person convicted of a violation under this
section shall pay a highway
assessment fine of five hundred dollars ($500) which shall be
deposited into the general fund. The
assessment provided for by this subsection shall be collected
from a violator before any other
fines authorized by this section.
(ii) Any person
convicted of a violation under this section shall be assessed a fee of
Eighty-six dollars ($86). The fee shall be as follows:
FISCAL YEAR FISCAL YEAR FISCAL YEAR
1993-1995 1996-1999 2000-2010
$147 $173 $86
(6)(i) If the person convicted of violating this section is
under the age of eighteen (18)
years, for the first violation he or she shall be required
to perform ten (10) to sixty (60) hours of
public community restitution, and the juvenile's driving
license shall be suspended for a period of
six (6) months, and may be suspended for a period up to
eighteen (18) months. The sentencing
judge shall also require attendance at a special course on
driving while intoxicated or under the
influence of a controlled substance and alcohol or drug
education and/or treatment for the
juvenile. The juvenile may also be required to pay a highway
assessment fine of no more than
five hundred dollars ($500), and the assessment imposed
shall be deposited into the general fund.
(ii) If the person
convicted of violating this section is under the age of eighteen (18)
years, for a second or subsequent violation regardless of
whether any prior violation and
subsequent conviction was a violation and subsequent under this
statute or under the driving
under the influence of liquor or drugs statute of any other
state, he or she shall be subject to a
mandatory suspension of his or her driving license until such
time as he or she is twenty-one (21)
years of age and may, in the discretion of the sentencing
judge, also be sentenced to the Rhode
Island training school for a period of not more than
one year and/or a fine of not more than five
hundred dollars ($500).
(7) Any person convicted
of a violation under this section may undergo a clinical
assessment at a facility approved by the department of mental
health retardation and hospitals the
clinical assessment determine problems of alcohol, drug abuse,
or psychological problems
associated with alcoholic or drug abuse, this person shall be
referred to the T.A.S.C. (treatment
alternatives to street crime) program an appropriate facility, licensed or approved by
the
department of mental health, retardation and hospitals for treatment placement, case management,
and monitoring.
(e) Percent by weight of
alcohol in the blood shall be based upon milligrams of alcohol
per one hundred (100) cubic centimeters of blood.
(f)(1) There is
established an alcohol and drug safety unit within the division of motor
vehicles to administer an alcohol safety action program. The
program shall provide for placement
and follow-up for persons who are required to pay the
highway safety assessment. The alcohol
and drug safety action program will be administered in
conjunction with alcohol and drug
programs within licensed by the department of
mental health retardation and hospitals.
(2) Persons convicted
under the provisions of this chapter shall be required to attend a
special course on driving while intoxicated or under the
influence of a controlled substance,
and/or participate in an alcohol or drug treatment program.
The course shall take into
consideration any language barrier which may exist as to any person
ordered to attend, and shall
provide for instruction reasonably calculated to communicate
the purposes of the course in
accordance with the requirements of the subsection. Any costs
reasonably incurred in connection
with the provision of this accommodation shall be borne by
the person being retrained. A copy of
any violation under this section shall be forwarded by
the court to the alcohol and drug safety
unit. In the event that persons convicted under the
provisions of this chapter fail to attend and
complete the above course or treatment program, as ordered by
the judge, then the person may be
brought before the court, and after a hearing as to why the
order of the court was not followed,
may be sentenced to jail for a period not exceeding one
year.
(3) The alcohol and drug
safety action program within the division of motor vehicles
shall be funded by general revenue appropriations.
(g) The director of the
health department of the state of
make and file with the secretary of state regulations
which prescribe the techniques and methods
of chemical analysis of the person's body fluids or
breath, and the qualifications and certification
of individuals authorized to administer this testing and
analysis.
(h) Jurisdiction for
misdemeanor violations of this section shall be with the district court
for persons eighteen (18) years of age or older and to
the family court for persons under the age
of eighteen (18) years. The courts shall have full
authority to impose any sentence authorized and
to order the suspension of any license for violations of
this section. All trials in the district court
and family court of violations of the section shall be
scheduled within thirty (30) days of the
arraignment date. No continuance or postponement shall be granted
except for good cause shown.
Any continuances that are necessary shall be granted
for the shortest practicable time. Trials in
superior court are not required to be scheduled within thirty
(30) days of the arraignment date.
(i)
No fines, suspensions, assessments, alcohol or drug treatment programs, course
on
driving while intoxicated or under the influence of a
controlled substance, public community
restitution, or jail provided for under this section can be
suspended.
(j) An order to attend a
special course on driving while intoxicated that shall be
administered in cooperation with a college or university
accredited by the state, shall include a
provision to pay a reasonable tuition for the course in an
amount not less than twenty-five dollars
($25.00), and a fee of one hundred seventy-five
dollars ($175), which fee shall be deposited into
the general fund.
(k) For the purposes of
this section, any test of a sample of blood, breath, or urine for the
presence of alcohol, which relies in whole or in part upon the
principle of infrared light
absorption is considered a chemical test.
(l) If any provision of
this section or the application of any provision shall for any reason
be judged invalid, such a judgment shall not affect,
impair, or invalidate the remainder of the
section, but shall be confined in this effect to the
provision or application directly involved in the
controversy giving rise to the judgment.
SECTION 3. Section 42-109-9 of the General Laws in Chapter
42-109 entitled “Omnibus
Substance Abuse Prevention Act”
is hereby amended to read as follows:
42-109-9.
Legislative oversight commission. -- (a) There is created a legislative
commission entitled “Legislative Oversight Commission on Special
Substance Abuse Programs”,
the purpose of which shall be to oversee the
implementation and administration of all moneys and
programs involving the Benjamin Rush Detox
Program, and the Driving While Intoxicated
Program, and the TASC Program, and to report to
the director of the department of mental health,
retardation, and hospitals and to the general assembly with
advice and recommendations as to the
adequacy, efficacy and efficiency of all statutes, rules,
regulations, guidelines, practices, and
programs relating to those substance abuse programs, and any
other matters it deems appropriate.
(b) The commission shall
consist of five (5) members: two (2) of whom shall be
appointed by the president of the senate as follows: one member
who shall be a physician
licensed to practice medicine in this state and whose medical
practice concentrates on substance
abuse treatment and prevention; one member who shall be a
registered nurse (R.N.) who is
licensed in this state and concentrates in substance abuse
treatment and prevention; three (3) of
whom shall be appointed by the speaker of the house as
follows: one member who shall be a
certified chemical dependency professional (C.C.D.P.), one
member who shall be clinical
supervisor of a private or public substance abuse treatment and
prevention clinic; and one
member who shall be an executive director of a private or
public substance abuse treatment
agency; provided, however, that no member of the general
assembly shall be appointed to the
commission. The chairperson of the commission shall be appointed
by the speaker of the house of
representatives. Members of the commission shall serve without
compensation. The commission
may request and shall receive from any instrumentality of
the state, including the department of
mental health, retardation, and hospitals, department of
children, youth, and families, department
of human services and other departments as the
commission sees fit and from any municipality or
any instrumentality thereof, any information and
assistance that it deems necessary for the proper
execution of its powers and duties under this section. The
commission shall meet at least
quarterly and shall report at least annually to the general
assembly on its findings and
recommendations with respect to any matters relating to those
substance abuse treatment
programs listed herein.
(c) The commission shall
operate in conjunction with the permanent legislative oversight
commission on substance abuse prevention established pursuant to
the provisions of § 16-21.2-9
and with the permanent legislative oversight commission
on substance abuse treatment
established pursuant to the provisions of § 40.1-1-12; provided,
however, that primary oversight
of the Benjamin Rush Detox
Program, and the Driving While Intoxicated Program, and the TASC
Program
shall be the function of the commission established in this section.
SECTION 4. This article shall take effect upon passage.