Establishing drug-free homeless service zones, and providing penalties

This bill establishes drug-free homeless service zones. _____ primarily serves homeless individuals and that receives state, local, or federal funding, and the person allows an individual accessing services to possess or use a controlled substance on the premises of the facility. The bill provides that a person who sells or transfers a controlled substance, or attempts to sell or transfer a controlled substance within a drug-free homeless service zone is punishable as the same class of criminal violation for which the offense would be punishable under existing law had the violation not occurred within a drug-free homeless service zone, except that the minimum and maximum sentence for the offense shall be increased by one year. A person convicted of this offense is not eligible for a deferred judgment, a deferred or suspended sentence, probation, or work release. The bill provides that a person who operates or has authority to enforce the policies and requirements of a facility-based drug-free service zone who allows an individual accessing services to possess or use a controlled substance on the premises of the facility is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. An operator of a facility-based drug-free service zone who violates the bill is ineligible to apply for homelessness assistance grants from the state for a period of three years from the date of conviction. The bill provides that in addition to any other penalty, a person convicted of an offense under the bill shall be punished by a fine of not less than $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the offense, whichever is greater. The fine may not be suspended, in part or whole, for any reason. _____ the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height. The bill defines “drug-free homeless service zone”, “facility-based services”, and “operator”.