Section-by-Section Summary of Conference Report
DNA Provisions
SECTION 1Specifies that the trial court and probation department must work in conjunction with the directorof the crime laboratory within the department of state police to implement an electronicnotification system to be used by the state police to inform them when a person is convicted of an offense that requires DNA submission.SECTION 2 AND 3.Broadens the list of personnel able to collect DNA samples, extending it from those licensed bythe director of the crime lab to those approved by the director of the crime lab.SECTION 4.Currently those authorized to collect DNA samples and get that DNA from blood samples arenot civilly liable for their role in taking the DNA sample. This section merely extends buccalswabs to the protection already provided for the withdrawal of blood samples.SECTION 5.Ensures that those required to submit DNA samples timely do so. Currently the statute does notspecify any time frame. This section requires one to provide the sample, after receiving writtennotice, within a year of conviction, adjudication or release from custody, whichever occurs first.
Parole Board Changes
SECTION 6.Currently the Governor has the power to appoint a seven member parole board, but does nothave the explicit power to remove those members. This section allows the governor to remove amember, for cause, after notice and a hearing.SECTION 7.Increases the size of the discretionary parole appointment panel from five to nine members.
SECTION 8.Adds to the discretionary parole appointment panel a member chosen by the DA Association,
CPCS, Prisoners’ Legal Services, and a local law enforcement member.
SECTION 9 and 10.Requires that the list of candidates submitted by the parole appointment panel to fill a paroleboard position include a professional in the field of adolescent development and psychology, anda victim witness advocate.
Good Samaritan Provision I
SECTION 11.Allows for Naloxone, a potentially life-saving inhalant administered for heroine and other opioiddrug overdoses, to be lawfully prescribed and dispensed to those likely to overdose or any personin a position to assist such a person. The drug is currently administered as part of a pilot programat eight different state locations.
Mandatory Drug Sentencing
SECTION 12.Reduces the mandatory minimum for second and subsequent drug sentences for ManufacturingClass A drugs from 5 to 3 ½ years.SECTION 13.Reduces the mandatory minimum for second and subsequent drug sentences for ManufacturingClass B drugs from 3 to 2 years.SECTION 14.Reduces the mandatory minimum for second and subsequent drug sentences for ManufacturingClass B PCP drug from 5 to 3 ½ years.SECTION 15 and 16.
Reduces the mandatory minimum for second and subsequent drug sentences for ManufacturingClass C drugs from 2 years to 18 months (HOC).SECTION 17.Reduces the mandatory minimum for trafficking 100-2000 pounds of marijuana from 3 to 2years.SECTION 18.Reduces the mandatory minimum for trafficking 2000-10000 pounds of marijuana from 5 to 3 ½years.SECTION 19.Reduces the mandatory minimum for trafficking more than 10000 pounds of marijuana from 10to 8 years.
Cocaine Trafficking
SECTIONS 20 and 21.Currently, trafficking 14-28 grams of cocaine carries a mandatory minimum of 3 years. Thesesections reduce the mandatory minimum to 2 years and increase the weight eligibility to 18-36grams.SECTION 22.Currently, trafficking 28-100 grams of cocaine carries a 5 year mandatory minimum. Thissection increases the weight threshold to 36 grams, and reduces the mandatory minimum to 3 ½years.SECTION 23.Reduces the mandatory minimum for trafficking 100-200 grams of cocaine from 10 to 8 years.SECTION 24.Reduces the mandatory minimum for trafficking over 200 grams of cocaine from 15 to 12 years.
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