Topic:
DRUGS; PUBLIC HOUSING; DAY CARE; SENTENCING; CRIME; SCHOOLS (GENERAL);
Location:
DRUGS;

OLR Research Report


May 25, 2005

 

2005-R-0460

DRUG CRIMES NEAR DAY CARE CENTERS, SCHOOLS, AND PUBLIC HOUSING—MAPS OF MADISON AND NEW HAVEN

By: Christopher Reinhart, Senior Attorney

Daniel Duffy, Principal Analyst

You asked for maps of Madison and New Haven showing where mandatory minimum penalties for certain drug offenses would apply. The offenses involve the sale or possession of illegal drugs or drug paraphernalia within 1,500 feet of a (1) licensed child day care center, (2) public or private elementary or secondary school, or (3) public housing project.

SUMMARY

Three laws establish mandatory minimum penalties for committing certain drug offenses within 1,500 feet of licensed child day care centers, public or private elementary or secondary schools, or public housing projects: (1) selling, giving, offering, manufacturing, or possessing with intent to sell illegal drugs; (2) possession of illegal drugs; and (3) possessing drug paraphernalia. We created maps for Madison and New Haven showing the location of day care centers, schools, and housing projects with a circle with a 1,500-foot radius around each location.

We obtained information from the (1) Department of Public Health for day care centers as of March 1, 2005; (2) Department of Education for schools; and (3) Department of Economic and Community Development for public housing projects. We are currently missing addresses for two housing projects in New Haven and will update the map when we receive more information.

We do not have access to files showing property boundaries. Thus, the maps show the radius from the center of the property instead of from its property lines. As a result, the maps underestimate the areas within which enhanced penalties apply.

SELLING, GIVING, OFFERING, MANUFACTURING, OR POSSESSING WITH INTENT TO SELL ILLEGAL DRUGS (CGS 21A-278A(B))

● Three-year mandatory minimum sentence

● Within 1,500 feet of property comprising a (1) licensed child day care center identified by a conspicuous sign, (2) public or private elementary or secondary school, or (3) public housing project

● A “public housing project” means dwellings operated as a state- or federally-subsidized multifamily housing project by a housing authority, nonprofit corporation, or municipal developer

● This penalty is in addition to any penalty imposed for the underlying sale or possession offense

POSSESSION OF ILLEGAL DRUGS (CGS 21A-279(D))

● Two-year mandatory minimum sentence

● Within 1,500 feet of property comprising a (1) licensed child day care center identified by a conspicuous sign or (2) public or private elementary or secondary school, when the perpetrator is not enrolled as a student there

POSSESSING DRUG PARAPHERNALIA (CGS 21A-267(C))

● One-year mandatory minimum sentence

● Within 1,500 feet of property comprising a public or private elementary or secondary school when the perpetrator is not enrolled as a student there

IMPOSING LESS THAN THE MANDATORY MINIMUM SENTENCE

The law allows judges to impose less than the mandatory minimum for these and certain other drug crimes for good cause if no one was hurt during the crime and the defendant (1) did not use or attempt or threaten to use physical force; (2) was unarmed; (3) did not use, threaten to use, or suggest that he had a deadly weapon; and (4) did not benefit from this provision before (CGS 21a-283a).

CR/DD:ro