H.B. 52 Enrolled

PROHIBITION OF CONTRABAND IN A
CORRECTIONAL FACILITY
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Susan J. Koehn
AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING AND MODIFYING
DEFINITIONS; PROHIBITING THE INTRODUCTION OF CONTRABAND INTO A
CORRECTIONAL FACILITY; PROVIDING A PENALTY; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-8-311.3, as last amended by Chapters 164 and 247, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-311.3 is amended to read:
76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
(1) As used in this section:
(a) "Contraband" means any item not specifically prohibited for possession by offenders
under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
[(a)] (b) "Controlled substance" means any substance defined as a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
[(b)] (c) "Correctional facility" means:
(i) any facility operated by the Department of Corrections to house offenders in either a
secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal
offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state,
municipality, or county for use as a correctional facility.
[(c)] (d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a,

Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
Chapter 37, Utah Controlled Substances Act.
[(d)] (e) "Mental health facility" has the same meaning as defined in Section 62A-12-202.
[(e)] (f) "Offender" means a person [confined] in custody at a correctional facility.
[(f)] (g) "Secure area" has the same meaning as provided in Section 76-8-311.1.
(2) Notwithstanding any other statute to the contrary, including Subsection 76-10-501(b),
a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous
weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor,
medicine, or poison in any quantity may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at any correctional or mental health facility;
(c) given to or used by any offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to any prosecution under this section if the accused in committing the act
made criminal [hereby] by this section:
(a) with respect to a correctional facility operated by the Department of Corrections, acted
in conformity with departmental rule or policy;
(b) with respect to a correctional facility operated by a municipality, acted in conformity
with the policy of the municipality;
(c) with respect to a correctional facility operated by a county, acted in conformity with the
policy of the county; or
(d) with respect to a mental health facility, acted in conformity with the policy of the mental
health facility.
(4) (a) Any person who transports to or upon a correctional facility, or into a secure area of
a mental health facility, any firearm, ammunition, dangerous weapon, explosive, or implement of
escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
(b) Any person who provides or sells to any offender at a correctional facility, or any
detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon,

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explosive, or implement of escape is guilty of a second degree felony.
(c) Any offender who possesses at a correctional facility, or any detainee who possesses at
a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, explosive, or
implement of escape is guilty of a second degree felony.
(d) Any person who, without the permission of the authority operating the correctional
facility or the secure area of a mental health facility, knowingly possesses at a correctional facility
or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, implement
of escape, or explosive is guilty of a third degree felony.
(5) (a) [Any] A person is guilty of a third degree felony who, without the permission of the
authority operating the correctional facility or secure area of a mental health facility, knowingly
transports to or upon a correctional facility or into a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(b) [Any] A person is guilty of a third degree felony who knowingly violates correctional
or mental health facility policy or rule by providing or selling to any offender at a correctional
facility or detainee within a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(c) [Any] An inmate is guilty of a third degree felony who, in violation of correctional or
mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental
health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers in
compliance with facility policy; or
(iii) poison in any quantity.
(d) [Any] A person is guilty of a class A misdemeanor who, without the permission of the

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authority operating the correctional or mental health facility, fails to declare or knowingly possesses
at a correctional facility or in a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine; or
(iii) poison in any quantity.
(e) A person is guilty of a class B misdemeanor who, without the permission of the authority
operating the facility, knowingly engages in any activity that would facilitate the possession of any
contraband by an offender in a correctional facility.
(f) Exemptions may be granted for worship for Native American inmates pursuant to Section
64-13-40.
(6) The possession, distribution, or use of a controlled substance at a correctional facility or
in a secure area of a mental health facility shall be prosecuted in accordance with Title 58, Chapter
37, Utah Controlled Substances Act.

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