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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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