H.B. 52

1

PROHIBITION OF CONTRABAND IN A
2 CORRECTIONAL FACILITY
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Susan J. Koehn
6 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING AND MODIFYING
7 DEFINITIONS; PROHIBITING THE INTRODUCTION OF CONTRABAND INTO A
8 CORRECTIONAL FACILITY; PROVIDING A PENALTY; AND MAKING TECHNICAL
9 CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-8-311.3, as last amended by Chapters 164 and 247, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-8-311.3 is amended to read:
15 76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
16 (1) As used in this section:
17 (a) "Contraband" means any item not specifically prohibited for possession by offenders
18 under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
19 [(a)] (b) "Controlled substance" means any substance defined as a controlled substance
20 under Title 58, Chapter 37, Utah Controlled Substances Act.
21 [(b)] (c) "Correctional facility" means:
22 (i) any facility operated by the Department of Corrections to house offenders in either a
23 secure or nonsecure setting;
24 (ii) any facility operated by a municipality or a county to house or detain criminal
25 offenders;
26 (iii) any juvenile detention facility; and
27 (iv) any building or grounds appurtenant to the facility or lands granted to the state,

1 municipality, or county for use as a correctional facility.
2 [(c)] (d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a,
3 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
4 Chapter 37, Utah Controlled Substances Act.
5 [(d)] (e) "Mental health facility" has the same meaning as defined in Section 62A-12-202.
6 [(e)] (f) "Offender" means a person [confined] in custody at a correctional facility.
7 [(f)] (g) "Secure area" has the same meaning as provided in Section 76-8-311.1.
8 (2) Notwithstanding any other statute to the contrary, including Subsection 76-10-501(b),
9 a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous
10 weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor,
11 medicine, or poison in any quantity may be:
12 (a) transported to or upon a correctional or mental health facility;
13 (b) sold or given away at any correctional or mental health facility;
14 (c) given to or used by any offender at a correctional or mental health facility; or
15 (d) knowingly or intentionally possessed at a correctional or mental health facility.
16 (3) It is a defense to any prosecution under this section if the accused in committing the
17 act made criminal [hereby] by this section:
18 (a) with respect to a correctional facility operated by the Department of Corrections, acted
19 in conformity with departmental rule or policy;
20 (b) with respect to a correctional facility operated by a municipality, acted in conformity
21 with the policy of the municipality;
22 (c) with respect to a correctional facility operated by a county, acted in conformity with
23 the policy of the county; or
24 (d) with respect to a mental health facility, acted in conformity with the policy of the
25 mental health facility.
26 (4) (a) Any person who transports to or upon a correctional facility, or into a secure area
27 of a mental health facility, any firearm, ammunition, dangerous weapon, explosive, or implement
28 of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
29 (b) Any person who provides or sells to any offender at a correctional facility, or any
30 detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon,
31 explosive, or implement of escape is guilty of a second degree felony.

- 2 -

1 (c) Any offender who possesses at a correctional facility, or any detainee who possesses
2 at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, explosive,
3 or implement of escape is guilty of a second degree felony.
4 (d) Any person who, without the permission of the authority operating the correctional
5 facility or the secure area of a mental health facility, knowingly possesses at a correctional facility
6 or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, implement
7 of escape, or explosive is guilty of a third degree felony.
8 (5) (a) [Any] A person is guilty of a third degree felony who, without the permission of
9 the authority operating the correctional facility or secure area of a mental health facility,
10 knowingly transports to or upon a correctional facility or into a secure area of a mental health
11 facility any:
12 (i) spirituous or fermented liquor;
13 (ii) medicine, whether or not lawfully prescribed for the offender; or
14 (iii) poison in any quantity.
15 (b) [Any] A person is guilty of a third degree felony who knowingly violates correctional
16 or mental health facility policy or rule by providing or selling to any offender at a correctional
17 facility or detainee within a secure area of a mental health facility any:
18 (i) spirituous or fermented liquor;
19 (ii) medicine, whether or not lawfully prescribed for the offender; or
20 (iii) poison in any quantity.
21 (c) [Any] An inmate is guilty of a third degree felony who, in violation of correctional or
22 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
23 mental health facility any:
24 (i) spirituous or fermented liquor;
25 (ii) medicine, other than medicine provided by the facility's health care providers in
26 compliance with facility policy; or
27 (iii) poison in any quantity.
28 (d) [Any] A person is guilty of a class A misdemeanor who, without the permission of the
29 authority operating the correctional or mental health facility, fails to declare or knowingly
30 possesses at a correctional facility or in a secure area of a mental health facility any:
31 (i) spirituous or fermented liquor;

- 3 -

1 (ii) medicine; or
2 (iii) poison in any quantity.
3 (e) A person is guilty of a class B misdemeanor who, without the permission of the
4 authority operating the correctional facility, knowingly engages in any activity that would facilitate
5 the possession of any contraband by an offender.
6 (6) The possession, distribution, or use of a controlled substance at a correctional facility
7 or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58,
8 Chapter 37, Utah Controlled Substances Act.




Legislative Review Note
as of 12-31-96 4:14 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 4 -