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) (a) As used in this section: (a) "Communication device" means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication or another device that can be used to communicate electronically. (i) "Contraband" means any an item not specifically prohibited for possession by offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act. (b) (ii) "Controlled substance" means any substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act. (c) (iii) "Correctional facility" means: (i) (A) any a facility operated by or contracting with the Department of Corrections to house offenders an offender in either a secure or nonsecure setting; (ii) (B) any a facility operated by a municipality or a county to house or detain criminal offenders an offender; (iii) (C) any a juvenile detention facility; and or (iv) (D) any a building or grounds appurtenant to the a facility or lands land granted to the state, municipality, or county for use as a correctional facility. (d) (iv) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101. (e) (v) "Medicine" means any a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include any a controlled substances substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act. (f) (vi) "Mental health facility" means the same as that term is defined in Section 26B-5-301 . (g) (vii) "Nicotine product" means the same as that term is defined in Section 76-10-101 . (h) (viii) "Offender" means a person an individual in custody at a correctional facility. (i) (ix) "Secure area" means the same as that term is defined in Section 76-8-311.1. (j) (x) "Tobacco product" means the same as that term is defined in Section 76-10-101 . (2) (a) Notwithstanding Section 76-10-500, a correctional facility or mental health facility may provide by rule that no prohibit a firearm, ammunition, a dangerous weapon, animplement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be from being: (a) (i) transported to or upon within a correctional facility or mental health facility; (b) (ii) sold or given away at any provided to an offender at a correctional facility or mental health facility; or (c) (iii) given to or used by any offender possessed by an offender or another individual at a correctional facility or mental health facility ; or . (d) knowingly or intentionally possessed at a correctional or mental health facility. (b) A correctional facility may prohibit a communication device from being: (i) transported to or within the correctional facility for the purpose of being sold or provided to an offender in the correctional facility; (ii) sold or provided to an offender in the correctional facility; or (iii) possessed by an offender or another individual at the correctional facility. (3)It is a defense to any a prosecution under this section if the accused in committing the act made criminal by this section with respect to: (a)a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy; (b)a correctional facility operated by a municipality, acted in conformity with the policy of the municipality; (c)a correctional facility operated by a county, acted in conformity with the policy of the county; or (d)a mental health facility, acted in conformity with the policy of the mental health facility. (4) (a)An individual who transports to or upon a correctional facility, or into a secure area of a mental health facility, any a firearm, ammunition, a dangerous weapon, or an implement of escape with intent to provide or sell it to any an offender, is guilty of a second degree felony. (b)An individual who provides or sells to any an offender at a correctional facility, or any a detainee at a secure area of a mental health facility, any a firearm, ammunition, adangerous weapon, or an implement of escape is guilty of a second degree felony. (c)An offender who possesses at a correctional facility, or a detainee who possesses at a secure area of a mental health facility, any a firearm, ammunition, a dangerous weapon, or an implement of escape is guilty of a second degree felony. (d)An individual 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 a firearm, ammunition, adangerous weapon, or an implement of escape is guilty of a third degree felony. (e)An individual violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any an explosive in a correctional facility or mental health facility. (5) (a)An individual 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) a communication device to or within a correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility; (ii) spirituous or fermented liquor to or within a correctional facility or a secure area of a mental health facility ; (ii) (iii) medicine to or within a correctional facility or a secure area of a mental health facility , whether or not lawfully prescribed for the an offender or detainee; or (iii) (iv) poison in any quantity to or within a correctional facility or a secure area of a mental health facility . (b)An individual 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) a communication device to an offender at a correctional facility; (ii) spirituous or fermented liquor to an offender at a correctional facility or a detainee within a secure area of a mental health facility ; (ii) (iii) medicine , to an offender at a correctional facility or detainee within a secure area of a mental facility whether or not the medicine is lawfully prescribed for the offender; or (iii) (iv) poison in any quantity to an offender at a correctional facility or a detainee within a secure area of a mental health facility . (c)An inmate offender 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) a communication device at a correctional facility; (ii) spirituous or fermented liquor at a correctional facility or in a secure area of a mental health facility ; (ii) (iii) medicine at a correctional facility or in a secure area of a mental health facility , other than medicine provided by the facility's health care providers in compliance with facility policy; or (iii) (iv) poison in any quantity at a correctional facility or in a secure area of a mental health facility . (d)An individual is guilty of a class A misdemeanor who, with the intent to directly or indirectly provide or sell any a tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly: (i)transports, delivers, or distributes any tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of any correctional facility; (ii)solicits, requests, commands, coerces, encourages, or intentionally aids another person to transport any tobacco product, electronic cigarette product, or nicotine product to an offender or on any correctional facility, if the person is acting with the mental state required for the commission of an offense; or (iii)facilitates, arranges, or causes the transport of any tobacco product, electronic cigarette product, or nicotine product in violation of this section to an offender or on the grounds of any correctional facility. (e)An individual , other than an offender, is guilty of a class A misdemeanor who, without the permission of the 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) subject to Subsection (7), a communication device at a correctional facility; (ii) spirituous or fermented liquor at a correctional facility or in a secure area of a mental health facility ; (ii) (iii) medicine at a correctional facility or in a secure area of a mental health facility ; or (iii) (iv) poison in any quantity at a correctional facility or in a secure area of a mental health facility . (f) (i)Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B misdemeanor who, without the permission of the authority operating the correctional facility, knowingly engages in any activity that would facilitate the possession of any contraband by an offender in a correctional facility. (ii)The provisions of Subsection (5)(d) regarding any tobacco product, electronic cigarette product, or nicotine product take precedence over this Subsection (5)(f). (g)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. (7) (a) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (5)(e)(i) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device. (b) A prosecuting attorney may not prosecute an individual under Subsection (5)(e)(i) if the correctional facility fails to comply with Subsection (7)(a). (7) (8) The department shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing any tobacco product, electronic cigarette product, or nicotine product to offenders is a class A misdemeanor.

Section 2. Effective date. This bill takes effect on May 1, 2024.

Section 3. Coordinating H.B. 26 with H.B. 15 If this H.B. 26, Correctional Facility Amendments, and H.B. 15, Criminal Code Recodification and Cross References, both pass and become law, it is the intent of the Legislature that the Office of Legislative Research and General Counsel prepare the Utah Code database for publication by making the following changes: (1) amending Section 76-8-311.3 to read: " 76-8-311.3 Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking. (1) (a) 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. (b) (i) "Communication device" means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication, or another device that can be used to communicate electronically. (ii) "Controlled substance" means any a substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act. (c) (iii) "Correctional facility" means: (i) (A) any a facility operated by or contracting with the Department of Corrections to house offenders an offender in either a secure or nonsecure setting; (ii) (B) any a facility operated by a municipality or a county to house or detain criminal offenders an offender; (iii) (C) any a juvenile detention facility; and or (iv) (D) any a building or grounds appurtenant to the a facility or lands land granted to the state, municipality, or county for use as a correctional facility. (iv) "Dangerous weapon" means the same as that term is defined in Section 76-10-501. (d) (v) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101. (vi) "Firearm" means the same as that term is defined in Section 76-10-501. (e) (vii) "Medicine" means any a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include any a controlled substances substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act. (f) (viii) "Mental health facility" means the same as that term is defined in Section 26B-5-301 . (g) (ix) "Nicotine product" means the same as that term is defined in Section 76-10-101 . (h) (x) "Offender" means a person an individual in custody at a correctional facility. (i) (xi) "Secure area" means the same as that term is defined in Section 76-8-311.1. (j) (xii) "Tobacco product" means the same as that term is defined in Section 76-10-101 . (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) (a) Notwithstanding Section 76-10-500, a correctional facility or mental health facility may provide by rule that no prohibit a firearm, ammunition, a dangerous weapon, an implement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be from being: (a) (i) transported to or upon within a correctional facility or mental health facility; (b) (ii) sold or given away at any to an offender at a correctional facility or mental health facility; or (c) (iii) given to or used by any offender possessed by an offender or another individual at a correctional facility or mental health facility ; or . (d) knowingly or intentionally possessed at a correctional or mental health facility. (b) A correctional facility may prohibit a communication device from being: (i) transported within the correctional facility for the purpose of being sold to an offender in the correctional facility; (ii) sold or given away to an offender in the correctional facility; or (iii) possessed by an offender or another individual at the correctional facility. (3) It is a defense to any a prosecution under related to this section if the accused in that the actor, in committing the act made criminal by this section with respect to: (a) a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy; (b) a correctional facility operated by a municipality, acted in conformity with the policy of the municipality; (c) a correctional facility operated by a county, acted in conformity with the policy of the county; or (d) a mental health facility, acted in conformity with the policy of the mental health facility. (4)(a) An individual who transports to or upon a correctional facility, or into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony. (b) An individual 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, or implement of escape is guilty of a second degree felony. (c) An offender who possesses at a correctional facility, or a detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony. (d) An individual 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, or implement of escape is guilty of a third degree felony. (e) An individual violates Section 76-10-306 who knowingly or intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or mental health facility. (5)(a) An individual 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) An individual 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) 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) An individual is guilty of a class A misdemeanor who, with the intent to directly or indirectly provide or sell any tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly: (i) transports, delivers, or distributes any tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of any correctional facility; (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another person to transport any tobacco product, electronic cigarette product, or nicotine product to an offender or on any correctional facility, if the person is acting with the mental state required for the commission of an offense; or (iii) facilitates, arranges, or causes the transport of any tobacco product, electronic cigarette product, or nicotine product in violation of this section to an offender or on the grounds of any correctional facility. (e) An individual is guilty of a class A misdemeanor who, without the permission of the 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. (f)(i)Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B misdemeanor who, without the permission of the authority operating the correctional facility, knowingly engages in any activity that would facilitate the possession of any contraband by an offender in a correctional facility. (ii)The provisions of Subsection (5)(d) regarding any tobacco product, electronic cigarette product, or nicotine product take precedence over this Subsection (5)(f).(g)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. (7)The department shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing any tobacco product, electronic cigarette product, or nicotine product to offenders is a class A misdemeanor. (4)(a) Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under Section 76-8-311.4, 76-8-311.6, 76-8-311.7, 76-8-311.8, 76-8-311.9, 76-8-311.10, or 76-8-311.11 for a violation of a policy or rule created under this section. (b) An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a correctional facility or a mental health facility may be punished under Section 76-10-306. (c) 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 charged under Title 58, Chapter 37, Utah Controlled Substances Act."; and (2) Section 76-8-311.11 be enacted to read: " 76-8-311.11. Prohibited communication device in a correctional facility. (1)(a) As used in this section: (i) "Communication device" means the same as that term is defined in Section 76-8-311.3 . (ii) "Correctional facility" means the same as that term is defined in Section 76-8-311.3 . (iii) "Offender" means the same as that term is defined in Section 76-8-311.3. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits prohibited communication device in a correctional facility if the actor, without the permission of the correctional facility: (a) knowingly transports a communication device into the correctional facility with the intent to provide or sell the communication device to an offender in the correctional facility; (b) provides or sells a communication device to an offender in the correctional facility; (c)(i) is an offender; and (ii) possesses a communication device in the correctional facility; or (d)(i) subject to Subsection (4), is an individual other than an offender; and (ii) knowingly possesses a communication device in the correctional facility. (3)(a) A violation of Subsection (2)(a), (b), or (c) is a third degree felony. (b) A violation of Subsection (2)(d) is a class A misdemeanor. (4)(a) A correctional facility that prohibits an individual other than an offender from possessing a communication device in the correctional facility under Subsection (2)(d) shall post a sign visible to an individual entering the correctional facility that provides the individual with notice that possessing a communication device in the correctional facility is prohibited and the individual may be prosecuted for possessing a communication device. (b) A prosecuting attorney may not prosecute an individual under Subsection (2)(d) if the correctional facility fails to comply with Subsection (4)(a).".