76-8-311.3 - Items prohibited in correctional and mental health facilities -- Penalties.
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 offendersunder this section or Title 58, Chapter 37, Utah Controlled Substances Act.
(b) "Controlled substance" means any substance defined as a controlled substance underTitle 58, Chapter 37, Utah Controlled Substances Act.
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to houseoffenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminaloffenders;
(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.
(d) "Electronic cigarette" is as defined in Section 76-10-101.
(e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,Chapter 37, Utah Controlled Substances Act.
(f) "Mental health facility" is as defined in Section 62A-15-602.
(g) "Offender" means a person in custody at a correctional facility.
(h) "Secure area" is as defined in Section 76-8-311.1.
(2) Notwithstanding Section 76-10-500, a correctional or mental health facility mayprovide 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 theact made criminal by this section with respect to:
(a) a correctional facility operated by the Department of Corrections, acted in conformitywith departmental rule or policy;
(b) a correctional facility operated by a municipality, acted in conformity with the policyof the municipality;
(c) a correctional facility operated by a county, acted in conformity with the policy of thecounty; or
(d) a mental health facility, acted in conformity with the policy of the mental healthfacility.
(4) (a) Any person who transports to or upon a correctional facility, or into a secure areaof a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escapewith 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 anydetainee 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) Any offender who possesses at a correctional facility, or any detainee who possessesat a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, orimplement of escape is guilty of a second degree felony.
(d) Any person who, without the permission of the authority operating the correctionalfacility or the secure area of a mental health facility, knowingly possesses at a correctionalfacility 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) Any person 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) A person is guilty of a third degree felony who, without the permission of theauthority operating the correctional facility or secure area of a mental health facility, knowinglytransports 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) A person is guilty of a third degree felony who knowingly violates correctional ormental health facility policy or rule by providing or selling to any offender at a correctionalfacility 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 ormental health facility policy or rule, possesses at a correctional facility or in a secure area of amental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers incompliance with facility policy; or
(iii) poison in any quantity.
(d) A person is guilty of a class A misdemeanor who, with the intent to directly orindirectly provide or sell any tobacco product or electronic cigarette to an offender, directly orindirectly:
(i) transports, delivers, or distributes any tobacco product or electronic cigarette to anoffender or on the grounds of any correctional facility;
(ii) solicits, requests, commands, coerces, encourages, or intentionally aids anotherperson to transport any tobacco product or electronic cigarette to an offender or on anycorrectional facility, if the person is acting with the mental state required for the commission ofan offense; or
(iii) facilitates, arranges, or causes the transport of any tobacco product or electroniccigarette in violation of this section to an offender or on the grounds of any correctional facility.
(e) A person is guilty of a class A misdemeanor who, without the permission of theauthority operating the correctional or mental health facility, fails to declare or knowinglypossesses 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) A person is guilty of a class B misdemeanor who, without the permission of theauthority operating the correctional facility, knowingly engages in any activity that wouldfacilitate the possession of any contraband by an offender in a correctional facility. Theprovisions of Subsection (5)(d) regarding any tobacco product or electronic cigarette takeprecedence over this Subsection (5)(f).
(g) Exemptions may be granted for worship for Native American inmates pursuant toSection 64-13-40.
(6) The possession, distribution, or use of a controlled substance at a correctional facilityor 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 AdministrativeRulemaking Act, to establish guidelines for providing written notice to visitors that providingany tobacco product or electronic cigarette to offenders is a class A misdemeanor.
Amended by Chapter 114, 2010 General Session