Senate
File
2179
-
Introduced
SENATE
FILE
2179
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2105)
A
BILL
FOR
An
Act
relating
to
the
possession
of
contraband
in
or
on
the
1
grounds
of
a
community-based
correctional
facility,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2179
Section
1.
Section
719.7,
subsection
3,
paragraphs
a,
b,
and
1
c,
Code
2018,
are
amended
to
read
as
follows:
2
a.
Knowingly
introduces
contraband
into,
or
onto,
the
3
grounds
of
a
secure
facility
for
the
detention
or
custody
4
of
juveniles,
detention
facility,
jail,
community-based
5
correctional
facility,
correctional
institution,
or
institution
6
under
the
management
of
the
department
of
corrections.
7
b.
Knowingly
conveys
contraband
to
any
person
confined
in
8
a
secure
facility
for
the
detention
or
custody
of
juveniles,
9
detention
facility,
jail,
community-based
correctional
10
facility,
correctional
institution,
or
institution
under
the
11
management
of
the
department
of
corrections.
12
c.
Knowingly
makes,
obtains,
or
possesses
contraband
while
13
confined
in
a
secure
facility
for
the
detention
or
custody
14
of
juveniles,
detention
facility,
jail,
community-based
15
correctional
facility,
correctional
institution,
or
institution
16
under
the
management
of
the
department
of
corrections,
or
while
17
being
transported
or
moved
incidental
to
confinement.
18
Sec.
2.
Section
719.7,
subsection
4,
paragraph
c,
Code
2018,
19
is
amended
to
read
as
follows:
20
c.
An
aggravated
misdemeanor
for
failing
to
report
a
21
known
violation
or
attempted
violation
of
this
section
to
an
22
official
or
officer
at
a
secure
facility
for
the
detention
or
23
custody
of
juveniles,
detention
facility,
jail,
community-based
24
correctional
facility,
correctional
institution,
or
institution
25
under
the
management
of
the
department
of
corrections.
26
Sec.
3.
Section
719.7,
subsection
5,
Code
2018,
is
amended
27
to
read
as
follows:
28
5.
Nothing
in
this
section
is
intended
to
limit
the
29
authority
of
the
administrator
of
any
secure
facility
for
30
the
detention
or
custody
of
juveniles,
detention
facility,
31
jail,
community-based
correctional
facility,
correctional
32
institution,
or
institution
under
the
management
of
33
the
department
of
corrections
to
prescribe
or
enforce
34
rules
concerning
the
definition
of
contraband,
and
the
35
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2179
transportation,
making,
or
possession
of
substances,
devices,
1
instruments,
materials,
or
other
items.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
possession
of
contraband
in
or
on
6
the
grounds
of
a
community-based
correctional
facility,
and
7
provides
penalties.
8
The
bill
expands
the
facilities
and
institutions
where
a
9
person
may
commit
the
criminal
offense
of
possessing
contraband
10
to
include
a
community-based
correctional
facility.
11
“Contraband”
is
defined
under
current
law
to
include
12
controlled
substances,
intoxicating
beverages,
weapons,
13
explosives,
knives
or
other
cutting
devices,
items
that
may
be
14
fashioned
to
cause
death
or
injury,
and
items
that
may
be
used
15
to
facilitate
an
escape.
16
A
person
commits
a
class
“C”
felony
if
the
contraband
is
a
17
weapon,
a
class
“D”
felony
if
the
contraband
is
a
controlled
18
substance
or
intoxicating
beverage,
and
an
aggravated
19
misdemeanor
if
the
contraband
is
an
item
that
may
be
used
to
20
facilitate
an
escape.
A
person
also
commits
an
aggravated
21
misdemeanor
for
failing
to
report
a
known
violation
or
22
attempted
violation
involving
contraband
to
an
official
or
23
officer
at
a
community-based
correctional
facility.
24
The
bill,
in
part,
is
a
response
to
the
Iowa
supreme
court’s
25
decision
in
State
v.
Halverson,
857
N.W.2d
632
(Iowa
2015),
26
which
held
that
a
person
illegally
possessing
a
controlled
27
substance
at
a
community-based
correctional
facility
does
not
28
commit
the
criminal
offense
of
possessing
contraband
because
29
a
community-based
correctional
facility
is
not
an
institution
30
under
the
control
of
the
department
of
corrections.
31
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
32
than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
than
33
$10,000.
A
class
“D”
felony
is
punishable
by
confinement
for
34
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
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more
than
$7,500.
An
aggravated
misdemeanor
is
punishable
by
1
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
2
$625
but
not
more
than
$6,250.
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