SF 2179 (LSB 5699SV (1) 87)

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 grounds of a community-based correctional facility, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 719.7, subsection 3, paragraphs a, b, and c, Code 2018, are amended to read as follows:
   a.  Knowingly introduces contraband into, or onto, the grounds of a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
   b.  Knowingly conveys contraband to any person confined in a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
   c.  Knowingly makes, obtains, or possesses contraband while confined in a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections, or while being transported or moved incidental to confinement.
    Sec. 2.  Section 719.7, subsection 4, paragraph c, Code 2018, is amended to read as follows:
   c.  An aggravated misdemeanor for failing to report a known violation or attempted violation of this section to an official or officer at a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.
    Sec. 3.  Section 719.7, subsection 5, Code 2018, is amended to read as follows:
   5.  Nothing in this section is intended to limit the authority of the administrator of any secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections to prescribe or enforce rules concerning the definition of contraband, and the transportation, making, or possession of substances, devices, instruments, materials, or other items.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the possession of contraband in or on the grounds of a community-based correctional facility, and provides penalties.
   The bill expands the facilities and institutions where a person may commit the criminal offense of possessing contraband to include a community-based correctional facility.
   “Contraband” is defined under current law to include controlled substances, intoxicating beverages, weapons, explosives, knives or other cutting devices, items that may be fashioned to cause death or injury, and items that may be used to facilitate an escape. 
   A person commits a class “C” felony if the contraband is a weapon, a class “D” felony if the contraband is a controlled substance or intoxicating beverage, and an aggravated misdemeanor if the contraband is an item that may be used to facilitate an escape. A person also commits an aggravated misdemeanor for failing to report a known violation or attempted violation involving contraband to an official or officer at a community-based correctional facility.
   The bill, in part, is a response to the Iowa supreme court’s decision in State v. Halverson, 857 N.W.2d 632 (Iowa 2015), which held that a person illegally possessing a controlled substance at a community-based correctional facility does not commit the criminal offense of possessing contraband because a community-based correctional facility is not an institution under the control of the department of corrections.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.