Text: SSB02029 Text: SSB02031 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 719.7, Code 1995, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 719.7 PROMOTING OR POSSESSING CONTRABAND. 1 5 1. "Contraband" includes but is not limited to any of the 1 6 following: 1 7 a. A controlled substance or a simulated or counterfeit 1 8 controlled substance, hypodermic syringe, or intoxicant. 1 9 b. A dangerous weapon, offensive weapon, pneumatic gun, 1 10 stun gun, firearm ammunition, explosive or incendiary 1 11 material, or other material fashioned in such a manner as to 1 12 be capable of inflicting death or injury. 1 13 c. Rope, ladder components, key or key pattern, metal 1 14 file, or other instrument or device designed or intended to 1 15 facilitate escape of an inmate. 1 16 2. The sheriff, department of corrections, or department 1 17 of human services may x-ray a person under the control of the 1 18 department if there is reason to believe that the person is in 1 19 possession of contraband. A licensed physician or x-ray 1 20 technician under the supervision of a licensed physician must 1 21 x-ray the person. 1 22 3. A person commits the offense of promoting or possessing 1 23 contraband if the person, not authorized by law, does any of 1 24 the following: 1 25 a. Knowingly introduces contraband into, or onto the 1 26 grounds of, a secure facility for the detention or custody of 1 27 juveniles or a jail, detention facility, correctional 1 28 institution, or institution under the management of the 1 29 department of corrections. 1 30 b. Knowingly conveys contraband to any person confined in 1 31 a secure facility for the detention or custody of juveniles, 1 32 jail, detention facility, correctional institution, or 1 33 institution under the management of the department of 1 34 corrections. 1 35 c. Knowingly makes, obtains, or possesses contraband while 2 1 confined in a secure facility for the detention or custody of 2 2 juveniles, jail, detention facility, correctional institution, 2 3 or institution under the management of the department of 2 4 corrections or while being transported or moved incidental to 2 5 confinement. 2 6 4. A person who promotes or possesses contraband or fails 2 7 to report an offense of promoting or possessing contraband 2 8 commits the following: 2 9 a. A class "C" felony if the contraband is of the type 2 10 described in subsection 1, paragraph "b". 2 11 b. A class "D" felony if the contraband is any other type 2 12 of contraband. 2 13 c. An aggravated misdemeanor for failing to report a known 2 14 violation or attempted violation of this section to an 2 15 official or officer at the secure facility for the detention 2 16 or custody of juveniles, jail, detention facility, 2 17 correctional institution, or institution under the management 2 18 of the department of corrections. 2 19 5. Nothing in this section is intended to limit the 2 20 authority of the administrator of any secure facility for the 2 21 detention or custody of juveniles, jail, detention facility, 2 22 correctional institution, or institution under the management 2 23 of the department of corrections to prescribe or enforce rules 2 24 concerning the definition of contraband, and the 2 25 transportation, making, or possession of substances, objects, 2 26 materials, or items in the institutions or facilities. 2 27 Sec. 2. Section 719.8, Code 1995, is repealed. 2 28 EXPLANATION 2 29 This bill establishes the offense of promoting or 2 30 possessing contraband. The bill strikes the current section 2 31 719.7 regarding furnishing intoxicants to inmates and repeals 2 32 section 719.8 regarding furnishing controlled substances to 2 33 inmates. Contraband is defined as items such as controlled 2 34 substances, intoxicants, weapons, explosives, or other items 2 35 which may be fashioned to cause death or injury, or items 3 1 which may be used to facilitate an escape. 3 2 Promoting or possessing contraband is committed when a 3 3 person without legal authorization to do so attempts to bring, 3 4 make, or possess contraband into a jail or a detention or 3 5 correctional facility, including a secure facility for the 3 6 detention or custody of juveniles. If the contraband is a 3 7 weapon or other item which may be fashioned to cause death or 3 8 injury, the person commits a class "C" felony. Any other 3 9 contraband subjects the person to a class "D" felony. 3 10 The bill authorizes the x-raying of a person under the 3 11 control of the sheriff, department of corrections, or 3 12 department of human services by a physician or licensed x-ray 3 13 technician to determine if the person possesses contraband. 3 14 The bill also requires a person to report an attempt to 3 15 promote or possess contraband or the promotion or possession 3 16 of contraband to an official or officer at the detention or 3 17 correctional facility. Failure to report is an aggravated 3 18 misdemeanor. 3 19 The bill further provides that the establishment of the 3 20 offense of promoting or possessing contraband does not limit 3 21 the authority of facility administrators to adopt rules 3 22 regarding the definition of contraband, and the introduction, 3 23 possession, or making of substances, objects, or other items. 3 24 BACKGROUND STATEMENT 3 25 SUBMITTED BY THE AGENCY 3 26 Possession and use of contraband items within the state 3 27 juvenile, jail, or prison facilities poses a serious security 3 28 and safety threat. 3 29 While the present law provides that it is a crime to 3 30 provide contraband to criminals, it does not expressly 3 31 prohibit possession of contraband. Currently cases are 3 32 prosecuted as aiding and abetting under the provision of 3 33 contraband sections. This complexity could be avoided by 3 34 clearly making possession a crime. 3 35 This proposal is based on an Arizona statute that addresses 4 1 the provision or possession of contraband in a straightforward 4 2 manner. This proposal addresses four situations: 4 3 1. Introducing contraband into a secure juvenile facility, 4 4 jail, or prison. 4 5 2. Conveying contraband to any person confined in a secure 4 6 juvenile facility, jail, or prison. 4 7 3. Possessing contraband while being confined or being 4 8 transported or moved incidental to secure juvenile detention 4 9 or custody or jail or prison confinement. 4 10 4. Failure to report the possession of contraband. 4 11 In addition, this proposal gives the department of 4 12 corrections and the department of human services the authority 4 13 to use X rays upon persons under the control of either 4 14 department where there is reason to believe the inmate may be 4 15 in possession of contraband. This issue is specifically 4 16 related to the situation that occurs in visiting rooms of some 4 17 of the institutions where an inmate may swallow a balloon of 4 18 controlled substances that may be provided by a visitor to the 4 19 institution. 4 20 LSB 3347XD 76 4 21 mk/cf/24.1
Text: SSB02029 Text: SSB02031 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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