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PAG LIN
1 1 Section 1. Section 719.4, subsections 1 and 2, Code 1997,
1 2 are amended by striking the subsections and inserting in lieu
1 3 thereof the following:
1 4 1. As used in this section, "escape" means either of the
1 5 following:
1 6 a. To depart from detention or custody in a secure
1 7 facility for the detention or custody of juveniles or from
1 8 custody or from a jail, detention facility, community-based
1 9 corrections facility, correctional facility, or institution to
1 10 which the person has been committed by reason of the
1 11 conviction, charge, or arrest, or from the custody of any
1 12 public officer or employee to whom the person has been
1 13 entrusted, when the person knows that the person is not
1 14 permitted to leave custody or the correctional facility.
1 15 b. Failure to return to a secure facility for the
1 16 detention or custody of juveniles or a jail, detention
1 17 facility, community-based corrections facility, correctional
1 18 facility, or institution to which the person has been
1 19 committed by reason of the conviction, charge, or arrest, or
1 20 from the custody of any public officer or employee to whom the
1 21 person has been entrusted, following a temporary leave granted
1 22 for a specific purpose or for a limited period of time.
1 23 2. a. A person convicted of a felony, or charged with or
1 24 arrested for the commission of a felony who intentionally
1 25 escapes commits a class "C" felony.
1 26 b. A person convicted of, charged with, or arrested for a
1 27 misdemeanor who intentionally escapes commits an aggravated
1 28 misdemeanor.
1 29 Sec. 2. Section 719.7, Code 1997, is amended by striking
1 30 the section and inserting in lieu thereof the following:
1 31 719.7 PROMOTING OR POSSESSING CONTRABAND.
1 32 1. "Contraband" includes but is not limited to any of the
1 33 following:
1 34 a. A controlled substance or a simulated or counterfeit
1 35 controlled substance, hypodermic syringe, or intoxicant.
2 1 b. A dangerous weapon, offensive weapon, pneumatic gun,
2 2 stun gun, firearm ammunition, explosive or incendiary
2 3 material, or other material fashioned in such a manner as to
2 4 be capable of inflicting death or injury.
2 5 c. Rope, ladder components, key or key pattern, metal
2 6 file, or other instrument or device designed or intended to
2 7 facilitate escape of an inmate.
2 8 2. The sheriff, department of corrections, or department
2 9 of human services may x-ray a person under the control of the
2 10 department if there is reason to believe that the person is in
2 11 possession of contraband. A licensed physician or x-ray
2 12 technician under the supervision of a licensed physician must
2 13 x-ray the person.
2 14 3. A person commits the offense of promoting or possessing
2 15 contraband if the person, not authorized by law, does any of
2 16 the following:
2 17 a. Knowingly introduces contraband into, or onto the
2 18 grounds of, a secure facility for the detention or custody of
2 19 juveniles or a jail, detention facility, correctional
2 20 institution, or institution under the management of the
2 21 department of corrections.
2 22 b. Knowingly conveys contraband to any person confined in
2 23 a secure facility for the detention or custody of juveniles,
2 24 jail, detention facility, correctional institution, or
2 25 institution under the management of the department of
2 26 corrections.
2 27 c. Knowingly makes, obtains, or possesses contraband while
2 28 confined in a secure facility for the detention or custody of
2 29 juveniles, jail, detention facility, correctional institution,
2 30 or institution under the management of the department of
2 31 corrections or while being transported or moved incidental to
2 32 confinement.
2 33 4. A person who promotes or possesses contraband or fails
2 34 to report an offense of promoting or possessing contraband
2 35 commits the following:
3 1 a. A class "C" felony if the contraband is of the type
3 2 described in subsection 1, paragraph "b".
3 3 b. A class "D" felony if the contraband is any other type
3 4 of contraband.
3 5 c. An aggravated misdemeanor for failing to report a known
3 6 violation or attempted violation of this section to an
3 7 official or officer at the secure facility for the detention
3 8 or custody of juveniles, jail, detention facility,
3 9 correctional institution, or institution under the management
3 10 of the department of corrections.
3 11 5. Nothing in this section is intended to limit the
3 12 authority of the administrator of any secure facility for the
3 13 detention or custody of juveniles, jail, detention facility,
3 14 correctional institution, or institution under the management
3 15 of the department of corrections to prescribe or enforce rules
3 16 concerning the definition of contraband, and the
3 17 transportation, making, or possession of substances, objects,
3 18 materials, or items in the institutions or facilities.
3 19 Sec. 3. Section 719.8, Code 1997, is repealed.
3 20 EXPLANATION
3 21 This bill defines escape from detention, custody, or from a
3 22 correctional facility. Escape under this bill occurs when a
3 23 person, including a juvenile, in custody or detention, or in a
3 24 jail, detention facility, community-based corrections
3 25 facility, correctional facility, or institution leaves custody
3 26 or the facility when the person knows leaving is not permitted
3 27 or when the person fails to return to custody, detention, or
3 28 to a correctional facility after being granted leave from
3 29 custody or the facility.
3 30 The bill increases the penalty for escape by a person
3 31 convicted of a felony from a class "D" to a class "C" felony.
3 32 The penalty for a person convicted of a misdemeanor who
3 33 escapes is increased from a serious to an aggravated
3 34 misdemeanor.
3 35 This bill also establishes the offense of promoting or
4 1 possessing contraband. The bill strikes the current section
4 2 719.7 regarding furnishing intoxicants to inmates and repeals
4 3 section 719.8 regarding furnishing controlled substances to
4 4 inmates. Contraband is defined as items such as controlled
4 5 substances, intoxicants, weapons, explosives, or other items
4 6 which may be fashioned to cause death or injury, or items
4 7 which may be used to facilitate an escape.
4 8 Promoting or possessing contraband is committed when a
4 9 person without legal authorization to do so attempts to bring,
4 10 make, or possess contraband into a jail or a detention or
4 11 correctional facility, including a secure facility for the
4 12 detention or custody of juveniles. If the contraband is a
4 13 weapon or other item which may be fashioned to cause death or
4 14 injury, the person commits a class "C" felony. Any other
4 15 contraband subjects the person to a class "D" felony.
4 16 The bill authorizes the x-raying of a person under the
4 17 control of the sheriff, department of corrections, or
4 18 department of human services by a physician or licensed x-ray
4 19 technician to determine if the person possesses contraband.
4 20 The bill requires a person to report an attempt to promote
4 21 or possess contraband or the promotion or possession of
4 22 contraband to an official or officer at the detention or
4 23 correctional facility. Failure to report is an aggravated
4 24 misdemeanor.
4 25 The bill provides that the establishment of the offense of
4 26 promoting or possessing contraband does not limit the
4 27 authority of facility administrators to adopt rules regarding
4 28 the definition of contraband, and the introduction,
4 29 possession, or making of substances, objects, or other items.
4 30 This bill may create a state mandate under chapter 25B.
4 31 LSB 1121DP 77
4 32 lh/cf/24
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