HF 546 (LSB 1852HV (2) 86)

HOUSE FILE 546

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 128)

A BILL FOR

An Act relating to possessing contraband or electronic contraband at community-based correctional facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 719.7, subsections 3, 4, and 5, Code 2015, are amended to read as follows:
   3.  A person commits the offense of possessing contraband if the person, not authorized by law, does any of the following:
   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.
   4.  A person who possesses contraband or fails to report an offense of possessing contraband commits the following:
   a.  A class “C” felony for the possession of contraband if the contraband is of the type described in subsection 1, paragraph “b”.
   b.  A class “D” felony for the possession of contraband if the contraband is any other type of contraband.
   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.
   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.
    Sec. 2.  Section 719.7A, subsection 1, paragraph b, Code 2015, is amended to read as follows:
   b.  “Facility” means a county jail, municipal holding facility, community-based correctional facility, or institution under the management of the department of corrections.
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 possessing contraband or electronic contraband at a community-based correctional facility. 
   Under the bill, a person commits the criminal offense of possessing contraband, if the person, not authorized by law, knowingly introduces contraband into or onto the grounds of a community-based correctional facility, or knowingly conveys contraband to a person confined at such a facility, or knowingly makes, obtains, or possesses contraband while confined or being transported. The penalty is either a class “C” felony or a class “D” felony depending on the contraband involved in the offense. The bill also provides that if a person fails to report a known contraband violation to an official or officer of a community-based correctional facility, the person commits an aggravated misdemeanor. Under current law, a person commits the criminal offense of possessing contraband if the violation occurs in or on the grounds of a secure facility for the detention of juveniles, a detention facility, jail, correctional institution, or institution under the management of the department of corrections.
   “Contraband” is defined in Code section 719.7(1) and includes controlled substances, weapons, and items that could be used to facilitate an escape.
   Under the bill, a person commits the criminal offense of possessing electronic contraband (cell phone), if the person, not authorized by law, knowingly supplies or attempts to supply electronic contraband to any person confined in a community-based correctional facility, or knowingly makes, obtains, or possesses electronic contraband while confined or being transported. A person who violates this provision commits a class “D” felony. The bill provides that if a person fails to report a known electronic contraband violation to an official or officer of a community-based correctional facility, the person commits an aggravated misdemeanor. Under current law, a person commits the criminal offense of possessing electronic contraband if the violation occurs in or while being transported or moved to or from a jail, municipal holding facility, or institution under the management of the department of corrections.
   The bill, in part, is a response to the Iowa Supreme Court’s decision in State v. Halverson, No. 13-0446, (Iowa 2015), which held that a community-based correctional facility is not an institution under the management of the department of corrections.