House Study Bill 128 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to possessing contraband or electronic 1 contraband at community-based correctional facilities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1852YC (2) 86 jm/rj

H.F. _____ Section 1. Section 719.7, subsections 3, 4, and 5, Code 1 2015, are amended to read as follows: 2 3. A person commits the offense of possessing contraband if 3 the person, not authorized by law, does any of the following: 4 a. Knowingly introduces contraband into, or onto, the 5 grounds of a secure facility for the detention or custody 6 of juveniles, detention facility, jail, community-based 7 correctional facility, correctional institution, or institution 8 under the management of the department of corrections. 9 b. Knowingly conveys contraband to any person confined in 10 a secure facility for the detention or custody of juveniles, 11 detention facility, jail, community-based correctional 12 facility, correctional institution, or institution under the 13 management of the department of corrections. 14 c. Knowingly makes, obtains, or possesses contraband while 15 confined in a secure facility for the detention or custody 16 of juveniles, detention facility, jail, community-based 17 correctional facility, correctional institution, or institution 18 under the management of the department of corrections, or while 19 being transported or moved incidental to confinement. 20 4. A person who possesses contraband or fails to report an 21 offense of possessing contraband commits the following: 22 a. A class “C” felony for the possession of contraband 23 if the contraband is of the type described in subsection 1 , 24 paragraph “b” . 25 b. A class “D” felony for the possession of contraband if 26 the contraband is any other type of contraband. 27 c. An aggravated misdemeanor for failing to report a 28 known violation or attempted violation of this section to an 29 official or officer at a secure facility for the detention or 30 custody of juveniles, detention facility, jail, community-based 31 correctional facility, correctional institution, or institution 32 under the management of the department of corrections. 33 5. Nothing in this section is intended to limit the 34 authority of the administrator of any secure facility for 35 -1- LSB 1852YC (2) 86 jm/rj 1/ 3

H.F. _____ the detention or custody of juveniles, detention facility, 1 jail, community-based correctional facility, correctional 2 institution, or institution under the management of 3 the department of corrections to prescribe or enforce 4 rules concerning the definition of contraband, and the 5 transportation, making, or possession of substances, devices, 6 instruments, materials, or other items. 7 Sec. 2. Section 719.7A, subsection 1, paragraph b, Code 8 2015, is amended to read as follows: 9 b. “Facility” means a county jail, municipal holding 10 facility, community-based correctional facility, or institution 11 under the management of the department of corrections. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to possessing contraband or electronic 16 contraband at a community-based correctional facility. 17 Under the bill, a person commits the criminal offense of 18 possessing contraband, if the person, not authorized by law, 19 knowingly introduces contraband into or onto the grounds 20 of a community-based correctional facility, or knowingly 21 conveys contraband to a person confined at such a facility, 22 or knowingly makes, obtains, or possesses contraband while 23 confined or being transported. The penalty is either a class 24 “C” felony or a class “D” felony depending on the contraband 25 involved in the offense. The bill also provides that if a 26 person fails to report a known contraband violation to an 27 official or officer of a community-based correctional facility, 28 the person commits an aggravated misdemeanor. Under current 29 law, a person commits the criminal offense of possessing 30 contraband if the violation occurs in or on the grounds of a 31 secure facility for the detention of juveniles, a detention 32 facility, jail, correctional institution, or institution under 33 the management of the department of corrections. 34 “Contraband” is defined in Code section 719.7(1) and 35 -2- LSB 1852YC (2) 86 jm/rj 2/ 3

H.F. _____ includes controlled substances, weapons, and items that could 1 be used to facilitate an escape. 2 Under the bill, a person commits the criminal offense of 3 possessing electronic contraband (cell phone), if the person, 4 not authorized by law, knowingly supplies or attempts to 5 supply electronic contraband to any person confined in a 6 community-based correctional facility, or knowingly makes, 7 obtains, or possesses electronic contraband while confined 8 or being transported. A person who violates this provision 9 commits a class “D” felony. The bill provides that if a person 10 fails to report a known electronic contraband violation to an 11 official or officer of a community-based correctional facility, 12 the person commits an aggravated misdemeanor. Under current 13 law, a person commits the criminal offense of possessing 14 electronic contraband if the violation occurs in or while being 15 transported or moved to or from a jail, municipal holding 16 facility, or institution under the management of the department 17 of corrections. 18 The bill, in part, is a response to the Iowa Supreme Court’s 19 decision in State v. Halverson, No. 13-0446, (Iowa 2015), 20 which held that a community-based correctional facility is 21 not an institution under the management of the department of 22 corrections. 23 -3- LSB 1852YC (2) 86 jm/rj 3/ 3