Senate File 2105 - Introduced SENATE FILE 2105 BY CHELGREN A BILL FOR An Act relating to the possession of contraband in or on the 1 grounds of a community-based correctional facility, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5699XS (4) 87 jm/rh

S.F. 2105 Section 1. Section 719.7, subsection 3, paragraphs a, b, and 1 c, Code 2018, are amended to read as follows: 2 a. Knowingly introduces contraband into, or onto, the 3 grounds of a secure facility for the detention or custody 4 of juveniles, detention facility, jail, community-based 5 correctional facility, correctional institution, or institution 6 under the management of the department of corrections. 7 b. Knowingly conveys contraband to any person confined in 8 a secure facility for the detention or custody of juveniles, 9 detention facility, jail, community-based correctional 10 facility, correctional institution, or institution under the 11 management of the department of corrections. 12 c. Knowingly makes, obtains, or possesses contraband while 13 confined in a secure facility for the detention or custody 14 of juveniles, detention facility, jail, community-based 15 correctional facility, correctional institution, or institution 16 under the management of the department of corrections, or while 17 being transported or moved incidental to confinement. 18 Sec. 2. Section 719.7, subsection 4, paragraph c, Code 2018, 19 is amended to read as follows: 20 c. An aggravated misdemeanor for failing to report a 21 known violation or attempted violation of this section to an 22 official or officer at a secure facility for the detention or 23 custody of juveniles, detention facility, jail, community-based 24 correctional facility, correctional institution, or institution 25 under the management of the department of corrections. 26 Sec. 3. Section 719.7, subsection 5, Code 2018, is amended 27 to read as follows: 28 5. Nothing in this section is intended to limit the 29 authority of the administrator of any secure facility for 30 the detention or custody of juveniles, detention facility, 31 jail, community-based correctional facility, correctional 32 institution, or institution under the management of 33 the department of corrections to prescribe or enforce 34 rules concerning the definition of contraband, and the 35 -1- LSB 5699XS (4) 87 jm/rh 1/ 3

S.F. 2105 transportation, making, or possession of substances, devices, 1 instruments, materials, or other items. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the possession of contraband in or on 6 the grounds of a community-based correctional facility, and 7 provides penalties. 8 The bill expands the facilities and institutions where a 9 person may commit the criminal offense of possessing contraband 10 to include a community-based correctional facility. 11 “Contraband” is defined under current law to include 12 controlled substances, intoxicating beverages, weapons, 13 explosives, knives or other cutting devices, items that may be 14 fashioned to cause death or injury, and items that may be used 15 to facilitate an escape. 16 A person commits a class “C” felony if the contraband is a 17 weapon, a class “D” felony if the contraband is a controlled 18 substance or intoxicating beverage, and an aggravated 19 misdemeanor if the contraband is an item that may be used to 20 facilitate an escape. A person also commits an aggravated 21 misdemeanor for failing to report a known violation or 22 attempted violation involving contraband to an official or 23 officer at a community-based correctional facility. 24 The bill, in part, is a response to the Iowa supreme court’s 25 decision in State v. Halverson, 857 N.W.2d 632 (Iowa 2015), 26 which held that a person illegally possessing a controlled 27 substance at a community-based correctional facility does not 28 commit the criminal offense of possessing contraband because 29 a community-based correctional facility is not an institution 30 under the control of the department of corrections. 31 A class “C” felony is punishable by confinement for no more 32 than 10 years and a fine of at least $1,000 but not more than 33 $10,000. A class “D” felony is punishable by confinement for 34 no more than five years and a fine of at least $750 but not 35 -2- LSB 5699XS (4) 87 jm/rh 2/ 3

S.F. 2105 more than $7,500. An aggravated misdemeanor is punishable by 1 confinement for no more than two years and a fine of at least 2 $625 but not more than $6,250. 3 -3- LSB 5699XS (4) 87 jm/rh 3/ 3