HSB 510 (LSB 5449XD (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to the possession of contraband in department of corrections facilities, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 719.7, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Any punishment imposed under this section upon an inmate of a correctional institution specified in section 904.102 shall be served consecutively to the sentence being served by the inmate at the time of the violation.
    Sec. 2.  Section 719.7A, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Any punishment imposed under this section upon an inmate of a correctional institution specified in section 904.102 shall be served consecutively to the sentence being served by the inmate at the time of the violation.
    Sec. 3.  NEW SECTION.  719.7B  Restricted or disruptive contraband —— criminal penalties.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Facility” means a county jail, municipal holding facility, or institution under the management of the department of corrections.
   b.  (1)  “Restricted or disruptive contraband” means any object, material, substance, or article that is not inherently illegal to possess under the laws of this state but that is prohibited by the facility due to the threat it poses to the order, discipline, or security of the facility, or to the life, health, or safety of an individual.
   (2)  “Restricted or disruptive contraband” includes but is not limited to any of the following:
   (a)  Tobacco, tobacco products, or electronic smoking devices.
   (b)  Money, currency, negotiable instruments, or other items of value.
   (c)  Cellular telephones, electronic communication devices, or any component thereof, unless otherwise prosecuted under section 719.7A.
   (d)  Synthetic cannabinoids or synthetic cannabinoid derivatives, whether or not listed as a controlled substance under chapter 124, unless otherwise prosecuted under section 719.7.
   (e)  Pornographic or sexually explicit materials as defined by institutional policy.
   (f)  Any other item designated as restricted or disruptive contraband by the facility.
   2.  A person commits the offense of possessing restricted or disruptive contraband under this section if the person, not authorized by law or facility policy, does any of the following:
   a.  Knowingly introduces, supplies, or attempts to supply restricted or disruptive contraband to any person confined in a correctional facility or jail, or to any person confined while being transported or moved incidental to confinement.
   b.  Knowingly makes, obtains, or possesses restricted or disruptive contraband while confined in a correctional facility or jail, or while being transported or moved incidental to confinement.
   3.  A person who possesses restricted or disruptive contraband commits a class “D” felony.
   4.  a.  A person commits the offense of failing to report restricted or disruptive contraband when the person fails to report a known violation or attempted violation of this section to an official or officer at a facility.
   b.  A person who violates this subsection commits an aggravated misdemeanor.
   5.  Any punishment imposed under this section upon an inmate of a correctional institution specified in section 904.102 shall be served consecutively to the sentence being served by the inmate at the time of the violation.
   6.  A sheriff, a supervising law enforcement agency, or the department of corrections may authorize taking an X ray of a person under its control if there is reason to believe that the person is in possession of restricted or disruptive contraband. A licensed physician or x-ray technician under the supervision of a licensed physician shall x-ray the person.
   7.  Nothing in this section is intended to limit the authority of the administrator of any facility to prescribe or enforce rules concerning the definition of restricted or disruptive contraband, and the supplying, making, obtaining, or possession of restricted or disruptive contraband.
   8.  This section shall not be construed to limit or restrict the offenses provided in section 719.7 or 719.7A.
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 the possession of contraband in department of corrections facilities.
   The bill provides that any punishment for the possession of contraband by an inmate of a facility under the control of the department of corrections shall be served consecutively to the sentence being served by the inmate at the time of the violation.
   The bill adds a new category of restricted or disruptive contraband. “Restricted or disruptive contraband” means any object, material, substance, or article that is not inherently illegal to possess under the laws of the state but that is prohibited by the facility due to the threat it poses to the order, discipline, or security of the facility, or to the life, health, or safety of an individual. “Restricted or disruptive contraband” includes but is not limited to tobacco, tobacco products, or electronic smoking devices; money, currency, negotiable instruments, or other items of value; cellular telephones, electronic communication devices, or any component thereof, unless otherwise prosecuted under Code section 719.7A; synthetic cannabinoids or synthetic cannabinoid derivatives, whether or not listed as a controlled substance under Code chapter 124, unless otherwise prosecuted under Code section 719.7; pornographic or sexually explicit materials as defined by institutional policy; and any other item designated as restricted or disruptive contraband by the facility.
   The bill authorizes taking an X ray of a person under the control of a facility if there is reason to believe that the person is in possession of restricted or disruptive contraband. A licensed physician or x-ray technician under the supervision of a licensed physician shall x-ray the person.
   A person who possesses restricted or disruptive contraband commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill provides that a person commits the offense of failing to report restricted or disruptive contraband when the person fails to report a known violation or attempted violation to an official or officer at a facility. A person who violates this provision commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.