76-8-311.3. Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.
(1) As used in this section: "Communication device" means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication, or another device that can be used to communicate electronically. "Controlled substance" means a substance defined as a controlled substance under Title 58, Chapter 37, Controlled Substances. "Correctional facility" means: a facility operated by or contracting with the Department of Corrections to house an offender in either a secure or nonsecure setting; a facility operated by a municipality or a county to house or detain an offender; a juvenile detention facility; or a building or grounds appurtenant to a facility or land granted to the state, municipality, or county for use as a correctional facility. "Dangerous weapon" means the same as that term is defined in Section. 76-11-101 "Electronic cigarette product" means the same as that term is defined in Section. 76-9-1101 "Firearm" means the same as that term is defined in Section. 76-11-101 "Medicine" means a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include a controlled substance as defined in Title 58, Chapter 37, Controlled Substances. "Mental health facility" means the same as that term is defined in Section. 26B-5-301 "Nicotine product" means the same as that term is defined in Section. 76-9-1101 "Offender" means an individual in custody at a correctional facility. "Secure area" means the same as that term is defined in Section. 76-8-311.1 "Tobacco product" means the same as that term is defined in Section. 76-9-1101 Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(2) Notwithstanding Section, a correctional facility or mental health facility may prohibit a firearm, ammunition, a dangerous weapon, an implement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison from being: 53-5a-102 transported to or within a correctional facility or mental health facility; sold or given away to an offender at a correctional facility or mental health facility; or possessed by an offender or another individual at a correctional facility or mental health facility. A correctional facility may prohibit a communication device from being: transported within the correctional facility for the purpose of being sold to an offender in the correctional facility; sold or given away to an offender in the correctional facility; or possessed by an offender or another individual at the correctional facility.
(3) It is a defense to a prosecution related to this section that the actor, in committing the act made criminal by this section with respect to: a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy; a correctional facility operated by a municipality, acted in conformity with the policy of the municipality; a correctional facility operated by a county, acted in conformity with the policy of the county; or a mental health facility, acted in conformity with the policy of the mental health facility.
(4) Except as provided by Subsectionor, an actor may be charged under Section,,,,,, orfor a violation of a policy or rule created under this section. (4)(b) (4)(c) 76-8-311.4 76-8-311.6 76-8-311.7 76-8-311.8 76-8-311.9 76-8-311.10 76-8-311.11 An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a correctional facility or a mental health facility may be punished under Sectionor. 76-15-210 76-15-211 The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be charged under Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances.
(5) Exemptions to a policy or rule created under this section may be granted for worship of Native American inmates in accordance with Section. 64-13-40