Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 26 First Substitute (2024GS)

Sponsor

Rep. Burton, J.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• makes it a crime to transport, provide, sell, or possess a communication device at a correctional facility in violation of facility policy; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CORRECTIONAL FACILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote: 10 voting for 0 voting against 8 absent
General Description:
This bill enacts provisions related to communication devices in correctional facilities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes it a crime to transport, provide, sell, or possess a communication device at a
correctional facility in violation of facility policy; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-311.3
, as last amended by Laws of Utah 2023, Chapter 330
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-8-311.3
 is amended to read:
76-8-311.3.
Items prohibited in correctional and mental health facilities --
Penalties.
(1) As used in this section:
(a) 
"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.
(b)
 "Contraband" means [
any
] 
an
 item not specifically prohibited for possession by
offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
[
(b)
] 
(c)
 "Controlled substance" means any substance defined as a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
[
(c)
] 
(d)
 "Correctional facility" means:
(i) [
any
] 
a
 facility operated by or contracting with the Department of Corrections to
house [
offenders
] 
an offender
 in either a secure or nonsecure setting;
(ii) [
any
] 
a
 facility operated by a municipality or a county to house or detain [
criminal
offenders
] 
an offender
;
(iii) [
any
] 
a
 juvenile detention facility; [
and
] 
or
(iv) [
any
] 
a
 building or grounds appurtenant to [
the
] 
a
 facility or [
lands
] 
land
 granted to
the state, municipality, or county for use as a correctional facility.
[
(d)
] 
(e)
 "Electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
[
(e)
] 
(f)
 "Medicine" means [
any
] 
a
 prescription drug as defined in Title 58, Chapter
17b, Pharmacy Practice Act, but does not include [
any
] 
a
 controlled [
substances
] 
substance
 as
defined in Title 58, Chapter 37, Utah Controlled Substances Act.
[
(f)
] 
(g)
 "Mental health facility" means the same as that term is defined in Section
26B-5-301
.
[
(g)
] 
(h)
 "Nicotine product" means the same as that term is defined in Section
76-10-101
.
[
(h)
] 
(i)
 "Offender" means [
a person
] 
an individual
 in custody at a correctional facility.
[
(i)
] 
(j)
 "Secure area" means the same as that term is defined in Section 
76-8-311.1
.
[
(j)
] 
(k)
 "Tobacco product" means the same as that term is defined in Section
76-10-101
.
(2) 
(a)
 Notwithstanding Section 
76-10-500
, a correctional 
facility
 or mental health
facility may [
provide by rule that no
] 
prohibit a
 firearm, ammunition, 
a
 dangerous weapon, 
an
implement of escape, 
an
 explosive, 
a
 controlled substance, spirituous or fermented liquor,
medicine, or poison [
in any quantity may be
] 
from being
:
[
(a)
] 
(i)
 transported to or [
upon
] 
within
 a correctional 
facility
 or mental health facility;
[
(b)
] 
(ii)
 sold or [
given away at any
] 
provided to an offender at a
 correctional 
facility
 or
mental health facility; 
or
[
(c)
] 
(iii)
 [
given to or used by any offender
] 
possessed by an offender or another
individual
 at a correctional 
facility
 or mental health facility[
; or
]
.
[
(d) knowingly or intentionally possessed at a correctional or mental health facility.
]
(b) A correctional facility may prohibit a communication device from being:
(i) transported to or within the correctional facility for the purpose of being sold or
provided to an offender in the correctional facility;
(ii) sold or provided to an offender in the correctional facility; or
(iii) possessed by an offender or another individual at the correctional facility.
(3) It is a defense to [
any
] 
a
 prosecution under this section if the accused in committing
the act made criminal by this section with respect to:
(a) a correctional facility operated by the Department of Corrections, acted in
conformity with departmental rule or policy;
(b) a correctional facility operated by a municipality, acted in conformity with the
policy of the municipality;
(c) a correctional facility operated by a county, acted in conformity with the policy of
the county; or
(d) a mental health facility, acted in conformity with the policy of the mental health
facility.
(4) (a) An individual who transports to or upon a correctional facility, or into a secure
area of a mental health facility, [
any
] 
a
 firearm, ammunition, 
a
 dangerous weapon, or 
an
implement of escape with intent to provide or sell it to [
any
] 
an
 offender, is guilty of a second
degree felony.
(b) An individual who provides or sells to [
any
] 
an
 offender at a correctional facility, or
[
any
] 
a
 detainee at a secure area of a mental health facility, [
any
] 
a
 firearm, ammunition, 
a
dangerous weapon, or 
an
 implement of escape is guilty of a second degree felony.
(c) An offender who possesses at a correctional facility, or a detainee who possesses at
a secure area of a mental health facility, [
any
] 
a
 firearm, ammunition, 
a
 dangerous weapon, or
an
 implement of escape is guilty of a second degree felony.
(d) An individual who, without the permission of the authority operating the
correctional facility or the secure area of a mental health facility, knowingly possesses at a
correctional facility or a secure area of a mental health facility [
any
] 
a
 firearm, ammunition, 
a
dangerous weapon, or 
an
 implement of escape is guilty of a third degree felony.
(e) An individual violates Section 
76-10-306
 who knowingly or intentionally
transports, possesses, distributes, or sells [
any
] 
an
 explosive in a correctional facility or mental
health facility.
(5) (a) An individual is guilty of a third degree felony who, without the permission of
the authority operating the correctional facility or secure area of a mental health facility,
knowingly transports [
to or upon a correctional facility or into a secure area of a mental health
facility any
]:
(i) 
a communication device to or within a correctional facility with the intent to
provide or sell the communication device to an offender in the correctional facility;
(ii)
 spirituous or fermented liquor 
to or within a correctional facility or a secure area of
a mental health facility
;
[
(ii)
] 
(iii)
 medicine 
to or within a correctional facility or a secure area of a mental
health facility
[
,
] whether or not lawfully prescribed for [
the
] 
an
 offender 
or detainee
; or
[
(iii)
] 
(iv)
 poison [
in any quantity
] 
to or within a correctional facility or a secure area of
a mental health facility
.
(b) An individual is guilty of a third degree felony who knowingly violates correctional
or mental health facility policy or rule by providing or selling [
to any offender at a correctional
facility or detainee within a secure area of a mental health facility any
]:
(i) 
a communication device to an offender at a correctional facility;
(ii)
 spirituous or fermented liquor 
to an offender at a correctional facility or a detainee
within a secure area of a mental health facility
;
[
(ii)
] 
(iii)
 medicine[
,
] 
to an offender at a correctional facility or detainee within a
secure area of a mental facility
 whether or not 
the medicine is
 lawfully prescribed for the
offender; or
[
(iii)
] 
(iv)
 poison [
in any quantity
] 
to an offender at a correctional facility or a detainee
within a secure area of a mental health facility
.
(c) An [
inmate
] 
offender
 is guilty of a third degree felony who, in violation of
correctional or mental health facility policy or rule, possesses [
at a correctional facility or in a
secure area of a mental health facility any
]:
(i) 
a communication device at a correctional facility;
(ii)
 spirituous or fermented liquor 
at a correctional facility or in a secure area of a
mental health facility
;
[
(ii)
] 
(iii)
 medicine 
at a correctional facility or in a secure area of a mental health
facility
[
,
] other than medicine provided by the facility's health care providers in compliance
with facility policy; or
[
(iii)
] 
(iv)
 poison [
in any quantity
] 
at a correctional facility or in a secure area of a
mental health facility
.
(d) An individual is guilty of a class A misdemeanor who, with the intent to directly or
indirectly provide or sell [
any
] 
a
 tobacco product, electronic cigarette product, or nicotine
product to an offender, directly or indirectly:
(i) transports, delivers, or distributes any tobacco product, electronic cigarette product,
or nicotine product to an offender or on the grounds of any correctional facility;
(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
person to transport any tobacco product, electronic cigarette product, or nicotine product to an
offender or on any correctional facility, if the person is acting with the mental state required for
the commission of an offense; or
(iii) facilitates, arranges, or causes the transport of any tobacco product, electronic
cigarette product, or nicotine product in violation of this section to an offender or on the
grounds of any correctional facility.
(e) An individual
, other than an offender,
 is guilty of a class A misdemeanor who,
without the permission of the authority operating the correctional or mental health facility,
[
fails to declare or
] knowingly possesses [
at a correctional facility or in a secure area of a
mental health facility any
]:
(i) 
subject to Subsection (7), a communication device at a correctional facility;
(ii)
 spirituous or fermented liquor 
at a correctional facility or in a secure area of a
mental health facility
;
[
(ii)
] 
(iii)
 medicine 
at a correctional facility or in a secure area of a mental health
facility
; or
[
(iii)
] 
(iv)
 poison [
in any quantity
] 
at a correctional facility or in a secure area of a
mental health facility
.
(f) (i) Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B
misdemeanor who, without the permission of the authority operating the correctional facility,
knowingly engages in any activity that would facilitate the possession of any contraband by an
offender in a correctional facility.
(ii) The provisions of Subsection (5)(d) regarding any tobacco product, electronic
cigarette product, or nicotine product take precedence over this Subsection (5)(f).
(g) Exemptions may be granted for worship for Native American inmates pursuant to
Section 
64-13-40
.
(6) 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 prosecuted in accordance with
Title 58, Chapter 37, Utah Controlled Substances Act.
(7) (a) A correctional facility that prohibits an individual other than an offender from
possessing a communication device in the correctional facility under Subsection (5)(e)(i) shall
post a sign visible to an individual entering the correctional facility that provides the individual
with notice that possessing a communication device in the correctional facility is prohibited
and the individual may be prosecuted for possessing a communication device.
(b) A prosecuting attorney may not prosecute an individual under Subsection (5)(e)(i)
if the correctional facility fails to comply with Subsection (7)(a).
[
(7)
] 
(8)
 The department shall make rules under Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors
that providing any tobacco product, electronic cigarette product, or nicotine product to
offenders is a class A misdemeanor.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.