Bill Text: IA SF2105 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the possession of contraband in or on the grounds of a community-based correctional facility, and providing penalties. (See SF 2179.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-30 - Subcommittee recommends passage. [SF2105 Detail]

Download: Iowa-2017-SF2105-Introduced.html

---

Senate File 2105 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act relating to the possession of contraband in or on the
  2    grounds of a community=based correctional facility, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5699XS (4) 87
    jm/rh

PAG LIN



  1  1    Section 1.  Section 719.7, subsection 3, paragraphs a, b, and
  1  2 c, Code 2018, are amended to read as follows:
  1  3    a.  Knowingly introduces contraband into, or onto, the
  1  4 grounds of a secure facility for the detention or custody
  1  5 of juveniles, detention facility, jail, community=based
  1  6 correctional facility, correctional institution, or institution
  1  7 under the management of the department of corrections.
  1  8    b.  Knowingly conveys contraband to any person confined in
  1  9 a secure facility for the detention or custody of juveniles,
  1 10 detention facility, jail, community=based correctional
  1 11 facility, correctional institution, or institution under the
  1 12 management of the department of corrections.
  1 13    c.  Knowingly makes, obtains, or possesses contraband while
  1 14 confined in a secure facility for the detention or custody
  1 15 of juveniles, detention facility, jail, community=based
  1 16 correctional facility, correctional institution, or institution
  1 17 under the management of the department of corrections, or while
  1 18 being transported or moved incidental to confinement.
  1 19    Sec. 2.  Section 719.7, subsection 4, paragraph c, Code 2018,
  1 20 is amended to read as follows:
  1 21    c.  An aggravated misdemeanor for failing to report a
  1 22 known violation or attempted violation of this section to an
  1 23 official or officer at a secure facility for the detention or
  1 24 custody of juveniles, detention facility, jail, community=based
  1 25 correctional facility, correctional institution, or institution
  1 26 under the management of the department of corrections.
  1 27    Sec. 3.  Section 719.7, subsection 5, Code 2018, is amended
  1 28 to read as follows:
  1 29    5.  Nothing in this section is intended to limit the
  1 30 authority of the administrator of any secure facility for
  1 31 the detention or custody of juveniles, detention facility,
  1 32 jail, community=based correctional facility, correctional
  1 33 institution, or institution under the management of
  1 34 the department of corrections to prescribe or enforce
  1 35 rules concerning the definition of contraband, and the
  2  1 transportation, making, or possession of substances, devices,
  2  2 instruments, materials, or other items.
  2  3                           EXPLANATION
  2  4 The inclusion of this explanation does not constitute agreement with
  2  5 the explanation's substance by the members of the general assembly.
  2  6    This bill relates to the possession of contraband in or on
  2  7 the grounds of a community=based correctional facility, and
  2  8 provides penalties.
  2  9    The bill expands the facilities and institutions where a
  2 10 person may commit the criminal offense of possessing contraband
  2 11 to include a community=based correctional facility.
  2 12    "Contraband" is defined under current law to include
  2 13 controlled substances, intoxicating beverages, weapons,
  2 14 explosives, knives or other cutting devices, items that may be
  2 15 fashioned to cause death or injury, and items that may be used
  2 16 to facilitate an escape.
  2 17    A person commits a class "C" felony if the contraband is a
  2 18 weapon, a class "D" felony if the contraband is a controlled
  2 19 substance or intoxicating beverage, and an aggravated
  2 20 misdemeanor if the contraband is an item that may be used to
  2 21 facilitate an escape.  A person also commits an aggravated
  2 22 misdemeanor for failing to report a known violation or
  2 23 attempted violation involving contraband to an official or
  2 24 officer at a community=based correctional facility.
  2 25    The bill, in part, is a response to the Iowa supreme court's
  2 26 decision in State v. Halverson, 857 N.W.2d 632 (Iowa 2015),
  2 27 which held that a person illegally possessing a controlled
  2 28 substance at a community=based correctional facility does not
  2 29 commit the criminal offense of possessing contraband because
  2 30 a community=based correctional facility is not an institution
  2 31 under the control of the department of corrections.
  2 32    A class "C" felony is punishable by confinement for no more
  2 33 than 10 years and a fine of at least $1,000 but not more than
  2 34 $10,000. A class "D" felony is punishable by confinement for
  2 35 no more than five years and a fine of at least $750 but not
  3  1 more than $7,500. An aggravated misdemeanor is punishable by
  3  2 confinement for no more than two years and a fine of at least
  3  3 $625 but not more than $6,250.
       LSB 5699XS (4) 87
       jm/rh