76-8-311.3. Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.

703 words·~3 min read·/ut/title-76/chapter-8/76-8-311-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)As used in this section:

(i)"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.

(ii)"Controlled substance" means a substance defined as a controlled substance under Title 58, Chapter 37, Controlled Substances.

(iii)"Correctional facility" means:

(A)a facility operated by or contracting with the Department of Corrections to house an offender in either a secure or nonsecure setting;

(B)a facility operated by a municipality or a county to house or detain an offender;

(C)a juvenile detention facility; or

(D)a building or grounds appurtenant to a facility or land granted to the state, municipality, or county for use as a correctional facility.

(iv)"Dangerous weapon" means the same as that term is defined in Section 76-11-101 .

(v)"Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 .

(vi)"Firearm" means the same as that term is defined in Section 76-11-101 .

(vii)"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.

(viii)"Mental health facility" means the same as that term is defined in Section 26B-5-301 .

(ix)"Nicotine product" means the same as that term is defined in Section 76-9-1101 .

(x)"Offender" means an individual in custody at a correctional facility.

(xi)"Secure area" means the same as that term is defined in Section 76-8-311.1 .

(xii)"Tobacco product" means the same as that term is defined in Section 76-9-1101 .

(b)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(a)Notwithstanding Section 53-5a-102 , 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:

(i)transported to or within a correctional facility or mental health facility;

(ii)sold or given away to an offender at a correctional facility or mental health facility; or

(iii)possessed by an offender or another individual at a correctional facility or mental health facility.

(b)A correctional facility may prohibit a communication device from being:

(i)transported within the correctional facility for the purpose of being sold to an offender in the correctional facility;

(ii)sold or given away 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 a prosecution related to this section that the actor, 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.

(a)Except as provided by Subsection (4)(b) or (4)(c) , an actor may be charged under Section 76-8-311.4 , 76-8-311.6 , 76-8-311.7 , 76-8-311.8 , 76-8-311.9 , 76-8-311.10 , or 76-8-311.11 for a violation of a policy or rule created under this section.

(b)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 Section 76-15-210 or 76-15-211 .

(c)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 .

Amended by Chapter 362 , 2026 General Session