76-8-311.8. Prohibited substance in correctional or mental health facility.
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/ut/title-76/chapter-8/76-8-311-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-311.8. Prohibited substance in correctional or mental health facility.
(a)As used in this section:
(i)"Correctional facility" means the same as that term is defined in Section 76-8-311.3 .
(ii)"Medicine" means the same as that term is defined in Section 76-8-311.3 .
(iii)"Mental health facility" means the same as that term is defined in Section 76-8-311.3 .
(iv)"Offender" means the same as that term is defined in Section 76-8-311.3 .
(v)"Prohibited substance" means:
(A)spirituous or fermented liquor;
(B)medicine, whether or not lawfully prescribed for an offender or a detainee; or
(C)poison in any quantity.
(b)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits prohibited substance in a correctional or mental health facility if the actor:
(a)without the permission of the authority operating the correctional facility or secure area of a mental health facility:
(i)knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or
(ii)fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;
(b)knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or
(i)is a detainee in a mental health facility or an offender; and
(ii)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 a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy.
(a)Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.
(b)Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
(4)The defenses provided in Section 76-8-311.3 apply to this section.
Enacted by Chapter 96 , 2024 General Session