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

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(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, Utah Controlled Substances Act.

(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 76-10-501.

(v) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101.

(vi) “Firearm” means the same as that term is defined in Section 76-10-501.

(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, Utah Controlled Substances Act.

(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 76-10-101.

(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 76-10-101.

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

(2)(a) Notwithstanding Section 76-10-500, 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.

(4)(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 76-10-306.

(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 Title 58, Chapter 37, Utah Controlled Substances Act.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-311.3. Establishment of prohibited item policy in a correctional or mental health facility--Reference to penalty provisions--Exceptions--Rulemaking - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-311-3/

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