Bill Text: IA HF546 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to possessing contraband or electronic contraband at community-based correctional facilities. (Formerly HSB 128)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2015-04-03 - Referred to Judiciary. H.J. 753. [HF546 Detail]
Download: Iowa-2015-HF546-Introduced.html
House File 546 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 128) A BILL FOR 1 An Act relating to possessing contraband or electronic 2 contraband at community=based correctional facilities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1852HV (2) 86 jm/rj PAG LIN 1 1 Section 1. Section 719.7, subsections 3, 4, and 5, Code 1 2 2015, are amended to read as follows: 1 3 3. A person commits the offense of possessing contraband if 1 4 the person, not authorized by law, does any of the following: 1 5 a. Knowingly introduces contraband into, or onto, the 1 6 grounds of a secure facility for the detention or custody 1 7 of juveniles, detention facility, jail, community=based 1 8 correctional facility, correctional institution, or institution 1 9 under the management of the department of corrections. 1 10 b. Knowingly conveys contraband to any person confined in 1 11 a secure facility for the detention or custody of juveniles, 1 12 detention facility, jail, community=based correctional 1 13 facility, correctional institution, or institution under the 1 14 management of the department of corrections. 1 15 c. Knowingly makes, obtains, or possesses contraband while 1 16 confined in a secure facility for the detention or custody 1 17 of juveniles, detention facility, jail, community=based 1 18 correctional facility, correctional institution, or institution 1 19 under the management of the department of corrections, or while 1 20 being transported or moved incidental to confinement. 1 21 4. A person who possesses contraband or fails to report an 1 22 offense of possessing contraband commits the following: 1 23 a. A class "C" felony for the possession of contraband 1 24 if the contraband is of the type described in subsection 1, 1 25 paragraph "b". 1 26 b. A class "D" felony for the possession of contraband if 1 27 the contraband is any other type of contraband. 1 28 c. An aggravated misdemeanor for failing to report a 1 29 known violation or attempted violation of this section to an 1 30 official or officer at a secure facility for the detention or 1 31 custody of juveniles, detention facility, jail, community=based 1 32 correctional facility, correctional institution, or institution 1 33 under the management of the department of corrections. 1 34 5. Nothing in this section is intended to limit the 1 35 authority of the administrator of any secure facility for 2 1 the detention or custody of juveniles, detention facility, 2 2 jail, community=based correctional facility, correctional 2 3 institution, or institution under the management of 2 4 the department of corrections to prescribe or enforce 2 5 rules concerning the definition of contraband, and the 2 6 transportation, making, or possession of substances, devices, 2 7 instruments, materials, or other items. 2 8 Sec. 2. Section 719.7A, subsection 1, paragraph b, Code 2 9 2015, is amended to read as follows: 2 10 b. "Facility" means a county jail, municipal holding 2 11 facility, community=based correctional facility, or institution 2 12 under the management of the department of corrections. 2 13 EXPLANATION 2 14 The inclusion of this explanation does not constitute agreement with 2 15 the explanation's substance by the members of the general assembly. 2 16 This bill relates to possessing contraband or electronic 2 17 contraband at a community=based correctional facility. 2 18 Under the bill, a person commits the criminal offense of 2 19 possessing contraband, if the person, not authorized by law, 2 20 knowingly introduces contraband into or onto the grounds 2 21 of a community=based correctional facility, or knowingly 2 22 conveys contraband to a person confined at such a facility, 2 23 or knowingly makes, obtains, or possesses contraband while 2 24 confined or being transported. The penalty is either a class 2 25 "C" felony or a class "D" felony depending on the contraband 2 26 involved in the offense. The bill also provides that if a 2 27 person fails to report a known contraband violation to an 2 28 official or officer of a community=based correctional facility, 2 29 the person commits an aggravated misdemeanor. Under current 2 30 law, a person commits the criminal offense of possessing 2 31 contraband if the violation occurs in or on the grounds of a 2 32 secure facility for the detention of juveniles, a detention 2 33 facility, jail, correctional institution, or institution under 2 34 the management of the department of corrections. 2 35 "Contraband" is defined in Code section 719.7(1) and 3 1 includes controlled substances, weapons, and items that could 3 2 be used to facilitate an escape. 3 3 Under the bill, a person commits the criminal offense of 3 4 possessing electronic contraband (cell phone), if the person, 3 5 not authorized by law, knowingly supplies or attempts to 3 6 supply electronic contraband to any person confined in a 3 7 community=based correctional facility, or knowingly makes, 3 8 obtains, or possesses electronic contraband while confined 3 9 or being transported. A person who violates this provision 3 10 commits a class "D" felony. The bill provides that if a person 3 11 fails to report a known electronic contraband violation to an 3 12 official or officer of a community=based correctional facility, 3 13 the person commits an aggravated misdemeanor. Under current 3 14 law, a person commits the criminal offense of possessing 3 15 electronic contraband if the violation occurs in or while being 3 16 transported or moved to or from a jail, municipal holding 3 17 facility, or institution under the management of the department 3 18 of corrections. 3 19 The bill, in part, is a response to the Iowa Supreme Court's 3 20 decision in State v. Halverson, No. 13=0446, (Iowa 2015), 3 21 which held that a community=based correctional facility is 3 22 not an institution under the management of the department of 3 23 corrections. LSB 1852HV (2) 86 jm/rj
