TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 25

ESCAPE OR RESCUE OF PRISONERS

18-2510.  possession, introduction or removal of certain articles into or from correctional facilities. (1) No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a)  Introduce, or attempt to introduce, contraband into a correctional facility or the grounds of a correctional facility; or

(b)  Convey, or attempt to convey, contraband to a prisoner confined in a correctional facility; or

(c)  Possess, or attempt to possess, contraband within a correctional facility; or

(d)  Receive, obtain or remove, or attempt to receive, obtain or remove, contraband from a correctional facility.

(2)  Any person including a prisoner who violates any provision of subsection (1) of this section shall be guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine.

(3)  No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a)  Introduce, or attempt to introduce, major contraband into a correctional facility or the grounds of a correctional facility; or

(b)  Convey, or attempt to convey, major contraband to a prisoner confined in a correctional facility; or

(c)  Possess, or attempt to possess, major contraband within a correctional facility; or

(d)  Receive, obtain or remove, or attempt to receive, obtain or remove, major contraband from a correctional facility.

(4)  Any person including a prisoner who violates any provision of subsection (3) of this section shall be guilty of a felony and on conviction shall be punished by imprisonment in the state prison for a period not exceeding five (5) years or by a fine not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.

(5)  As used in this section:

(a)  "Contraband" means any article or thing that a prisoner confined in a correctional facility is prohibited by statute, rule or policy from obtaining or possessing and the use of which could endanger the safety or security of the correctional facility, any person therein or the public.

(b)  "Correctional facility" means a correctional facility as defined in section 18-101A, Idaho Code.

(c)  "Major contraband" means:

(i)   Any controlled substance as defined in section 37-2701(e), Idaho Code;

(ii)  Any tobacco product in excess of three (3) ounces;

(iii) Any firearm or dangerous weapon including explosives or combustibles or any plans or materials that may be used in the making or manufacturing of such weapons, explosives or devices;

(iv)  Any telecommunication equipment or component hardware including, but not limited to, any device carried, worn or stored that is designed or intended to receive or transmit verbal or written messages, access or store data or connect electronically to the internet or any other electronic device that allows communications in any form. Such devices include, but are not limited to, cellular telephones, portable two-way pagers, hand-held radios, global position satellite system equipment, subscriber identity module (SIM) cards, portable memory chips, batteries, chargers, blackberry-type devices or smart phones, personal digital assistants or PDA’s and laptop computers. The term also includes any new technology that is developed for similar purposes. Excluded from this definition is any device having communication capabilities that has been approved by the facility head for investigative or institutional security purposes or for conducting other official business;

(v)   Any object or instrument intended or reasonably likely to be used in the planning or aiding in an escape or attempted escape from a correctional facility.

(d)  "Prisoner" means a prisoner or a juvenile offender as those terms are defined in section 18-101A, Idaho Code.

History:

[18-2510, added 2012, ch. 82, sec. 2, p. 234.]