Adopted by House 4-9-2009
SB521 H JUD AM 4-6 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-8. Aiding escape and other offenses relating to adults and
juveniles in custody or confinement; penalties.
(a) Where any adult or juvenile is lawfully detained in
custody or confinement in any jail, state correctional facility,
juvenile facility or juvenile detention center, if any other person
delivers anything into the place of custody or confinement of the
adult or juvenile with the intent to aid or facilitate the adult's
or juvenile's escape or attempted escape therefrom, or if the other
person forcibly rescues or attempts to rescue an adult or a
juvenile therefrom, the other person is guilty of a felony and,
upon conviction thereof, shall be confined in a state correctional
facility not less than one nor more than ten years.
(b) Where any adult or juvenile is lawfully detained in
custody or confinement in any jail, a state correctional facility
or a juvenile facility or juvenile detention center, if any other
person delivers any money or other thing of value, any written or
printed matter, any article of merchandise, food or clothing, any
medicine, telecommunication device, utensil or instrument of any
kind to the adult or juvenile without the express authority and
permission of the supervising officer and with knowledge that the adult or juvenile is lawfully detained, the other person is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $50 nor more than $500 and confined in jail not less than
three nor more than twelve months: Provided, That the provisions
of this section do not prohibit an attorney or his or her employees
from supplying any written or printed material to an adult or
juvenile which pertains to that attorney's representation of the
adult or juvenile.
(c)(1) If any person transports any alcoholic liquor,
nonintoxicating beer, poison, implement of escape, dangerous
material, weapon, or any controlled substance as defined by chapter
sixty-a of this code onto the grounds of any jail, state
correctional facility, juvenile facility or juvenile detention
center within this state and is unauthorized by law to do so, or is
unauthorized by the persons supervising the facility, the person is
guilty of a felony and, upon conviction thereof, shall be fined not
less than $1,000 nor more than $5,000 or confined in a state
correctional facility not less than two years nor more than ten
years, or both, or, in the discretion of the court, be confined in
jail not more than one year and fined not more than $500.
(
2) If any person willfully and knowingly transports or
causes to be transported any telecommunications device into or
upon any portion of any jail, state correctional facility,
juvenile facility or juvenile detention center within this state
that is not generally open and accessible to members of the
public without prior approval from the Warden/Administrator or
designee, and such person is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $100 nor more than $500 or confined in jail
not more than one year or both fined and confined.
(d) If any person delivers any alcoholic liquor,
nonintoxicating beer, poison, implement of escape, dangerous
material, weapon or any controlled substance as defined by
chapter sixty-a of this code to an adult or juvenile in custody
or confinement in any jail, state correctional facility, juvenile
facility or juvenile detention center within this state and is
unauthorized by law to do so, or is unauthorized by the persons
supervising the facility, the person is guilty of a felony and,
upon conviction thereof, shall be fined not less than $1,000 nor
more than $5,000 or confined in a state correctional facility not
less than one year nor more than five years, or both.
(e) Whoever purchases, accepts as a gift or secures by
barter, trade or in any other manner any article or articles
manufactured at or belonging to any jail, state correctional
facility, juvenile facility or juvenile detention center from any
adult or juvenile detained therein is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $50
nor more than $500 and confined in jail not less than three nor
more than twelve months: Provided, That the provisions of this
subsection do not apply to articles specially manufactured in any
facility under the authorization of the persons supervising the
facility and which are offered for sale within or outside of the
facility.
(f) Whoever persuades, induces or entices or attempts to
persuade, induce or entice any person who is in custody or
confined in any jail, state correctional facility, juvenile
facility or juvenile detention center to escape therefrom or to
engage or aid in any insubordination to the persons supervising
the facility is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $50 nor more than $500 and
confined in jail not less than three nor more than twelve months.
(g) (1) An inmate of a jail, state correctional facility,
juvenile facility or juvenile detention center having in his or
her possession any poison, implement of escape, dangerous
material, weapon, telecommunications device or any controlled
substance as defined by chapter sixty-a of this code is guilty of
a felony and, upon conviction thereof, shall be fined not less
than $1,000 nor more than $5,000 or confined in a state
correctional facility not less than one year nor more than five
years, or both, or, in the discretion of the court, be confined
in jail not more than one year and fined not more than $500.
(2) An inmate of a jail, state correctional facility,
juvenile facility or juvenile detention center having in his or
her possession any alcoholic liquor, nonintoxicating beer, money
or other thing of value, any written or printed matter, any
article of merchandise, food or clothing, any medicine,
telecommunication device, utensil or instrument of any kind
without the express authority and permission of the supervising
officer is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $500 and confined in jail not more than twelve months.
(h) As used in this section:
(1) "Dangerous material" means any incendiary material or
device, highly flammable or caustic liquid, explosive, bullet or
other material readily capable of causing death or serious bodily
injury.
(2) "Delivers" means to transfer an item to an adult or
juvenile who is detained in custody or confinement in any jail,
correctional facility, juvenile facility or juvenile detention
center or a building appurtenant to those places. The term
includes bringing the item into a jail, correctional facility,
juvenile facility or juvenile detention center or a building
appurtenant to those places. The term includes putting an item
in a place where it may be obtained by an inmate.
(3) "Inmate" means an adult or juvenile who is detained in
custody or confinement in any jail, correctional facility,
juvenile facility or juvenile detention center, regardless of
whether the individual is temporarily absent due to medical
treatment, transportation, court appearance or other reason for a
temporary absence.
(4) "Implement of escape" means a tool, implement, device,
equipment or other item which an inmate is not authorized to
possess capable of facilitating, aiding or concealing an escape
or attempted escape by an inmate.
(5) "Telecommunication device" means any type of instrument,
device, machine or equipment which is capable of transmitting telephonic, electronic, digital, cellular or radio communications
or any part of an instrument, device, machine or equipment which
is capable of facilitating the transmission of telephonic,
electronic, digital, cellular or radio communications regardless
of whether the part itself is able to transmit. The term
includes, but is not limited to, cellular phones, digital phones
and modem equipment devices.
(6) "Weapon" means an implement readily capable of lethal
use and includes any firearm, knife, dagger, razor, other cutting
or stabbing implement or club. The term includes any item which
has been modified or adapted so that it can be used as a firearm,
knife, dagger, razor, other cutting or stabbing implement or
club. For purposes of this definition, the term "firearm"
includes an unloaded firearm or the unassembled components of a
firearm.