76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
(1) As used in this section:
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to house offenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state, municipality, or county for use as a correctional facility.
This means all jails, prisons, or other facilities where criminals who have been arrested are kept.
(f) "Mental health facility" means the same as that term is defined in Section 62A-15-602.
Same as described under 76-8-311.1 Secure areas -- Items prohibited -- Penalty. explained above.
(i) "Secure area" means the same as that term is defined in Section 76-8-311.1.
Same as described under 76-8-311.1 Secure areas -- Items prohibited -- Penalty. explained above.
(2) Notwithstanding Section 76-10-500, a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at any correctional or mental health facility;
(c) given to or used by any offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to any prosecution under this section if the accused 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.
Goes into detail explaining how firearms, ammunition, and other dangerous weapons are prohibited and cannot be brought onto the property for any reason.
(4)(a) An individual who transports to or upon a correctional facility, or into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
Yep, its a felony.
(b) An individual who provides or sells to any offender at a correctional facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.
Yep, this is a felony too.
(c) An offender who possesses at a correctional facility, or a detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a second degree felony.
Yep, its still a felony.
(d) An individual who, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses at a correctional facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or implement of escape is guilty of a third degree felony.
Yep, and finally, this is also a felony.