Section 76-8-311.3 - Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking(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.Amended by Chapter 96, 2024 General Session ,§ 51, eff. 5/1/2024.Amended by Chapter 99, 2024 General Session ,§ 3, eff. 5/1/2024, coordination clause.Amended by Chapter 99, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 330, 2023 General Session ,§ 53, eff. 5/3/2023.Amended by Chapter 347, 2020 General Session ,§ 40, eff. 7/1/2020.Amended by Chapter 302, 2020 General Session ,§ 19, eff. 7/1/2020.Amended by Chapter 114, 2010 General Session.