Section 76-8-311.8 - Prohibited substance in correctional or mental health facility(1)(a) As used in this section:(i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.(ii) "Medicine" means the same as that term is defined in Section 76-8-311.3.(iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3.(iv) "Offender" means the same as that term is defined in Section 76-8-311.3.(v) "Prohibited substance" means: (A) spirituous or fermented liquor;(B) medicine, whether or not lawfully prescribed for an offender or a detainee; or(C) poison in any quantity.(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.(2) An actor commits prohibited substance in a correctional or mental health facility if the actor: (a) without the permission of the authority operating the correctional facility or secure area of a mental health facility: (i) knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or(ii) fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;(b) knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or(c)(i) is a detainee in a mental health facility or an offender; and(ii) in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy.(3)(a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.(b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.(4) The defenses provided in Section 76-8-311.3 apply to this section.Added by Chapter 96, 2024 General Session ,§ 55, eff. 5/1/2024.