House File 2255 - IntroducedEnrolled HOUSEHouse FILEFile 2255 BYAN COMMITTEEACT ONRELATING PUBLIC SAFETY (SUCCESSOR TO HFTHE 2094)POSSESSION AOF BILLCONTRABAND FORIN AnOR ActON relatingTHE toGROUNDS theOF possessionA ofCOMMUNITY-BASED contrabandCORRECTIONAL inFACILITY, orAND onPROVIDING thePENALTIES. grounds of a community-based correctional facility, and providing penalties.

TLSBSection 5699HV1. (1) 87 jm/rh H.F.

2255 Section 1.

An aggravated misdemeanor for failing to report a knownHouse violationFile or2255, attemptedp. violation of this section to an official or officer at a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.

2 known violation or attempted violation of this section to an official or officer at a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.

Nothing in this section is intended to limit the authority of the administrator of any secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections to prescribe or enforce rules concerning the definition of contraband, and the LSBtransportation, 5699HVmaking, (1)or 87possession -1-of jm/rhsubstances, 1/3devices, H.F.instruments, materials, or other items.

2255______________________________ transportation,______________________________ making,LINDA orUPMEYER possessionCHARLES SCHNEIDER Speaker of substances,the devices,House instruments,President materials,of orthe otherSenate items.I hereby certify that this bill originated in the House and is known as House File 2255, Eighty-seventh General Assembly.

EXPLANATION______________________________ TheCARMINE inclusionBOAL ofChief thisClerk explanationof does not constitute agreement with the explanation’sHouse substanceApproved by_______________, the2018 members______________________________ ofKIM theREYNOLDS generalGovernor assembly.

This bill relates to the possession of contraband in or on the grounds of a community-based correctional facility, and provides penalties.

The bill expands the facilities and institutions where a person may commit the criminal offense of possessing contraband to include a community-based correctional facility.

“Contraband” is defined under current law to include controlled substances, intoxicating beverages, weapons, explosives, knives or other cutting devices, items that may be fashioned to cause death or injury, and items that may be used to facilitate an escape.

A person commits a class “C” felony if the contraband is a weapon, a class “D” felony if the contraband is a controlled substance or intoxicating beverage, and an aggravated misdemeanor if the contraband is an item that may be used to facilitate an escape.

A person also commits an aggravated misdemeanor for failing to report a known violation or attempted violation involving contraband to an official or officer at a community-based correctional facility.

The bill, in part, is a response to the Iowa supreme court’s decision in State v.

Halverson, 857 N.W.2d 632 (Iowa 2015), which held that a person illegally possessing a controlled substance at a community-based correctional facility does not commit the criminal offense of possessing contraband because a community-based correctional facility is not an institution under the control of the department of corrections.

A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.

A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not LSB 5699HV (1) 87 -2- jm/rh 2/3 H.F.

2255 more than $7,500.

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.

LSB 5699HV (1) 87 -3- jm/rh 3/3