SB 440 — Increasing penalty for transporting telecommunication devices into jails

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 440 ByBYSENATORS SenatorD DeedsEEDS, [IntroducedAMILTON, JanuaryOELFEL, 16,WILL,AND 2026;TARR [Reported February 3, 2026, from the Committee on the Judiciary] CS for SB 440 A BILL to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as amended, relating to federal correctional institutions;

referredadding tofederal thecorrectional Committeeinstitutions onto the Judiciary]list Intr SB 440 2026R2009 A BILL to amend and reenact §61-5-8 of thecorrectional Codefacilities ofin Westwhich Virginia,it 1931,is asa amended,criminal relatingoffense to makingdeliver transportinganything telecommunicationunlawfully devicesto into a stateperson correctionalin facilitycustody aor felony.confined therein;

adding telecommunications device as a prohibited object that may be delivered or transported, or caused to be delivered or transported, into a correctional institution;

updating and expanding the definition of a telecommunications device;

and amending, enhancing, and modifying criminal penalties related to crime of aiding escape and other offenses relating to adults and juveniles in custody or confinement.

(a) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, state correctional facility, juvenile facilityfacility, or juvenile detention center, or federal correctional facility, 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,therefrom from the facility, or if the other person forcibly rescues or attempts to rescue an adult or a juvenile therefrom,therefrom from the facility, the other person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one three nor more than ten 15 years.

(b) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, a state correctional facilityfacility, or a juvenile facility or juvenile detention center, or federal correctional facility, 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, utensil or instrument of any kind to the adult or juvenile without the express authority and permission of the supervising officer CS for SB 440 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 twelve12 months:

(c)(1) If any person transportstransports, or causes to be transported, any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon, telecommunication device, or any controlled substance Intr SB 440 2026R2009 as defined by chapter sixty-a60A of this code onto the grounds of any jail, state correctional facility, juvenile facilityfacility, or juvenile detention centercenter, or federal correctional facility 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 ten10 years, or both,both or, in the discretion of the court, be confined in jail not more than one year and fined not more than $500.

(d) If any person deliversdelivers, or causes to be delivered, any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon, telecommunication device, or any controlled substance as defined by chapter sixty-a60A of this code to an adult or juvenile in custody or confinement in any jail, state correctional facility, juvenile facilityfacility, or juvenile detention centercenter, CS for SB 440 or federal correctional facility 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 shall be fined not less $1,000 nor more than $5,000, or confined in a state correctional facility not less than two nor more than 10 years, or both.

(e) Whoever purchases, accepts as a giftgift, or secures by barter, tradetrade, or in any other manner any article or articles manufactured at or belonging to any jail, state correctional facility, juvenile facilityfacility, or juvenile detention centercenter, or federal correctional facility from any adult or juvenile detained therein in 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 twelve12 months:

Provided, That the provisions Intr SB 440 2026R2009 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, inducesinduces, or entices or attempts to persuade, induceinduce, or entice any person who is in custody or confined in any jail, state correctional facility, juvenile facilityfacility, or juvenile detention centercenter, or federal correctional facility to escape therefrom from the facility or to engage or aid in any insubordination to the persons supervising the facility is guilty of a misdemeanor felony 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.months $1,000 nor more than $5,000 or confined in a state correctional facility not less than two nor more than 10 years, or both.

(g) (1) An inmate of a jail, state correctional facility, juvenile facilityfacility, or juvenile detention centercenter, or federal correctional facility 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-a60A of this code is guilty of a felony and, upon conviction thereof, shall be CS for SB 440 fined not less than $1,000 nor more than $5,000 or confined in a state correctional facility not less than one year two years nor more than five 10 years, or both,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 facilityfacility, or juvenile detention centercenter, or federal correctional facility 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, 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 twelve12 months.

(1) "Dangerous material" means any incendiary material or device, highly flammable or caustic liquid, explosive, bulletbullet, or other material readily capable of causing death or serious bodily injury.

Intr SB 440 2026R2009 (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 facilityfacility, or juvenile detention centercenter, federal correctional facility or a building appurtenant to those places.

The term includes bringing the item into a jail, correctional facility, juvenile facilityfacility, or juvenile detention centercenter, or a building appurtenant to those places.

(3) "Inmate" means an adult or juvenile who is detained in custody or confinement in any jail, correctional facility, juvenile facilityfacility, or juvenile detention center, or federal correctional facility, regardless of whether the individual is temporarily absent due to medical treatment, transportation, court appearanceappearance, or other reason for a temporary absence.

CS for SB 440 (4) "Implement of escape" means a tool, implement, device, equipmentequipment, or other item which an inmate is not authorized to possess capable of facilitating, aidingaiding, or concealing an escape or attempted escape by an inmate.

(5) "Telecommunication device" means any type of instrument, device, machinemachine, or equipment which is capable of transmitting or receiving telephonic, electronic, digital, cellularcellular, satellite, internet, or radio communications or any part of an instrument, device, machinemachine, or equipment which is capable of facilitating the transmission or reception of telephonic, electronic, digital, cellularcellular, satellite, internet, or radio communications regardless of whether the part itself is able to transmit.

The term includes, but is not limited to, cellular phones, digital phonesphones, satellite phones, tablet computers, computers, smart devices, and or other modem equipment devices.

(6) "Weapon" means an implement readily capable of lethal use and includes any firearm, knife, dagger, razor, other cutting or stabbing implementimplement, 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 cuttingcutting, or stabbing implementimplement, or club.

NOTE:

The purpose of this bill is to make transportation of a telecommunication device into a state correctional facility a felony.

Intr SB 440 2026R2009 Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.