HB 348 — Cell phones and other contraband found in correctional facilities; provide certain penalties for.

Bill Text

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The bill modifies eligibility for sentence reductions by removing restrictions on inmates convicted of drug offenses in correctional facilities while adding restrictions for correctional staff.

• Section 47-5-198

  the person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence. → notwithstanding any other law to the contrary, is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.

  It removes the restriction on most inmates convicted of drug offenses from earning time allowances while imposing the same restriction on correctional staff.

• Section 47-5-138.1

  the offender was convicted of selling, possessing or using a controlled substance within a correctional facility while employed at such facility under Section 47-5-198. → the offender was convicted of trafficking in controlled substances under Section 41-29-139.

  It aligns the eligibility criteria for sentence reductions by explicitly including drug offenses related to corrections.

• Section 47-5-139

  the inmate was convicted of the sale, possession or use of controlled substances or narcotic drugs within a correctional facility while employed at such facility as prescribed under Section 47-5-198. → the inmate was convicted of selling, possessing or using a controlled substance within a correctional facility while employed at such facility under Section 47-5-198.

  It codifies the restriction on earned time allowances for inmates convicted of specific drug-related offenses.

• Section 47-7-33

  the defendant is convicted of selling, possessing or using a controlled substance within a correctional facility while employed at the facility under Section 47-5-198, → the defendant is convicted of selling, possessing or using a controlled substance within a correctional facility while employed at the facility under Section 47-5-198

  It clarifies that those convicted of drug offenses within correctional facilities cannot have their sentences suspended.

• Section 47-5-142

  unless the offender convicted of selling, possessing or using a controlled substance within a correctional facility while employed at the facility under Section 47-5-198, → unless the offender was convicted of selling, possessing or using a controlled substance within a correctional facility while employed at the facility under Section 47-5-198,

  It ensures that offenders with drug convictions in correctional facilities do not qualify for meritorious earned time.

• Section 47-5-195

  Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, → Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.

  It clarifies the penalties for specific contraband violations including enhanced penalties for correctional employees.

Action History

1. March 05, 2019

   Died In Committee

2. February 26, 2019

   Referred To Corrections

3. February 01, 2019

   Transmitted To Senate

4. January 31, 2019

   Passed

5. January 30, 2019

   Title Suff Do Pass

6. January 14, 2019

   Referred To Corrections

Sponsors

• Bill Kinkade · Primary

Votes

Subjects