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State of South Dakota
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SEVENTY-FOURTH
SESSION
LEGISLATIVE ASSEMBLY, 1999 |
| 880C0473 |
SENATE JUDICIARY COMMITTEE
ENGROSSED
NO.
SB128
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1/28/99
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| Introduced by: Senators Vitter, Albers, Ham, and Madden and Representatives Hennies, Duniphan, Jaspers, and Lintz |
FOR AN ACT ENTITLED, An Act to
criminalize the possession of certain contraband in
juvenile correctional facilities and the delivery of certain contraband to juvenile correctional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-11-47 be amended to read as follows:
24-11-47. No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail or juvenile in a juvenile correctional facility . No prescription or nonprescription drugs may be possessed by any inmate of a jail or juvenile in a juvenile correctional facility except by order of a physician. Such order shall be in writing and for a definite period. A violation of this section constitutes a felony pursuant to the following schedule:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-11-47 be amended to read as follows:
24-11-47. No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail or juvenile in a juvenile correctional facility . No prescription or nonprescription drugs may be possessed by any inmate of a jail or juvenile in a juvenile correctional facility except by order of a physician. Such order shall be in writing and for a definite period. A violation of this section constitutes a felony pursuant to the following schedule:
(1)
Possession of alcoholic beverages or marijuana is a Class 6 felony;
(2)
Possession of prescription or nonprescription drugs, controlled substances or
hallucinogens is a Class 4 felony;
(3)
Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Section 2. That § 24-11-48 be amended to read as follows:
24-11-48. No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any inmate in a jail or juvenile in any juvenile correctional facility , or deposit or conceal in or around any jail or in or around a juvenile correctional facility , or in any mode of transport entering the grounds of any jail or juvenile correctional facility and its ancillary facilities used to house inmates or juveniles , any article or thing contrary to § 24-11-47 with intent that any inmate or juvenile obtain or receive the same. A violation of this section is a Class 6 felony.
Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That § 24-11-48 be amended to read as follows:
24-11-48. No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any inmate in a jail or juvenile in any juvenile correctional facility , or deposit or conceal in or around any jail or in or around a juvenile correctional facility , or in any mode of transport entering the grounds of any jail or juvenile correctional facility and its ancillary facilities used to house inmates or juveniles , any article or thing contrary to § 24-11-47 with intent that any inmate or juvenile obtain or receive the same. A violation of this section is a Class 6 felony.
Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:
A juvenile correctional facility pursuant to this Act is a juvenile detention facility as defined
in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections
under
§
1-15-1.4.
BILL HISTORY
1/25/99 First read in Senate and referred to Judiciary. S.J. 179
1/27/99 Scheduled for Committee hearing on this date.
1/27/99 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 209
BILL HISTORY
1/25/99 First read in Senate and referred to Judiciary. S.J. 179
1/27/99 Scheduled for Committee hearing on this date.
1/27/99 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 209
