{"data":{"id":"us-ut/utah-code-76-8-311.3","jurisdiction":"us-ut","citation":"Utah Code § 76-8-311.3","heading":"Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.","body":"(1)\n(a) As used in this section:\n(i) \"Communication device\" means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication, or another device that can be used to communicate electronically.\n(ii) \"Controlled substance\" means a substance defined as a controlled substance under Title 58, Chapter 37, Controlled Substances.\n(iii) \"Correctional facility\" means:\n(A) a facility operated by or contracting with the Department of Corrections to house an offender in either a secure or nonsecure setting;\n(B) a facility operated by a municipality or a county to house or detain an offender;\n(C) a juvenile detention facility; or\n(D) a building or grounds appurtenant to a facility or land granted to the state, municipality, or county for use as a correctional facility.\n(iv) \"Dangerous weapon\" means the same as that term is defined in Section 76-11-101.\n(v) \"Electronic cigarette product\" means the same as that term is defined in Section 76-9-1101.\n(vi) \"Firearm\" means the same as that term is defined in Section 76-11-101.\n(vii) \"Medicine\" means a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include a controlled substance as defined in Title 58, Chapter 37, Controlled Substances.\n(viii) \"Mental health facility\" means the same as that term is defined in Section 26B-5-301.\n(ix) \"Nicotine product\" means the same as that term is defined in Section 76-9-1101.\n(x) \"Offender\" means an individual in custody at a correctional facility.\n(xi) \"Secure area\" means the same as that term is defined in Section 76-8-311.1.\n(xii) \"Tobacco product\" means the same as that term is defined in Section 76-9-1101.\n(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.\n(2)\n(a) Notwithstanding Section 53-5a-102, a correctional facility or mental health facility may prohibit a firearm, ammunition, a dangerous weapon, an implement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison from being:\n(i) transported to or within a correctional facility or mental health facility;\n(ii) sold or given away to an offender at a correctional facility or mental health facility; or\n(iii) possessed by an offender or another individual at a correctional facility or mental health facility.\n(b) A correctional facility may prohibit a communication device from being:\n(i) transported within the correctional facility for the purpose of being sold to an offender in the correctional facility;\n(ii) sold or given away to an offender in the correctional facility; or\n(iii) possessed by an offender or another individual at the correctional facility.\n(3) It is a defense to a prosecution related to this section that the actor, in committing the act made criminal by this section with respect to:\n(a) a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;\n(b) a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;\n(c) a correctional facility operated by a county, acted in conformity with the policy of the county; or\n(d) a mental health facility, acted in conformity with the policy of the mental health facility.\n(4)\n(a) Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under Section 76-8-311.4, 76-8-311.6, 76-8-311.7, 76-8-311.8, 76-8-311.9, 76-8-311.10, or 76-8-311.11 for a violation of a policy or rule created under this section.\n(b) An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a correctional facility or a mental health facility may be punished under Section 76-15-210 or 76-15-211.\n(c) The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be charged under Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances.\n(5) Exemptions to a policy or rule created under this section may be granted for worship of Native American inmates in accordance with Section 64-13-40.","path":["Title 76 Criminal Offenses","Chapter 76-8 Offenses Against the Administration of Government","Part 76-8-3 Obstructing Governmental Operations"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter8/76-8-S311.3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"c892c89e8e63aadb3e3ec5d6b005cefdda6805ee3e2b4481eb4b21cb103c9bc0","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-8-311.2","next":"us-ut/utah-code-76-8-311.4"},"notice":"GroundRules: Original legal text. Not legal advice."}