1. A. Bringing contraband into a juvenile detention facility or juvenile correctional facility consists of carrying, transporting or depositing contraband onto the grounds of a facility designated by the children, youth and families department for the detention or commitment of children. Whoever commits bringing contraband into a juvenile correctional facility is guilty of a third degree felony. Whoever commits bringing contraband into a juvenile detention facility is guilty of a fourth degree felony.

2. B. As used in this section, "contraband" means:

   1. (1) a deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of the officer's duties;
   2. (2) currency brought onto the grounds of a juvenile detention facility or juvenile correctional facility and not declared upon entry to the facility for the purpose of transfer to a child detained in or committed to the facility, but does not include currency carried into areas designated by the facility administrator as areas for the deposit and receipt of currency for credit to a child's account before contact is made with any child;
   3. (3) an alcoholic beverage brought within the physical confines of the juvenile detention or juvenile correctional facility; or
   4. (4) a controlled substance, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or cannabis, as defined in the Cannabis Regulation Act [Chapter 26, Article 2C NMSA 1978], but does not include a controlled substance or medical cannabis carried into a juvenile detention facility or juvenile correctional facility through regular facility channels and pursuant to the direction or prescription of a licensed physician.

History: Laws 1997, ch. 44, § 1; 2024, ch. 38, § 15; 2024, ch. 49, § 2.

ANNOTATIONS

The 2024 Multiple Amendments. — Laws 2024, ch. 38, § 15, effective July 1, 2024, and Laws 2024, ch. 49, § 2, effective May 15, 2024, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2024, ch. 49, § 2, as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2024, ch. 38, § 15 and Laws 2024, ch. 49, § 2 are described below. To view the session laws in their entirety, see the 2024 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2024, ch. 38, § 15, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" and excluded "medical cannabis" from the definition of "contraband" and Laws 2024, ch. 49, § 2, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband", excluded "medical cannabis" from the definition of "contraband" and made technical amendments.

Laws 2024, ch. 49, § 2, effective May 15, 2024, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" excluded "medical cannabis" from the definition of "contraband" and made technical amendments; and in Subsection B, Paragraph B(4), after "Controlled Substances Act", added "or cannabis, as defined in the Cannabis Regulation Act", and after "include a controlled substance" added "or medical cannabis".

Laws 2024, ch. 38, § 15, effective July 1, 2024, included "cannabis" as defined in the Cannabis Regulation Act, within the definition of "contraband" and excluded "medical cannabis" from the definition of "contraband"; and in Subsection B, Paragraph B(4), after "Controlled Substances Act", added "or cannabis, as defined in the Cannabis Regulation Act", and after "include a controlled substance" added "or medical cannabis".