1. (1)

   1. (a) As used in this section:

      1. (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
      2. (ii) "Medicine" means the same as that term is defined in Section 76-8-311.3.
      3. (iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3.
      4. (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.

      5. (v) "Prohibited substance" means:

         1. (A) spirituous or fermented liquor;
         2. (B) medicine, whether or not lawfully prescribed for an offender or a detainee; or
         3. (C) poison in any quantity.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

2. (2) An actor commits prohibited substance in a correctional or mental health facility if the actor:

   1. (a) without the permission of the authority operating the correctional facility or secure area of a mental health facility:

      1. (i) knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or
      2. (ii) fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;
   2. (b) knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or

   3. (c)

      1. (i) is a detainee in a mental health facility or an offender; and
      2. (ii) in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy.

3. (3)

   1. (a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.
   2. (b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
4. (4) The defenses provided in Section 76-8-311.3 apply to this section.

Enacted by Chapter 96, 2024 General Session