13-2505. Promoting prison contraband; exceptions; x-radiation; body scans; classification

A. A person, not otherwise authorized by law, commits promoting prison contraband:

1. By knowingly taking contraband into a correctional facility or the grounds of a correctional facility; or

2. By knowingly conveying contraband to any person confined in a correctional facility; or

3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.

B. A person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report the violation or attempted violation to the official in charge of the facility or to a peace officer.

C. Notwithstanding any law to the contrary, any person who is convicted of a violation of this section is prohibited from being employed by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.

D. This section does not apply to any of the following:

1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.

2. Contraband located at the place where a person is on home arrest.

3. Contraband authorized by the correctional facility policies and used at the direction or with the permission of prison officials.

E. The state department of corrections, a county jail or a city or town correctional facility may request a licensed practitioner as defined in section 32-2801 to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband.

F. The state department of corrections, a county jail or a city or town correctional facility, in compliance with generally accepted health and safety standards, may perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.

G. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.