The power of prison authorities ought not to depend on the ability of the legislature to continually enact amendments which reflect the current drug market. References to "narcotic drugs" or "dangerous drugs" would make the regulatory power of prison authorities depend on the statutory definition of those terms a result which is undesirable. The definition of "unapproved drug" is intended to allow prison authorities to regulate the use of drugs by prisoners under their control. The definition of "unapproved dangerous instrument" is intended to ensure that it is not criminal "for a prisoner to have articles of potential danger when they are made available to him by prison authorities, e.g., in connection with tasks assigned to the prisoner." It is clear that the peculiar population in correctional and detention facilities warrants the reinforcement of regulatory measures by criminal penalties. Where the materials involved are intrinsically dangerous, to the actor or others, the offense is made a class B felony. These sections penalize the introduction into correctional or detention facilities of materials likely to be used to effectuate escape or otherwise contravene prison rules. Īs suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, §710-1022 did not violate defendant's equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under this section. (3) Promoting prison contraband in the second degree is a class C felony. (2) "Contraband" means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, or order. (b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses known contraband. (a) The person intentionally conveys known contraband to any person confined in a correctional or detention facility or (1) A person commits the offense of promoting prison contraband in the second degree if: §710-1023 Promoting prison contraband in the second degree.
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