Utah § 76-8-311.8 - Prohibited substance in correctional or mental health facility.
Full text of Utah Utah Code § 76-8-311.8 — Prohibited substance in correctional or mental health facility., with citation guidance and answers to common questions.
§ 76-8-311.8. Prohibited substance in correctional or mental health facility.
Effective 5/1/2024 76-8-311.8.
Prohibited substance in correctional or mental health facility.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 76-8-311.3.
(ii)
"Medicine" means the same as that term is defined in Section 76-8-311.3.
(iii)
"Mental health facility" means the same as that term is defined in Section 76-8-311.3.
(iv)
"Offender" means the same as that term is defined in Section 76-8-311.3.
(v)
"Prohibited substance" means:
(A)
spirituous or fermented liquor;
(B)
medicine, whether or not lawfully prescribed for an offender or a detainee; or
(C)
poison in any quantity.
(b)
Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)
An actor commits prohibited substance in a correctional or mental health facility if the actor:
(a)
without the permission of the authority operating the correctional facility or secure area of a mental health facility:
(i)
knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or
(ii)
fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;
(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
(c)
(i)
is a detainee in a mental health facility or an offender; and
(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)
(a)
Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.
(b)
Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
(4)
The defenses provided in Section 76-8-311.3 apply to this section.
Frequently Asked Questions About Utah § 76-8-311.8
What does Utah Code § 76-8-311.8 cover?
Section 76-8-311.8 ("Prohibited substance in correctional or mental health facility.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-8-311.8?
A common citation format is "Utah Code § 76-8-311.8" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-8-311.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
