Arizona Laws 13-2505. Promoting prison contraband; exceptions; x-radiation; body scans; classification
A. A person, not otherwise authorized by law, commits promoting prison contraband:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 felony | up to 10 years | up to $150,000 |
| Class 5 felony | up to 2 years | up to $150,000 |
Terms Used In Arizona Laws 13-2505
- Arrest: Taking physical custody of a person by lawful authority.
- Contraband: means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive, wireless communication device, multimedia storage device or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined in section 41-2801, or of any person within a correctional or juvenile secure care facility. See Arizona Laws 13-2501
- Correctional facility: means any place used for the confinement or control of a person:
(a) Charged with or convicted of an offense; or
(b) Held for extradition; or
(c) Pursuant to an order of court for law enforcement purposes. See Arizona Laws 13-2501
- Dangerous drug: means dangerous drug as defined in section 13-3401. See Arizona Laws 13-105
- Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
- Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
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. Any 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 or a county jail 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 or a county jail, 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.