Purpose

The bill aims to strengthen penalties for introducing contraband into jails, lockups, and correctional facilities, and for possessing contraband or dangerous weapons in those places. It also clarifies that penalties depend on whether the person in charge consents to the introduction and where the act occurs (inside the facility or on its grounds).

Main Provisions

• Prohibited acts and penalties for contraband
  • If someone introduces or causes the introduction of contraband into a jail, lockup, or correctional facility without the consent of the person in charge, or if they are found in possession of contraband while inside the facility or on its grounds, they commit a gross misdemeanor.
• Felony penalties for contraband without consent
  • If someone introduces or causes the introduction of contraband into a jail, lockup, or correctional facility without the consent of the person in charge, that act is a felony, with a potential sentence of up to two years in prison.
• Felony penalties for dangerous weapons
  • If someone introduces or causes the introduction of a dangerous weapon into a jail, lockup, or correctional facility without the consent of the person in charge, or if they are found in possession of a dangerous weapon inside the facility or on its grounds, that act is a felony, with a potential sentence of up to five years in prison.
• Definitions and references
  • The bill uses definitions from other parts of Minnesota law, including contraband defined in subdivision 1, and a dangerous weapon defined in section 609.02 subdivision 6. It also references facilities and grounds as defined in section 241021 subdivision 1.

Changes to Existing Law

• Increases penalties for contraband-related crimes in correctional settings:
  • Adds or strengthens felony penalties (up to two years) for introducing contraband without consent.
  • Establishes harsher penalties (up to five years) for introducing or possessing a dangerous weapon within or on the grounds of a facility.
  • Maintains a gross misdemeanor penalty for contraband when the act occurs without consent and the contraband is involved inside the facility or on its grounds.
• Adds a clear consent requirement from the person in charge for acts to be considered criminal, and ties penalties to whether consent was given.

Definitions and Key Concepts (for clarity)

• Contraband: items defined as prohibited or illegal within the facility context.
• Jail / Lockup / Correctional Facility: types of detention facilities covered by the statute.
• Person in charge: the individual whose consent is needed to avoid certain penalties.
• Consent of the person in charge: a critical factor determining the severity of the offense.
• Dangerous weapon: as defined in Minnesota law (609.02 subdivision 6).

Notable Implications

• Higher potential prison sentences for those who bring contraband or dangerous weapons into facilities without authorization.
• Stronger emphasis on facility security and safety by penalizing possession of prohibited items on facility grounds.

Relevant Terms contraband jail lockup correctional facility person in charge consent gross misdemeanor felony imprisonment dangerous weapon 60902 subdivision 6 section 241021 subdivision 1 grounds thereof Minnesota Statutes 2024 section 641165 subdivision 2