{
 "citation": "14:402",
 "heading": "Contraband defined; certain activities regarding contraband in correctional facilities",
 "doc_id": "78518",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78518",
 "classification": "F",
 "enacted_year": "1958",
 "last_amended_year": "2023",
 "penalties": [
  {
   "subsection": "G(1)",
   "text": "G.(1) Whoever violates any provision of this Section shall be fined not less than five hundred dollars and not more than ten thousand dollars and shall be imprisoned with or without hard labor for not more than ten years.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:91.6",
  "40:961"
 ],
 "text": "RS 14:402\n\n\u00a7402. Contraband defined; certain activities regarding contraband in correctional facilities\nprohibited; penalty; disposition of seized contraband\n\nA. No person shall introduce or attempt to introduce contraband into or upon the\ngrounds of any correctional facility.\n\nB. No person shall possess contraband upon the grounds of any correctional facility.\n\nC. No person shall send, or give or attempt to give, contraband to an inmate of any\ncorrectional facility.\n\nD. \"Contraband\" as used in this Section means:\n\n(1) Any controlled dangerous substance as defined in R.S. 40:961 et seq., or any\nother drug or substance that if taken internally, whether separately or in combination with\nanother drug or substance, produces or may produce a hypnotic effect, including nasal\ninhalators of any variety, sleeping pills, or barbiturates of any variety. The introduction or\nattempt of introduction by a person of any controlled dangerous substance as defined in R.S.\n40:961 et seq. upon the grounds of any correctional facility shall constitute distribution of\nthat controlled dangerous substance and shall be subject to the penalties provided in R.S.\n40:961 et seq. The provisions of this Paragraph shall not apply to a drug or substance that\nhas been prescribed by a physician, if the drug or substance is in a container issued by the\npharmacy or other place of dispensation; the container identifies the prescription number,\nprescribing physician, and issuing pharmacist or other person; and the container is not\nconcealed upon the body of the person.\n\n(2) A dangerous weapon, or other instrumentality customarily used or intended for\nprobable use as a dangerous weapon or to aid in an escape, unless authorized by the warden\nof the facility or his designee.\n\n(3) Explosives or combustibles, unless authorized by the warden of the facility or his\ndesignee.\n\n(4) Plans for the making or manufacturing of a dangerous weapon or other\ninstrumentality customarily used or intended for probable use as a dangerous weapon or to\naid in an escape, or for the making or manufacturing of explosives or combustibles, or for\nan escape from a facility, unless authorized by the warden of the facility or his designee.\n\n(5) An alcoholic beverage or other beverage which produces or may produce an\nintoxicating effect, unless authorized by the warden of the facility or his designee for\nemployee residential housing areas. However, employee residential housing areas shall not\ninclude bachelor officer quarters located within the secure perimeter of the facility. A\nreasonably small amount of sacramental wine may be permitted by the warden or his\ndesignee to be brought onto the grounds of a correctional facility for use by a clergy member\nonly as part of a religious service.\n\n(6) Stolen property.\n\n(7) Any currency or coin, unless authorized by the warden of the facility or his\ndesignee.\n\n(8) Any article of food, toiletries, or clothing, unless authorized by the warden of the\nfacility or his designee.\n\n(9) Any telecommunications equipment or component hardware, including but not\nlimited to cellular phones, pagers, beepers, global satellite system equipment, subscriber\nidentity module (SIM) cards, portable memory chips, batteries, and chargers, whether or not\nsuch equipment may be intended for use in planning or aiding an escape or attempt to escape\nfrom any facility, unless authorized by the warden of the facility or his designee.\n\n(10) Any sketch, painting, drawing, or other pictorial rendering produced in whole\nor in part by a capital offender, unless authorized by the warden of the facility or his\ndesignee.\n\n(11) Any tobacco product as defined in R.S. 14:91.6, unless authorized by the\nwarden of the facility or his designee.\n\n(12) Any equipment, whether professionally made or homemade, intended for use\nin tattooing.\n\n(13) Any electronic device including but not limited to computers, telephoto\nequipment, and communications equipment, whether modified or not.\n\n(14) Any hypodermic syringe, needle, or other object used or intended for use, or\ndesigned for use in injecting controlled dangerous substances into the human body.\n\nE. Repealed by Acts 2023, No. 302, \u00a73.\n\nF. Any contraband which is seized may be destroyed, donated to a charitable\norganization, or put to lawful use within the facility, unless it is needed as evidence in a\ncriminal prosecution. However, any money seized which is legal tender shall be placed in\na fund at the facility at which the money was seized to be used solely for the purchase of\ncontraband detection and escape chase team equipment. A record of the disposition of all\ncontraband shall be maintained.\n\nG.(1) Whoever violates any provision of this Section shall be fined not less than five\nhundred dollars and not more than ten thousand dollars and shall be imprisoned with or\nwithout hard labor for not more than ten years. Notwithstanding any other law to the\ncontrary, whoever introduces or attempts to introduce contraband as defined in Paragraph\n(D)(1) of this Section upon the grounds of any correctional facility shall be punished in\naccordance with the penalties for the distribution of the controlled dangerous substance\nprovided in R.S. 40:961 et seq.\n\n(2) If the person who violates any provision of this Section is incarcerated in the\ncorrectional facility in which the contraband is introduced, possessed, or sent from, the\nsentence imposed pursuant to Paragraph (1) of this Subsection shall be served consecutively\nto the sentence the person was serving at the time the violation of this Section occurred.\n\n(3) Any fine collected under the provisions of this Subsection shall be placed in a\nfund located within the division of probation and parole to be used solely for the purchase\nof reentry services provided to offenders by the division of probation and parole.\n\nH. For purposes of this Section, \"correctional facility\" means any jail, prison,\npenitentiary, juvenile institution, temporary holding center, or detention facility.\n\nAdded by Acts 1958, No. 269, \u00a71. Amended by Acts 1966, No. 538, \u00a71; Acts 1976,\nNo. 241, \u00a71; Acts 1977, No. 326, \u00a71; Acts 1978, No. 731, \u00a71; Acts 1980, No. 365, \u00a71; Acts\n1981, No. 282, \u00a71; Acts 1986, No. 989, \u00a71; Acts 1991, No. 191, \u00a71; Acts 2004, No. 602, \u00a71;\nActs 2008, No. 102, \u00a71; Acts 2010, No. 505, \u00a71; Acts 2012, No. 727, \u00a71; Acts 2012, No.\n799, \u00a71, eff. June 13, 2012; Acts 2013, No. 288, \u00a71, eff. June 14, 2013; Acts 2018, No. 464,\n\u00a71; Acts 2023, No. 302, \u00a7\u00a71, 3."
}