An Act to revise provisions relating to the delivery, possession with intent to deliver, and possession of unauthorized articles in a state correctional facility, and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 24-2-14 be AMENDED:

24-2-14. No alcoholic beverage, marijuana, or weapon, as defined in subdivision 22-1-2(10), may be possessed by any inmate of a state correctional facility. No prescription or nonprescription drug, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of a state correctional facility except by order of a physician, physician assistant, or licensed nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively. Such order must be in writing and for a definite period. Any violation of this section constitutes Possession of the following articles by an inmate of a state correctional facility, unless directly issued by the Department of Corrections and used in accordance with the department's policies and procedures, is a felony pursuant to the following schedule:

(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;

(2) Possession of an article of indulgence is a Class 6 felony;

(3)(2) Possession of a cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(4)(3) Possession of any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except by written order for a definite period from a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, is a Class 4 felony; and

(3)(5)(4) Possession of a dangerous weapon as defined in subdivision 22-1-2(10) by § 22-1-2 is a Class 2 felony; and

(5) Possession of any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Section 2. That § 24-2-22 be AMENDED:

24-2-22. Any employee or other person who delivers or procures to be delivered, or possesses with the intention intent to deliver, to any inmate in a state correctional facility, or who deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport entering upon the grounds of any facility or place and its ancillary facilities used to house inmates, any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections of the following articles, with the intent that any inmate obtain or receive such the article, is guilty of a Class 6 felony pursuant to the following schedule:

(1) Any alcoholic beverage or marijuana is a Class 6 felony;

(2) An article of indulgence is a Class 6 felony;

(3)(2) A cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(4)(3) Any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, is a Class 4 felony; and

(5)(4) A dangerous weapon, as defined by § 22-1-2, is a Class 2 felony; and

(5) Any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Section 3. That a NEW SECTION be added to chapter 24-2:

For purposes of §§ 24-2-14 and 24-2-22, "article of indulgence" means any item that an inmate is unable to possess pursuant to the policies of the Department of Corrections.